Bill Text: TX SB1582 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to community supervision in this state and the waiver or modification of certain fees, fines, and costs imposed on certain defendants; changing fees applicable to community supervision or a defendant's participation in certain programs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-03-21 - Referred to Criminal Justice [SB1582 Detail]

Download: Texas-2017-SB1582-Introduced.html

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85R11879 MAW-D
By: Garcia S.B. No. 1582

A BILL TO BE ENTITLED
AN ACT
relating to community supervision in this state and the waiver or
modification of certain fees, fines, and costs imposed on certain
defendants; changing fees applicable to community supervision or a
defendant's participation in certain programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.304, Code of Criminal Procedure, is
amended by amending Subsection (c) and adding Subsections (h) and
(i) to read as follows:
(c) A defendant required or allowed to perform community
service under this article is not a state employee for the purposes
of Chapter 501 or 504, Labor Code.
(h) Each hour that a defendant required to perform community
service under this article spends participating in a
rehabilitative, educational, or vocational program satisfies one
hour of required community service if the judge determines that the
defendant's participation in the program tends to mitigate a risk
factor identified by a risk and needs assessment of the defendant.
(i) If a defendant is unable to pay, as ordered under this
chapter, community supervision fees, fines, or court costs or the
costs of legal services as described by Article 42A.301(11), the
judge shall allow the defendant to discharge, at the rate provided
by Article 43.09(k), all or part of the fees, fines, or costs by
performing community service.
SECTION 2. Article 42A.652, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Except as otherwise provided by this article, a judge
who grants community supervision to a defendant shall set a fee in
the applicable amount according to the schedule adopted under
Section 509.018, Government Code, [of not less than $25 and not more
than $60] to be paid each month during the period of community
supervision by the defendant to:
(1) the court of original jurisdiction; or
(2) the court accepting jurisdiction of the
defendant's case, if jurisdiction is transferred under Article
42A.151.
(a-1) A judge who grants community supervision or the judge
of the court accepting jurisdiction of a defendant's case under
Article 42A.151 may adjust the fee required to be paid under
Subsection (a) as necessary based on changes to any of the factors
listed in Section 509.018, Government Code, used in the setting of
the initial fee.
SECTION 3. Article 42A.751, Code of Criminal Procedure, is
amended by amending Subsection (i) and adding Subsection (i-1) to
read as follows:
(i) The court may not revoke a defendant's community
supervision or extend a defendant's period of community supervision
based solely on the defendant's failure [In a revocation hearing at
which it is alleged only that the defendant violated the conditions
of community supervision by failing] to pay [compensation paid to
appointed counsel,] community supervision fees, fines, or court
costs or to pay the costs of legal services as described by Article
42A.301(11), unless the court determines that:
(1) the defendant was able to pay and did not pay as
ordered; or
(2) the defendant:
(A) is unable to pay; and
(B) could have discharged the amount under
Article 42A.304(i) without experiencing any undue hardship but
failed to make a good faith effort to do so.
(i-1) For purposes of Subsection (i)(1), the state must
prove by a preponderance of the evidence that the defendant was able
to pay and did not pay as ordered by the judge.
SECTION 4. Article 43.091, Code of Criminal Procedure, is
amended to read as follows:
Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR
INDIGENT DEFENDANTS AND FOR CHILDREN. A court shall waive payment
of costs and may waive payment of a fine [or cost] imposed on a
defendant [who defaults in payment] if the court determines that:
(1) the defendant is indigent or was, at the time the
offense was committed, a child as defined by Article 45.058(h); and
(2) each alternative method of discharging the fine or
cost under Article 43.09 or 42.15 would impose an undue hardship on
the defendant.
SECTION 5. Article 102.012(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A court that authorizes a defendant to participate in a
pretrial intervention program established under Section 76.011,
Government Code, may order the defendant to pay to the court a
monthly supervision fee in the applicable [an] amount according to
the schedule adopted under Section 509.018, Government Code, [not
more than $60 per month] as a condition of participating in the
program.
SECTION 6. Section 76.015(c), Government Code, is amended
to read as follows:
(c) A department may assess a monthly [a reasonable]
administrative fee in the applicable amount according to the
schedule adopted under Section 509.018 [of not less than $25 and not
more than $60 per month] on an individual who participates in a
program operated by the department or receives services from the
department and who is not paying a monthly fee under Article
42A.652, Code of Criminal Procedure.
SECTION 7. Section 103.021, Government Code, is amended to
read as follows:
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
or a party to a civil suit, as applicable, shall pay the following
fees and costs under the Code of Criminal Procedure if ordered by
the court or otherwise required:
(1) a personal bond fee (Art. 17.42, Code of Criminal
Procedure) . . . the greater of $20 or three percent of the amount
of the bail fixed for the accused;
(2) cost of electronic monitoring as a condition of
release on personal bond (Art. 17.43, Code of Criminal Procedure)
. . . actual cost;
(3) a fee for verification of and monitoring of motor
vehicle ignition interlock (Art. 17.441, Code of Criminal
Procedure) . . . not to exceed $10;
(3-a) costs associated with operating a global
positioning monitoring system as a condition of release on bond
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
subject to a determination of indigency;
(3-b) costs associated with providing a defendant's
victim with an electronic receptor device as a condition of the
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
Procedure) . . . actual costs, subject to a determination of
indigency;
(4) repayment of reward paid by a crime stoppers
organization on conviction of a felony (Art. 37.073, Code of
Criminal Procedure) . . . amount ordered;
(5) reimbursement to general revenue fund for payments
made to victim of an offense as condition of community supervision
(Chapter 42A, Code of Criminal Procedure) . . . not to exceed $50
for a misdemeanor offense or $100 for a felony offense;
(6) payment to a crime stoppers organization as
condition of community supervision (Chapter 42A, Code of Criminal
Procedure) . . . not to exceed $50;
(7) children's advocacy center fee (Chapter 42A, Code
of Criminal Procedure) . . . not to exceed $50;
(8) family violence center fee (Chapter 42A, Code of
Criminal Procedure) . . . $100;
(9) community supervision fee (Chapter 42A, Code of
Criminal Procedure) . . . amount ordered [not less than $25 or more
than $60 per month];
(10) additional community supervision fee for certain
offenses (Chapter 42A, Code of Criminal Procedure) . . . $5 per
month;
(11) for certain financially able sex offenders as a
condition of community supervision, the costs of treatment,
specialized supervision, or rehabilitation (Chapter 42A, Code of
Criminal Procedure) . . . all or part of the reasonable and
necessary costs of the treatment, supervision, or rehabilitation as
determined by the judge;
(12) fee for failure to appear for trial in a justice
or municipal court if a jury trial is not waived (Art. 45.026, Code
of Criminal Procedure) . . . costs incurred for impaneling the
jury;
(13) costs of certain testing, assessments, or
programs during a deferral period (Art. 45.051, Code of Criminal
Procedure) . . . amount ordered;
(14) special expense on dismissal of certain
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
. . . not to exceed amount of fine assessed;
(15) an additional fee:
(A) for a copy of the defendant's driving record
to be requested from the Department of Public Safety by the judge
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
to the sum of the fee established by Section 521.048,
Transportation Code, and the state electronic Internet portal fee;
(B) as an administrative fee for requesting a
driving safety course or a course under the motorcycle operator
training and safety program for certain traffic offenses to cover
the cost of administering the article (Art. 45.0511(f)(1), Code of
Criminal Procedure) . . . not to exceed $10; or
(C) for requesting a driving safety course or a
course under the motorcycle operator training and safety program
before the final disposition of the case (Art. 45.0511(f)(2), Code
of Criminal Procedure) . . . not to exceed the maximum amount of the
fine for the offense committed by the defendant;
(16) a request fee for teen court program (Art.
45.052, Code of Criminal Procedure) . . . $20, if the court
ordering the fee is located in the Texas-Louisiana border region,
but otherwise not to exceed $10;
(17) a fee to cover costs of required duties of teen
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
court ordering the fee is located in the Texas-Louisiana border
region, but otherwise $10;
(18) a mileage fee for officer performing certain
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
mile;
(19) certified mailing of notice of hearing date (Art.
102.006, Code of Criminal Procedure) . . . $1, plus postage;
(20) certified mailing of certified copies of an order
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
plus postage;
(20-a) a fee to defray the cost of notifying state
agencies of orders of expungement (Art. 45.0216, Code of Criminal
Procedure) . . . $30 per application;
(21) sight orders:
(A) if the face amount of the check or sight order
does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
. . . not to exceed $10;
(B) if the face amount of the check or sight order
is greater than $10 but does not exceed $100 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $15;
(C) if the face amount of the check or sight order
is greater than $100 but does not exceed $300 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $30;
(D) if the face amount of the check or sight order
is greater than $300 but does not exceed $500 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $50; and
(E) if the face amount of the check or sight order
is greater than $500 (Art. 102.007, Code of Criminal Procedure)
. . . not to exceed $75;
(22) fees for a pretrial intervention program:
(A) a supervision fee (Art. 102.012(a), Code of
Criminal Procedure) . . . amount ordered [$60 a month plus
expenses]; and
(B) a district attorney, criminal district
attorney, or county attorney administrative fee (Art. 102.0121,
Code of Criminal Procedure) . . . not to exceed $500;
(23) parking fee violations for child safety fund in
municipalities with populations:
(A) greater than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not less than $2 and not to exceed $5; and
(B) less than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not to exceed $5;
(24) an administrative fee for collection of fines,
fees, restitution, or other costs (Art. 102.072, Code of Criminal
Procedure) . . . not to exceed $2 for each transaction;
(25) a collection fee, if authorized by the
commissioners court of a county or the governing body of a
municipality, for certain debts and accounts receivable, including
unpaid fines, fees, court costs, forfeited bonds, and restitution
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
percent of an amount more than 60 days past due; and
(26) a cost on conviction for the truancy prevention
and diversion fund (Art. 102.015, Code of Criminal Procedure) . . .
$2.
SECTION 8. Section 103.0211, Government Code, is amended to
read as follows:
Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party
to a civil suit, as applicable, shall pay the following fees and
costs under the Government Code if ordered by the court or otherwise
required:
(1) a court reporter fee when testimony is taken:
(A) in a criminal court in Dallas County (Sec.
25.0593, Government Code) . . . $3;
(B) in a county criminal court of appeals in
Dallas County (Sec. 25.0594, Government Code) . . . $3;
(C) in a county court at law in McLennan County
(Sec. 25.1572, Government Code) . . . $3; and
(D) in a county criminal court in Tarrant County
(Sec. 25.2223, Government Code) . . . $3;
(2) a court reporter service fee if the courts have
official court reporters (Sec. 51.601, Government Code) . . . $15
or, in specified counties, $30;
(3) a speedy trial rights waiver motion filing fee in
El Paso County (Sec. 54.745, Government Code) . . . $100;
(4) the costs of a criminal magistrate if the court
determines that the nonprevailing party is able to defray the
costs:
(A) in Bexar County (Sec. 54.913, Government
Code) . . . magistrate's fees;
(B) in Dallas County (Sec. 54.313, Government
Code) . . . magistrate's fees;
(C) in Lubbock County (Sec. 54.883, Government
Code) . . . magistrate's fees;
(D) in Tarrant County (Sec. 54.663, Government
Code) . . . magistrate's fees; and
(E) in Travis County (Sec. 54.983, Government
Code) . . . magistrate's fees;
(5) an administrative fee for participation in certain
community supervision programs (Sec. 76.015, Government Code)
. . . amount ordered [not less than $25 and not more than $60 per
month]; and
(6) fee paid on filing a petition for an order of
nondisclosure of criminal history record information in certain
cases (Subchapter E-1, Chapter 411, Government Code) . . . $28.
SECTION 9. Chapter 509, Government Code, is amended by
adding Section 509.018 to read as follows:
Sec. 509.018. SCHEDULE OF FEES RELATED TO SUPERVISION. (a)
The division shall adopt a fee schedule applicable to the amount of
a fee that is authorized by:
(1) Section 76.015(c); or
(2) Article 42A.652 or 102.012(a), Code of Criminal
Procedure.
(b) The fee schedule must establish the monthly fee to be
paid by a person under a provision listed in Subsection (a) and must
calculate the fee based on the person's:
(1) income;
(2) family size;
(3) regular living expenses; and
(4) other relevant factors that vary based on the
person.
(c) The division shall update the fee schedule as the
division considers necessary to reflect changes attributable to
inflation and other relevant factors.
SECTION 10. Not later than January 1, 2018, the community
justice assistance division of the Texas Department of Criminal
Justice shall adopt the fee schedule required by Section 509.018,
Government Code, as added by this Act.
SECTION 11. Article 43.091, Code of Criminal Procedure, as
amended by this Act, applies to a criminal proceeding that
commences before, on, or after the effective date of this Act.
SECTION 12. Articles 42A.304 and 42A.751, Code of Criminal
Procedure, as amended by this Act, apply to a person on community
supervision on or after the effective date of this Act, regardless
of whether the person was placed on community supervision before,
on, or after the effective date of this Act.
SECTION 13. Articles 42A.652 and 102.012(a), Code of
Criminal Procedure, and Section 76.015(c), Government Code, as
amended by this Act, apply only to a fee that is due on or after the
effective date of this Act.
SECTION 14. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 15. This Act takes effect September 1, 2017.