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A BILL TO BE ENTITLED
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AN ACT
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relating to a victim-offender mediation program administered by |
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certain juvenile boards. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 102, Code of Criminal |
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Procedure, is amended by adding Article 102.0175 to read as |
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follows: |
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Art. 102.0175. COURT COSTS; JUVENILE VICTIM-OFFENDER |
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MEDIATION FUND. (a) This section applies only to a county that has |
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a population of at least 100,000. |
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(b) The commissioners court of a county to which this |
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section applies by order may create a juvenile board |
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victim-offender mediation fund and may require a defendant |
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convicted of an offense in a county court or a statutory county |
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court to pay a juvenile victim-offender mediation fee not to exceed |
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$5 as a cost of court. |
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(c) In this article, a person is considered convicted if: |
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(1) a sentence is imposed on the defendant; |
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(2) the defendant receives community supervision, |
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including deferred adjudication; or |
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(3) the court defers final disposition of the person's |
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case. |
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(d) The clerks of the respective courts shall collect the |
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costs and pay them to the county treasurer or to any other official |
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who discharges the duties commonly delegated to the county |
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treasurer for deposit in the juvenile victim-offender mediation |
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fund. |
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(e) A fund created under this section may be used only to |
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finance a victim-offender mediation program established under |
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Section 53.09, Family Code. |
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(f) The juvenile victim-offender mediation fund must be |
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administered by or under the direction of the commissioners court |
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of the county. |
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SECTION 2. Chapter 53, Family Code, is amended by adding |
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Section 53.09 to read as follows: |
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Sec. 53.09. VICTIM-OFFENDER MEDIATION. (a) This section |
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applies only to: |
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(1) a juvenile board and juvenile court of a county |
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that has a population of at least 100,000; and |
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(2) a child who is alleged to have engaged in |
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delinquent conduct or conduct indicating a need for supervision |
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that constitutes a nonviolent property offense as defined by Texas |
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Juvenile Probation Commission rule. |
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(b) The Texas Juvenile Probation Commission by rule shall |
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establish guidelines for victim-offender mediation programs to be |
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administered by juvenile boards to which this section applies. A |
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juvenile board to which this section applies shall implement and |
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administer a victim-offender mediation program in accordance with |
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the guidelines adopted by the Texas Juvenile Probation Commission. |
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A juvenile court to which this section applies is required to inform |
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a victim of conduct to which this section applies of the victim's |
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right to request victim-offender mediation. |
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(c) Under a victim-offender mediation program, a victim of |
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conduct to which this section applies may request mediation with |
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the child who is alleged to have engaged in the delinquent conduct |
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or conduct indicating a need for supervision. If the child agrees |
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to participate in the victim-offender mediation and successfully |
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completes the terms of any agreement reached during the mediation, |
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the child is not subject to an adjudication hearing under Section |
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54.03. |
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(d) Any agreement reached between the victim and the child |
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during victim-offender mediation is binding and enforceable by the |
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juvenile court. If an agreement is not reached between the victim |
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and the child or if the child does not successfully complete the |
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terms of the agreement, as determined by the juvenile court, the |
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child is subject to an adjudication hearing under Section 54.03. |
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SECTION 3. Section 57.002(a), Family Code, is amended to |
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read as follows: |
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(a) A victim, guardian of a victim, or close relative of a |
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deceased victim is entitled to the following rights within the |
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juvenile justice system: |
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(1) the right to receive from law enforcement agencies |
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adequate protection from harm and threats of harm arising from |
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cooperation with prosecution efforts; |
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(2) the right to have the court or person appointed by |
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the court take the safety of the victim or the victim's family into |
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consideration as an element in determining whether the child should |
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be detained before the child's conduct is adjudicated; |
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(3) the right, if requested, to be informed of |
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relevant court proceedings, including appellate proceedings, and |
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to be informed in a timely manner if those court proceedings have |
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been canceled or rescheduled; |
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(4) the right to be informed, when requested, by the |
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court or a person appointed by the court concerning the procedures |
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in the juvenile justice system, including general procedures |
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relating to: |
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(A) the preliminary investigation and deferred |
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prosecution of a case; and |
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(B) the appeal of the case; |
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(5) the right to provide pertinent information to a |
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juvenile court conducting a disposition hearing concerning the |
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impact of the offense on the victim and the victim's family by |
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testimony, written statement, or any other manner before the court |
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renders its disposition; |
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(6) the right to receive information regarding |
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compensation to victims as provided by Subchapter B, Chapter 56, |
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Code of Criminal Procedure, including information related to the |
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costs that may be compensated under that subchapter and the amount |
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of compensation, eligibility for compensation, and procedures for |
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application for compensation under that subchapter, the payment of |
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medical expenses under Section 56.06, Code of Criminal Procedure, |
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for a victim of a sexual assault, and when requested, to referral to |
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available social service agencies that may offer additional |
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assistance; |
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(7) the right to be informed, upon request, of |
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procedures for release under supervision or transfer of the person |
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to the custody of the pardons and paroles division of the Texas |
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Department of Criminal Justice for parole, to participate in the |
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release or transfer for parole process, to be notified, if |
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requested, of the person's release, escape, or transfer for parole |
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proceedings concerning the person, to provide to the Texas Youth |
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Commission for inclusion in the person's file information to be |
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considered by the commission before the release under supervision |
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or transfer for parole of the person, and to be notified, if |
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requested, of the person's release or transfer for parole; |
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(8) the right to be provided with a waiting area, |
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separate or secure from other witnesses, including the child |
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alleged to have committed the conduct and relatives of the child, |
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before testifying in any proceeding concerning the child, or, if a |
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separate waiting area is not available, other safeguards should be |
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taken to minimize the victim's contact with the child and the |
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child's relatives and witnesses, before and during court |
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proceedings; |
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(9) the right to prompt return of any property of the |
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victim that is held by a law enforcement agency or the attorney for |
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the state as evidence when the property is no longer required for |
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that purpose; |
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(10) the right to have the attorney for the state |
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notify the employer of the victim, if requested, of the necessity of |
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the victim's cooperation and testimony in a proceeding that may |
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necessitate the absence of the victim from work for good cause; |
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(11) the right to be present at all public court |
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proceedings related to the conduct of the child as provided by |
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Section 54.08, subject to that section; [and] |
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(12) to the extent that Section 53.09 is applicable, |
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the right to request victim-offender mediation under that section; |
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and |
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(13) any other right appropriate to the victim that a |
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victim of criminal conduct has under Article 56.02, Code of |
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Criminal Procedure. |
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SECTION 4. Section 102.061, Government Code, as amended by |
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Chapters 804 and 949, Acts of the 79th Legislature, Regular |
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Session, 2005, is reenacted and amended to read as follows: |
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Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN |
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STATUTORY COUNTY COURT. The clerk of a statutory county court shall |
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collect fees and costs 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 graffiti eradication fee (Art. 102.0171, Code of |
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Criminal 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) . . . $5; and |
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(8) in a county that has a population of at least |
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100,000, a juvenile victim-offender mediation fee (Art. 102.0175, |
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Code of Criminal Procedure) . . . not to exceed $5. |
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SECTION 5. 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. The clerk of a county court shall collect fees and |
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costs 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 graffiti eradication fee (Art. 102.0171, Code of |
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Criminal Procedure) . . . $5; [and] |
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(6) a juvenile case manager fee (Art. 102.0174, Code |
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of Criminal Procedure) . . . $5; and |
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(7) in a county that has a population of at least |
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100,000, a juvenile victim-offender mediation fee (Art. 102.0175, |
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Code of Criminal Procedure) . . . not to exceed $5. |
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SECTION 6. (a) Not later than December 1, 2007, the Texas |
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Juvenile Probation Commission shall establish guidelines for |
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victim-offender mediation programs as required by Section 53.09, |
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Family Code, as added by this Act. |
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(b) The change in law made by Section 53.09, Family Code, as |
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added by this Act, applies only to conduct that occurs on or after |
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January 1, 2008. Conduct that occurs before January 1, 2008, is |
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governed by the law in effect when the conduct occurred, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, conduct occurs before January 1, 2008, if any element |
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of the violation occurs before that date. |
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SECTION 7. (a) Article 102.0175, Code of Criminal |
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Procedure, as added by this Act, applies only to an offense |
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committed on or after the effective date of this Act. For purposes |
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of this section, an offense is committed before the effective date |
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of this Act if any element of the offense occurs before that date. |
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(b) An offense committed before the effective date of this |
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Act is governed by the law in effect at the time the offense was |
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committed, and the former law is continued in effect for that |
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purpose. |
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SECTION 8. This Act takes effect September 1, 2007. |