INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Article 18.17,
Code of Criminal Procedure, is amended by adding Subsection (k) to read as
follows:
(k)(1) This subsection
applies to any property described by Subsection (a) that is seized by a
peace officer during the investigation of an offense under Section 20.05 or
38.04, Penal Code, or any offense under Chapter 20A, Penal Code.
(2) Notwithstanding any
other provision of this article, the sale proceeds of property described by
Subdivision (1) shall be deposited, after deducting the reasonable expense
of keeping and disposing of the property, in a fund in the treasury of the
county in which the offense occurred.
(3) A county may use
money in the fund only to reimburse a property owner in the county for all
or any portion of damages to a gate or fence located on property owned by
the person if:
(A) the property is
located in the county; and
(B) the damage was the
result of the commission of an offense listed in Subdivision (1).
(4) A county may require
a property owner to submit an application and provide information requested
by the county in order to be eligible for reimbursement under this
subsection.
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SECTION 1. Article 18.17,
Code of Criminal Procedure, is amended by adding Subsection (k) to read as
follows:
(k)(1) This subsection
applies to any property described by Subsection (a) that is seized by a
peace officer during the investigation of an offense under Section 20.05 or
38.04, Penal Code, or any offense under Chapter 20A, Penal Code, alleged to have occurred in a county with a
population of:
(A) 40,000 or more but less than 41,000;
(B) 32,000 or more but less than 32,300;
(C) 31,000 or more but less than 32,000;
(D) 22,000 or more but less than 22,150;
(E) 11,000 or more but less than 11,600;
(F) 650 or more but less than 800;
(G) 300 or more but less than 600; or
(H) less than 8,000 and that is adjacent to a county described by
Paragraph (G).
(2) Notwithstanding any
other provision of this article, the sale proceeds of property described by
Subdivision (1) shall be deposited, after deducting the reasonable expense
of keeping and disposing of the property, in a fund in the treasury of the
county in which the offense occurred.
(3) A county to which this subsection applies may use
money in the fund only to reimburse a property owner in the county for all
or any portion of damages to a gate or fence located on property owned by
the person if:
(A) the property is
located in the county; and
(B) the damage was the
result of the commission of an offense listed in Subdivision (1).
(4) A county to which this subsection applies may require
a property owner to submit an application and provide information requested
by the county in order to be eligible for reimbursement under this subsection.
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SECTION 2. Article 18.18,
Code of Criminal Procedure, is amended by amending Subsections (f) and (g)
and adding Subsections (f-1), (f-2), and (f-3) to read as follows:
(f) If a person timely
appears to show cause why the property or proceeds should not be destroyed
or forfeited, the magistrate shall conduct a hearing on the issue and
determine the nature of property or proceeds and the person's interest
therein. Unless the person proves by a preponderance of the evidence that
the property or proceeds is not gambling equipment, altered gambling
equipment, gambling paraphernalia, gambling device, gambling proceeds,
prohibited weapon, obscene device or material, child pornography, criminal
instrument, scanning device or re-encoder, or dog-fighting equipment and
that the person [he] is entitled to possession, the
magistrate shall dispose of the property or proceeds in accordance with Subsection
[Paragraph] (a), (f-1), or (f-2) [of this article].
(f-1) If the property is
used in an offense under Section 20.05 or 38.04, Penal Code, or any offense
under Chapter 20A, Penal Code, and the property is a motor vehicle, the
magistrate shall order the property be delivered to the purchasing agent of
the county in which the offense occurred, or the sheriff of the county if
the county has no purchasing agent. The county purchasing agent or sheriff
shall sell the property and deposit the sale proceeds, after deducting the
reasonable expense of keeping and disposing of the property, in a fund in
the treasury of the county in which the offense occurred. When offering
the property for sale, if the purchasing agent or sheriff considers any bid
to be insufficient, the agent or sheriff may decline the bid and reoffer
the property for sale.
(f-2) Any proceeds or
money seized under this article shall be deposited in a fund described by
Subsection (f-1) in the county in which the offense occurred.
(f-3)(1) A county may use
money in the fund described by Subsection (f-1) only to reimburse a
property owner in the county for all or any portion of damages to a gate or
fence located on property owned by the person if:
(A) the property is
located in the county; and
(B) the damage was the
result of an offense under Section 20.05 or 38.04, Penal Code, or any offense
under Chapter 20A, Penal Code.
(2) A county may require
a property owner to submit an application and provide information requested
by the county in order to be eligible for reimbursement under this
subsection.
(g) For purposes of this
article:
(1) "criminal
instrument" has the meaning defined in the Penal Code;
(2) "gambling device or
equipment, altered gambling equipment or gambling paraphernalia" has
the meaning defined in the Penal Code;
(3) "prohibited
weapon" has the meaning defined in the Penal Code;
(4) "dog-fighting
equipment" means:
(A) equipment used for
training or handling a fighting dog, including a harness, treadmill, cage,
decoy, pen, house for keeping a fighting dog, feeding apparatus, or
training pen;
(B) equipment used for transporting
a fighting dog, including any automobile, or other vehicle, and its
appurtenances which are intended to be used as a vehicle for transporting a
fighting dog;
(C) equipment used to
promote or advertise an exhibition of dog fighting, including a printing
press or similar equipment, paper, ink, or photography equipment; or
(D) a dog trained, being
trained, or intended to be used to fight with another dog;
(5) "obscene
device" and "obscene" have the meanings assigned by Section
43.21, Penal Code;
(6) "re-encoder"
has the meaning assigned by Section 522.001, Business & Commerce Code;
(7) "scanning
device" has the meaning assigned by Section 522.001, Business &
Commerce Code; [and]
(8) "obscene
material" and "child pornography" include digital images and
the media and equipment on which those images are stored; and
(9) "motor
vehicle" has the meaning assigned by Section 501.002, Transportation
Code.
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SECTION 2. Article 18.18,
Code of Criminal Procedure, is amended by amending Subsections (f) and (g)
and adding Subsection (f-1) to read as follows:
(f) If a person timely
appears to show cause why the property or proceeds should not be destroyed
or forfeited, the magistrate shall conduct a hearing on the issue and
determine the nature of property or proceeds and the person's interest
therein. Unless the person proves by a preponderance of the evidence that
the property or proceeds is not gambling equipment, altered gambling
equipment, gambling paraphernalia, gambling device, gambling proceeds,
prohibited weapon, obscene device or material, child pornography, criminal
instrument, scanning device or re-encoder, or dog-fighting equipment and
that the person [he] is entitled to possession, the
magistrate shall dispose of the property or proceeds in accordance with Subsection
[Paragraph] (a) or, if applicable,
Subsection (f-1) [of this article].
(f-1)(1) This subsection applies only to a county with a population
of:
(A) 40,000 or more but less than 41,000;
(B) 32,000 or more but less than 32,300;
(C) 31,000 or more but less than 32,000;
(D) 22,000 or more but less than 22,150;
(E) 11,000 or more but less than 11,600;
(F) 650 or more but less than 800;
(G) 300 or more but less than 600; or
(H) less than 8,000 and that is adjacent to a county described by
Paragraph (G).
(2) If the property is
used in an offense under Section 20.05 or 38.04, Penal Code, or any offense
under Chapter 20A, Penal Code, and the property is a motor vehicle, the
magistrate shall order the property be delivered to the purchasing agent of
the county in which the offense occurred, or the sheriff of the county if
the county has no purchasing agent. The county purchasing agent or sheriff
shall sell the property and deposit the sale proceeds, after deducting the
reasonable expense of keeping and disposing of the property, in a fund in
the treasury of the county in which the offense occurred. When offering
the property for sale, if the purchasing agent or sheriff considers any bid
to be insufficient, the agent or sheriff may decline the bid and reoffer
the property for sale.
(3) Any proceeds or money
seized under this article shall be deposited in a fund described by
Subdivision (2) in the county in which the offense occurred.
(4) A county may use
money in the fund described by Subdivision (2) only to reimburse a property
owner in the county for all or any portion of damages to a gate or fence
located on property owned by the person if:
(A) the property is
located in the county; and
(B) the damage was the
result of an offense under Section 20.05 or 38.04, Penal Code, or any
offense under Chapter 20A, Penal Code.
(5) A county may require
a property owner to submit an application and provide information requested
by the county in order to be eligible for reimbursement under Subdivision
(4).
(g) For purposes of this
article:
(1) "criminal
instrument" has the meaning defined in the Penal Code;
(2) "gambling device or
equipment, altered gambling equipment or gambling paraphernalia" has
the meaning defined in the Penal Code;
(3) "prohibited
weapon" has the meaning defined in the Penal Code;
(4) "dog-fighting
equipment" means:
(A) equipment used for
training or handling a fighting dog, including a harness, treadmill, cage,
decoy, pen, house for keeping a fighting dog, feeding apparatus, or
training pen;
(B) equipment used for
transporting a fighting dog, including any automobile, or other vehicle,
and its appurtenances which are intended to be used as a vehicle for
transporting a fighting dog;
(C) equipment used to
promote or advertise an exhibition of dog fighting, including a printing
press or similar equipment, paper, ink, or photography equipment; or
(D) a dog trained, being
trained, or intended to be used to fight with another dog;
(5) "obscene
device" and "obscene" have the meanings assigned by Section
43.21, Penal Code;
(6) "re-encoder"
has the meaning assigned by Section 522.001, Business & Commerce Code;
(7) "scanning
device" has the meaning assigned by Section 522.001, Business &
Commerce Code; [and]
(8) "obscene material"
and "child pornography" include digital images and the media and
equipment on which those images are stored; and
(9) "motor
vehicle" has the meaning assigned by Section 501.002, Transportation
Code.
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SECTION 3. Section 19,
Article 42.12, Code of Criminal Procedure, is amended by adding Subsection
(h) to read as follows:
(h) If a judge grants
community supervision to a defendant convicted of an offense under Section
20.05 or 38.04, Penal Code, or any offense under Chapter 20A, Penal Code, the
judge may require the defendant to pay a fee of $15. The judge shall
deposit any fee received under this subsection in the fund described by
Article 18.17(k) in the treasury of the county in which the offense
occurred, to be used as provided by that article.
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SECTION 3. Section 19,
Article 42.12, Code of Criminal Procedure, is amended by adding Subsection
(h) to read as follows:
(h)(1) This subsection applies only to a county with a population
of:
(A) 40,000 or more but less than 41,000;
(B) 32,000 or more but less than 32,300;
(C) 31,000 or more but less than 32,000;
(D) 22,000 or more but less than 22,150;
(E) 11,000 or more but less than 11,600;
(F) 650 or more but less than 800;
(G) 300 or more but less than 600; or
(H) less than 8,000 and that is adjacent to a county described by
Paragraph (G).
(2) If a judge grants
community supervision to a defendant convicted of an offense under Section
20.05 or 38.04, Penal Code, or any offense under Chapter 20A, Penal Code, that occurred in a county to which this subsection
applies, the judge may require the defendant to pay a fee of $15.
The judge shall deposit any fee received under this subsection in the fund
described by Article 18.17(k) in the treasury of the county in which the
offense occurred, to be used as provided by that article.
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SECTION 4. Section 102.021,
Government Code, is amended to read as follows:
Sec. 102.021. COURT COSTS ON
CONVICTION: CODE OF CRIMINAL PROCEDURE. A person convicted of an offense
shall pay the following under the Code of Criminal Procedure, in addition
to all other costs:
(1) court cost on conviction
of any offense, other than a conviction of an offense relating to a
pedestrian or the parking of a motor vehicle (Art. 102.0045, Code of
Criminal Procedure) . . . $4;
(2) a fee for services of
prosecutor (Art. 102.008, Code of Criminal Procedure) . . . $25;
(3) fees for services of
peace officer:
(A) issuing a written notice
to appear in court for certain violations (Art. 102.011, Code of Criminal
Procedure) . . . $5;
(B) executing or processing
an issued arrest warrant, capias, or capias pro fine (Art. 102.011, Code of
Criminal Procedure) . . . $50;
(C) summoning a witness
(Art. 102.011, Code of Criminal Procedure) . . . $5;
(D) serving a writ not
otherwise listed (Art. 102.011, Code of Criminal Procedure) . . . $35;
(E) taking and approving a
bond and, if necessary, returning the bond to courthouse (Art. 102.011,
Code of Criminal Procedure) . . . $10;
(F) commitment or release
(Art. 102.011, Code of Criminal Procedure) . . . $5;
(G) summoning a jury (Art.
102.011, Code of Criminal Procedure) . . . $5;
(H) attendance of a prisoner
in habeas corpus case if prisoner has been remanded to custody or held to
bail (Art. 102.011, Code of Criminal Procedure) . . . $8 each day;
(I) mileage for certain
services performed (Art. 102.011, Code of Criminal Procedure) . . . $0.29
per mile; and
(J) services of a sheriff or
constable who serves process and attends examining trial in certain cases
(Art. 102.011, Code of Criminal Procedure) . . . not to exceed $5;
(4) services of a peace
officer in conveying a witness outside the county (Art. 102.011, Code of
Criminal Procedure) . . . $10 per day or part of a day, plus actual
necessary travel expenses;
(5) overtime of peace officer
for time spent testifying in the trial or traveling to or from testifying
in the trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
(6) court costs on an
offense relating to rules of the road, when offense occurs within a school
crossing zone (Art. 102.014, Code of Criminal Procedure) . . . $25;
(7) court costs on an
offense of passing a school bus (Art. 102.014, Code of Criminal Procedure)
. . . $25;
(8) court costs on an
offense of truancy or contributing to truancy (Art. 102.014, Code of
Criminal Procedure) . . . $20;
(9) cost for visual
recording of intoxication arrest before conviction (Art. 102.018, Code of
Criminal Procedure) . . . $15;
(10) cost of certain
evaluations (Art. 102.018, Code of Criminal Procedure) . . . actual cost;
(11) additional costs
attendant to certain intoxication convictions under Chapter 49, Penal Code,
for emergency medical services, trauma facilities, and trauma care systems
(Art. 102.0185, Code of Criminal Procedure) . . . $100;
(12) additional costs
attendant to certain child sexual assault and related convictions, for
child abuse prevention programs (Art. 102.0186, Code of Criminal Procedure)
. . . $100;
(13) court cost for DNA
testing for certain felonies (Art. 102.020(a)(1), Code of Criminal
Procedure) . . . $250;
(14) court cost for DNA
testing for the offense of public lewdness or indecent exposure (Art.
102.020(a)(2), Code of Criminal Procedure) . . . $50;
(15) court cost for DNA
testing for certain felonies (Art. 102.020(a)(3), Code of Criminal
Procedure) . . . $34;
(16) if required by the
court, a restitution fee for costs incurred in collecting restitution
installments and for the compensation to victims of crime fund (Art.
42.037, Code of Criminal Procedure) . . . $12;
(17) if directed by the
justice of the peace or municipal court judge hearing the case, court costs
on conviction in a criminal action (Art. 45.041, Code of Criminal
Procedure) . . . part or all of the costs as directed by the judge; [and]
(18) costs attendant to convictions
under Chapter 49, Penal Code, and under Chapter 481, Health and Safety
Code, to help fund drug court programs established under Chapter 469,
Health and Safety Code (Art. 102.0178, Code of Criminal Procedure) . . .
$60; and
(19) a fee to reimburse property
owners for damage resulting from an offense under Section 20.05 or 38.04,
Penal Code, or any offense under Chapter 20A, Penal Code (Sec. 19(h), Art.
42.12, Code of Criminal Procedure) . . . $15.
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SECTION 4. Section 102.021,
Government Code, is amended to read as follows:
Sec. 102.021. COURT COSTS ON
CONVICTION: CODE OF CRIMINAL PROCEDURE. A person convicted of an offense
shall pay the following under the Code of Criminal Procedure, in addition
to all other costs:
(1) court cost on conviction
of any offense, other than a conviction of an offense relating to a
pedestrian or the parking of a motor vehicle (Art. 102.0045, Code of
Criminal Procedure) . . . $4;
(2) a fee for services of
prosecutor (Art. 102.008, Code of Criminal Procedure) . . . $25;
(3) fees for services of
peace officer:
(A) issuing a written notice
to appear in court for certain violations (Art. 102.011, Code of Criminal
Procedure) . . . $5;
(B) executing or processing
an issued arrest warrant, capias, or capias pro fine (Art. 102.011, Code of
Criminal Procedure) . . . $50;
(C) summoning a witness
(Art. 102.011, Code of Criminal Procedure) . . . $5;
(D) serving a writ not
otherwise listed (Art. 102.011, Code of Criminal Procedure) . . . $35;
(E) taking and approving a
bond and, if necessary, returning the bond to courthouse (Art. 102.011,
Code of Criminal Procedure) . . . $10;
(F) commitment or release
(Art. 102.011, Code of Criminal Procedure) . . . $5;
(G) summoning a jury (Art.
102.011, Code of Criminal Procedure) . . . $5;
(H) attendance of a prisoner
in habeas corpus case if prisoner has been remanded to custody or held to
bail (Art. 102.011, Code of Criminal Procedure) . . . $8 each day;
(I) mileage for certain
services performed (Art. 102.011, Code of Criminal Procedure) . . . $0.29
per mile; and
(J) services of a sheriff or
constable who serves process and attends examining trial in certain cases
(Art. 102.011, Code of Criminal Procedure) . . . not to exceed $5;
(4) services of a peace
officer in conveying a witness outside the county (Art. 102.011, Code of
Criminal Procedure) . . . $10 per day or part of a day, plus actual
necessary travel expenses;
(5) overtime of peace
officer for time spent testifying in the trial or traveling to or from
testifying in the trial (Art. 102.011, Code of Criminal Procedure) . . .
actual cost;
(6) court costs on an
offense relating to rules of the road, when offense occurs within a school
crossing zone (Art. 102.014, Code of Criminal Procedure) . . . $25;
(7) court costs on an offense
of passing a school bus (Art. 102.014, Code of Criminal Procedure) . . .
$25;
(8) court costs on an
offense of truancy or contributing to truancy (Art. 102.014, Code of
Criminal Procedure) . . . $20;
(9) cost for visual
recording of intoxication arrest before conviction (Art. 102.018, Code of
Criminal Procedure) . . . $15;
(10) cost of certain
evaluations (Art. 102.018, Code of Criminal Procedure) . . . actual cost;
(11) additional costs
attendant to certain intoxication convictions under Chapter 49, Penal Code,
for emergency medical services, trauma facilities, and trauma care systems
(Art. 102.0185, Code of Criminal Procedure) . . . $100;
(12) additional costs
attendant to certain child sexual assault and related convictions, for
child abuse prevention programs (Art. 102.0186, Code of Criminal Procedure)
. . . $100;
(13) court cost for DNA
testing for certain felonies (Art. 102.020(a)(1), Code of Criminal
Procedure) . . . $250;
(14) court cost for DNA
testing for the offense of public lewdness or indecent exposure (Art.
102.020(a)(2), Code of Criminal Procedure) . . . $50;
(15) court cost for DNA
testing for certain felonies (Art. 102.020(a)(3), Code of Criminal
Procedure) . . . $34;
(16) if required by the
court, a restitution fee for costs incurred in collecting restitution
installments and for the compensation to victims of crime fund (Art.
42.037, Code of Criminal Procedure) . . . $12;
(17) if directed by the
justice of the peace or municipal court judge hearing the case, court costs
on conviction in a criminal action (Art. 45.041, Code of Criminal
Procedure) . . . part or all of the costs as directed by the judge; [and]
(18) costs attendant to
convictions under Chapter 49, Penal Code, and under Chapter 481, Health and
Safety Code, to help fund drug court programs established under Chapter
469, Health and Safety Code (Art. 102.0178, Code of Criminal Procedure) . .
. $60; and
(19) a fee to reimburse
property owners in certain counties
for damage resulting from an offense under Section 20.05 or 38.04, Penal
Code, or any offense under Chapter 20A, Penal Code (Sec. 19(h), Art. 42.12,
Code of Criminal Procedure) . . . $15.
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SECTION 5. Section 19(h),
Article 42.12, Code of Criminal Procedure, as added by this Act, applies
only to a defendant initially placed on community supervision on or after
the effective date of this Act. A defendant initially placed on community
supervision before the effective date of this Act is 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.
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SECTION 5. Same as introduced
version.
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SECTION 6. This Act takes
effect September 1, 2013.
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SECTION 6. Same as introduced
version.
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