By Armbrister S.B. No. 1378
77R6820 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to criminal and civil fees.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle C, Title 4, Local Government Code, is
1-5 amended by adding Chapter 133 to read as follows:
1-6 CHAPTER 133. CRIMINAL AND CIVIL FEES PAYABLE TO THE COMPTROLLER
1-7 SUBCHAPTER A. GENERAL PROVISIONS
1-8 Sec. 133.001. PURPOSE. The purpose of this chapter is to
1-9 consolidate and standardize:
1-10 (1) the collection of fees in criminal and civil
1-11 matters by:
1-12 (A) an officer of a court for deposit in a
1-13 county or municipal treasury; or
1-14 (B) an officer of a county or municipality for
1-15 deposit in the county or municipal treasury, as appropriate;
1-16 (2) the remission of those fees to the comptroller as
1-17 required by this chapter and other law; and
1-18 (3) the distribution of those fees by the comptroller
1-19 to the proper accounts and funds in the state treasury.
1-20 Sec. 133.002. DEFINITIONS. In this chapter:
1-21 (1) "Fee" means:
1-22 (A) a criminal fee listed under Section 133.003;
1-23 and
1-24 (B) a civil fee listed under Section 133.004.
2-1 (2) "Indigent" means an individual who earns not more
2-2 than 125 percent of the income standard established by applicable
2-3 federal poverty guidelines.
2-4 (3) "Treasurer" means the custodian of money in a
2-5 municipal or county treasury, as appropriate.
2-6 Sec. 133.003. CRIMINAL FEES. This chapter applies to the
2-7 following criminal fees:
2-8 (1) the consolidated fee imposed under Section
2-9 133.102;
2-10 (2) the time payment fee imposed under Section
2-11 133.103;
2-12 (3) fees for services of peace officers employed by
2-13 the state imposed under Article 102.011, Code of Criminal
2-14 Procedure, and forwarded to the comptroller as provided by Section
2-15 133.104;
2-16 (4) costs on conviction imposed in certain statutory
2-17 county courts under Section 51.702, Government Code, and deposited
2-18 in the judicial fund; and
2-19 (5) costs on conviction imposed in certain county
2-20 courts under Section 51.703, Government Code, and deposited in the
2-21 judicial fund.
2-22 Sec. 133.004. CIVIL FEES. This chapter applies to the
2-23 following civil fees:
2-24 (1) the consolidated fee on filing in district courts
2-25 imposed under Section 133.151;
2-26 (2) the filing fee in courts other than district court
2-27 for basic civil legal services for indigents imposed under Section
3-1 133.152;
3-2 (3) the filing fees for the judicial fund imposed in
3-3 certain statutory county courts under Section 51.702, Government
3-4 Code;
3-5 (4) the filing fees for the judicial fund imposed in
3-6 certain county courts under Section 51.703, Government Code;
3-7 (5) the filing fees for the judicial fund imposed in
3-8 certain statutory probate courts under Section 51.704, Government
3-9 Code;
3-10 (6) birth certificate fees for the work and family
3-11 policies fund collected under Section 118.015, Local Government
3-12 Code;
3-13 (7) marriage license fees for the family trust fund
3-14 collected under Section 118.018, Local Government Code;
3-15 (8) marriage license or declaration of informal
3-16 marriage fees for the children's trust fund collected under Section
3-17 118.022, Local Government Code; and
3-18 (9) the administrative fee for failure to appear
3-19 imposed under Section 706.006, Transportation Code.
3-20 (Sections 133.005-133.050 reserved for expansion
3-21 SUBCHAPTER B. REPORTING, COLLECTION, AND REMISSION OF FEES
3-22 Sec. 133.051. COLLECTION AND REMISSION OF FEES. A
3-23 municipality or county shall collect, record, account for, and
3-24 remit to the comptroller all fees in the manner provided by this
3-25 subchapter.
3-26 Sec. 133.052. DEPOSIT OF FEES. (a) An officer collecting a
3-27 fee in a case in municipal court shall deposit the money in the
4-1 municipal treasury.
4-2 (b) An officer collecting a fee in a justice, county, or
4-3 district court shall deposit the money in the county treasury.
4-4 (c) A municipal or county clerk collecting a fee shall
4-5 deposit the money in the municipal or county treasury, as
4-6 appropriate.
4-7 Sec. 133.053. INTEREST-BEARING ACCOUNT. (a) The treasurer
4-8 may deposit fees in an interest-bearing account.
4-9 (b) The municipality or county may retain any interest
4-10 accrued on the money the treasurer deposited in the treasury if the
4-11 treasurer remits the funds to the comptroller within the period
4-12 prescribed by Section 133.055.
4-13 Sec. 133.054. RECORDS. (a) An officer or clerk collecting a
4-14 fee shall keep a record of the money collected.
4-15 (b) The treasurer shall keep a record of the money collected
4-16 and that is on deposit in the treasury.
4-17 Sec. 133.055. QUARTERLY REMISSION OF FEES TO THE
4-18 COMPTROLLER. On or before the last day of the month following each
4-19 calendar quarter, the treasurer shall:
4-20 (1) remit to the comptroller the funds from all fees
4-21 collected during the preceding quarter; and
4-22 (2) submit to the comptroller the report required
4-23 under Section 133.056 for criminal fees and Section 133.057 for
4-24 civil fees.
4-25 Sec. 133.056. QUARTERLY REPORT FOR CRIMINAL FEES. (a) On
4-26 the last day of the month following a calendar quarter, the
4-27 treasurer shall report the criminal fees collected for the
5-1 preceding calendar quarter.
5-2 (b) For fees collected for convictions occurring on or after
5-3 January 1, 2002, a municipality or county shall report the fees
5-4 collected for a quarter categorized according to the fund.
5-5 (c) For fees collected for convictions occurring on or after
5-6 January 1, 2002, a municipality or county may report the total of
5-7 fees collected for a quarter categorized according to the time
5-8 period collected.
5-9 Sec. 133.057. QUARTERLY REPORT FOR CIVIL FEES. On the last
5-10 day of the month following a calendar quarter, the treasurer shall
5-11 report the civil fees collected for the preceding calendar quarter.
5-12 Sec. 133.058. PORTION OF FEE RETAINED. (a) Except as
5-13 provided by Subsection (b), a municipality or county may retain 10
5-14 percent of the money collected from fees as a service fee for the
5-15 collection if the municipality or county remits the funds to the
5-16 comptroller within the period prescribed by Section 133.055.
5-17 (b) A municipality or county may retain an amount greater
5-18 than 10 percent of the money collected from fees if retention of
5-19 the greater amount is authorized by law.
5-20 Sec. 133.059. AUDIT. The comptroller may audit the records
5-21 of a county or municipality relating to fees collected under this
5-22 chapter.
5-23 (Sections 133.060-133.100 reserved for expansion
5-24 SUBCHAPTER C. CRIMINAL FEES
5-25 Sec. 133.101. MEANING OF CONVICTION. In this subchapter, a
5-26 person is considered to have been convicted in a case if:
5-27 (1) a judgment, sentence, or both a judgment and a
6-1 sentence are imposed on the person;
6-2 (2) the person receives community supervision,
6-3 deferred adjudication, or deferred disposition; or
6-4 (3) the court defers final disposition of the case or
6-5 imposition of the judgment and sentence.
6-6 Sec. 133.102. CONSOLIDATED FEES ON CONVICTION. (a) A person
6-7 convicted of an offense shall pay, in addition to all other costs:
6-8 (1) $133 as a court cost on conviction of a felony;
6-9 (2) $83 as a court cost on conviction of a Class A or
6-10 B misdemeanor; or
6-11 (3) $40 as a court cost on conviction of a Class C
6-12 misdemeanor.
6-13 (b) The fees under Subsection (a) shall be collected and
6-14 remitted to the comptroller in the manner provided by Subchapter B.
6-15 (c) The comptroller shall allocate the fees received under
6-16 this section to the following accounts and funds so that each
6-17 receives to the extent practicable, utilizing historical data as
6-18 applicable, the same amount of money the account or fund would have
6-19 received if the fees for the accounts and funds had been collected
6-20 and reported separately:
6-21 (1) abused children's counseling;
6-22 (2) crime stoppers assistance;
6-23 (3) breath alcohol testing;
6-24 (4) Bill Blackwood Law Enforcement Management
6-25 Institute;
6-26 (5) law enforcement officers standards and education;
6-27 (6) comprehensive rehabilitation;
7-1 (7) operator's and chauffeur's license;
7-2 (8) criminal justice planning;
7-3 (9) an account in the state treasury to be used only
7-4 for the establishment and operation of the Center for the Study and
7-5 Prevention of Juvenile Crime and Delinquency at Prairie View A&M
7-6 University;
7-7 (10) compensation to victims of crime fund;
7-8 (11) fugitive apprehension account; and
7-9 (12) judicial and court personnel training fund.
7-10 Sec. 133.103. TIME PAYMENT FEE. (a) A person convicted of
7-11 an offense shall pay, in addition to all other costs, a fee of $25
7-12 if the person:
7-13 (1) has been convicted of a felony or misdemeanor; and
7-14 (2) pays any part of a fine, court costs, or
7-15 restitution on or after the 31st day after the date on which a
7-16 judgment is entered assessing the fine, court costs, or
7-17 restitution.
7-18 (b) The treasurer shall send 50 percent of the fees
7-19 collected under this section to the comptroller. The comptroller
7-20 shall deposit the fees received to the credit of the general
7-21 revenue fund.
7-22 (c) The treasurer shall deposit 10 percent of the fees
7-23 collected under this section in the general fund of the county or
7-24 municipality for the purpose of improving the efficiency of the
7-25 administration of justice in the county or municipality. The
7-26 county or municipality shall prioritize the needs of the judicial
7-27 officer who collected the fees when making expenditures under this
8-1 subsection.
8-2 (d) The treasurer shall deposit the remainder of the fees
8-3 collected under this section in the general revenue account of the
8-4 county or municipality.
8-5 Sec. 133.104. FEES FOR SERVICES OF PEACE OFFICERS EMPLOYED
8-6 BY THE STATE. (a) Fees imposed under Article 102.011, Code of
8-7 Criminal Procedure, for services performed by peace officers
8-8 employed by the state shall be forwarded to the comptroller after
8-9 deducting four-fifths of the amount of each fee received for a
8-10 service performed under Subsection (a)(1) or (a)(2) of that
8-11 article, in a manner directed by the comptroller.
8-12 (b) The comptroller shall credit fees received under
8-13 Subsection (a) to the general revenue fund.
8-14 (Sections 133.105-133.150 reserved for expansion
8-15 SUBCHAPTER D. CIVIL FEES
8-16 Sec. 133.151. CONSOLIDATED CIVIL FEE ON FILING IN DISTRICT
8-17 COURTS. (a) In addition to each fee collected under Section
8-18 51.317(b)(1), Government Code, the clerk of a district court shall
8-19 collect the following fees on the filing of any civil action or
8-20 proceeding requiring a filing fee, including an appeal, and on the
8-21 filing of any counterclaim, cross action, intervention,
8-22 interpleader, or third-party action requiring a filing fee:
8-23 (1) $45 for family law cases and proceedings as
8-24 defined by Section 25.0002, Government Code; and
8-25 (2) $50 for any case other than a case described by
8-26 Subdivision (1).
8-27 (b) The fees under Subsection (a) shall be collected and
9-1 remitted to the comptroller in the manner provided by Subchapter B.
9-2 (c) The comptroller shall allocate the fees received under
9-3 this section to the following accounts and funds so that each
9-4 receives to the extent practicable, utilizing historical data as
9-5 applicable, the same amount of money the account or fund would have
9-6 received if the fees for the accounts and funds had been collected
9-7 and reported separately:
9-8 (1) judicial fund to be used for court-related
9-9 purposes for the support of the judiciary; and
9-10 (2) the basic civil legal services account of the
9-11 judicial fund for use in programs approved by the supreme court
9-12 that provide basic civil legal services to an indigent.
9-13 Sec. 133.152. FILING FEES IN COURTS OTHER THAN DISTRICT
9-14 COURT FOR BASIC CIVIL LEGAL SERVICES FOR INDIGENTS. (a) In
9-15 addition to other fees authorized or required by law, the clerk of
9-16 a court other than a district court, the courts of appeals, or the
9-17 supreme court, shall collect the following fees on the filing of
9-18 any civil action or proceeding requiring a filing fee, including an
9-19 appeal, and on the filing of any counterclaim, cross action,
9-20 intervention, interpleader, or third-party action requiring a
9-21 filing fee:
9-22 (1) $5 for statutory and constitutional county courts;
9-23 and
9-24 (2) $2 for justice of the peace courts.
9-25 (b) The fees shall be collected and remitted to the
9-26 comptroller in the manner provided by Subchapter B.
9-27 (c) The comptroller shall deposit the fees to the credit of
10-1 the basic civil legal services account of the judicial fund for use
10-2 in programs approved by the supreme court that provide basic civil
10-3 legal services to an indigent.
10-4 SECTION 2. Section 14(e), Article 42.12, Code of Criminal
10-5 Procedure, is amended to read as follows:
10-6 (e) The clerk of a court that collects a fee imposed under
10-7 Subsection (c)(2) shall remit the fee to the comptroller by the
10-8 last day of the month following each calendar quarter, and the
10-9 comptroller shall deposit the fee into the general revenue fund.
10-10 In requiring the payment of a fee under Subsection (c)(2), the
10-11 judge shall consider fines, fees, and other necessary expenses for
10-12 which the defendant is obligated in establishing the amount of the
10-13 fee. The judge may not:
10-14 (1) establish the fee in an amount that is greater
10-15 than 25 percent of the defendant's gross income while the defendant
10-16 is a participant in residential aftercare; or
10-17 (2) require the defendant to pay the fee at any time
10-18 other than a time at which the defendant is both employed and a
10-19 participant in residential aftercare.
10-20 SECTION 3. Section 19(f), Article 42.12, Code of Criminal
10-21 Procedure, is amended to read as follows:
10-22 (f) A community corrections and supervision department shall
10-23 remit fees collected under Subsection (e) of this section to the
10-24 comptroller not later than the last day of the month following each
10-25 calendar quarter. The comptroller shall deposit the fee in the
10-26 special revenue fund to the credit of the sexual assault program
10-27 established under Section 44.0061, Health and Safety Code.
11-1 SECTION 4. Article 45.048, Code of Criminal Procedure, is
11-2 amended to read as follows:
11-3 Art. 45.048. DISCHARGED FROM JAIL. A defendant placed in
11-4 jail on account of failure to pay the fine and costs shall be
11-5 discharged on habeas corpus by showing that the defendant:
11-6 (1) is too poor to pay the fine and costs; or
11-7 (2) has remained in jail a sufficient length of time
11-8 to satisfy the fine and costs, at the rate of not less than $50
11-9 [$100] for each day or part of a day of jail time served.
11-10 SECTION 5. Article 45.049(e), Code of Criminal Procedure, is
11-11 amended to read as follows:
11-12 (e) A defendant is considered to have discharged $50 [$100]
11-13 of fines or costs for each eight hours of community service
11-14 performed under this article.
11-15 SECTION 6. Article 102.004, Code of Criminal Procedure, is
11-16 amended by adding Subsection (c) to read as follows:
11-17 (c) In this article, conviction has the meaning assigned by
11-18 Section 133.101, Local Government Code.
11-19 SECTION 7. Article 102.011, Code of Criminal Procedure, is
11-20 amended by adding Subsection (j) to read as follows:
11-21 (j) In this article, conviction has the meaning assigned by
11-22 Section 133.101, Local Government Code.
11-23 SECTION 8. Article 102.014(c), Code of Criminal Procedure, is
11-24 amended to read as follows:
11-25 (c) A person convicted of an offense under Subtitle C, Title
11-26 7, Transportation Code, when the offense occurs within a school
11-27 crossing zone as defined by Section 541.302 of that code, shall pay
12-1 as court costs $25 in addition to other taxable court costs. A
12-2 person convicted of an offense under Section 545.066,
12-3 Transportation Code, shall pay as court costs $25 in addition to
12-4 other taxable court costs. The additional court costs under this
12-5 subsection shall be collected in the same manner that other fines
12-6 and taxable court costs in the case are collected [and shall be
12-7 assessed only in a municipality with a population of 400,000 or
12-8 more].
12-9 SECTION 9. Section 51.702(d), Government Code, is amended to
12-10 read as follows:
12-11 (d) The clerk shall deposit [send] the fees and costs
12-12 collected under this section to be sent to the comptroller as
12-13 provided by Subchapter B, Chapter 133, Local Government Code [at
12-14 least as frequently as monthly]. The comptroller shall deposit the
12-15 fees in the judicial fund.
12-16 SECTION 10. Section 51.703(d), Government Code, is amended to
12-17 read as follows:
12-18 (d) The clerk shall deposit [send] the fees and costs
12-19 collected under this section to be sent to the comptroller as
12-20 provided by Subchapter B, Chapter 133, Local Government Code [at
12-21 least as frequently as monthly]. The comptroller shall deposit the
12-22 fees in the judicial fund.
12-23 SECTION 11. Section 51.704(c), Government Code, is amended to
12-24 read as follows:
12-25 (c) The clerk shall deposit [send] the fees and costs
12-26 collected under this section to be sent to the comptroller as
12-27 provided by Subchapter B, Chapter 133, Local Government Code [at
13-1 least as frequently as monthly]. The comptroller shall deposit the
13-2 fees in the judicial fund.
13-3 SECTION 12. Section 51.941, Government Code, is amended to
13-4 read as follows:
13-5 Sec. 51.941. ADDITIONAL FILING FEE IN APPELLATE COURTS FOR
13-6 BASIC CIVIL LEGAL SERVICES FOR INDIGENTS. (a) In addition to other
13-7 fees authorized or required by law, the clerk of the supreme court
13-8 and courts of appeals [each court] shall collect a $25 fee [the
13-9 following fees] on the filing of any civil action or proceeding
13-10 requiring a filing fee, including an appeal, and on the filing of
13-11 any counterclaim, cross-action, intervention, interpleader, or
13-12 third-party action requiring a filing fee[:]
13-13 [(1) supreme court and courts of appeals ........ $25;]
13-14 [(2) district courts, for other than divorce and other
13-15 family law matters ........................................... $10;]
13-16 [(3) district courts, divorce and other family law
13-17 matters ....................................................... $5;]
13-18 [(4) statutory and constitutional county courts .. $5;]
13-19 [(5) justice of the peace courts ................ $2].
13-20 (b) Court fees under this section [subchapter] shall be
13-21 collected in the same manner as other fees, fines, or costs in the
13-22 case.
13-23 (c) The clerk shall send the fees collected under this
13-24 section [Subsection (a)(1)] to the comptroller not later than the
13-25 10th day after the end of each quarter.
13-26 (d) [The clerk shall remit the fees collected under
13-27 Subsections (a)(2)-(5) at least as frequently as monthly to the
14-1 county treasurer or the person who performs the duties of the
14-2 county treasurer. The county treasurer or the person performing
14-3 the duties of the county treasurer shall keep a record of the
14-4 amount of money received under this subsection. The county
14-5 treasurer or the person who performs the duties of the county
14-6 treasurer shall remit the fees collected, minus an amount ordered
14-7 retained by the county commissioners court as provided by
14-8 Subsection (e), to the comptroller not later than the 10th day
14-9 after the end of each quarter.]
14-10 [(e) The commissioners court by order may require the county
14-11 treasurer or the person who performs the duties of the county
14-12 treasurer to deposit in the county's general revenue account five
14-13 percent of the fees collected under Subsections (a)(2)-(5) to
14-14 reimburse the county for the expense of collecting and remitting
14-15 the fees collected under Subsections (a)(2)-(5).]
14-16 [(f)] The comptroller shall deposit the fees received under
14-17 this section to the credit of the basic civil legal services
14-18 account of the judicial fund for use in programs approved by the
14-19 supreme court that provide basic civil legal services to the
14-20 indigent.
14-21 (e) [(g)] In this section, "indigent" [:]
14-22 [(1) "Family law matters" has the meaning assigned
14-23 "family law cases and proceedings" by Section 25.0002.]
14-24 [(2) "Indigent"] means an individual who earns not
14-25 more than 125 percent of the income standard established by
14-26 applicable federal poverty guidelines.
14-27 SECTION 13. Section 118.015(b), Local Government Code, is
15-1 amended to read as follows:
15-2 (b) A county clerk who collects a fee under this section for
15-3 a certified copy of a birth certificate shall deposit the [deduct
15-4 20 cents of that fee to apply to the clerk's administrative costs
15-5 and remit $1.80 of that] fee to be sent to the comptroller as
15-6 provided by Subchapter B, Chapter 133, Local Government Code, for
15-7 deposit in the work and family policies fund.
15-8 SECTION 14. Section 118.018(c), Local Government Code, is
15-9 amended to read as follows:
15-10 (c) A county clerk who collects a fee under this section
15-11 from a marriage license applicant shall deposit [remit] $3 of that
15-12 fee to be sent to the comptroller as provided by Subchapter B,
15-13 Chapter 133, Local Government Code, for deposit in the family trust
15-14 fund established under Section 2.014, Family Code.
15-15 SECTION 15. Section 118.022(a), Local Government Code, is
15-16 amended to read as follows:
15-17 (a) The county clerk shall deposit, as provided by
15-18 Subchapter B, Chapter 133, Local Government Code, [not later than
15-19 the 10th day of each month, send to the comptroller of public
15-20 accounts] $12.50 of each fee collected [during the preceding month]
15-21 for issuance of a marriage license or declaration of informal
15-22 marriage to be sent to the comptroller and deposited as provided by
15-23 Subsection (b).
15-24 SECTION 16. Section 542.403, Transportation Code, is amended
15-25 by adding Subsection (c) to read as follows:
15-26 (c) In this section, conviction has the meaning assigned by
15-27 Section 133.101, Local Government Code.
16-1 SECTION 17. Section 706.006(a), Transportation Code, is
16-2 amended to read as follows:
16-3 (a) Unless a person has been acquitted of the offense for
16-4 which the person failed to appear for a complaint, citation, or
16-5 court order to pay a fine involving a violation of a traffic law or
16-6 an offense described by Section 706.002(a)(2), (3), or (4), the
16-7 political subdivision shall require the person to pay an
16-8 administrative fee of $30 for each complaint, citation, or court
16-9 order [violation] for which the person failed to appear.
16-10 SECTION 18. Sections 706.007(a), (b), and (c),
16-11 Transportation Code, are amended to read as follows:
16-12 (a) An officer collecting a fee under Section 706.006 shall
16-13 keep records and deposit the money as provided by Subchapter B,
16-14 Chapter 133, Local Government Code [:]
16-15 [(1) keep separate records of the money; and]
16-16 [(2) deposit the money in the appropriate municipal or
16-17 county treasury].
16-18 (b) The custodian of the municipal or county treasury may[:]
16-19 [(1)] deposit each fee collected under Section 706.006
16-20 as provided by Subchapter B, Chapter 133, Local Government Code [in
16-21 an interest-bearing account; and]
16-22 [(2) retain for the municipality or county the
16-23 interest earned on money in the account].
16-24 (c) The custodian shall keep records of money received and
16-25 disbursed under this section as provided by Subchapter B, Chapter
16-26 133, Local Government Code, and shall provide an annual report, in
16-27 the form approved by the comptroller, of all money received and
17-1 disbursed under this section to:
17-2 (1) the comptroller;
17-3 (2) the department; and
17-4 (3) another entity as provided by interlocal contract.
17-5 SECTION 19. The following are repealed:
17-6 (1) Article 56.55, Code of Criminal Procedure;
17-7 (2) Article 56.56, Code of Criminal Procedure;
17-8 (3) Article 56.57, Code of Criminal Procedure;
17-9 (4) Article 56.59, Code of Criminal Procedure;
17-10 (5) Articles 102.011(f)-(h), Code of Criminal
17-11 Procedure;
17-12 (6) Article 102.019, Code of Criminal Procedure;
17-13 (7) Article 102.075, Code of Criminal Procedure;
17-14 (8) Section 51.701, Government Code;
17-15 (9) Section 51.921, Government Code;
17-16 (10) Sections 56.001(b)-(h), Government Code; and
17-17 (11) Section 61.003, Government Code.
17-18 SECTION 20. (a) This Act takes effect January 1, 2002.
17-19 (b) This Act applies only to a fee collected on or after the
17-20 effective date of this Act. A fee collected before the effective
17-21 date of this Act is governed by the law applicable to the
17-22 collection of the fee immediately before the effective date of this
17-23 Act, and that law is continued in effect for that purpose.
17-24 (c) The change in law made by this Act to Articles 45.048
17-25 and 45.049, Code of Criminal Procedure, applies only to conduct
17-26 that occurs on or after the effective date of this Act. Conduct
17-27 violating the penal law of this state occurs on or after the
18-1 effective date of this Act if any element of the violation occurs
18-2 on or after that date. Conduct that occurs before the effective
18-3 date of this Act is governed by the law in effect at the time the
18-4 conduct occurred, and that law is continued in effect for that
18-5 purpose.