| 1 | 1 | | 88R612 ADM-D |
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| 2 | 2 | | By: Lopez of Cameron, Cook H.B. No. 2338 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the amount of the reimbursement fee paid by a defendant |
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| 8 | 8 | | for a peace officer's services in executing or processing an arrest |
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| 9 | 9 | | warrant, capias, or capias pro fine. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 102.011(a), Code of Criminal Procedure, |
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| 12 | 12 | | is amended to read as follows: |
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| 13 | 13 | | (a) A defendant convicted of a felony or a misdemeanor shall |
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| 14 | 14 | | pay the following reimbursement fees to defray the cost of the |
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| 15 | 15 | | services provided in the case by a peace officer: |
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| 16 | 16 | | (1) $5 for issuing a written notice to appear in court |
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| 17 | 17 | | following the defendant's violation of a traffic law, municipal |
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| 18 | 18 | | ordinance, or penal law of this state, or for making an arrest |
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| 19 | 19 | | without a warrant; |
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| 20 | 20 | | (2) $75 if the defendant is convicted of a felony, a |
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| 21 | 21 | | Class A misdemeanor, or a Class B misdemeanor, or $50 if the |
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| 22 | 22 | | defendant is convicted only of a Class C misdemeanor, for executing |
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| 23 | 23 | | or processing an issued arrest warrant, capias, or capias pro fine, |
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| 24 | 24 | | with the fee imposed for the services of: |
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| 25 | 25 | | (A) the law enforcement agency that executed the |
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| 26 | 26 | | arrest warrant or capias, if the agency requests of the court, not |
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| 27 | 27 | | later than the 15th day after the date of the execution of the |
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| 28 | 28 | | arrest warrant or capias, the imposition of the fee on conviction; |
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| 29 | 29 | | or |
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| 30 | 30 | | (B) the law enforcement agency that processed the |
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| 31 | 31 | | arrest warrant or capias, if: |
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| 32 | 32 | | (i) the arrest warrant or capias was not |
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| 33 | 33 | | executed; or |
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| 34 | 34 | | (ii) the executing law enforcement agency |
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| 35 | 35 | | failed to request the fee within the period required by Paragraph |
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| 36 | 36 | | (A); |
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| 37 | 37 | | (3) $5 for summoning a witness; |
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| 38 | 38 | | (4) $35 for serving a writ not otherwise listed in this |
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| 39 | 39 | | article; |
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| 40 | 40 | | (5) $10 for taking and approving a bond and, if |
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| 41 | 41 | | necessary, returning the bond to the courthouse; |
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| 42 | 42 | | (6) $5 for commitment or release; |
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| 43 | 43 | | (7) $5 for summoning a jury, if a jury is summoned; and |
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| 44 | 44 | | (8) $8 for each day's attendance of a prisoner in a |
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| 45 | 45 | | habeas corpus case if the prisoner has been remanded to custody or |
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| 46 | 46 | | held to bail. |
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| 47 | 47 | | SECTION 2. The change in law made by this Act applies only |
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| 48 | 48 | | to a fee imposed for the execution or processing of an arrest |
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| 49 | 49 | | warrant, capias, or capias pro fine issued for an offense committed |
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| 50 | 50 | | on or after the effective date of this Act. A fee imposed for the |
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| 51 | 51 | | execution or processing of an arrest warrant, capias, or capias pro |
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| 52 | 52 | | fine issued for an offense committed before the effective date of |
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| 53 | 53 | | this Act is governed by the law in effect on the date the offense was |
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| 54 | 54 | | committed, and the former law is continued in effect for that |
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| 55 | 55 | | purpose. For purposes of this section, an offense was committed |
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| 56 | 56 | | before the effective date of this Act if any element of the offense |
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| 57 | 57 | | occurred before that date. |
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| 58 | 58 | | SECTION 3. This Act takes effect September 1, 2023. |
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