Bill Text: TX SB285 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to court jurisdiction and procedures for truancy.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2015-01-28 - Referred to Criminal Justice [SB285 Detail]

Download: Texas-2015-SB285-Introduced.html

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84R2288 MK-D
By: West S.B. No. 285

A BILL TO BE ENTITLED
AN ACT
relating to court jurisdiction and procedures for truancy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 4.14(g), Code of Criminal Procedure, is
amended to read as follows:
(g) A municipality may enter into an agreement with a
contiguous municipality or a municipality with boundaries that are
within one-half mile of the municipality seeking to enter into the
agreement to establish concurrent jurisdiction of the municipal
courts in the municipalities and provide original jurisdiction to a
municipal court in which a case is brought as if the municipal court
were located in the municipality in which the case arose, for:
(1) all cases in which either municipality has
jurisdiction under Subsection (a); and
(2) cases that arise under Section 821.022, Health and
Safety Code, or Section 51.03(b)(2), Family Code [25.094, Education
Code].
SECTION 2. Article 45.0216(g), Code of Criminal Procedure,
is amended to read as follows:
(g) This article does not apply to any offense otherwise
covered by:
(1) Chapter 106, Alcoholic Beverage Code; or
(2) Chapter 161, Health and Safety Code[; or
[(3) Section 25.094, Education Code].
SECTION 3. Article 102.014(d), Code of Criminal Procedure,
is amended to read as follows:
(d) A person convicted of an offense under Section 25.093
[or 25.094], Education Code, shall pay as taxable court costs $20 in
addition to other taxable court costs. The additional court costs
under this subsection shall be collected in the same manner that
other fines and taxable court costs in the case are collected.
SECTION 4. (a) Section 7.111(a), Education Code, as amended
by Chapters 339 (H.B. 2058) and 1217 (S.B. 1536), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted to read as
follows:
(a) The board shall provide for the administration of high
school equivalency examinations.
(b) Section 7.111(a-1), Education Code, is amended to
conform to the amendment of Section 7.111(a), Education Code, by
Chapter 1217 (S.B. 1536), Acts of the 83rd Legislature, Regular
Session, 2013, and is further amended to read as follows:
(a-1) A person who does not have a high school diploma may
take the examination in accordance with rules adopted by the board
if the person is:
(1) over 17 years of age;
(2) 16 years of age or older and:
(A) is enrolled in a Job Corps training program
under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
et seq.), and its subsequent amendments;
(B) a public agency providing supervision of the
person or having custody of the person under a court order
recommends that the person take the examination; or
(C) is enrolled in the Texas Military
Department's [adjutant general's department's] Seaborne ChalleNGe
Corps; or
(3) required to take the examination under a court
order issued under Section 54.0492(a)(1)(C), Family Code.
SECTION 5. Section 25.085(f), Education Code, is amended to
read as follows:
(f) The board of trustees of a school district may adopt a
policy requiring a person described by Subsection (e) who is under
21 years of age to attend school until the end of the school year.
[Section 25.094 applies to a person subject to a policy adopted
under this subsection.] Sections 25.093 and 25.095 do not apply to
the parent of a person subject to a policy adopted under this
subsection.
SECTION 6. Sections 25.091(a) and (b), Education Code, are
amended to read as follows:
(a) A peace officer serving as an attendance officer has the
following powers and duties concerning enforcement of compulsory
school attendance requirements:
(1) to investigate each case of a violation of
compulsory school attendance requirements referred to the peace
officer;
(2) to enforce compulsory school attendance
requirements by:
(A) applying truancy prevention measures adopted
under Section 25.0915 to the student; and
(B) if the truancy prevention measures fail to
meaningfully address the student's conduct:
(i) referring the student to a juvenile
court or filing a complaint against the student in a county,
justice, or municipal court if the student has unexcused absences
for the amount of time specified under [Section 25.094 or under]
Section 51.03(b)(2), Family Code; or
(ii) filing a complaint in a county,
justice, or municipal court against a parent who violates Section
25.093;
(3) to serve court-ordered legal process;
(4) to review school attendance records for compliance
by each student investigated by the officer;
(5) to maintain an investigative record on each
compulsory school attendance requirement violation and related
court action and, at the request of a court, the board of trustees
of a school district, or the commissioner, to provide a record to
the individual or entity requesting the record;
(6) to make a home visit or otherwise contact the
parent of a student who is in violation of compulsory school
attendance requirements, except that a peace officer may not enter
a residence without the permission of the parent of a student
required under this subchapter to attend school or of the tenant or
owner of the residence except to lawfully serve court-ordered legal
process on the parent; and
(7) to take a student into custody with the permission
of the student's parent or in obedience to a court-ordered legal
process.
(b) An attendance officer employed by a school district who
is not commissioned as a peace officer has the following powers and
duties with respect to enforcement of compulsory school attendance
requirements:
(1) to investigate each case of a violation of the
compulsory school attendance requirements referred to the
attendance officer;
(2) to enforce compulsory school attendance
requirements by:
(A) applying truancy prevention measures adopted
under Section 25.0915 to the student; and
(B) if the truancy prevention measures fail to
meaningfully address the student's conduct:
(i) referring the student to a juvenile
court or filing a complaint against the student in a county,
justice, or municipal court if the student has unexcused absences
for the amount of time specified under [Section 25.094 or under]
Section 51.03(b)(2), Family Code; and
(ii) filing a complaint in a county,
justice, or municipal court against a parent who violates Section
25.093;
(3) to monitor school attendance compliance by each
student investigated by the officer;
(4) to maintain an investigative record on each
compulsory school attendance requirement violation and related
court action and, at the request of a court, the board of trustees
of a school district, or the commissioner, to provide a record to
the individual or entity requesting the record;
(5) to make a home visit or otherwise contact the
parent of a student who is in violation of compulsory school
attendance requirements, except that the attendance officer may not
enter a residence without permission of the parent or of the owner
or tenant of the residence;
(6) at the request of a parent, to escort a student
from any location to a school campus to ensure the student's
compliance with compulsory school attendance requirements; and
(7) if the attendance officer has or is informed of a
court-ordered legal process directing that a student be taken into
custody and the school district employing the officer does not
employ its own police department, to contact the sheriff,
constable, or any peace officer to request that the student be taken
into custody and processed according to the legal process.
SECTION 7. Sections 25.0915(a) and (b), Education Code, are
amended to read as follows:
(a) A school district shall adopt truancy prevention
measures designed to:
(1) address student conduct related to truancy in the
school setting; and
(2) minimize the need for referrals to juvenile court
for conduct described by Section 51.03(b)(2), Family Code[; and
[(3) minimize the filing of complaints in county,
justice, and municipal courts alleging a violation of Section
25.094].
(b) Each referral to juvenile court for conduct described by
Section 51.03(b)(2), Family Code, [or complaint filed in county,
justice, or municipal court alleging a violation by a student of
Section 25.094] must:
(1) be accompanied by a statement from the student's
school certifying that:
(A) the school applied the truancy prevention
measures adopted under Subsection (a) to the student; and
(B) the truancy prevention measures failed to
meaningfully address the student's school attendance; and
(2) specify whether the student is eligible for or
receives special education services under Subchapter A, Chapter 29.
SECTION 8. Section 25.093(a), Education Code, is amended to
read as follows:
(a) If a warning is issued as required by Section 25.095(a),
the parent with criminal negligence fails to require the child to
attend school as required by law, and the child has absences for the
amount of time specified under Section 51.03(b)(2), Family Code
[25.094], the parent commits an offense.
SECTION 9. Sections 25.095(a) and (c), Education Code, are
amended to read as follows:
(a) A school district or open-enrollment charter school
shall notify a student's parent in writing at the beginning of the
school year that if the student is absent from school on 10 or more
days or parts of days within a six-month period in the same school
year or on three or more days or parts of days within a four-week
period:
(1) the student's parent is subject to prosecution
under Section 25.093; and
(2) the student is subject to [prosecution under
Section 25.094 or to] referral to a juvenile court [in a county with
a population of less than 100,000] for conduct indicating a need for
supervision under Section 51.03(b)(2), Family Code [that violates
that section].
(c) The fact that a parent did not receive a notice under
Subsection (a) or (b) does not create a defense [to prosecution]
under Section 25.093 or Section 51.03(b)(2), Family Code [25.094].
SECTION 10. Sections 25.0951(a), (b), and (c), Education
Code, are amended to read as follows:
(a) If a student fails to attend school without excuse on 10
or more days or parts of days within a six-month period in the same
school year, a school district shall within 10 school days of the
student's 10th absence[:
[(1) file a complaint against the student or the
student's parent or both in a county, justice, or municipal court
for an offense under Section 25.093 or 25.094, as appropriate, or
refer the student to a juvenile court in a county with a population
of less than 100,000 for conduct that violates Section 25.094; or
[(2)] refer the student to a juvenile court for
conduct indicating a need for supervision under Section
51.03(b)(2), Family Code.
(b) If a student fails to attend school without excuse on
three or more days or parts of days within a four-week period but
does not fail to attend school for the time described by Subsection
(a), the school district may[:
[(1) file a complaint against the student or the
student's parent or both in a county, justice, or municipal court
for an offense under Section 25.093 or 25.094, as appropriate, or
refer the student to a juvenile court in a county with a population
of less than 100,000 for conduct that violates Section 25.094; or
[(2)] refer the student to a juvenile court for
conduct indicating a need for supervision under Section
51.03(b)(2), Family Code.
(c) If a student fails to attend school without excuse as
specified by Subsection (a) or (b), a school district may file a
complaint against the student's parent in a county, justice, or
municipal court for an offense under Section 25.093. In this
subsection [section], "parent" includes a person standing in
parental relation.
SECTION 11. Section 25.0952, Education Code, is amended to
read as follows:
Sec. 25.0952. PROCEDURES APPLICABLE TO SCHOOL
ATTENDANCE-RELATED OFFENSES. In a proceeding based on a complaint
under Section 25.093 [or 25.094], the court shall, except as
otherwise provided by this chapter, use the procedures and exercise
the powers authorized by Chapter 45, Code of Criminal Procedure.
SECTION 12. Section 29.087(d), Education Code, is amended
to read as follows:
(d) A student is eligible to participate in a program
authorized by this section if:
(1) the student has been ordered by a court under
Section 54.0492, Family Code [Article 45.054, Code of Criminal
Procedure, as added by Chapter 1514, Acts of the 77th Legislature,
Regular Session, 2001], or by the Texas Juvenile Justice Department
[Youth Commission] to:
(A) participate in a preparatory class for the
high school equivalency examination; or
(B) take the high school equivalency examination
administered under Section 7.111; or
(2) the following conditions are satisfied:
(A) the student is at least 16 years of age at the
beginning of the school year or semester;
(B) the student is a student at risk of dropping
out of school, as defined by Section 29.081;
(C) the student and the student's parent or
guardian agree in writing to the student's participation;
(D) at least two school years have elapsed since
the student first enrolled in ninth grade and the student has
accumulated less than one third of the credits required to graduate
under the minimum graduation requirements of the district or
school; and
(E) any other conditions specified by the
commissioner.
SECTION 13. Section 51.02(15), Family Code, is amended to
read as follows:
(15) "Status offender" means a child who is accused,
adjudicated, or convicted for conduct that would not, under state
law, be a crime if committed by an adult, including:
(A) truancy under Section 51.03(b)(2);
(B) running away from home under Section
51.03(b)(3);
(C) a fineable only offense under Section
51.03(b)(1) transferred to the juvenile court under Section
51.08(b), but only if the conduct constituting the offense would
not have been criminal if engaged in by an adult;
(D) [failure to attend school under Section
25.094, Education Code;
[(E)] a violation of standards of student conduct
as described by Section 51.03(b)(5);
(E) [(F)] a violation of a juvenile curfew
ordinance or order;
(F) [(G)] a violation of a provision of the
Alcoholic Beverage Code applicable to minors only; or
(G) [(H)] a violation of any other fineable only
offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
conduct constituting the offense would not have been criminal if
engaged in by an adult.
SECTION 14. Sections 51.03(b) and (f), Family Code, are
amended to read as follows:
(b) Conduct indicating a need for supervision is:
(1) subject to Subsection (f), conduct, other than a
traffic offense, that violates:
(A) the penal laws of this state of the grade of
misdemeanor that are punishable by fine only; or
(B) the penal ordinances of any political
subdivision of this state;
(2) truancy, which is the absence of a child on 10 or
more days or parts of days within a six-month period in the same
school year or on three or more days or parts of days within a
four-week period from school;
(3) the voluntary absence of a child from the child's
home without the consent of the child's parent or guardian for a
substantial length of time or without intent to return;
(4) conduct prohibited by city ordinance or by state
law involving the inhalation of the fumes or vapors of paint and
other protective coatings or glue and other adhesives and the
volatile chemicals itemized in Section 485.001, Health and Safety
Code;
(5) an act that violates a school district's
previously communicated written standards of student conduct for
which the child has been expelled under Section 37.007(c),
Education Code;
(6) conduct that violates a reasonable and lawful
order of a court entered under Section 264.305;
(7) notwithstanding Subsection (a)(1), conduct
described by Section 43.02(a)(1) or (2), Penal Code; or
(8) notwithstanding Subsection (a)(1), conduct that
violates Section 43.261, Penal Code.
(f) Conduct [Except as provided by Subsection (g), conduct]
described under Subsection (b)(1) does not constitute conduct
indicating a need for supervision unless the child has been
referred to the juvenile court under Section 51.08(b).
SECTION 15. Section 51.04, Family Code, is amended by
amending Subsections (b) and (h) and adding Subsection (j) to read
as follows:
(b) In each county, the county's juvenile board shall
designate one or more district, criminal district, domestic
relations, juvenile, or county courts or county courts at law as the
juvenile court, subject to Subsections (c), (d), [and] (i), and
(j).
(h) In a county with a population of less than 100,000, the
juvenile court has concurrent jurisdiction with the justice and
municipal courts over conduct engaged in by a child that violates
Section 51.03(b)(2) [25.094, Education Code].
(j) In a county with a population of 1.75 million or more, a
county, justice, or municipal court is designated as a juvenile
court to make determinations under Section 51.03(b)(2).
SECTION 16. Section 51.10, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) A child may not be represented by an attorney in
truancy proceedings under Section 51.03(b)(2).
SECTION 17. Section 54.041(f), Family Code, is amended to
read as follows:
(f) If a child is found to have engaged in conduct
indicating a need for supervision described under Section
51.03(b)(2) [or (g)], the court may order the child's parents or
guardians to attend a program described by Section 25.093(f),
Education Code, if a program is available.
SECTION 18. Chapter 54, Family Code, is amended by adding
Section 54.0492 to read as follows:
Sec. 54.0492. REMEDIES IN TRUANCY CASES. (a) On a finding
that an individual has engaged in conduct indicating a need for
supervision under Section 51.03(b)(2), the court may enter an
order that includes one or more of the following provisions
requiring that:
(1) the individual:
(A) attend school without unexcused absences;
(B) attend a preparatory class for the high
school equivalency examination administered under Section 7.111,
Education Code, if the court determines that the individual is
unlikely to do well in a formal classroom environment due to the
individual's age; or
(C) if the individual is at least 16 years of age,
take the high school equivalency examination administered under
Section 7.111, Education Code;
(2) the individual attend a special program that the
court determines to be in the best interest of the individual,
including:
(A) an alcohol and drug abuse program;
(B) a rehabilitation program;
(C) a counseling program, including
self-improvement counseling;
(D) a program that provides training in
self-esteem and leadership;
(E) a work and job skills training program;
(F) a program that provides training in
parenting, including parental responsibility;
(G) a program that provides training in manners;
(H) a program that provides training in violence
avoidance;
(I) a program that provides sensitivity
training; or
(J) a program that provides training in advocacy
and mentoring;
(3) the individual and the individual's parent attend
a class for students at risk of dropping out of school designed for
both the individual and the individual's parent;
(4) the individual complete reasonable community
service requirements; or
(5) for the number of hours ordered by the court, the
individual participate in a tutorial program:
(A) covering the academic subjects in which the
student is enrolled; and
(B) provided by the school the individual
attends.
(b) An order under Subsection (a) may not require a student
to attend a juvenile justice alternative education program.
(c) An order under Subsection (a)(3) that requires the
parent of an individual to attend a class for students at risk of
dropping out of school is enforceable by contempt.
(d) The court shall endorse on the summons issued to the
parent of the individual who is the subject of the hearing an order
directing the parent to appear personally at the hearing and
directing the person having custody of the individual to bring the
individual to the hearing.
(e) A parent who fails to attend a hearing under this
section after receiving notice of a summons under Subsection (d)
commits an offense. An offense under this subsection is a Class C
misdemeanor.
(f) In addition to any other order authorized by this
section, the court may order the Department of Public Safety to
suspend the driver's license or permit of the individual who is the
subject of the hearing or, if the individual does not have a license
or permit, to deny the issuance of a license or permit to the
individual for a period specified by the court not to exceed 365
days.
(g) A dispositional order under this section is effective
for the period specified by the court in the order but may not
extend beyond the 180th day after the date of the order or beyond
the end of the school year in which the order was entered, whichever
period is longer.
(h) In this section, "parent" includes a person standing in
parental relation.
(i) A court shall dismiss the petition or complaint against
an individual if:
(1) the court finds that the individual has
successfully complied with the conditions imposed on the individual
by the court under this section; or
(2) the individual presents to the court proof that
the individual has obtained a high school diploma or a high school
equivalency certificate.
(j) A county, justice, or municipal court may waive or
reduce a fee or court cost imposed under this section if the court
finds that payment of the fee or court cost would cause financial
hardship.
SECTION 19. Section 58.106(a), Family Code, is amended to
read as follows:
(a) Except as otherwise provided by this section,
information contained in the juvenile justice information system is
confidential information for the use of the department and may not
be disseminated by the department except:
(1) with the permission of the juvenile offender, to
military personnel of this state or the United States;
(2) to a person or entity to which the department may
grant access to adult criminal history records as provided by
Section 411.083, Government Code;
(3) to a juvenile justice agency;
(4) to the Texas Juvenile Justice Department [Youth
Commission and the Texas Juvenile Probation Commission] for
analytical purposes;
(5) to the office of independent ombudsman of the
Texas Juvenile Justice Department [Youth Commission]; and
(6) to a county, justice, or municipal court
exercising jurisdiction over a juvenile, including a court
exercising jurisdiction over a juvenile under Section 51.04(j)
[54.021].
SECTION 20. Section 26.045(d), Government Code, is amended
to read as follows:
(d) A county court in a county with a population of 1.75
million or more has original jurisdiction over cases alleging a
violation of Section 25.093 [or 25.094], Education Code.
SECTION 21. Section 29.003(i), Government Code, is amended
to read as follows:
(i) A municipality may enter into an agreement with a
contiguous municipality or a municipality with boundaries that are
within one-half mile of the municipality seeking to enter into the
agreement to establish concurrent jurisdiction of the municipal
courts in the municipalities and provide original jurisdiction to a
municipal court in which a case is brought as if the municipal court
were located in the municipality in which the case arose, for:
(1) all cases in which either municipality has
jurisdiction under Subsection (a); and
(2) cases that arise under Section 821.022, Health and
Safety Code, or Section 51.03(b)(2), Family Code [25.094, Education
Code].
SECTION 22. Section 54.1172(a), Government Code, is amended
to read as follows:
(a) The county judge may appoint one or more part-time or
full-time magistrates to hear a matter alleging a violation of
Section 25.093 [or 25.094], Education Code, or 51.03(b)(2), Family
Code.
SECTION 23. Section 54.1952(a), Government Code, is amended
to read as follows:
(a) The county judge may appoint one or more part-time or
full-time magistrates to hear a matter alleging a violation of
Section 25.093 [or 25.094], Education Code, or a truancy case under
Section 51.03(b)(2), Family Code, referred to the magistrate by a
court having jurisdiction over the matter.
SECTION 24. Section 54.1955, Government Code, is amended to
read as follows:
Sec. 54.1955. POWERS. (a) Except as limited by an order of
the county judge, a magistrate appointed under this subchapter may:
(1) conduct hearings;
(2) hear evidence;
(3) issue summons for the appearance of witnesses;
(4) examine witnesses;
(5) swear witnesses for hearings;
(6) recommend rulings or orders or a judgment in a
case;
(7) regulate proceedings in a hearing;
(8) accept a plea of guilty or nolo contendere in a
case alleging a violation of Section 25.093 [or 25.094], Education
Code, and assess a fine or court costs or order community service in
satisfaction of a fine or costs in accordance with Article 45.049,
Code of Criminal Procedure;
(9) for a violation of Section 25.093, Education Code,
enter an order suspending a sentence or deferring a final
disposition that includes at least one of the requirements listed
in Article 45.051, Code of Criminal Procedure;
(10) for an uncontested adjudication of conduct
indicating a need for supervision under Section 51.03(b)(2), Family
Code, accept a plea to the petition or a stipulation of evidence,
and enter a disposition, defer adjudication, or take any other
action authorized under Chapter 54, Family Code; and
(11) perform any act and take any measure necessary
and proper for the efficient performance of the duties required by
the referral order, including the entry of an order that includes at
least one of the requirements in Section 54.0492, Family Code
[Article 45.054, Code of Criminal Procedure; and
[(11) if the magistrate finds that a child as defined
by Article 45.058, Code of Criminal Procedure, has violated an
order under Article 45.054, Code of Criminal Procedure, proceed as
authorized by Article 45.050, Code of Criminal Procedure].
(b) With respect to an issue of law or fact the ruling on
which could result in the dismissal of a prosecution under Section
25.093 [or 25.094], Education Code, or a truancy case under Section
51.03(b)(2), Family Code, a magistrate may not rule on the issue but
may make findings, conclusions, and recommendations on the issue.
SECTION 25. Section 54.1956, Government Code, is amended to
read as follows:
Sec. 54.1956. NOT GUILTY PLEA ENTERED OR DENIAL OF ALLEGED
CONDUCT. (a) On entry of a not guilty plea for a violation of
Section 25.093, Education Code, the magistrate shall refer the case
back to the referring court for all further pretrial proceedings
and a full trial on the merits before the court or a jury.
(b) On denial by a child of conduct described by Section
57.03(b)(2), Family Code, the magistrate shall refer the case to
the appropriate juvenile court for adjudication.
SECTION 26. Section 71.0352, Government Code, is amended to
read as follows:
Sec. 71.0352. JUVENILE DATE: JUSTICE, MUNICIPAL, AND
JUVENILE COURTS. As a component of the official monthly report
submitted to the Office of Court Administration of the Texas
Judicial System:
(1) justice and municipal courts shall report the
number of cases filed for [the following offenses]:
(A) conduct indicating a need for supervision
under Section 51.03(b)(2), Family Code [failure to attend school
under Section 25.094, Education Code];
(B) parent contributing to nonattendance under
Section 25.093, Education Code; and
(C) violation of a local daytime curfew ordinance
adopted under Section 341.905 or 351.903, Local Government Code;
and
(2) in cases in which a child fails to obey an order of
a justice or municipal court under circumstances that would
constitute contempt of court, the justice or municipal court shall
report the number of incidents in which the child is:
(A) referred to the appropriate juvenile court
for delinquent conduct as provided by Article 45.050(c)(1), Code of
Criminal Procedure, and Section 51.03(a)(2), Family Code; or
(B) held in contempt, fined, or denied driving
privileges as provided by Article 45.050(c)(2), Code of Criminal
Procedure.
SECTION 27. 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 parent contributing
to student nonattendance [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; and
(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 122, 123, 124,
or 125, Government Code, or former law (Art. 102.0178, Code of
Criminal Procedure) . . . $60.
SECTION 28. 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
(Art. 42.12, 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 (Art. 42.12, Code of Criminal
Procedure) . . . not to exceed $50;
(7) children's advocacy center fee (Art. 42.12, Code
of Criminal Procedure) . . . not to exceed $50;
(8) family violence center fee (Art. 42.12, Code of
Criminal Procedure) . . . $100;
(9) community supervision fee (Art. 42.12, Code of
Criminal Procedure) . . . not less than $25 or more than $60 per
month;
(10) additional community supervision fee for certain
offenses (Art. 42.12, 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 (Art. 42.12, 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;
[(20-b) a fee to defray the cost of notifying state
agencies of orders of expunction (Art. 45.055, 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) . . . $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; and
(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.
SECTION 29. The following laws are repealed:
(1) Articles 45.054 and 45.055, Code of Criminal
Procedure;
(2) Section 25.094, Education Code; and
(3) Sections 51.03(g), 51.08(e), and 54.021, Family
Code.
SECTION 30. The changes in law made by this Act apply only
to an offense committed or conduct that occurs on or after the
effective date of this Act. An offense committed or conduct that
occurs before the effective date of this Act is governed by the law
in effect on the date the offense was committed or the conduct
occurred, and the former law is continued in effect for that
purpose. For purposes of this section, an offense is committed or
conduct occurs before the effective date of this Act if any element
of the offense or conduct occurs before the effective date.
SECTION 31. To the extent of any conflict, this Act prevails
over another Act of the 84th Legislature, Regular Session, 2015,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 32. This Act takes effect September 1, 2015.