Bill Text: TX SB2106 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to authorizing a fee for certain pretrial intervention programs.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2017-03-28 - Referred to Criminal Justice [SB2106 Detail]

Download: Texas-2017-SB2106-Introduced.html

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85R5647 LHC-D
By: Menéndez S.B. No. 2106

A BILL TO BE ENTITLED
AN ACT
relating to authorizing a fee for certain pretrial intervention
programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.0111 to read as
follows:
Art. 102.0111. FEES FOR PRETRIAL INTERVENTION PROGRAMS:
COUNTY PRETRIAL SERVICES OFFICE. A county pretrial services office
may collect a supervision fee in an amount not to exceed $60 per
month from a defendant participating in a pretrial intervention
program operated by that office. The defendant may be required to
pay the fee under this subsection as a condition of participating in
the program.
SECTION 2. The heading to Article 102.012, Code of Criminal
Procedure, is amended to read as follows:
Art. 102.012. FEES FOR PRETRIAL INTERVENTION PROGRAMS:
COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT.
SECTION 3. Article 103.004, Code of Criminal Procedure, is
amended by adding Subsection (e) to read as follows:
(e) The custodian of the county treasury shall deposit money
received from fees imposed under Article 102.0111 in a special fund
of the county treasury for the county pretrial services office
serving the county.
SECTION 4. 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) . . . 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:
(i) if the program is operated by a county
pretrial services office (Art. 102.0111, Code of Criminal
Procedure). . . not to exceed $60 a month; or
(ii) if the program is operated by a
community supervision and corrections department (Art. 102.012
[102.012(a)], Code of Criminal Procedure) . . . $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 5. The change in law made by this Act applies only
to a defendant who participates in a pretrial intervention program
that begins on or after the effective date of this Act. A defendant
who participates in a pretrial intervention program that begins
before the effective date of this Act is governed by the law in
effect when the program began, and the former law is continued in
effect for that purpose.
SECTION 6. This Act takes effect September 1, 2017.