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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 81st Legislature, Regular Session, 2009, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on House Bill 1506 (the imposition of |
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conditions on certain defendants charged with an offense involving |
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family violence) to consider and take action on the following |
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matter: |
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House Rule 13, Sections 9(a)(2), (3), and (4), are suspended |
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to permit the committee to omit Subsection (h), Article 17.49, Code |
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of Criminal Procedure, as added by the senate and house versions of |
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the bill, and to add new Subsections (h) and (i), Article 17.49, |
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Code of Criminal Procedure, to read as follows: |
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(h) If the magistrate determines that a defendant is |
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indigent, the magistrate may, based on a sliding scale established |
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by local rule, require the defendant to pay costs under Subsection |
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(b)(2) or (3) in an amount that is less than the full amount of the |
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costs associated with operating the global positioning monitoring |
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system in relation to the defendant or providing the victim with an |
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electronic receptor device. |
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(i) If an indigent defendant pays to an entity that operates |
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a global positioning monitoring system the partial amount ordered |
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by a magistrate under Subsection (h), the entity shall accept the |
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partial amount as payment in full. The county in which the |
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magistrate who enters an order under Subsection (h) is located is |
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not responsible for payment of any costs associated with operating |
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the global positioning monitoring system in relation to an indigent |
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defendant. |
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Explanation: This change is necessary to remove a provision |
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allowing an indigent defendant to perform community supervision in |
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lieu of paying certain costs and to add provisions to allow a |
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magistrate, without obligating the county to pay any of the costs, |
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to require an indigent defendant to pay less than the full costs |
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associated with operating a global positioning monitoring system in |
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relation to the defendant or with providing an electronic receptor |
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device to the victim of the offense committed by the defendant. |