BILL ANALYSIS S.B. 349 By: Brown Criminal Justice 3-22-95 Committee Report (Unamended) BACKGROUND Articles 102.005 and 102.017, Code of Criminal Procedure require the clerk of the court to assess a fee for services rendered upon conviction of an offense. All state fee statutes in the code state that a conviction includes a deferred adjudication, but statutes for county fees do not provide a clear definition of conviction. Currently, there is no uniformity in the courts regarding the definition of a conviction and fees. PURPOSE As proposed, S.B. 349 describes the required fees to be charged to a defendant convicted of an offense in a county court and sets forth conditions to apply for a person to be considered convicted. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 102.005, Code of Criminal Procedure, as follows: Art. 102.005. FEES TO CLERKS. (a) Requires a convicted defendant to pay a $40 fee for services of the clerk of the court. (b) Provides that a person is considered convicted if a sentence is imposed, the person receives community supervision, or the court defers final disposition of the person's case. (c) Provides that the fee imposed in Subsection (a) is for certain clerical duties of the clerk. Deletes existing Subsection (b). (d) Provides that the fee imposed by law for issuing a certified or noncertified copy is in addition to the fee imposed by Subsection (a). Authorizes the clerk to issue a copy only if a person pays the required fee. (e)-(f) Redesignated existing Subsections (c) and (d). SECTION 2. Amends Article 102.017, Code of Criminal Procedure, to make conforming changes. SECTION 3. Amends Section 118.052, Local Government Code, to provide that the fee for certified papers for the clerk's certificate is $5, rather than $1,. Makes a conforming change. SECTION 4. Emergency clause. Effective date: 90 days after adjournment.