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A BILL TO BE ENTITLED
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AN ACT
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relating to a fee on conviction after a custodial arrest. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 133, Local Government |
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Code, is amended by adding Section 133.106 to read as follows: |
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Sec. 133.106. CUSTODIAL ARREST FEE. (a) A person |
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convicted of any offense after a custodial arrest by a county or |
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municipal peace officer shall pay as a court cost, in addition to |
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all other costs, a fee of $25 to be used for law enforcement |
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purposes. |
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(b) If the officer who arrested the defendant was a |
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municipal peace officer and the defendant was convicted in a |
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municipal court, the treasurer of the municipality shall deposit |
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$20 in the general fund of the municipality to be used for law |
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enforcement purposes and remit the remainder of the fee to the |
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county in which the arrest took place. The treasurer of the county |
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shall deposit the remittance in the general fund of the county to be |
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used for law enforcement purposes. |
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(c) If the officer who arrested the defendant was a |
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municipal peace officer and the defendant was convicted in a |
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justice, county, statutory county, or district court, the treasurer |
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of the county shall deposit $5 in the general fund of the county to |
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be used for law enforcement purposes and remit the remainder of the |
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fee to the municipality that employed the arresting officer. The |
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treasurer of the municipality shall deposit the remittance in the |
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general fund of the municipality to be used for law enforcement |
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purposes. |
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(d) If the officer who arrested the defendant was a county |
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peace officer and the defendant was convicted in a justice, county, |
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statutory county, or district court, the treasurer of the county |
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shall deposit the fee in the general fund of the county to be used |
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for law enforcement purposes. |
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SECTION 2. Subchapter B, Chapter 102, Government Code, is |
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amended by adding Section 102.0211 to read as follows: |
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Sec. 102.0211. COURT COSTS ON CONVICTION. A person |
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convicted of an offense shall pay, in addition to all other costs, |
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court costs on conviction after a custodial arrest by a county or |
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municipal peace officer (Sec. 133.106, Local Government |
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Code) . . . $25. |
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SECTION 3. The change in law made by this Act applies only |
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to a custodial arrest that takes place on or after the effective |
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date of this Act. An arrest that took place before the effective |
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date of this Act is covered by the law in effect when the arrest took |
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place, and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |