79(R) HB 1857 - Introduced version


                                                                                

79R3873 UM-D

By:  Uresti                                                       H.B. No. 1857



A BILL TO BE ENTITLED

AN ACT

relating to costs attendant to certain child sexual assault and 
related convictions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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 CHILD 
SEXUAL ASSAULT AND RELATED CONVICTIONS.  (a)  A person convicted of 
an offense under Sections 21.11, 22.011(a)(2), 22.021(a)(1)(B), 
43.25, 43.251, or 43.26, Penal Code, shall pay $100 on conviction of 
the offense.
	(b)  Costs imposed under this article are imposed without 
regard to whether the defendant is placed on community supervision 
after being convicted of the offense or receives deferred 
adjudication for the offense.
	(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 county child 
abuse prevention fund.  A fund designated by this subsection may be 
used only to fund child abuse prevention programs in the county 
where the court is located.
	(d)  The county child abuse prevention fund shall be 
administered by or under the direction of the commissioners court.
	SECTION 2.  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;
		(16A) additional costs attendant to certain child 
sexual assault and related convictions, for child abuse prevention 
programs (Art. 102.0186, 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.
	SECTION 3.  The change in law made 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 4.  This Act takes effect September 1, 2005.