Bill Text: TX SB968 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to certain costs used to fund court-appointed volunteer advocate programs.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-03-22 - Co-author authorized [SB968 Detail]
Download: Texas-2011-SB968-Introduced.html
82R1989 AJZ-D | ||
By: Nelson | S.B. No. 968 |
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relating to certain costs used to fund court-appointed volunteer | ||
advocate programs. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42.015, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 42.015. FINDING OF AGE OF VICTIM. In the trial of an | ||
offense under the [ |
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enter the affirmative finding in the judgment in the case if the | ||
judge determines that the victim or intended victim was younger | ||
than 17 years of age at the time of the offense. | ||
SECTION 2. Subchapter A, Chapter 102, Code of Criminal | ||
Procedure, is amended by adding Article 102.0175 to read as | ||
follows: | ||
Art. 102.0175. COURT COSTS; COURT-APPOINTED VOLUNTEER | ||
ADVOCATE PROGRAMS. (a) In addition to other costs on conviction | ||
imposed by this chapter, on conviction of an offense for which the | ||
judgment contains an affirmative finding under Article 42.015, a | ||
person shall pay: | ||
(1) $50 for a misdemeanor offense; and | ||
(2) $100 for a felony offense. | ||
(b) For purposes of this article, a person is considered to | ||
have been convicted if: | ||
(1) a sentence is imposed; | ||
(2) the defendant receives community supervision or | ||
deferred adjudication; or | ||
(3) the court defers final disposition of the case. | ||
(c) Court costs under this article are collected in the same | ||
manner as other fines or costs. An officer collecting the costs | ||
shall keep separate records of the funds collected as costs under | ||
this article and shall deposit the funds in the county or municipal | ||
treasury, as appropriate. | ||
(d) The custodian of a county or municipal treasury shall: | ||
(1) keep records of the amount of funds on deposit | ||
collected under this article; and | ||
(2) except as provided by Subsection (e), send to the | ||
comptroller before the last day of the first month following each | ||
calendar quarter the funds collected under this article during the | ||
preceding quarter. | ||
(e) If the custodian of the county or municipal treasury | ||
complies with Subsection (d), a county or municipality is entitled | ||
to retain as a collection fee 10 percent of the amount of funds | ||
collected under this article by an officer of the county or | ||
municipality. | ||
(f) If no funds due as costs under this article are | ||
deposited in a county or municipal treasury in a calendar quarter, | ||
the custodian of the treasury shall file the report required for the | ||
quarter in the regular manner and must state that no funds were | ||
collected. | ||
(g) The comptroller shall deposit the funds received under | ||
this article to the credit of a special account in the general | ||
revenue fund to help fund the statewide organization described by | ||
Section 264.603, Family Code. The legislature may appropriate | ||
money from the account only to the attorney general's office for | ||
distribution to that organization. The attorney general's office | ||
shall ensure that money distributed under this subsection is used | ||
for a public purpose. | ||
(h) Funds collected under this article are subject to audit | ||
by the comptroller. | ||
SECTION 3. Subchapter B, Chapter 102, Government Code, is | ||
amended by adding Sections 102.0215 and 102.0216 to read as | ||
follows: | ||
Sec. 102.0215. ADDITIONAL COURT COSTS ON CONVICTION: CODE | ||
OF CRIMINAL PROCEDURE. A person convicted of a misdemeanor offense | ||
for which the judgment contains an affirmative finding under | ||
Article 42.015, Code of Criminal Procedure, shall pay a cost on | ||
conviction, in addition to all other costs, to help fund the | ||
statewide organization described by Section 264.603, Family Code | ||
. . . $50. | ||
Sec. 102.0216. ADDITIONAL COURT COSTS ON CONVICTION: CODE | ||
OF CRIMINAL PROCEDURE. A person convicted of a felony offense for | ||
which the judgment contains an affirmative finding under Article | ||
42.015, Code of Criminal Procedure, shall pay a cost on conviction, | ||
in addition to all other costs, to help fund the statewide | ||
organization described by Section 264.603, Family Code . . . $100. | ||
SECTION 4. This Act takes effect September 1, 2011. |