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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the governing body of a municipality to |
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create a municipal court equal justice and education fund and to |
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require certain defendants to pay court costs for deposit in the |
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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. Subchapter A, Chapter 102, Code of Criminal |
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Procedure, is amended by adding Article 102.0175 to read as |
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follows: |
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Art. 102.0175. COURT COSTS; MUNICIPAL COURT EQUAL JUSTICE |
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AND EDUCATION FUND. (a) The governing body of a municipality by |
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ordinance may create a municipal court equal justice and education |
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fund and may require a defendant convicted of a misdemeanor offense |
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in a municipal court or municipal court of record to pay a $1 equal |
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justice and education fee as a cost of court for deposit in the |
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fund. |
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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; or |
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(2) the court defers final disposition of the person's |
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case. |
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(c) The municipal court clerk shall collect the costs and |
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pay the funds to the municipal treasurer, or to any other official |
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who discharges the duties commonly delegated to the municipal |
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treasurer, for deposit in a fund to be known as the municipal court |
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equal justice and education 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 purchase of services, materials, or equipment |
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for a municipal court or municipal court of record to provide equal |
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justice for individuals involved in the justice system, including |
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the purchase of: |
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(A) interpreter services; |
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(B) mental health and counseling services; or |
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(C) modifications to municipal court buildings |
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and other accommodations for individuals with disabilities; |
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(2) the appointment of an attorney for an indigent |
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defendant; or |
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(3) the education of municipal court judges and |
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municipal court support personnel, including the payment of |
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tuition, conference fees, and travel expenses incurred for |
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educational purposes. |
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(e) The municipal court equal justice and education fund |
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shall be administered by or under the direction of the governing |
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body of the municipality. |
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(f) The presiding judge of the municipal court shall |
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authorize expenditures from the fund and ensure that the |
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expenditures comply with any applicable purchasing policies of the |
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municipality. The judge shall provide to the governing body of the |
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municipality on a quarterly basis a detailed description and |
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accounting of all money spent under this article. |
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(g) The governing body of the municipality by ordinance may |
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provide that any amount in the fund that is not spent during a |
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fiscal year may remain in the fund for use in a subsequent fiscal |
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year. |
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SECTION 2. Sections 102.121 and 102.141, Government Code, |
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are amended to 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 $3; |
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(4) a security fee on a misdemeanor offense (Art. |
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102.017, Code of Criminal Procedure) . . . $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; and |
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(7) a fee for equal justice and education fund on a |
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misdemeanor offense (Art. 102.0175, Code of Criminal Procedure) |
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. . . $1. |
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Sec. 102.141. ADDITIONAL COURT COSTS IN MUNICIPAL COURT OF |
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RECORD: CODE OF CRIMINAL PROCEDURE. The clerk of a municipal court |
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of record shall collect from a defendant on conviction of a |
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misdemeanor offense: |
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(1) a fee of not more than $4 under Article 102.0172, |
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Code of Criminal Procedure, for the technology fund; and |
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(2) a fee of $1 under Article 102.0175, Code of |
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Criminal Procedure, for the equal justice and education fund. |
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SECTION 3. 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 was committed before that date. |
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SECTION 4. This Act takes effect September 1, 2009. |