Bill Text: TX HB1055 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to expanding the category of persons required to pay certain costs on conviction imposed for the support of drug court programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-04-08 - Withdrawn from schedule [HB1055 Detail]
Download: Texas-2015-HB1055-Introduced.html
84R2439 MEW-D | ||
By: Gutierrez | H.B. No. 1055 |
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relating to expanding the category of persons required to pay | ||
certain costs on conviction imposed for the support of drug court | ||
programs. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Article 102.0178, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
Art. 102.0178. COSTS ATTENDANT TO [ |
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SECTION 2. Articles 102.0178(a), (e), and (g), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a) In addition to other costs on conviction imposed by this | ||
chapter, a person shall pay $60 as a court cost on conviction of an | ||
offense punishable as a Class B misdemeanor or any higher category | ||
of offense [ |
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(e) A county is entitled to: | ||
(1) if the custodian of the county treasury complies | ||
with Subsection (d), retain 10 percent of the funds collected under | ||
this article by an officer of the county during the calendar quarter | ||
as a service fee; and | ||
(2) if the county has established a drug court | ||
program, including a family drug court program, or establishes a | ||
drug court program before the expiration of the calendar quarter, | ||
retain in addition to the 10 percent authorized by Subdivision (1) | ||
another 70 [ |
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an officer of the county during the calendar quarter to be used | ||
exclusively for the development and maintenance of all drug court | ||
programs operated within the county. | ||
(g) The comptroller shall deposit the funds received under | ||
this article to the credit of the drug court account in the general | ||
revenue fund to help fund drug court programs established under | ||
Chapter 122 or[ |
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law. The legislature shall appropriate money from the account | ||
solely to the criminal justice division of the governor's office | ||
for distribution to drug court programs that apply for the money. | ||
SECTION 3. Section 102.021, Government Code, is amended to | ||
read as follows: | ||
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL | ||
PROCEDURE. A person convicted of an offense shall pay the | ||
following under the Code of Criminal Procedure, in addition to all | ||
other costs: | ||
(1) court cost on conviction of any offense, other | ||
than a conviction of an offense relating to a pedestrian or the | ||
parking of a motor vehicle (Art. 102.0045, Code of Criminal | ||
Procedure) . . . $4; | ||
(2) a fee for services of prosecutor (Art. 102.008, | ||
Code of Criminal Procedure) . . . $25; | ||
(3) fees for services of peace officer: | ||
(A) issuing a written notice to appear in court | ||
for certain violations (Art. 102.011, Code of Criminal Procedure) | ||
. . . $5; | ||
(B) executing or processing an issued arrest | ||
warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal | ||
Procedure) . . . $50; | ||
(C) summoning a witness (Art. 102.011, Code of | ||
Criminal Procedure) . . . $5; | ||
(D) serving a writ not otherwise listed (Art. | ||
102.011, Code of Criminal Procedure) . . . $35; | ||
(E) taking and approving a bond and, if | ||
necessary, returning the bond to courthouse (Art. 102.011, Code of | ||
Criminal Procedure) . . . $10; | ||
(F) commitment or release (Art. 102.011, Code of | ||
Criminal Procedure) . . . $5; | ||
(G) summoning a jury (Art. 102.011, Code of | ||
Criminal Procedure) . . . $5; | ||
(H) attendance of a prisoner in habeas corpus | ||
case if prisoner has been remanded to custody or held to bail (Art. | ||
102.011, Code of Criminal Procedure) . . . $8 each day; | ||
(I) mileage for certain services performed (Art. | ||
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and | ||
(J) services of a sheriff or constable who serves | ||
process and attends examining trial in certain cases (Art. 102.011, | ||
Code of Criminal Procedure) . . . not to exceed $5; | ||
(4) services of a peace officer in conveying a witness | ||
outside the county (Art. 102.011, Code of Criminal Procedure) . . . | ||
$10 per day or part of a day, plus actual necessary travel expenses; | ||
(5) overtime of peace officer for time spent | ||
testifying in the trial or traveling to or from testifying in the | ||
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost; | ||
(6) court costs on an offense relating to rules of the | ||
road, when offense occurs within a school crossing zone (Art. | ||
102.014, Code of Criminal Procedure) . . . $25; | ||
(7) court costs on an offense of passing a school bus | ||
(Art. 102.014, Code of Criminal Procedure) . . . $25; | ||
(8) court costs on an offense of truancy or | ||
contributing to truancy (Art. 102.014, Code of Criminal Procedure) | ||
. . . $20; | ||
(9) cost for visual recording of intoxication arrest | ||
before conviction (Art. 102.018, Code of Criminal Procedure) . . . | ||
$15; | ||
(10) cost of certain evaluations (Art. 102.018, Code | ||
of Criminal Procedure) . . . actual cost; | ||
(11) additional costs attendant to certain | ||
intoxication convictions under Chapter 49, Penal Code, for | ||
emergency medical services, trauma facilities, and trauma care | ||
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100; | ||
(12) additional costs attendant to certain child | ||
sexual assault and related convictions, for child abuse prevention | ||
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100; | ||
(13) court cost for DNA testing for certain felonies | ||
(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250; | ||
(14) court cost for DNA testing for the offense of | ||
public lewdness or indecent exposure (Art. 102.020(a)(2), Code of | ||
Criminal Procedure) . . . $50; | ||
(15) court cost for DNA testing for certain felonies | ||
(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34; | ||
(16) if required by the court, a restitution fee for | ||
costs incurred in collecting restitution installments and for the | ||
compensation to victims of crime fund (Art. 42.037, Code of | ||
Criminal Procedure) . . . $12; | ||
(17) if directed by the justice of the peace or | ||
municipal court judge hearing the case, court costs on conviction | ||
in a criminal action (Art. 45.041, Code of Criminal Procedure) | ||
. . . part or all of the costs as directed by the judge; and | ||
(18) costs attendant to convictions of offenses | ||
punishable as a Class B misdemeanor or any higher category of | ||
offense [ |
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established under Chapter 122 or[ |
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Code, or former law (Art. 102.0178, Code of Criminal Procedure) | ||
. . . $60. | ||
SECTION 4. Section 124.004(b), Government Code, is | ||
repealed. | ||
SECTION 5. Article 102.0178, Code of Criminal Procedure, as | ||
amended by this Act, applies only to a cost on conviction for an | ||
offense committed on or after the effective date of this Act. An | ||
offense committed before the effective date of this Act is governed | ||
by the law in effect when the offense was committed, and the former | ||
law is continued in effect for that purpose. For purposes of this | ||
section, an offense was committed before the effective date of this | ||
Act if any element of the offense occurred before that date. | ||
SECTION 6. This Act takes effect September 1, 2015. |