79(R) HB 675 - Introduced version


                                                                                

79R2212 JD-D

By:  Bonnen                                                       H.B. No. 675



A BILL TO BE ENTITLED

AN ACT

relating to the imposition of an additional cost on conviction of 
certain intoxication and alcohol-related offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  This Act may be called the Justin Wollam Act.                      
	SECTION 2.  Subchapter A, Chapter 102, Code of Criminal 
Procedure, is amended by adding Article 102.0186 to read as 
follows:
	Art. 102.0186.  ADDITIONAL COSTS ATTENDANT TO CERTAIN 
INTOXICATION AND ALCOHOL-RELATED OFFENSES.  (a)  In addition to 
each cost imposed by Section 133.102, Local Government Code, or by 
this chapter, including any cost imposed on the person by Article 
102.0185, a person convicted of an offense under Chapter 49, Penal 
Code, or under Section 106.03 or 106.06, Alcoholic Beverage Code, 
shall pay $100 under this article on conviction of the offense.
	(b)  Costs imposed by this article are:                                 
		(1)  imposed without regard to whether the defendant is 
placed on community supervision after being convicted of the 
offense or receives deferred disposition or deferred adjudication 
for the offense; and
		(2)  collected in the same manner as other costs 
collected under Subchapter C, Chapter 133, Local Government Code.
	(c)  The officer collecting costs under this article shall 
keep separate records of the money collected and shall pay the money 
to the custodian of the municipal or county treasury.
	(d)  The custodian of a municipal or county treasury shall 
deposit money received under this article to the credit of a 
separate fund in that treasury.  Money in the fund may be used only 
to assist the municipality or county in the enforcement of laws 
relating to the possession or consumption of alcohol and to the 
prevention of offenses involving the possession or consumption of 
alcohol.
	SECTION 3.  Section 102.021, Government Code, is amended to 
read as follows: 
	Sec. 102.021.  COURT COSTS ON CONVICTION.  A person 
convicted of an offense shall pay, in addition to all other costs:
		(1)  court costs on conviction of a felony (Sec. 
133.102, Local Government Code) . . . $133;
		(2)  court costs on conviction of a Class A or Class B 
misdemeanor (Sec. 133.102, Local Government Code) . . . $83;
		(3)  court costs on conviction of a nonjailable 
misdemeanor offense, including a criminal violation of a municipal 
ordinance, other than a conviction of an offense relating to a 
pedestrian or the parking of a motor vehicle (Sec. 133.102, Local 
Government Code) . . . $40;
		(4)  court costs on certain convictions in statutory 
county courts (Sec. 51.702, Government Code) . . . $15;
		(5)  court costs on certain convictions in certain 
county courts (Sec. 51.703, Government Code) . . . $15;
		(6)  a time payment fee if convicted of a felony or 
misdemeanor for paying any part of a fine, court costs, or 
restitution on or after the 31st day after the date on which a 
judgment is entered assessing the fine, court costs, or restitution 
(Sec. 133.103, Local Government Code) . . . $25;
		(7)  a fee for services of prosecutor (Art. 102.008, 
Code of Criminal Procedure) . . . $25;
		(8)  fees for services of peace officer:                                      
			(A)  issuing a written notice to appear in court 
for certain violations (Art. 102.011, Code of Criminal 
Procedure) . . . $5;
			(B)  executing or processing an issued arrest 
warrant or capias (Art. 102.011, Code of Criminal 
Procedure) . . . $50;
			(C)  summoning a witness (Art. 102.011, Code of 
Criminal Procedure) . . . $5;
			(D)  serving a writ not otherwise listed (Art. 
102.011, Code of Criminal Procedure) . . . $35;
			(E)  taking and approving a bond and, if 
necessary, returning the bond to courthouse (Art. 102.011, Code of 
Criminal Procedure) . . . $10;
			(F)  commitment or release (Art. 102.011, Code of 
Criminal Procedure) . . . $5;
			(G)  summoning a jury (Art. 102.011, Code of 
Criminal Procedure) . . . $5; 
			(H)  attendance of a prisoner in habeas corpus 
case if prisoner has been remanded to custody or held to bail (Art. 
102.011, Code of Criminal Procedure) . . . $8 each day;
			(I)  mileage for certain services performed (Art. 
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
			(J)  services of a sheriff or constable who serves 
process and attends examining trial in certain cases (Art. 102.011, 
Code of Criminal Procedure) . . . not to exceed $5;
		(9)  services of a peace officer in conveying a witness 
outside the county (Art. 102.011, Code of Criminal 
Procedure) . . . $10 per day or part of a day, plus actual 
necessary travel expenses;
		(10)  overtime of peace officer for time spent 
testifying in the trial or traveling to or from testifying in the 
trial (Art. 102.011, Code of Criminal Procedure) . . . actual 
cost;
		(11)  court costs on an offense relating to rules of the 
road, when offense occurs within a school crossing zone (Art. 
102.014, Code of Criminal Procedure) . . . $25;
		(12)  court costs on an offense of passing a school bus 
(Art. 102.014, Code of Criminal Procedure) . . . $25;
		(13)  court costs on an offense of truancy or 
contributing to truancy (Art. 102.014, Code of Criminal 
Procedure) . . . $20;
		(14)  cost for visual recording of intoxication arrest 
before conviction (Art. 102.018, Code of Criminal 
Procedure) . . . $15;
		(15)  cost of certain evaluations (Art. 102.018, Code 
of Criminal Procedure) . . . actual cost;
		(16)  additional costs attendant to certain 
intoxication convictions under Chapter 49, Penal Code, for 
emergency medical services, trauma facilities, and trauma care 
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
		(17)  cost for DNA testing for certain felonies (Art. 
102.020, Code of Criminal Procedure) . . . $250;
		(18)  court cost on an offense of public lewdness or 
indecent exposure (Art. 102.020, Code of Criminal 
Procedure) . . . $50;
		(19)  court cost on conviction of a misdemeanor under 
Subtitle C, Title 7, Transportation Code (Sec. 542.403, 
Transportation Code) . . . $3;
		(20)  cost for impoundment of vehicle (Sec. 601.263, 
Transportation Code) . . . $15 per day; [and]
		(21)  a civil and criminal enforcement cost on 
conviction of an offense of, or related to, the nonpayment of a toll 
in certain counties (Sec. 284.2031, Transportation Code) . . . $1; 
and
		(22)  additional costs attendant to convictions under 
Chapter 49, Penal Code, and under Sections 106.03 and 106.06, 
Alcoholic Beverage Code, for assistance in the enforcement of laws 
relating to the possession or consumption of alcohol and to the 
prevention of offenses involving the possession or consumption of 
alcohol (Art. 102.0186, Code of Criminal Procedure) . . . $100.
	SECTION 4.  (a)  Article 102.0186, Code of Criminal 
Procedure, as added by this Act, and Section 102.021, Government 
Code, as amended by this Act, apply only to an offense committed on 
or after the effective date of this Act.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.  For 
purposes of this subsection, an offense was committed before the 
effective date of this Act if any element of the offense was 
committed before that date.
	SECTION 5.  This Act takes effect September 1, 2005.