78R3324 EMT-D

By:  Martinez Fischer                                             H.B. No. 732



A BILL TO BE ENTITLED

AN ACT

relating to the payment of costs incurred in executing arrest 
warrants for violations of the conditions of community supervision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 21, Article 42.12, Code of Criminal 
Procedure, is amended by adding Subsection (b-1) to read as 
follows:
	(b-1)  On the issuance of a warrant for a violation of any of 
the conditions of community supervision, the judge may require the 
defendant to pay a fee not to exceed $50 to cover the cost of issuing 
the warrant.  The judge shall waive the fee if the judge determines 
at the community supervision revocation hearing that the defendant 
did not violate a condition of community supervision.  The judge may 
waive or reduce the fee if the judge determines that payment of the 
fee would cause the defendant a significant financial hardship.  
The judge shall deposit a fee received under this subsection in a 
special fund in the county treasury or municipal treasury, as 
appropriate, to be distributed to the county law enforcement agency 
or municipal law enforcement agency that executed the warrant.  
Money in the fund may be used solely for the purpose of covering the 
cost to the agency of serving an arrest warrant described by this 
subsection.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to the 
execution of an arrest warrant issued for a violation of a condition 
of community supervision that occurs on or after September 1, 2003.  
The execution of an arrest warrant issued for a violation of a 
condition of community supervision that occurred before September 
1, 2003, is covered by the law in effect when the violation 
occurred, and the former law is continued in effect for that 
purpose.