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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.