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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment and use of a juvenile delinquency |
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prevention fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 102.0171(a), (c), and (d), Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) The governing body of a municipality by ordinance or the |
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commissioners court of a county by order may create a juvenile |
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delinquency prevention fund and may require a [A] defendant who is a |
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child, as defined by Section 51.02, Family Code, and who is |
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convicted of an offense to [under Section 28.08, Penal Code, in a
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county court, county court at law, or district court shall] pay a $5 |
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juvenile delinquency prevention [graffiti eradication] fee as a |
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cost of court. |
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(c) The clerks of the respective courts shall collect the |
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costs and pay them to the county or municipal treasurer, as |
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applicable, or to any other official who discharges the duties |
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commonly delegated to the county or municipal treasurer for deposit |
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in the juvenile delinquency prevention [a] fund [to be known as the
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county juvenile delinquency prevention fund]. The juvenile |
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delinquency prevention [A] fund [designated by this subsection] may |
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be used only to: |
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(1) [repair damage caused by the commission of
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offenses under Section 28.08, Penal Code;
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[(2)] provide educational and intervention programs |
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designed to prevent juveniles [individuals] from committing |
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offenses [under Section 28.08, Penal Code]; |
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(2) [(3)] provide to the public rewards for |
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identifying and aiding in the apprehension and prosecution of |
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juvenile offenders [who commit offenses under Section 28.08, Penal
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Code]; |
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(3) [(4)] provide funding for teen recognition and |
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teen recreation programs; |
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(4) [(5)] provide funding for local teen court |
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programs; |
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(5) [(6)] provide funding for the local juvenile |
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probation department; and |
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(6) [(7)] provide educational and intervention |
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programs designed to prevent juveniles from engaging in delinquent |
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conduct. |
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(d) The [county] juvenile delinquency prevention fund shall |
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be administered by or under the direction of the commissioners |
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court or under the direction of the governing body of the |
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municipality. |
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SECTION 2. Section 54.0461, Family Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (d) to read |
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as follows: |
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(a) If a child is adjudicated as having engaged in |
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delinquent conduct [that violates Section 28.08, Penal Code], the |
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juvenile court shall order the child, parent, or other person |
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responsible for the child's support to pay to the court a $5 |
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juvenile delinquency prevention fee as a cost of court. |
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(b) The court shall deposit fees received under this section |
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to the credit of the [county] juvenile delinquency prevention fund |
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provided for under Article 102.0171, Code of Criminal Procedure. |
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(d) This section applies only if the commissioners court of |
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the county in which the juvenile court is located has created a |
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juvenile delinquency prevention fund as provided by Article |
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102.0171, Code of Criminal Procedure. |
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SECTION 3. Section 61.002(a), Family Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (b), this chapter |
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applies to a proceeding to enter a juvenile court order: |
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(1) for payment of probation fees under Section |
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54.061; |
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(2) for restitution under Sections 54.041(b) and |
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54.048; |
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(3) for payment of juvenile delinquency prevention |
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[graffiti eradication] fees under Section 54.0461; |
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(4) for community service under Section 54.044(b); |
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(5) for payment of costs of court under Section |
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54.0411 or other provisions of law; |
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(6) requiring the person to refrain from doing any act |
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injurious to the welfare of the child under Section 54.041(a)(1); |
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(7) enjoining contact between the person and the child |
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who is the subject of a proceeding under Section 54.041(a)(2); |
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(8) ordering a person living in the same household |
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with the child to participate in counseling under Section |
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54.041(a)(3); |
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(9) requiring a parent or guardian of a child found to |
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be truant to participate in an available program addressing truancy |
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under Section 54.041(f); |
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(10) requiring a parent or other eligible person to |
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pay reasonable attorney's fees for representing the child under |
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Section 51.10(e); |
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(11) requiring the parent or other eligible person to |
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reimburse the county for payments the county has made to an attorney |
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appointed to represent the child under Section 51.10(j); |
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(12) requiring payment of deferred prosecution |
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supervision fees under Section 53.03(d); |
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(13) requiring a parent or other eligible person to |
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attend a court hearing under Section 51.115; |
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(14) requiring a parent or other eligible person to |
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act or refrain from acting to aid the child in complying with |
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conditions of release from detention under Section 54.01(r); or |
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(15) requiring a parent or other eligible person to |
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act or refrain from acting under any law imposing an obligation of |
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action or omission on a parent or other eligible person because of |
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the parent's or person's relation to the child who is the subject of |
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a proceeding under this title. |
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SECTION 4. Subchapter C, Chapter 102, Government Code, is |
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amended by amending Section 102.041 and adding Section 102.042 to |
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read as follows: |
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Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN |
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DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a district |
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court shall collect fees and costs under the Code of Criminal |
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Procedure on conviction of a defendant as follows: |
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(1) a jury fee (Art. 102.004, Code of Criminal |
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Procedure) . . . $20; |
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(2) a fee for clerk of the court services (Art. |
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102.005, Code of Criminal Procedure) . . . $40; |
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(3) a records management and preservation services fee |
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(Art. 102.005, Code of Criminal Procedure) . . . $25; |
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(4) a security fee on a felony offense (Art. 102.017, |
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Code of Criminal Procedure) . . . $5; |
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(5) a security fee on a misdemeanor offense (Art. |
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102.017, Code of Criminal Procedure) . . . $3; and |
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(6) a juvenile delinquency prevention [graffiti
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eradication] fee (Art. 102.0171, Code of Criminal Procedure) . . . |
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$5.[; and] |
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Sec. 102.042. ADDITIONAL COURT COSTS ON CONVICTION IN |
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DISTRICT COURT: HUMAN RESOURCES CODE. The clerk of a district court |
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shall collect from a defendant [(7)] a court cost of $4 under |
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Section 152.0522, Human Resources Code, on conviction in Comal |
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County [(Sec. 152.0522, Human Resources Code) ... $4]. |
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SECTION 5. Subchapter D, Chapter 102, Government Code, is |
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amended by reenacting and amending Section 102.061, as amended by |
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Chapters 804 and 949, Acts of the 79th Legislature, Regular |
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Session, 2005, and adding Section 102.062 to read as follows: |
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Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN |
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STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a |
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statutory county court shall collect fees and costs under the Code |
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of Criminal Procedure on conviction of a defendant as follows: |
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(1) a jury fee (Art. 102.004, Code of Criminal |
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Procedure) . . . $20; |
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(2) a fee for services of the clerk of the court (Art. |
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102.005, Code of Criminal Procedure) . . . $40; |
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(3) a records management and preservation services fee |
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(Art. 102.005, Code of Criminal Procedure) . . . $25; |
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(4) a security fee on a misdemeanor offense (Art. |
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102.017, Code of Criminal Procedure) . . . $3; |
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(5) a juvenile delinquency prevention [graffiti
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eradication] fee (Art. 102.0171, Code of Criminal |
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Procedure) . . . $5; and |
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(6) [a court cost on conviction in Comal County (Sec.
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152.0522, Human Resources Code) . . . $4.
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[(7)] a juvenile case manager fee (Art. 102.0174, Code |
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of Criminal Procedure) . . . not to exceed $5. |
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Sec. 102.062. ADDITIONAL COURT COSTS ON CONVICTION IN |
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STATUTORY COUNTY COURT: HUMAN RESOURCES CODE. The clerk of a |
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statutory county court shall collect from a defendant a court cost |
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of $4 under Section 152.0522, Human Resources Code, on conviction |
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in Comal County. |
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SECTION 6. Section 102.081, Government Code, is amended to |
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read as follows: |
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Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN |
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COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county |
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court shall collect fees and costs under the Code of Criminal |
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Procedure on conviction of a defendant as follows: |
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(1) a jury fee (Art. 102.004, Code of Criminal |
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Procedure) . . . $20; |
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(2) a fee for clerk of the court services (Art. |
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102.005, Code of Criminal Procedure) . . . $40; |
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(3) a records management and preservation services fee |
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(Art. 102.005, Code of Criminal Procedure) . . . $25; |
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(4) a security fee on a misdemeanor offense (Art. |
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102.017, Code of Criminal Procedure) . . . $3; |
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(5) a juvenile delinquency prevention [graffiti
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eradication] fee (Art. 102.0171, Code of Criminal |
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Procedure) . . . $5; and |
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(6) a juvenile case manager fee (Art. 102.0174, Code |
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of Criminal Procedure) . . . not to exceed $5. |
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SECTION 7. The change in law made by this Act applies only |
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to conduct that occurs on or after the effective date of this Act. |
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Conduct violating the penal law of this state occurs on or after the |
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effective date of this Act if any element of the violation occurs on |
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or after that date. Conduct that occurs before the effective date |
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of this Act is governed by the law in effect at the time the conduct |
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occurred, and that law is continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2007. |