SRC-JBJ S.B. 827 76(R) BILL ANALYSIS Senate Research Center S.B. 827 By: Shapleigh Jurisprudence 5/4/1999 As Filed DIGEST Currently, a person may be assessed certain fees for an arrest conducted by a peace officer. The fees contribute to the cost of processing and serving an arrest warrant. Occasionally, an individual does not pay his or her fees, in which case a municipality can only seek collection of the amounts owed through a civil court. But, prosecution tends to not be a cost-effective remedy. Therefore, many of the fees are not collected. If, however, a defendant was required to pay the fees when he or she posted bond, rather than after conviction, the collection rates might improve. S.B. 827 would require a defendant to pay certain fees when the defendant posts bond. PURPOSE As proposed, S.B. 827 changes fee requirement regarding defendants. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 102.011, Code of Criminal Procedure, amending Subsection (a), to require a defendant, rather than only a defendant convicted of a felony or a misdemeanor, to pay for services performed in the case by a peace officer: $5 for issuing a certain written notice to appear in court, provided that the fee shall be refunded to a defendant who is not convicted; or $35 for executing an arrest warrant or capias because of the defendant's failure to set the case for or to appear in court at the scheduled time. Makes conforming changes. SECTION 2. Effective date: September 1, 1999. SECTION 3.Emergency clause.