By: Whitmire S.B. No. 879

(In the Senate - Filed February 23, 2011; March 1, 2011, read first time and referred to Committee on Criminal Justice; April 14, 2011, reported favorably by the following vote: Yeas 7, Nays 0; April 14, 2011, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to a local community supervision and corrections department monitoring certain conditions of bond and the administrative fees associated with certain department services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 17.441, Code of Criminal Procedure, is amended by adding Subsection (e) to read as follows:

(e) If a magistrate designates the community supervision and corrections department serving the county in which the defendant lives as the designated agency to verify installation of the device and to monitor the device under Subsection (d), the magistrate may require the defendant to pay a monthly administrative fee under Section 76.015, Government Code, in lieu of the fee otherwise required by Subsection (d). The defendant shall pay the initial fee under Section 76.015, Government Code, at the time the community supervision and corrections department verifies the installation of the device.

SECTION 2. Subsection (c), Section 76.015, Government Code, is amended to read as follows:

(c) A department may assess a reasonable administrative fee of not less than $25 and not more than $60 [$40] per month on an individual who participates in a department program or receives department services and who is not paying a monthly fee under Section 19, Article 42.12, Code of Criminal Procedure.

SECTION 3. Section 103.0211, Government Code, is amended to read as follows:

Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs under the Government Code if ordered by the court or otherwise required:

(1) a court reporter fee when testimony is taken:

(A) in a criminal court in Dallas County (Sec. 25.0593, Government Code) . . . $3;

(B) in a county criminal court of appeals in Dallas County (Sec. 25.0594, Government Code) . . . $3;

(C) in a county court at law in McLennan County (Sec. 25.1572, Government Code) . . . $3; and

(D) in a county criminal court in Tarrant County (Sec. 25.2223, Government Code) . . . $3;

(2) a court reporter service fee if the courts have official court reporters (Sec. 51.601, Government Code) . . . $15 or, in specified counties, $30;

(3) a speedy trial filing fee in El Paso County (Sec. 54.745, Government Code) . . . $100;

(4) costs for use of magistrate in Brazos County (Sec. 54.1116, Government Code) . . . not to exceed $50;

(5) the costs of a criminal magistrate if the court determines that the nonprevailing party is able to defray the costs:

(A) in Bexar County (Sec. 54.913, Government Code) . . . magistrate's fees;

(B) in Dallas County (Sec. 54.313, Government Code) . . . magistrate's fees;

(C) in Lubbock County (Sec. 54.883, Government Code) . . . magistrate's fees;

(D) in Tarrant County (Sec. 54.663, Government Code) . . . magistrate's fees;

(E) in Travis County (Sec. 54.983, Government Code) . . . magistrate's fees; and

(F) in Williamson County (Sec. 54.958, Government Code) . . . expense of the magistrate;

(6) an administrative fee for participation in certain community supervision programs (Sec. 76.015, Government Code) . . . not less than $25 and not more than $60 [$40] per month; and

(7) fee paid on filing a petition for an order of nondisclosure of criminal history record information in certain cases (Sec. 411.081, Government Code) . . . $28.

SECTION 4. The changes in law made by this Act apply only to a defendant charged with an offense committed on or after the effective date of this Act. A defendant charged with an offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 5. This Act takes effect September 1, 2011.

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