| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to court costs imposed on conviction and deposited to the |
|
|
appropriate courthouse security fund or court building security |
|
|
fund. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Articles 102.017(a) and (b), Code of Criminal |
|
|
Procedure, are amended to read as follows: |
|
|
(a) A defendant convicted of a felony offense in a district |
|
|
court shall pay a $10 [$5] security fee as a cost of court. |
|
|
(b) A defendant convicted of a misdemeanor offense in a |
|
|
county court, county court at law, or district court shall pay an $8 |
|
|
[a $3] security fee as a cost of court. A defendant convicted of a |
|
|
misdemeanor offense in a justice court shall pay a $9 [$4] security |
|
|
fee as a cost of court. The governing body of a municipality by |
|
|
ordinance may create a municipal court building security fund and |
|
|
may require a defendant convicted of a misdemeanor offense in a |
|
|
municipal court to pay an $8 [a $3] security fee as a cost of court. |
|
|
SECTION 2. Section 102.041, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
|
DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a |
|
|
district court shall collect fees and costs under the Code of |
|
|
Criminal Procedure on conviction of a defendant as follows: |
|
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
|
Procedure) . . . $20; |
|
|
(2) a fee for clerk of the court services |
|
|
(Art. 102.005, Code of Criminal Procedure) . . . $40; |
|
|
(3) a records management and preservation services fee |
|
|
(Art. 102.005, Code of Criminal Procedure) . . . $25; |
|
|
(4) a county and district court technology fee |
|
|
(Art. 102.0169, Code of Criminal Procedure) . . . $4; |
|
|
(5) a security fee on a felony offense (Art. 102.017, |
|
|
Code of Criminal Procedure) . . . $10 [$5]; |
|
|
(6) a security fee on a misdemeanor offense |
|
|
(Art. 102.017, Code of Criminal Procedure) . . . $8 [$3]; and |
|
|
(7) a juvenile delinquency prevention and graffiti |
|
|
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . |
|
|
$50. |
|
|
SECTION 3. Section 102.101, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
|
JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice |
|
|
court shall collect fees and costs under the Code of Criminal |
|
|
Procedure on conviction of a defendant as follows: |
|
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
|
Procedure) . . . $3; |
|
|
(2) a fee for withdrawing request for jury less than 24 |
|
|
hours before time of trial (Art. 102.004, Code of Criminal |
|
|
Procedure) . . . $3; |
|
|
(3) a jury fee for two or more defendants tried jointly |
|
|
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of |
|
|
$3; |
|
|
(4) a security fee on a misdemeanor offense |
|
|
(Art. 102.017, Code of Criminal Procedure) . . . $9 [$4]; |
|
|
(5) a fee for technology fund on a misdemeanor offense |
|
|
(Art. 102.0173, Code of Criminal Procedure) . . . $4; |
|
|
(6) a juvenile case manager fee (Art. 102.0174, Code |
|
|
of Criminal Procedure) . . . not to exceed $5; |
|
|
(7) a fee on conviction of certain offenses involving |
|
|
issuing or passing a subsequently dishonored check (Art. 102.0071, |
|
|
Code of Criminal Procedure) . . . not to exceed $30; |
|
|
(8) a court cost on conviction of a Class C misdemeanor |
|
|
in a county with a population of 3.3 million or more, if authorized |
|
|
by the county commissioners court (Art. 102.009, Code of Criminal |
|
|
Procedure) . . . not to exceed $7; and |
|
|
(9) a civil justice fee (Art. 102.022, Code of |
|
|
Criminal Procedure) . . . $0.10. |
|
|
SECTION 4. Section 102.121, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
|
MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a |
|
|
municipal court shall collect fees and costs on conviction of a |
|
|
defendant as follows: |
|
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
|
Procedure) . . . $3; |
|
|
(2) a fee for withdrawing request for jury less than 24 |
|
|
hours before time of trial (Art. 102.004, Code of Criminal |
|
|
Procedure) . . . $3; |
|
|
(3) a jury fee for two or more defendants tried jointly |
|
|
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of |
|
|
$3; |
|
|
(4) a security fee on a misdemeanor offense |
|
|
(Art. 102.017, Code of Criminal Procedure) . . . $8 [$3]; |
|
|
(5) a fee for technology fund on a misdemeanor offense |
|
|
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4; |
|
|
(6) a juvenile case manager fee (Art. 102.0174, Code |
|
|
of Criminal Procedure) . . . not to exceed $5; and |
|
|
(7) a civil justice fee (Art. 102.022, Code of |
|
|
Criminal Procedure) . . . $0.10. |
|
|
SECTION 5. The change in law made by this Act applies only |
|
|
to court costs imposed on conviction of an offense committed on or |
|
|
after January 1, 2012. For purposes of this section, an offense is |
|
|
committed before January 1, 2012, if any element of the offense |
|
|
occurs before that date. Court costs imposed on conviction of an |
|
|
offense committed before January 1, 2012, are governed by the law in |
|
|
effect immediately before the effective date of this Act, and the |
|
|
former law is continued in effect for that purpose. |
|
|
SECTION 6. This Act takes effect September 1, 2011. |