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.