1-1     By:  Carona                                            S.B. No. 163
 1-2           (In the Senate - Filed January 14, 1999; January 28, 1999,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     March 8, 1999, reported favorably by the following vote:  Yeas 7,
 1-5     Nays 0; March 8, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the fee paid by a defendant for the execution or
 1-9     processing of an arrest warrant or capias.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subsection (a), Article 102.011, Code of Criminal
1-12     Procedure, is amended to read as follows:
1-13           (a)  A defendant convicted of a felony or a misdemeanor shall
1-14     pay the following fees for services performed in the case by a
1-15     peace officer:
1-16                 (1)  $5 for issuing a written notice to appear in court
1-17     following the defendant's violation of a traffic law, municipal
1-18     ordinance, or penal law of this state, or for making an arrest
1-19     without a warrant;
1-20                 (2)  $50 [$35] for executing or processing an issued
1-21     arrest warrant or capias, with the fee imposed for the services of:
1-22                       (A)  the law enforcement agency that executed the
1-23     arrest warrant or capias, if the agency requests of the court, not
1-24     later than the 15th day after the date of the execution of the
1-25     arrest warrant or capias, the imposition of the fee on conviction;
1-26     or
1-27                       (B)  the law enforcement agency that processed
1-28     the arrest warrant or capias, if the executing law enforcement
1-29     agency failed to request the fee within the period required by
1-30     Paragraph (A) of this subdivision;
1-31                 (3)  $5 for summoning a witness;
1-32                 (4)  $35 for serving a writ not otherwise listed in
1-33     this article;
1-34                 (5)  $10 for taking and approving a bond and, if
1-35     necessary, returning the bond to the courthouse;
1-36                 (6)  $5 for commitment or release;
1-37                 (7)  $5 for summoning a jury, if a jury is summoned;
1-38     and
1-39                 (8)  $8 for each day's attendance of a prisoner in a
1-40     habeas corpus case if the prisoner has been remanded to custody or
1-41     held to bail.
1-42           SECTION 2.  This Act takes effect September 1, 1999, and
1-43     applies only to a fee for executing or processing an arrest warrant
1-44     or capias initially issued on or after that date. A fee for
1-45     executing or processing an arrest warrant or capias initially
1-46     issued before September 1, 1999, is covered by the law in effect
1-47     when the warrant or capias was issued, and the former law is
1-48     continued in effect for that purpose.
1-49           SECTION 3.  The importance of this legislation and the
1-50     crowded condition of the calendars in both houses create an
1-51     emergency and an imperative public necessity that the
1-52     constitutional rule requiring bills to be read on three several
1-53     days in each house be suspended, and this rule is hereby suspended.
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