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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 81st |
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Legislature, Regular Session, 2009, That the Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill No. 1506 (the imposition of conditions on certain |
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defendants charged with an offense involving family violence) to |
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consider and take action on the following matter: |
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Senate Rules 12.03(2), (3), and (4) are suspended to |
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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 |
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of the bill, and to add new Subsections (h) and (i), Article |
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17.49, 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 |
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established by local rule, require the defendant to pay costs |
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under Subsection (b)(2) or (3) in an amount that is less than the |
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full amount of the costs associated with operating the global |
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positioning monitoring system in relation to the defendant or |
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providing the victim with an electronic receptor device. |
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(i) If an indigent defendant pays to an entity that |
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operates a global positioning monitoring system the partial |
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amount ordered by a magistrate under Subsection (h), the entity |
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shall accept the partial amount as payment in full. The county in |
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which the magistrate who enters an order under Subsection (h) is |
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located is not responsible for payment of any costs associated |
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with operating the global positioning monitoring system in |
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relation to an indigent defendant. |
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Explanation: This change is necessary to remove a |
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provision allowing an indigent defendant to perform community |
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supervision in lieu of paying certain costs and to add provisions |
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to allow a magistrate, without obligating the county to pay any |
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of the costs, to require an indigent defendant to pay less than |
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the full costs associated with operating a global positioning |
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monitoring system in relation to the defendant or with providing |
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an electronic receptor device to the victim of the offense |
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committed by the defendant. |
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________________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 31, 2009. |
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________________________________ |
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Secretary of the Senate |