|
|
|
|
AN ACT
|
|
relating to certain costs used to fund drug court programs. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 102.0178(a), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(a) In addition to other costs on conviction imposed by this |
|
chapter, a person shall pay $60 [$50] as a court cost on conviction |
|
of an offense punishable as a Class B misdemeanor or any higher |
|
category of offense under: |
|
(1) Chapter 49, Penal Code; or |
|
(2) Chapter 481, Health and Safety Code. |
|
SECTION 2. (a) Section 102.021, Government Code, is |
|
amended to conform to Chapter 1263 (H.B. 3060), Acts of the 80th |
|
Legislature, Regular Session, 2007, and is further amended to read |
|
as follows: |
|
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL |
|
PROCEDURE. A person convicted of an offense shall pay the following |
|
under the Code of Criminal Procedure, in addition to all other |
|
costs: |
|
(1) court cost on conviction of any offense, other |
|
than a conviction of an offense relating to a pedestrian or the |
|
parking of a motor vehicle (Art. 102.0045, Code of Criminal |
|
Procedure) . . . $4; |
|
(2) a fee for services of prosecutor (Art. 102.008, |
|
Code of Criminal Procedure) . . . $25; |
|
(3) 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, or capias pro fine (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; |
|
(4) 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; |
|
(5) 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; |
|
(6) 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; |
|
(7) court costs on an offense of passing a school bus |
|
(Art. 102.014, Code of Criminal Procedure) . . . $25; |
|
(8) court costs on an offense of truancy or |
|
contributing to truancy (Art. 102.014, Code of Criminal Procedure) |
|
. . . $20; |
|
(9) cost for visual recording of intoxication arrest |
|
before conviction (Art. 102.018, Code of Criminal Procedure) . . . |
|
$15; |
|
(10) cost of certain evaluations (Art. 102.018, Code |
|
of Criminal Procedure) . . . actual cost; |
|
(11) 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; |
|
(12) additional costs attendant to certain child |
|
sexual assault and related convictions, for child abuse prevention |
|
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100; |
|
(13) cost for DNA testing for certain felonies (Art. |
|
102.020, Code of Criminal Procedure) . . . $250; |
|
(14) court cost on an offense of public lewdness or |
|
indecent exposure (Art. 102.020, Code of Criminal Procedure) . . . |
|
$50; |
|
(15) if required by the court, a restitution fee for |
|
costs incurred in collecting restitution installments and for the |
|
compensation to victims of crime fund (Art. 42.037, Code of |
|
Criminal Procedure) . . . $12; [and] |
|
(16) if directed by the justice of the peace or |
|
municipal court judge hearing the case, court costs on conviction |
|
in a criminal action (Art. 45.041, Code of Criminal Procedure) |
|
. . . part or all of the costs as directed by the judge; and |
|
(17) costs attendant to convictions under Chapter 49, |
|
Penal Code, and under Chapter 481, Health and Safety Code, to help |
|
fund drug court programs established under Chapter 469, Health and |
|
Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $60. |
|
(b) Section 102.0215, Government Code, is repealed. |
|
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, 2009. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 666 was passed by the House on April |
|
22, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not |
|
voting; that the House refused to concur in Senate amendments to |
|
H.B. No. 666 on May 29, 2009, and requested the appointment of a |
|
conference committee to consider the differences between the two |
|
houses; and that the House adopted the conference committee report |
|
on H.B. No. 666 on May 31, 2009, by the following vote: Yeas 143, |
|
Nays 0, 1 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 666 was passed by the Senate, with |
|
amendments, on May 25, 2009, by the following vote: Yeas 31, Nays |
|
0; at the request of the House, the Senate appointed a conference |
|
committee to consider the differences between the two houses; and |
|
that the Senate adopted the conference committee report on H.B. No. |
|
666 on May 31, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |