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A BILL TO BE ENTITLED
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AN ACT
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relating to certain costs used to fund court-appointed volunteer |
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advocate programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.015, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42.015. FINDING OF AGE OF VICTIM. In the trial of an |
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offense under the [Section 20.02, 20.03, or 20.04,] Penal Code, [or
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an attempt, conspiracy, or solicitation to commit one of those
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offenses,] the judge shall make an affirmative finding of fact and |
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enter the affirmative finding in the judgment in the case if the |
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judge determines that the victim or intended victim was younger |
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than 17 years of age at the time of the offense. |
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SECTION 2. 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; COURT-APPOINTED VOLUNTEER |
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ADVOCATE PROGRAMS. (a) In addition to other costs on conviction |
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imposed by this chapter, on conviction of an offense for which the |
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judgment contains an affirmative finding under Article 42.015, a |
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person shall pay: |
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(1) $50 for a misdemeanor offense; and |
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(2) $100 for a felony offense. |
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(b) For purposes of this article, a person is considered to |
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have been convicted if: |
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(1) a sentence is imposed; |
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(2) the defendant receives community supervision or |
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deferred adjudication; or |
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(3) the court defers final disposition of the case. |
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(c) Court costs under this article are collected in the same |
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manner as other fines or costs. An officer collecting the costs |
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shall keep separate records of the funds collected as costs under |
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this article and shall deposit the funds in the county or municipal |
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treasury, as appropriate. |
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(d) The custodian of a county or municipal treasury shall: |
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(1) keep records of the amount of funds on deposit |
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collected under this article; and |
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(2) except as provided by Subsection (e), send to the |
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comptroller before the last day of the first month following each |
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calendar quarter the funds collected under this article during the |
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preceding quarter. |
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(e) If the custodian of the county or municipal treasury |
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complies with Subsection (d), a county or municipality is entitled |
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to retain as a collection fee 10 percent of the amount of funds |
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collected under this article by an officer of the county or |
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municipality. |
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(f) If no funds due as costs under this article are |
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deposited in a county or municipal treasury in a calendar quarter, |
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the custodian of the treasury shall file the report required for the |
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quarter in the regular manner and must state that no funds were |
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collected. |
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(g) The comptroller shall deposit the funds received under |
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this article to the credit of a special account in the general |
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revenue fund to help fund the statewide organization described by |
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Section 264.603, Family Code. The legislature may appropriate |
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money from the account only to the attorney general's office for |
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distribution to that organization. The attorney general's office |
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shall ensure that money distributed under this subsection is used |
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for a public purpose. |
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(h) Funds collected under this article are subject to audit |
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by the comptroller. |
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SECTION 3. Subchapter B, Chapter 102, Government Code, is |
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amended by adding Sections 102.0215 and 102.0216 to read as |
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follows: |
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Sec. 102.0215. ADDITIONAL COURT COSTS ON CONVICTION: CODE |
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OF CRIMINAL PROCEDURE. A person convicted of a misdemeanor offense |
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for which the judgment contains an affirmative finding under |
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Article 42.015, Code of Criminal Procedure, shall pay a cost on |
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conviction, in addition to all other costs, to help fund the |
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statewide organization described by Section 264.603, Family Code |
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. . . $50. |
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Sec. 102.0216. ADDITIONAL COURT COSTS ON CONVICTION: CODE |
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OF CRIMINAL PROCEDURE. A person convicted of a felony offense for |
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which the judgment contains an affirmative finding under Article |
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42.015, Code of Criminal Procedure, shall pay a cost on conviction, |
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in addition to all other costs, to help fund the statewide |
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organization described by Section 264.603, Family Code . . . $100. |
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SECTION 4. This Act takes effect September 1, 2011. |