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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 commissioners court of a county to |
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create a law enforcement technology fund and to require certain |
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defendants to pay court costs for deposit in the 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; LAW ENFORCEMENT TECHNOLOGY |
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FUND. (a) The commissioners court of a county by order may create a |
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law enforcement technology fund. |
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(b) If a fund is created as described by Subsection (a), a |
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defendant convicted of a misdemeanor offense in a justice court or |
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county court at law shall pay a $2 law enforcement technology fee as |
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a cost of court. |
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(c) In this article, a person is considered convicted if: |
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(1) a sentence is imposed on the person; |
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(2) the person is placed on community supervision, |
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including deferred adjudication community supervision; or |
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(3) the court defers final disposition of the person's |
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case. |
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(d) The clerks of the courts described by Subsection (b) |
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shall collect the fee and pay the fee to the county treasurer, or to |
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any other official who discharges the duties commonly delegated to |
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the county treasurer, for deposit in the law enforcement technology |
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fund. |
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(e) A fund created under this article may be used only to |
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finance the purchase and maintenance of technological enhancements |
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for a county law enforcement agency and shall be administered by or |
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under the direction of the commissioners court of the county. |
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SECTION 2. Section 102.061, Government Code, as amended by |
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Chapters 87 (S.B. 1969), 1172 (H.B. 3389), and 1183 (H.B. 3637), |
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Acts of the 81st Legislature, Regular Session, 2009, is reenacted |
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and amended to read as follows: |
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Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN |
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STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a |
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statutory county court shall collect fees and costs under the Code |
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of Criminal 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 services of the clerk of the court |
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(Art. 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 county and district court technology fee |
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(Art. 102.0169, Code of Criminal Procedure) . . . $4; |
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(5) a security fee on a misdemeanor offense |
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(Art. 102.017, Code of Criminal Procedure) . . . $3; |
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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; [and] |
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(7) a juvenile case manager fee (Art. 102.0174, Code |
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of Criminal Procedure) . . . not to exceed $5; |
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(8) [(7)] a civil justice fee (Art. 102.022, Code of |
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Criminal Procedure) . . . $0.10; and |
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(9) a law enforcement technology fee, if authorized by |
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the county commissioners court (Art. 102.0175, Code of Criminal |
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Procedure) . . . $2. |
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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 $3; |
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(4) a security fee on a misdemeanor offense (Art. |
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102.017, Code of Criminal Procedure) . . . $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; |
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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; [and] |
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(9) a civil justice fee (Art. 102.022, Code of |
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Criminal Procedure) . . . $0.10; and |
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(10) a law enforcement technology fee, if authorized |
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by the county commissioners court (Art. 102.0175, Code of Criminal |
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Procedure) . . . $2. |
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SECTION 4. To the extent of any conflict, this Act prevails |
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over another Act of the 82nd Legislature, Regular Session, 2011, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |