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.