By Luna H.B. No. 2537 74R5684 DD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to fees on conviction for certain drug or alcohol offenses 1-3 and to law enforcement education partnership programs for the 1-4 prevention of substance abuse. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 37, Code of Criminal Procedure, is 1-7 amended by adding Article 37.0721 to read as follows: 1-8 Art. 37.0721. LAW ENFORCEMENT EDUCATION PARTNERSHIP ACCOUNT 1-9 Sec. 1. FEES ON CONVICTION OF CERTAIN OFFENSES. (a) The 1-10 court shall order a defendant convicted of an offense listed in 1-11 Subsection (c) to pay a fee not to exceed $50. 1-12 (b) In determining the amount a defendant must pay, the 1-13 court shall consider the ability of the defendant to make the 1-14 payment and the financial hardship on the defendant to make the 1-15 required payment. 1-16 (c) This article applies to a defendant convicted of an 1-17 offense under: 1-18 (1) Section 49.02, Penal Code; 1-19 (2) Section 49.04, Penal Code; 1-20 (3) Section 49.06, Penal Code; 1-21 (4) Section 49.07, Penal Code; 1-22 (5) Section 49.08, Penal Code; or 1-23 (6) Subchapter D, Chapter 481, Health and Safety Code. 1-24 (d) In this article, a person is considered to have been 2-1 convicted in a case if: 2-2 (1) a sentence is imposed; 2-3 (2) the person receives community supervision or 2-4 deferred adjudication; or 2-5 (3) the court defers final disposition of the case. 2-6 Sec. 2. COLLECTION AND REMITTANCE OF FEES. (a) A clerk 2-7 collecting a fee under this article shall remit the fee to the 2-8 custodian of the county treasury. The custodian of the county 2-9 treasury shall keep separate records of the funds collected under 2-10 this article and may deposit the fees in an interest-bearing 2-11 account. 2-12 (b) On or before the last day of the month following each 2-13 calendar quarter, the custodian of the county treasury shall remit 2-14 the fees to the comptroller of public accounts. The custodian of 2-15 the county treasury may retain 10 percent of the funds collected 2-16 under this article and may also retain all interest accrued on the 2-17 funds if the custodian of the treasury keeps separate records of 2-18 the funds collected under this article and remits the funds to the 2-19 comptroller of public accounts within the period prescribed by this 2-20 subsection. 2-21 Sec. 3. LAW ENFORCEMENT EDUCATION PARTNERSHIP ACCOUNT. (a) 2-22 The comptroller of public accounts shall deposit fees remitted to 2-23 the comptroller under this article into an account of the general 2-24 revenue fund to be known as the law enforcement education 2-25 partnership account. 2-26 (b) Money credited to the law enforcement education 2-27 partnership account may be appropriated only to the Texas 3-1 Commission on Alcohol and Drug Abuse to establish or administer law 3-2 enforcement education partnership programs for the prevention of 3-3 chemical dependency by children. 3-4 SECTION 2. Section 1, Article 42.01, Code of Criminal 3-5 Procedure, is amended to read as follows: 3-6 Sec. 1. A judgment is the written declaration of the court 3-7 signed by the trial judge and entered of record showing the 3-8 conviction or acquittal of the defendant. The sentence served 3-9 shall be based on the information contained in the judgment. The 3-10 judgment should reflect: 3-11 1. The title and number of the case; 3-12 2. That the case was called and the parties appeared, 3-13 naming the attorney for the state, the defendant, and the attorney 3-14 for the defendant, or, where a defendant is not represented by 3-15 counsel, that the defendant knowingly, intelligently, and 3-16 voluntarily waived the right to representation by counsel; 3-17 3. The plea or pleas of the defendant to the offense 3-18 charged; 3-19 4. Whether the case was tried before a jury or a jury 3-20 was waived; 3-21 5. The submission of the evidence, if any; 3-22 6. In cases tried before a jury that the jury was 3-23 charged by the court; 3-24 7. The verdict or verdicts of the jury or the finding 3-25 or findings of the court; 3-26 8. In the event of a conviction that the defendant is 3-27 adjudged guilty of the offense as found by the verdict of the jury 4-1 or the finding of the court, and that the defendant be punished in 4-2 accordance with the jury's verdict or the court's finding as to the 4-3 proper punishment; 4-4 9. In the event of conviction where death or any 4-5 punishment is assessed that the defendant be sentenced to death, a 4-6 term of confinement or community supervision, or to pay a fine, as 4-7 the case may be; 4-8 10. In the event of conviction where the imposition of 4-9 sentence is suspended and the defendant is placed on community 4-10 supervision, setting forth the punishment assessed, the length of 4-11 community supervision, and the conditions of community supervision; 4-12 11. In the event of acquittal that the defendant be 4-13 discharged; 4-14 12. The county and court in which the case was tried 4-15 and, if there was a change of venue in the case, the name of the 4-16 county in which the prosecution was originated; 4-17 13. The offense or offenses for which the defendant 4-18 was convicted; 4-19 14. The date of the offense or offenses and degree of 4-20 offense for which the defendant was convicted; 4-21 15. The term of sentence; 4-22 16. The date judgment is entered; 4-23 17. The date sentence is imposed; 4-24 18. The date sentence is to commence and any credit 4-25 for time served; 4-26 19. The terms of any order entered pursuant to Article 4-27 42.08 of this code that the defendant's sentence is to run 5-1 cumulatively or concurrently with another sentence or sentences; 5-2 20. The terms of any plea bargain; 5-3 21. Affirmative findings entered pursuant to 5-4 Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of 5-5 this code; 5-6 22. The terms of any fee payment ordered under: 5-7 (A) Articles 37.072 and 42.151 of this code; or 5-8 (B) Articles 37.0721 and 42.151 of this code; 5-9 23. The defendant's thumbprint taken in accordance 5-10 with Article 38.33 of this code; 5-11 24. In the event that the judge orders the defendant 5-12 to repay a reward or part of a reward under Articles 37.073 and 5-13 42.152 of this code, a statement of the amount of the payment or 5-14 payments required to be made; 5-15 25. In the event that the court orders restitution to 5-16 be paid to the victim, a statement of the amount of restitution 5-17 ordered and: 5-18 (A) the name of the victim and the permanent 5-19 mailing address of the victim at the time of the judgment; or 5-20 (B) if the court determines that the inclusion 5-21 of the victim's name and address in the judgment is not in the best 5-22 interest of the victim, the name and address of a person or agency 5-23 that will accept and forward restitution payments to the victim; 5-24 and 5-25 26. In the event that a presentence investigation is 5-26 required by Section 9(a), (b), (h), or (i), Article 42.12 of this 5-27 code, a statement that the presentence investigation was done 6-1 according to the applicable provision. 6-2 SECTION 3. Article 42.151, Code of Criminal Procedure, is 6-3 amended to read as follows: 6-4 Art. 42.151. FEES FOR ABUSED CHILDREN'S COUNSELING OR LAW 6-5 ENFORCEMENT EDUCATION PARTNERSHIP PROGRAMS. If a court orders a 6-6 defendant to pay a fee under Article 37.072 or Article 37.0721 of 6-7 this code, the court shall assess the fee against the defendant in 6-8 the same manner as other costs of prosecution are assessed against 6-9 a defendant. The court may direct a defendant: 6-10 (1) to pay the entire fee when sentence is pronounced; 6-11 (2) to pay the entire fee at some later date; or 6-12 (3) to pay a specified portion of the fee at 6-13 designated intervals. 6-14 SECTION 4. (a) This Act applies only to the imposition of a 6-15 fee on conviction of an offense committed on or after the effective 6-16 date of this Act. For purposes of this section, an offense is 6-17 committed before the effective date of this Act if any element of 6-18 the offense occurs before the effective date. 6-19 (b) The imposition of a fee on conviction of an offense 6-20 committed before the effective date of this Act is covered by the 6-21 law in effect when the offense was committed, and the former law is 6-22 continued in effect for that purpose. 6-23 SECTION 5. This Act takes effect September 1, 1995. 6-24 SECTION 6. The importance of this legislation and the 6-25 crowded condition of the calendars in both houses create an 6-26 emergency and an imperative public necessity that the 6-27 constitutional rule requiring bills to be read on three several 7-1 days in each house be suspended, and this rule is hereby suspended.