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A BILL TO BE ENTITLED
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AN ACT
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relating to court costs imposed on conviction and deposited to the |
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appropriate courthouse security fund or court building security |
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fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 102.017(a) and (b), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) A defendant convicted of a felony offense in a district |
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court shall pay a $10 [$5] security fee as a cost of court. |
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(b) A defendant convicted of a misdemeanor offense in a |
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county court, county court at law, or district court shall pay an $8 |
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[a $3] security fee as a cost of court. A defendant convicted of a |
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misdemeanor offense in a justice court shall pay a $9 [$4] security |
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fee as a cost of court. The governing body of a municipality by |
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ordinance may create a municipal court building security fund and |
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may require a defendant convicted of a misdemeanor offense in a |
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municipal court to pay an $8 [a $3] security fee as a cost of court. |
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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, to read as |
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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 security fee on a felony offense (Art. 102.017, |
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Code of Criminal Procedure) . . . $10 [$5]; |
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(5) a security fee on a misdemeanor offense (Art. |
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102.017, Code of Criminal Procedure) . . . $8 [$3]; and |
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(6) a juvenile delinquency prevention and graffiti |
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eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . |
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$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. Section 102.101, Government Code, is amended to |
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read as follows: |
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Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN |
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JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice |
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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) . . . $3; |
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(2) a fee for withdrawing request for jury less than 24 |
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hours before time of trial (Art. 102.004, Code of Criminal |
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Procedure) . . . $3; |
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(3) a jury fee for two or more defendants tried jointly |
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(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of |
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$3; |
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(4) a security fee on a misdemeanor offense |
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(Art. 102.017, Code of Criminal Procedure) . . . $9 [$4]; |
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(5) a fee for technology fund on a misdemeanor offense |
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(Art. 102.0173, Code of Criminal Procedure) . . . $4; |
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(6) a juvenile case manager fee (Art. 102.0174, Code |
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of Criminal Procedure) . . . not to exceed $5; |
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(7) a fee on conviction of certain offenses involving |
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issuing or passing a subsequently dishonored check (Art. 102.0071, |
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Code of Criminal Procedure) . . . not to exceed $30; and |
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(8) a court cost on conviction of a Class C misdemeanor |
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in a county with a population of 3.3 million or more, if authorized |
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by the county commissioners court (Art. 102.009, Code of Criminal |
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Procedure) . . . not to exceed $7. |
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SECTION 4. Section 102.121, Government Code, is amended to |
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read as follows: |
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Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN |
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MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a |
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municipal court shall collect fees and costs on conviction of a |
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defendant as follows: |
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(1) a jury fee (Art. 102.004, Code of Criminal |
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Procedure) . . . $3; |
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(2) a fee for withdrawing request for jury less than 24 |
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hours before time of trial (Art. 102.004, Code of Criminal |
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Procedure) . . . $3; |
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(3) a jury fee for two or more defendants tried jointly |
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(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of |
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$3; |
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(4) a security fee on a misdemeanor offense |
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(Art. 102.017, Code of Criminal Procedure) . . . $8 [$3]; |
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(5) a fee for technology fund on a misdemeanor offense |
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(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4; |
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and |
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(6) a juvenile case manager fee (Art. 102.0174, Code |
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of Criminal Procedure) . . . not to exceed $5. |
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SECTION 5. The change in law made by this Act applies only |
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to court costs imposed on conviction of an offense committed on or |
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after the effective date of this Act. For purposes of this section, |
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an offense is committed before the effective date of this Act if any |
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element of the offense occurs before that date. Court costs imposed |
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on conviction of an offense committed before the effective date of |
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this Act are governed by the law in effect on the date the offense |
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was committed, and the former law is continued in effect for that |
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purpose. |
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SECTION 6. This Act takes effect September 1, 2009. |