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A BILL TO BE ENTITLED
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AN ACT
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relating to reimbursing property owners for certain damages caused |
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by criminal activities; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.17, Code of Criminal Procedure, is |
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amended by adding Subsection (k) to read as follows: |
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(k)(1) This subsection applies to any property described by |
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Subsection (a) that is seized by a peace officer during the |
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investigation of an offense under Section 20.05 or 38.04, Penal |
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Code, or any offense under Chapter 20A, Penal Code. |
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(2) Notwithstanding any other provision of this |
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article, the sale proceeds of property described by Subdivision (1) |
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shall be deposited, after deducting the reasonable expense of |
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keeping and disposing of the property, in a fund in the treasury of |
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the county in which the offense occurred. |
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(3) A county may use money in the fund only to |
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reimburse a property owner in the county for all or any portion of |
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damages to a gate or fence located on property owned by the person |
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if: |
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(A) the property is located in the county; and |
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(B) the damage was the result of the commission |
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of an offense listed in Subdivision (1). |
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(4) A county may require a property owner to submit an |
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application and provide information requested by the county in |
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order to be eligible for reimbursement under this subsection. |
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SECTION 2. Article 18.18, Code of Criminal Procedure, is |
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amended by amending Subsections (f) and (g) and adding Subsections |
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(f-1), (f-2), and (f-3) to read as follows: |
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(f) If a person timely appears to show cause why the |
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property or proceeds should not be destroyed or forfeited, the |
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magistrate shall conduct a hearing on the issue and determine the |
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nature of property or proceeds and the person's interest |
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therein. Unless the person proves by a preponderance of the |
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evidence that the property or proceeds is not gambling equipment, |
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altered gambling equipment, gambling paraphernalia, gambling |
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device, gambling proceeds, prohibited weapon, obscene device or |
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material, child pornography, criminal instrument, scanning device |
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or re-encoder, or dog-fighting equipment and that the person [he] |
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is entitled to possession, the magistrate shall dispose of the |
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property or proceeds in accordance with Subsection [Paragraph] (a), |
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(f-1), or (f-2) [of this article]. |
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(f-1) If the property is used in an offense under Section |
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20.05 or 38.04, Penal Code, or any offense under Chapter 20A, Penal |
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Code, and the property is a motor vehicle, the magistrate shall |
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order the property be delivered to the purchasing agent of the |
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county in which the offense occurred, or the sheriff of the county |
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if the county has no purchasing agent. The county purchasing agent |
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or sheriff shall sell the property and deposit the sale proceeds, |
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after deducting the reasonable expense of keeping and disposing of |
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the property, in a fund in the treasury of the county in which the |
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offense occurred. When offering the property for sale, if the |
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purchasing agent or sheriff considers any bid to be insufficient, |
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the agent or sheriff may decline the bid and reoffer the property |
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for sale. |
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(f-2) Any proceeds or money seized under this article shall |
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be deposited in a fund described by Subsection (f-1) in the county |
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in which the offense occurred. |
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(f-3)(1) A county may use money in the fund described by |
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Subsection (f-1) only to reimburse a property owner in the county |
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for all or any portion of damages to a gate or fence located on |
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property owned by the person if: |
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(A) the property is located in the county; and |
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(B) the damage was the result of an offense under |
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Section 20.05 or 38.04, Penal Code, or any offense under Chapter |
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20A, Penal Code. |
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(2) A county may require a property owner to submit an |
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application and provide information requested by the county in |
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order to be eligible for reimbursement under this subsection. |
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(g) For purposes of this article: |
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(1) "criminal instrument" has the meaning defined in |
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the Penal Code; |
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(2) "gambling device or equipment, altered gambling |
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equipment or gambling paraphernalia" has the meaning defined in the |
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Penal Code; |
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(3) "prohibited weapon" has the meaning defined in the |
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Penal Code; |
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(4) "dog-fighting equipment" means: |
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(A) equipment used for training or handling a |
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fighting dog, including a harness, treadmill, cage, decoy, pen, |
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house for keeping a fighting dog, feeding apparatus, or training |
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pen; |
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(B) equipment used for transporting a fighting |
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dog, including any automobile, or other vehicle, and its |
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appurtenances which are intended to be used as a vehicle for |
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transporting a fighting dog; |
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(C) equipment used to promote or advertise an |
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exhibition of dog fighting, including a printing press or similar |
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equipment, paper, ink, or photography equipment; or |
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(D) a dog trained, being trained, or intended to |
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be used to fight with another dog; |
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(5) "obscene device" and "obscene" have the meanings |
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assigned by Section 43.21, Penal Code; |
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(6) "re-encoder" has the meaning assigned by Section |
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522.001, Business & Commerce Code; |
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(7) "scanning device" has the meaning assigned by |
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Section 522.001, Business & Commerce Code; [and] |
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(8) "obscene material" and "child pornography" |
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include digital images and the media and equipment on which those |
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images are stored; and |
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(9) "motor vehicle" has the meaning assigned by |
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Section 501.002, Transportation Code. |
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SECTION 3. Section 19, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (h) to read as follows: |
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(h) If a judge grants community supervision to a defendant |
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convicted of an offense under Section 20.05 or 38.04, Penal Code, or |
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any offense under Chapter 20A, Penal Code, the judge may require the |
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defendant to pay a fee of $15. The judge shall deposit any fee |
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received under this subsection in the fund described by Article |
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18.17(k) in the treasury of the county in which the offense |
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occurred, to be used as provided by that article. |
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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) a fee to reimburse property owners for damage |
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resulting from an offense under Section 20.05 or 38.04, Penal Code, |
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or any offense under Chapter 20A, Penal Code (Sec. 19(h), Art. |
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42.12, Code of Criminal Procedure) . . . $15. |
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SECTION 5. Section 19(h), Article 42.12, Code of Criminal |
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Procedure, as added by this Act, applies only to a defendant |
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initially placed on community supervision on or after the effective |
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date of this Act. A defendant initially placed on community |
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supervision before the effective date of this Act is governed by the |
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law in effect immediately before the effective date of this Act, and |
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the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2013. |