Bill Text: TX SB2106 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to authorizing a fee for certain pretrial intervention programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-28 - Referred to Criminal Justice [SB2106 Detail]
Download: Texas-2017-SB2106-Introduced.html
85R5647 LHC-D | ||
By: Menéndez | S.B. No. 2106 |
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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 | ||
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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. |