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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the county and district court |
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technology fund; imposing a fee. |
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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 102.0169 to read as |
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follows: |
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Art. 102.0169. COURT COSTS; COUNTY AND DISTRICT COURT |
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TECHNOLOGY FUND. (a) A defendant convicted of a criminal offense in |
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a county court, statutory county court, or district court shall pay |
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a $4 county and district court technology fee as a cost of court. |
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(b) In this article, a person is considered convicted if: |
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(1) a sentence is imposed on the person; |
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(2) the person 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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(c) The clerks of the courts described by Subsection (a) |
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shall collect the costs and pay them to the county treasurer or to |
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any other official who discharges the duties commonly delegated to |
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the county treasurer, as appropriate, for deposit in a fund to be |
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known as the county and district court technology fund. |
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(d) A fund designated by this article may be used only to |
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finance: |
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(1) the cost of continuing education and training for |
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county court, statutory county court, or district court judges and |
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clerks regarding technological enhancements for those courts; and |
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(2) the purchase and maintenance of technological |
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enhancements for a county court, statutory county court, or |
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district court, including: |
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(A) computer systems; |
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(B) computer networks; |
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(C) computer hardware; |
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(D) computer software; |
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(E) imaging systems; |
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(F) electronic kiosks; and |
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(G) docket management systems. |
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(e) The county and district court technology fund shall 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. (a) Section 102.041, Government Code, as |
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amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, |
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Regular Session, 2007, is amended to conform to the amendments made |
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by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular |
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Session, 2007, to Section 102.041, Government Code, and is further |
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amended to 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 county and district court technology fee (Art. |
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102.0169, Code of Criminal Procedure). . .$4; |
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(5) a security fee on a felony offense (Art. 102.017, |
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Code of Criminal Procedure) . . . $5; |
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(6) [(5)] a security fee on a misdemeanor offense |
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(Art. 102.017, Code of Criminal Procedure) . . . $3; and |
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(7) [(6)] a juvenile delinquency prevention and |
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graffiti eradication fee (Art. 102.0171, Code of Criminal |
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Procedure) . . . $50 [$5]. |
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(b) Section 102.041, Government Code, as amended by Chapter |
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1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, |
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2007, is repealed. Section 102.041, Government Code, as amended by |
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Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular |
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Session, 2007, to reorganize and renumber that section, continues |
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in effect as further amended by this section. |
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SECTION 3. (a) Section 102.061, Government Code, as |
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reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th |
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Legislature, Regular Session, 2007, is amended to conform to the |
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amendments made to Section 102.061, Government Code, by Chapter |
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1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, |
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2007, and is further 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: 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 county and district court technology fee (Art. |
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102.0169, Code of Criminal Procedure). . .$4; |
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(5) a security fee on a misdemeanor offense (Art. |
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102.017, Code of Criminal Procedure) . . . $3; |
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(6) [(5)] a juvenile delinquency prevention and |
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graffiti eradication fee (Art. 102.0171, Code of Criminal |
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Procedure) . . . $50 [$5]; and |
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(7) [(6)] a juvenile case manager fee (Art. 102.0174, |
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Code of Criminal Procedure) . . . not to exceed $5. |
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(b) Section 102.061, Government Code, as amended by Chapter |
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1053, Acts of the 80th Legislature, Regular Session, 2007, is |
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repealed. Section 102.061, Government Code, as reenacted and |
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amended by Chapter 921, Acts of the 80th Legislature, Regular |
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Session, 2007, to reorganize and renumber that section, continues |
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in effect as further amended by this section. |
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SECTION 4. (a) Section 102.081, Government Code, as |
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amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, |
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Regular Session, 2007, is amended to conform to the amendments made |
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to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151), |
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Acts of the 80th Legislature, Regular Session, 2007, and is further |
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amended to 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 county and district court technology fee (Art. |
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102.0169, Code of Criminal Procedure). . .$4; |
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(5) a security fee on a misdemeanor offense (Art. |
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102.017, Code of Criminal Procedure) . . . $3; |
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(6) [(5)] a juvenile delinquency prevention and |
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graffiti eradication fee (Art. 102.0171, Code of Criminal |
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Procedure) . . . $50 [$5]; and |
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(7) [(6)] a juvenile case manager fee (Art. 102.0174, |
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Code of Criminal Procedure) . . . not to exceed $5. |
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(b) Section 102.081, Government Code, as amended by Chapter |
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1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, |
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2007, is repealed. Section 102.081, Government Code, as amended by |
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Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular |
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Session, 2007, to reorganize and renumber that section, continues |
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in effect as further amended by this section. |
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SECTION 5. The change in law made by this Act applies only |
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to a cost on conviction for an offense committed on or after the |
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effective date of this Act. A cost on conviction for an offense |
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committed before the effective date of this Act is covered by the |
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law in effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2009. |