By: Harris of Dallas S.B. No. 1092
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the imposition of a bond approval fee in a criminal
1-2 case.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 17, Code of Criminal Procedure, is
1-5 amended by adding Article 17.425 to read as follows:
1-6 Art. 17.425 BOND APPROVAL FEE. (a) A person released on
1-7 bond following an arrest for a misdemeanor or a felony shall pay
1-8 $40 for the services of a peace officer for taking and approving a
1-9 bond and, if necessary, returning the bond to the courthouse.
1-10 (b) The fees collected under this article shall be deposited
1-11 in the county treasury of the collecting county. The county
1-12 commissioners court may use those fees to pay claims against the
1-13 county resulting from litigation concerning the collection of bail
1-14 bond or other criminal justice approval fees or, if no claims
1-15 against the county exist or all claims have been satisfied, for any
1-16 purpose for which money deposited to the general fund to help
1-17 defray the costs of administration of the county criminal justice
1-18 system may be used.
1-19 SECTION 2. Article 102.011(a), Code of Criminal Procedure,
1-20 is amended to read as follows:
1-21 (a) A defendant convicted of a misdemeanor shall pay the
1-22 following fees for services performed by a peace officer:
1-23 (1) $5 for issuing a written notice to appear in court
2-1 following the defendant's violation of a traffic law, municipal
2-2 ordinance, or penal law of this state, or for making an arrest
2-3 without a warrant;
2-4 (2) $35 for executing or processing an issued arrest
2-5 warrant or capias, with the fee imposed for the services of:
2-6 (A) the law enforcement agency that executed the
2-7 arrest warrant or capias, if the agency requests of the court, not
2-8 later than the 15th day after the date of execution of the arrest
2-9 warrant or capias, the imposition of the fee on conviction; or
2-10 (B) the law enforcement agency that processed
2-11 the arrest warrant or capias, if the executing law enforcement
2-12 agency failed to request the fee within the period required by
2-13 Paragraph (A) of this subdivision;
2-14 (3) $5 for summoning a witness;
2-15 (4) $35 for serving a writ not otherwise listed in
2-16 this article;
2-17 (5) <$10 for taking and approving a bond and, if
2-18 necessary, returning the bond to the courthouse;>
2-19 <(6)> $5 for commitment or release;
2-20 (6) <(7)> $5 for summoning a jury, if a jury is
2-21 summoned; and
2-22 (7) <(8)> $8 for each day's attendance of a prisoner
2-23 in a habeas corpus case if the prisoner has been remanded to
2-24 custody or held to bail.
2-25 SECTION 3. (a) The change in law made by this act applies
3-1 only to the release on bond for an arrest for an offense committed
3-2 on or after the effective date of this Act. For purposes of this
3-3 section, an offense is committed before the effective date of this
3-4 Act if any element of the offense occurs before that date.
3-5 (b) Release on bond for an arrest for an offense committed
3-6 before the effective date of this Act is governed by the law in
3-7 effect when the offense was committed, and the former law is
3-8 continued in effect for this purpose.
3-9 SECTION 4. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and that this Act take effect and
3-14 be in force from and after its passage, and it is so enacted.