Bill Text: TX HB1713 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to reimbursing property owners in certain counties for damages caused by certain criminal activities; authorizing a fee.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-05-06 - Committee report sent to Calendars [HB1713 Detail]
Download: Texas-2013-HB1713-Comm_Sub.html
83R23367 MAW-D | |||
By: Lozano, King of Zavala | H.B. No. 1713 | ||
Substitute the following for H.B. No. 1713: | |||
By: Herrero | C.S.H.B. No. 1713 |
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relating to reimbursing property owners in certain counties for | ||
damages caused by certain criminal activities; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 18.17, Code of Criminal Procedure, is | ||
amended by adding Subsection (k) to read as follows: | ||
(k)(1) This subsection applies to any property described by | ||
Subsection (a) that is seized by a peace officer during the | ||
investigation of an offense under Section 20.05 or 38.04, Penal | ||
Code, or any offense under Chapter 20A, Penal Code, alleged to have | ||
occurred in a county with a population of: | ||
(A) 40,000 or more but less than 41,000; | ||
(B) 32,000 or more but less than 32,300; | ||
(C) 31,000 or more but less than 32,000; | ||
(D) 22,000 or more but less than 22,150; | ||
(E) 11,000 or more but less than 11,600; | ||
(F) 650 or more but less than 800; | ||
(G) 300 or more but less than 600; or | ||
(H) less than 8,000 and that is adjacent to a | ||
county described by Paragraph (G). | ||
(2) Notwithstanding any other provision of this | ||
article, the sale proceeds of property described by Subdivision (1) | ||
shall be deposited, after deducting the reasonable expense of | ||
keeping and disposing of the property, in a fund in the treasury of | ||
the county in which the offense occurred. | ||
(3) A county to which this subsection applies may use | ||
money in the fund only to reimburse a property owner in the county | ||
for all or any portion of damages to a gate or fence located on | ||
property owned by the person if: | ||
(A) the property is located in the county; and | ||
(B) the damage was the result of the commission | ||
of an offense listed in Subdivision (1). | ||
(4) A county to which this subsection applies may | ||
require a property owner to submit an application and provide | ||
information requested by the county in order to be eligible for | ||
reimbursement under this subsection. | ||
SECTION 2. Article 18.18, Code of Criminal Procedure, is | ||
amended by amending Subsections (f) and (g) and adding Subsection | ||
(f-1) to read as follows: | ||
(f) If a person timely appears to show cause why the | ||
property or proceeds should not be destroyed or forfeited, the | ||
magistrate shall conduct a hearing on the issue and determine the | ||
nature of property or proceeds and the person's interest | ||
therein. Unless the person proves by a preponderance of the | ||
evidence that the property or proceeds is not gambling equipment, | ||
altered gambling equipment, gambling paraphernalia, gambling | ||
device, gambling proceeds, prohibited weapon, obscene device or | ||
material, child pornography, criminal instrument, scanning device | ||
or re-encoder, or dog-fighting equipment and that the person [ |
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is entitled to possession, the magistrate shall dispose of the | ||
property or proceeds in accordance with Subsection [ |
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or, if applicable, Subsection (f-1) [ |
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(f-1)(1) This subsection applies only to a county with a | ||
population of: | ||
(A) 40,000 or more but less than 41,000; | ||
(B) 32,000 or more but less than 32,300; | ||
(C) 31,000 or more but less than 32,000; | ||
(D) 22,000 or more but less than 22,150; | ||
(E) 11,000 or more but less than 11,600; | ||
(F) 650 or more but less than 800; | ||
(G) 300 or more but less than 600; or | ||
(H) less than 8,000 and that is adjacent to a | ||
county described by Paragraph (G). | ||
(2) If the property is used in an offense under Section | ||
20.05 or 38.04, Penal Code, or any offense under Chapter 20A, Penal | ||
Code, and the property is a motor vehicle, the magistrate shall | ||
order the property be delivered to the purchasing agent of the | ||
county in which the offense occurred, or the sheriff of the county | ||
if the county has no purchasing agent. The county purchasing agent | ||
or sheriff shall sell the property and deposit the sale proceeds, | ||
after deducting the reasonable expense of keeping and disposing of | ||
the property, in a fund in the treasury of the county in which the | ||
offense occurred. When offering the property for sale, if the | ||
purchasing agent or sheriff considers any bid to be insufficient, | ||
the agent or sheriff may decline the bid and reoffer the property | ||
for sale. | ||
(3) Any proceeds or money seized under this article | ||
shall be deposited in a fund described by Subdivision (2) in the | ||
county in which the offense occurred. | ||
(4) A county may use money in the fund described by | ||
Subdivision (2) only to reimburse a property owner in the county for | ||
all or any portion of damages to a gate or fence located on property | ||
owned by the person if: | ||
(A) the property is located in the county; and | ||
(B) the damage was the result of an offense under | ||
Section 20.05 or 38.04, Penal Code, or any offense under Chapter | ||
20A, Penal Code. | ||
(5) A county may require a property owner to submit an | ||
application and provide information requested by the county in | ||
order to be eligible for reimbursement under Subdivision (4). | ||
(g) For purposes of this article: | ||
(1) "criminal instrument" has the meaning defined in | ||
the Penal Code; | ||
(2) "gambling device or equipment, altered gambling | ||
equipment or gambling paraphernalia" has the meaning defined in the | ||
Penal Code; | ||
(3) "prohibited weapon" has the meaning defined in the | ||
Penal Code; | ||
(4) "dog-fighting equipment" means: | ||
(A) equipment used for training or handling a | ||
fighting dog, including a harness, treadmill, cage, decoy, pen, | ||
house for keeping a fighting dog, feeding apparatus, or training | ||
pen; | ||
(B) equipment used for transporting a fighting | ||
dog, including any automobile, or other vehicle, and its | ||
appurtenances which are intended to be used as a vehicle for | ||
transporting a fighting dog; | ||
(C) equipment used to promote or advertise an | ||
exhibition of dog fighting, including a printing press or similar | ||
equipment, paper, ink, or photography equipment; or | ||
(D) a dog trained, being trained, or intended to | ||
be used to fight with another dog; | ||
(5) "obscene device" and "obscene" have the meanings | ||
assigned by Section 43.21, Penal Code; | ||
(6) "re-encoder" has the meaning assigned by Section | ||
522.001, Business & Commerce Code; | ||
(7) "scanning device" has the meaning assigned by | ||
Section 522.001, Business & Commerce Code; [ |
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(8) "obscene material" and "child pornography" | ||
include digital images and the media and equipment on which those | ||
images are stored; and | ||
(9) "motor vehicle" has the meaning assigned by | ||
Section 501.002, Transportation Code. | ||
SECTION 3. Section 19, Article 42.12, Code of Criminal | ||
Procedure, is amended by adding Subsection (h) to read as follows: | ||
(h)(1) This subsection applies only to a county with a | ||
population of: | ||
(A) 40,000 or more but less than 41,000; | ||
(B) 32,000 or more but less than 32,300; | ||
(C) 31,000 or more but less than 32,000; | ||
(D) 22,000 or more but less than 22,150; | ||
(E) 11,000 or more but less than 11,600; | ||
(F) 650 or more but less than 800; | ||
(G) 300 or more but less than 600; or | ||
(H) less than 8,000 and that is adjacent to a | ||
county described by Paragraph (G). | ||
(2) If a judge grants community supervision to a | ||
defendant convicted of an offense under Section 20.05 or 38.04, | ||
Penal Code, or any offense under Chapter 20A, Penal Code, that | ||
occurred in a county to which this subsection applies, the judge may | ||
require the defendant to pay a fee of $15. The judge shall deposit | ||
any fee received under this subsection in the fund described by | ||
Article 18.17(k) in the treasury of the county in which the offense | ||
occurred, to be used as provided by that article. | ||
SECTION 4. 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; [ |
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(18) costs attendant to convictions under Chapter 49, | ||
Penal Code, and under Chapter 481, Health and Safety Code, to help | ||
fund drug court programs established under Chapter 469, Health and | ||
Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $60; | ||
and | ||
(19) a fee to reimburse property owners in certain | ||
counties for damage resulting from an offense under Section 20.05 | ||
or 38.04, Penal Code, or any offense under Chapter 20A, Penal Code | ||
(Sec. 19(h), Art. 42.12, Code of Criminal Procedure) . . . $15. | ||
SECTION 5. Section 19(h), Article 42.12, Code of Criminal | ||
Procedure, as added by this Act, applies only to a defendant | ||
initially placed on community supervision on or after the effective | ||
date of this Act. A defendant initially placed on community | ||
supervision before the effective date of this Act is governed by the | ||
law in effect immediately before the effective date of this Act, and | ||
the former law is continued in effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2013. |