79(R) HB 1290 - Introduced version


                                                                                

79R6209 MFC-D

By:  Flynn                                                        H.B. No. 1290



A BILL TO BE ENTITLED

AN ACT

relating to imposing a cost on conviction to reimburse counties for 
medical expenses incurred by jail inmates.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 102, Code of Criminal 
Procedure, is amended by adding Article 102.022 to read as follows:
	Art. 102.022.  COSTS ON CONVICTION TO REIMBURSE INMATE 
MEDICAL EXPENSES.  (a)  A defendant convicted of an offense in a 
justice court, county court, county court at law, district court, 
or municipal court shall pay a $3 fee as a cost of court.
	(b)  In this article, a person is considered convicted if:              
		(1)  a sentence is imposed on the person;                              
		(2)  the person receives community supervision, 
including deferred adjudication; or
		(3)  the court defers final disposition of the person's 
case.        
	(c)  The clerks of the respective courts shall collect the 
costs and pay them to the county treasurer or to any other official 
who discharges the duties commonly delegated to the county 
treasurer for deposit in a fund to be known as the inmate medical 
expense fund.  A fund designated by this subsection may be used only 
to reimburse the county or a hospital district for medical, dental, 
or other health-care-related services provided to inmates of the 
county jail.
	(d)  The inmate medical expense fund shall be administered by 
or under the direction of the commissioners court.
	(e)  During the first month of the county's fiscal year, the 
commissioners court shall determine if the amount of fees collected 
under this article in the preceding year exceeded the actual 
expenses incurred for inmate medical care.  Any excess fees 
collected during the previous year shall be allocated to the 
county's general revenue fund.
	SECTION 2.  Section 102.041, Government Code, is amended to 
read as follows: 
	Sec. 102.041.  ADDITIONAL COURT COSTS ON CONVICTION IN 
DISTRICT COURT.  The clerk of a district court shall collect fees 
and costs on conviction of a defendant as follows:
		(1)  a jury fee (Art. 102.004, Code of Criminal 
Procedure) . . . $20;       
		(2)  a fee for clerk of the court services (Art. 
102.005, Code of Criminal Procedure) . . . $40;
		(3)  a records management and preservation services fee 
(Art. 102.005, Code of Criminal Procedure) . . . $20;
		(4)  a security fee on a felony offense (Art. 102.017, 
Code of Criminal Procedure) . . . $5;
		(5)  a security fee on a misdemeanor offense (Art. 
102.017, Code of Criminal Procedure) . . . $3;
		(6)  a graffiti eradication fee (Art. 102.0171, Code of 
Criminal Procedure) . . . $5;
		(6A)  a medical expenses reimbursement fee (Art. 
102.022, Code of Criminal Procedure) . . . $3; and
		(7)  a court cost on conviction in Comal County (Sec. 
152.0522, Human Resources Code) . . . $4.
	SECTION 3.  Section 102.061, Government Code, is amended to 
read as follows: 
	Sec. 102.061.  ADDITIONAL COURT COSTS ON CONVICTION IN 
STATUTORY COUNTY COURT.  The clerk of a statutory county court shall 
collect fees and costs on conviction of a defendant as follows:
		(1)  a jury fee (Art. 102.004, Code of Criminal 
Procedure) . . . $20;       
		(2)  a fee for services of the clerk of the court (Art. 
102.005, Code of Criminal Procedure) . . . $40;
		(3)  a records management and preservation services fee 
(Art. 102.005, Code of Criminal Procedure) . . . $20;
		(4)  a security fee on a misdemeanor offense (Art. 
102.017, Code of Criminal Procedure) . . . $3;
		(5)  a graffiti eradication fee (Art. 102.0171, Code of 
Criminal Procedure) . . . $5;
		(5A)  a medical expenses reimbursement fee (Art. 
102.022, Code of Criminal Procedure) . . . $3; and
		(6)  a court cost on conviction in Comal County (Sec. 
152.0522, Human Resources Code) . . . $4.
	SECTION 4.  Section 102.081, Government Code, is amended to 
read as follows: 
	Sec. 102.081.  ADDITIONAL COURT COSTS ON CONVICTION IN 
COUNTY COURT.  The clerk of a county court shall collect fees and 
costs on conviction of a defendant as follows:
		(1)  a jury fee (Art. 102.004, Code of Criminal 
Procedure) . . . $20;       
		(2)  a fee for clerk of the court services (Art. 
102.005, Code of Criminal Procedure) . . . $40;
		(3)  a records management and preservation services fee 
(Art. 102.005, Code of Criminal Procedure) . . . $20;
		(4)  a security fee on a misdemeanor offense (Art. 
102.017, Code of Criminal Procedure) . . . $3; [and]
		(5)  a graffiti eradication fee (Art. 102.0171, Code of 
Criminal Procedure) . . . $5; and
		(6)  a medical expenses reimbursement fee (Art. 
102.022, Code of Criminal Procedure) . . . $3.
	SECTION 5.  Section 102.101, Government Code, is amended to 
read as follows: 
	Sec. 102.101.  ADDITIONAL COURT COSTS ON CONVICTION IN 
JUSTICE COURT.  A clerk of a justice court shall collect fees and 
costs on conviction of a defendant as follows:
		(1)  a jury fee (Art. 102.004, Code of Criminal 
Procedure) . . . $3;        
		(2)  a fee for withdrawing request for jury less than 24 
hours before time of trial (Art. 102.004, Code of Criminal 
Procedure) . . . $3;
		(3)  a jury fee for two or more defendants tried jointly 
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of 
$3;
		(4)  a security fee on a misdemeanor offense (Art. 
102.017, Code of Criminal Procedure) . . . $3;
		(5)  a fee for technology fund on a misdemeanor offense 
(Art. 102.0173, Code of Criminal Procedure) . . . not to exceed $4;
		(5A)  a medical expenses reimbursement fee (Art. 
102.022, Code of Criminal Procedure) . . . $3; and
		(6)  a court cost on conviction in Comal County (Sec. 
152.0522, Human Resources Code) . . . $1.50.
	SECTION 6.  Section 102.121, Government Code, is amended to 
read as follows: 
	Sec. 102.121.  ADDITIONAL COURT COSTS ON CONVICTION IN 
MUNICIPAL COURT.  The clerk of a municipal court shall collect fees 
and costs on conviction of a defendant as follows:
		(1)  a jury fee (Art. 102.004, Code of Criminal 
Procedure) . . . $3;        
		(2)  a fee for withdrawing request for jury less than 24 
hours before time of trial (Art. 102.004, Code of Criminal 
Procedure) . . . $3;
		(3)  a jury fee for two or more defendants tried jointly 
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of 
$3;
		(4)  a security fee on a misdemeanor offense (Art. 
102.017, Code of Criminal Procedure) . . . $3; [and]
		(5)  a fee for technology fund on a misdemeanor offense 
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4; 
and
		(6)  a medical expenses reimbursement fee (Art. 
102.022, Code of Criminal Procedure) . . . $3.
	SECTION 7.  The imposition of a cost of court under Article 
102.022, Code of Criminal Procedure, as added by this Act, applies 
only to an offense committed on or after the effective date of this 
Act.  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 section, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.
	SECTION 8.  This Act takes effect September 1, 2005.