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A BILL TO BE ENTITLED
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AN ACT
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relating to expanding the category of persons required to pay |
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certain costs on conviction imposed for the support of drug court |
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programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Article 102.0178, Code of |
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Criminal Procedure, is amended to read as follows: |
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Art. 102.0178. COSTS ATTENDANT TO [CERTAIN INTOXICATION AND
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DRUG] CONVICTIONS TO FUND DRUG COURT PROGRAMS. |
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SECTION 2. Articles 102.0178(a), (e), and (g), Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) In addition to other costs on conviction imposed by this |
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chapter, a person shall pay $60 as a court cost on conviction of an |
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offense punishable as a Class B misdemeanor or any higher category |
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of offense [under:
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[(1) Chapter 49, Penal Code; or
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[(2) Chapter 481, Health and Safety Code]. |
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(e) A county is entitled to: |
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(1) if the custodian of the county treasury complies |
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with Subsection (d), retain 10 percent of the funds collected under |
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this article by an officer of the county during the calendar quarter |
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as a service fee; and |
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(2) if the county has established a drug court |
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program, including a family drug court program, or establishes a |
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drug court program before the expiration of the calendar quarter, |
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retain in addition to the 10 percent authorized by Subdivision (1) |
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another 70 [50] percent of the funds collected under this article by |
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an officer of the county during the calendar quarter to be used |
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exclusively for the development and maintenance of all drug court |
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programs operated within the county. |
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(g) The comptroller shall deposit the funds received under |
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this article to the credit of the drug court account in the general |
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revenue fund to help fund drug court programs established under |
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Chapter 122 or[,] 123[, 124, or 125], Government Code, or former |
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law. The legislature shall appropriate money from the account |
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solely to the criminal justice division of the governor's office |
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for distribution to drug court programs that apply for the money. |
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SECTION 3. 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 of offenses |
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punishable as a Class B misdemeanor or any higher category of |
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offense [under Chapter 49, Penal Code, and under Chapter 481,
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Health and Safety Code], to help fund drug court programs |
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established under Chapter 122 or[,] 123[, 124, or 125], Government |
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Code, or former law (Art. 102.0178, Code of Criminal Procedure) |
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. . . $60. |
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SECTION 4. Section 124.004(b), Government Code, is |
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repealed. |
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SECTION 5. Article 102.0178, Code of Criminal Procedure, as |
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amended 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, 2015. |