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A BILL TO BE ENTITLED
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AN ACT
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relating to a court cost assessed on conviction of certain offenses |
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involving an elderly victim. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.0151 to read as follows: |
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Art. 42.0151. FINDING REGARDING ELDERLY VICTIM. In the |
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trial of an offense under Title 5 or 7, Penal Code, or an attempt, |
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conspiracy, or solicitation to commit an offense under either |
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title, the judge shall make an affirmative finding of fact and enter |
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the affirmative finding in the judgment in the case if the judge |
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determines that the victim or intended victim was 65 years of age or |
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older at the time of the offense. |
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SECTION 2. Section 5, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (k) to read as follows: |
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(k) If a judge places on community supervision under this |
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section a defendant charged with an offense under Title 5 or 7, |
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Penal Code, or an attempt, conspiracy, or solicitation to commit an |
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offense under either title, the judge shall make an affirmative |
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finding of fact and file a statement of that affirmative finding |
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with the papers in the case if the judge determines that the victim |
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or intended victim was 65 years of age or older at the time of the |
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offense. |
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SECTION 3. Subchapter A, Chapter 102, Code of Criminal |
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Procedure, is amended by adding Article 102.021 to read as follows: |
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Art. 102.021. ADDITIONAL COSTS ATTENDANT TO CERTAIN |
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CONVICTIONS INVOLVING ELDERLY VICTIM. (a) In addition to other |
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costs on conviction imposed by this chapter, a person shall pay $100 |
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as a court cost on conviction of an offense in which the judge has: |
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(1) entered in the judgment an affirmative finding |
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described by Article 42.0151; or |
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(2) filed with the papers in the case a statement of an |
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affirmative finding described by Section 5(k), Article 42.12. |
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(b) In this article, a person is considered to have been |
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convicted if: |
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(1) a sentence is imposed; |
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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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(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 send to the comptroller costs collected under this article |
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for deposit to the credit of the compensation to victims of crime |
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fund established under Subchapter B, Chapter 56. |
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SECTION 4. Section 102.021, Government Code, is amended to |
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read as follows: |
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Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL |
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PROCEDURE. A person convicted of an offense shall pay the |
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following under the Code of Criminal Procedure, in addition to all |
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other costs: |
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(1) court cost on conviction of any offense, other |
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than a conviction of an offense relating to a pedestrian or the |
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parking of a motor vehicle (Art. 102.0045, Code of Criminal |
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Procedure) . . . $4; |
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(2) a fee for services of prosecutor (Art. 102.008, |
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Code of Criminal Procedure) . . . $25; |
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(3) fees for services of peace officer: |
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(A) issuing a written notice to appear in court |
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for certain violations (Art. 102.011, Code of Criminal Procedure) |
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. . . $5; |
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(B) executing or processing an issued arrest |
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warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal |
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Procedure) . . . $50; |
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(C) summoning a witness (Art. 102.011, Code of |
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Criminal Procedure) . . . $5; |
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(D) serving a writ not otherwise listed (Art. |
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102.011, Code of Criminal Procedure) . . . $35; |
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(E) taking and approving a bond and, if |
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necessary, returning the bond to courthouse (Art. 102.011, Code of |
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Criminal Procedure) . . . $10; |
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(F) commitment or release (Art. 102.011, Code of |
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Criminal Procedure) . . . $5; |
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(G) summoning a jury (Art. 102.011, Code of |
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Criminal Procedure) . . . $5; |
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(H) attendance of a prisoner in habeas corpus |
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case if prisoner has been remanded to custody or held to bail (Art. |
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102.011, Code of Criminal Procedure) . . . $8 each day; |
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(I) mileage for certain services performed (Art. |
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102.011, Code of Criminal Procedure) . . . $0.29 per mile; and |
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(J) services of a sheriff or constable who serves |
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process and attends examining trial in certain cases (Art. 102.011, |
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Code of Criminal Procedure) . . . not to exceed $5; |
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(4) services of a peace officer in conveying a witness |
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outside the county (Art. 102.011, Code of Criminal Procedure) . . . |
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$10 per day or part of a day, plus actual necessary travel expenses; |
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(5) overtime of peace officer for time spent |
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testifying in the trial or traveling to or from testifying in the |
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trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost; |
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(6) court costs on an offense relating to rules of the |
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road, when offense occurs within a school crossing zone (Art. |
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102.014, Code of Criminal Procedure) . . . $25; |
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(7) court costs on an offense of passing a school bus |
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(Art. 102.014, Code of Criminal Procedure) . . . $25; |
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(8) court costs on an offense of truancy or |
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contributing to truancy (Art. 102.014, Code of Criminal Procedure) |
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. . . $20; |
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(9) cost for visual recording of intoxication arrest |
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before conviction (Art. 102.018, Code of Criminal Procedure) . . . |
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$15; |
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(10) cost of certain evaluations (Art. 102.018, Code |
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of Criminal Procedure) . . . actual cost; |
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(11) additional costs attendant to certain |
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intoxication convictions under Chapter 49, Penal Code, for |
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emergency medical services, trauma facilities, and trauma care |
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systems (Art. 102.0185, Code of Criminal Procedure) . . . $100; |
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(12) additional costs attendant to certain child |
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sexual assault and related convictions, for child abuse prevention |
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programs (Art. 102.0186, Code of Criminal Procedure) . . . $100; |
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(13) court cost for DNA testing for certain felonies |
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(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250; |
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(14) court cost for DNA testing for the offense of |
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public lewdness or indecent exposure (Art. 102.020(a)(2), Code of |
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Criminal Procedure) . . . $50; |
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(15) court cost for DNA testing for certain felonies |
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(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34; |
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(16) if required by the court, a restitution fee for |
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costs incurred in collecting restitution installments and for the |
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compensation to victims of crime fund (Art. 42.037, Code of |
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Criminal Procedure) . . . $12; |
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(17) if directed by the justice of the peace or |
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municipal court judge hearing the case, court costs on conviction |
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in a criminal action (Art. 45.041, Code of Criminal Procedure) |
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. . . part or all of the costs as directed by the judge; [and] |
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(18) costs attendant to convictions under Chapter 49, |
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Penal Code, and under Chapter 481, Health and Safety Code, to help |
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fund drug court programs established under Chapter 469, Health and |
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Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $60; |
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and |
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(19) costs attendant to certain convictions involving |
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an elderly victim (Art. 102.021, Code of Criminal Procedure) . . . |
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$100. |
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SECTION 5. Article 102.021, Code of Criminal Procedure, as |
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added by this Act, applies only to a cost on conviction for an |
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offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2013. |