By: Shapleigh S.B. No. 827
99S0214/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the fees paid by defendants in certain cases.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (a), Article 102.011, Code of
1-4 Criminal Procedure, is amended to read as follows:
1-5 (a) A defendant [convicted of a felony or a misdemeanor]
1-6 shall pay the following fees for services performed in the case by
1-7 a peace officer:
1-8 (1) $5 for issuing a written notice to appear in court
1-9 following the defendant's violation of a traffic law, municipal
1-10 ordinance, or penal law of this state, or for making an arrest
1-11 without a warrant; provided, however, that the $5 fee shall be
1-12 refunded to a defendant who is not convicted in the case;
1-13 (2) $35 for executing or processing an issued arrest
1-14 warrant or capias because of the defendant's failure to set the
1-15 case for court or to appear in court at the scheduled time; this
1-16 [with the] fee is imposed for the services of:
1-17 (A) the law enforcement agency that executed the
1-18 arrest warrant or capias, if the agency requests of the court, not
1-19 later than the 15th day after the date of the execution of the
1-20 arrest warrant or capias, the imposition of the fee [on
1-21 conviction]; or
1-22 (B) the law enforcement agency that processed
1-23 the arrest warrant or capias, if the executing law enforcement
1-24 agency failed to request the fee within the period required by
2-1 Paragraph (A) of this subdivision;
2-2 (3) $5 for summoning a witness;
2-3 (4) $35 for serving a writ not otherwise listed in
2-4 this article;
2-5 (5) $10 for taking and approving a bond and, if
2-6 necessary, returning the bond to the courthouse;
2-7 (6) $5 for commitment or release;
2-8 (7) $5 for summoning a jury, if a jury is summoned;
2-9 and
2-10 (8) $8 for each day's attendance of a prisoner in a
2-11 habeas corpus case if the prisoner has been remanded to custody or
2-12 held to bail.
2-13 SECTION 2. This Act takes effect September 1, 1999.
2-14 SECTION 3. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.