Bill Text: TX HB2338 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the amount of the reimbursement fee paid by a defendant for a peace officer's services in executing or processing an arrest warrant, capias, or capias pro fine.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2023-05-10 - Placed on General State Calendar [HB2338 Detail]
Download: Texas-2023-HB2338-Comm_Sub.html
| 88R612 ADM-D | ||
| By: Lopez of Cameron, Cook | H.B. No. 2338 | |
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| relating to the amount of the reimbursement fee paid by a defendant | ||
| for a peace officer's services in executing or processing an arrest | ||
| warrant, capias, or capias pro fine. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 102.011(a), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (a) A defendant convicted of a felony or a misdemeanor shall | ||
| pay the following reimbursement fees to defray the cost of the | ||
| services provided in the case by a peace officer: | ||
| (1) $5 for issuing a written notice to appear in court | ||
| following the defendant's violation of a traffic law, municipal | ||
| ordinance, or penal law of this state, or for making an arrest | ||
| without a warrant; | ||
| (2) $75 if the defendant is convicted of a felony, a | ||
| Class A misdemeanor, or a Class B misdemeanor, or $50 if the | ||
| defendant is convicted only of a Class C misdemeanor, for executing | ||
| or processing an issued arrest warrant, capias, or capias pro fine, | ||
| with the fee imposed for the services of: | ||
| (A) the law enforcement agency that executed the | ||
| arrest warrant or capias, if the agency requests of the court, not | ||
| later than the 15th day after the date of the execution of the | ||
| arrest warrant or capias, the imposition of the fee on conviction; | ||
| or | ||
| (B) the law enforcement agency that processed the | ||
| arrest warrant or capias, if: | ||
| (i) the arrest warrant or capias was not | ||
| executed; or | ||
| (ii) the executing law enforcement agency | ||
| failed to request the fee within the period required by Paragraph | ||
| (A); | ||
| (3) $5 for summoning a witness; | ||
| (4) $35 for serving a writ not otherwise listed in this | ||
| article; | ||
| (5) $10 for taking and approving a bond and, if | ||
| necessary, returning the bond to the courthouse; | ||
| (6) $5 for commitment or release; | ||
| (7) $5 for summoning a jury, if a jury is summoned; and | ||
| (8) $8 for each day's attendance of a prisoner in a | ||
| habeas corpus case if the prisoner has been remanded to custody or | ||
| held to bail. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a fee imposed for the execution or processing of an arrest | ||
| warrant, capias, or capias pro fine issued for an offense committed | ||
| on or after the effective date of this Act. A fee imposed for the | ||
| execution or processing of an arrest warrant, capias, or capias pro | ||
| fine issued for an offense committed before the effective date of | ||
| this Act is governed by the law in effect on the date 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 3. This Act takes effect September 1, 2023. | ||
