83R4546 MAW-F
 
  By: Lozano H.B. No. 1713
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to reimbursing property owners for certain damages caused
  by criminal activities; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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.
         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.
         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.
         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.
         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.
         SECTION 6.  This Act takes effect September 1, 2013.