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A BILL TO BE ENTITLED
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AN ACT
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relating to the amount of the fee paid by a defendant for a peace |
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officer's services in executing or processing an arrest warrant, |
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capias, or capias pro fine. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 102.011(a), Code of Criminal Procedure, |
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as amended by Sections 20 and 21, Chapter 1263, Acts of the 80th |
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Legislature, Regular Session, 2007, is reenacted and amended to |
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read as follows: |
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(a) A defendant convicted of a felony or a misdemeanor shall |
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pay the following fees for services performed in the case by a peace |
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officer: |
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(1) $5 for issuing a written notice to appear in court |
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following the defendant's violation of a traffic law, municipal |
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ordinance, or penal law of this state, or for making an arrest |
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without a warrant; |
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(2) $75 [$50] for executing or processing an issued |
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arrest warrant, capias, or capias pro fine with the fee imposed for |
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the services of: |
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(A) the law enforcement agency that executed the |
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arrest warrant or capias, if the agency requests of the court, not |
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later than the 15th day after the date of the execution of the |
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arrest warrant or capias, the imposition of the fee on conviction; |
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or |
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(B) the law enforcement agency that processed the |
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arrest warrant or capias, if: |
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(i) the arrest warrant or capias was not |
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executed; or |
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(ii) the executing law enforcement agency |
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failed to request the fee within the period required by Paragraph |
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(A) of this subdivision; |
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(3) $5 for summoning a witness; |
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(4) $35 for serving a writ not otherwise listed in this |
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article; |
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(5) $10 for taking and approving a bond and, if |
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necessary, returning the bond to the courthouse; |
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(6) $5 for commitment or release; |
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(7) $5 for summoning a jury, if a jury is summoned; |
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and |
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(8) $8 for each day's attendance of a prisoner in a |
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habeas corpus case if the prisoner has been remanded to custody or |
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held to bail. |
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SECTION 2. The change in law made by this Act applies only |
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to a fee imposed for the execution or processing of a warrant, |
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capias, or capias pro fine issued for an offense committed on or |
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after the effective date of this Act. A fee imposed for the |
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execution or processing of a warrant, capias, or capias pro fine |
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issued for an offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |