By Staples S.B. No. 1610
77R9170 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the collection of delinquent fines by county attorneys,
1-3 district attorneys or criminal district attorneys.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Amending Code of Criminal Procedure Article
1-6 102.007 as follows:
1-7 Art. 102.007. FEE FOR COLLECTING AND PROCESSING SIGHT ORDER
1-8 OR DELINQUENT FINE. (a) A county attorney, district attorney, or
1-9 criminal district attorney may collect a fee if his office collects
1-10 a delinquent fine, or collects and processes a check or similar
1-11 sight order if the check or similar sight order:
1-12 (1) has been issued or passed in a manner that makes
1-13 the issuance or passing an offense under:
1-14 (A) Section 31.03, Penal Code;
1-15 (B) Section 31.04, Penal Code; or
1-16 (C) Section 32.41, Penal Code; or
1-17 (2) has been forged, as defined by Section 32.21,
1-18 Penal Code; or
1-19 (3) if a delinquent fine, if the delinquent fine is
1-20 for a case which the county attorney, district attorney or criminal
1-21 district attorney is charged with prosecuting.
1-22 (b) The county attorney, district attorney, or criminal
1-23 district attorney may collect the fee from any person who is a
1-24 party to the offense described in Subsection (a).
2-1 (c) The amount of the fee may not exceed:
2-2 (1) $10 if the face amount of the check, [or] sight
2-3 order or delinquent fine does not exceed $10;
2-4 (2) $15 if the face amount of the check, [or] sight
2-5 order or delinquent fine is greater than $10 but does not exceed
2-6 $100;
2-7 (3) $30 if the face amount of the check, [or] sight
2-8 order or delinquent fine is greater than $100 but does not exceed
2-9 $300;
2-10 (4) $50 if the face amount of the check, [or] sight
2-11 order or delinquent fine is greater than $300 but does not exceed
2-12 $500; and
2-13 (5) $75 if the face amount of the check, [or] sight
2-14 order or delinquent fine is greater than $500.
2-15 (d) If the person from whom the fee is collected was a party
2-16 to the offense of forgery, as defined by Section 32.21, Penal Code,
2-17 committed by altering the face amount of the check or sight order,
2-18 the face amount as altered governs for the purposes of determining
2-19 the amount of the fee.
2-20 (e) In addition to the collection fee specified in
2-21 Subsection (c) of this article, the county attorney, district
2-22 attorney, or criminal district attorney may collect the fee
2-23 authorized by Article 9022, Vernon's Texas Civil Statutes, for the
2-24 benefit of the holder of a check or its assignee, agent,
2-25 representative, or any other person retained by the holder to seek
2-26 collection of the check.
2-27 (f) Fees collected under Subsection (c) of this article
3-1 shall be deposited in the county treasury in a special fund to be
3-2 administered by the county attorney, district attorney, or criminal
3-3 district attorney. Expenditures from this fund shall be at the
3-4 sole discretion of the attorney and may be used only to defray the
3-5 salaries and expenses of the prosecutor's office, but in no event
3-6 may the county attorney, district attorney, or criminal district
3-7 attorney supplement his or her own salary from this fund.
3-8 (g) For the purposes of this section; delinquent fines are
3-9 defined as fines, court costs or court ordered attorney fees which
3-10 are not paid within the period granted by the judgment for payment
3-11 of said fines, court costs or court ordered attorney fees.
3-12 SECTION 2. This act takes effect immediately if it receives
3-13 a vote of two-thirds of all members elected to each house, as
3-14 provided by Section 39, Article III, Texas Constitution. If this
3-15 Act does not receive the vote necessary for immediate effect, this
3-16 Act takes effect September 1, 2001.