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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a graffiti pretrial diversion program; |
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authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 32, Code of Criminal Procedure, is |
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amended by adding Article 32.03 to read as follows: |
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Art. 32.03. DISMISSAL OF CERTAIN GRAFFITI CHARGES ON |
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COMPLETION OF PRETRIAL DIVERSION PROGRAM. (a) Any time before |
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trial commences, on the joint motion of a defendant charged with an |
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offense punishable under Sections 28.08(b)(1)-(4) or (d), Penal |
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Code, and the attorney representing the state, a court may defer |
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proceedings pending the defendant's completion of a pretrial |
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diversion program in which the defendant must: |
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(1) perform community service that: |
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(A) must, to the extent possible, include |
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graffiti removal; and |
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(B) may include outreach education focused on |
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graffiti prevention and eradication, youth mentoring in art-based |
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programs, mural painting, or another form of community service; and |
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(2) make restitution to the owner of the property on |
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which the defendant made markings, by: |
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(A) reimbursing the owner of the property for the |
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cost of restoring the property; or |
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(B) with the consent of the owner of the |
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property, personally restoring the property by removing or painting |
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over any markings the defendant made. |
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(b) The community service described by Subsection (a)(1) |
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must consist of: |
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(1) at least 25 hours and not more than 100 hours if |
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the offense is punishable under Section 28.08(b)(1), Penal Code; |
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(2) at least 50 hours and not more than 200 hours if |
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the offense is punishable under Section 28.08(b)(2), Penal Code; |
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(3) at least 75 hours and not more than 300 hours if |
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the offense is punishable under Section 28.08(b)(3), Penal Code; |
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and |
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(4) at least 100 hours and not more than 400 hours if |
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the offense is punishable under Section 28.08(b)(4) or (d), Penal |
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Code. |
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(c) A court that defers proceedings under Subsection (a) |
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shall set a reasonable date by which the defendant must complete the |
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program described in that subsection, which may be extended in the |
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court's discretion not later than one year after the date the |
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proceedings were deferred. |
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(d) A court shall dismiss the case if satisfactory evidence |
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is presented that the defendant successfully completed a program |
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under Subsection (a) by the date specified under Subsection (c). |
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SECTION 2. Article 102.012(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) In addition to or in lieu of the supervision fee |
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authorized by Subsection (a), the court may order the defendant to |
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pay or reimburse a community supervision and corrections department |
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for any other expense that is: |
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(1) incurred as a result of the defendant's |
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participation in the pretrial intervention program, other than an |
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expense described by Article 102.0121 or 102.0122; or |
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(2) necessary to the defendant's successful completion |
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of the program. |
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SECTION 3. Subchapter A, Chapter 102, Code of Criminal |
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Procedure, is amended by adding Article 102.0122 to read as |
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follows: |
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Art. 102.0122. FEES FOR CERTAIN EXPENSES RELATED TO |
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GRAFFITI PRETRIAL DIVERSION PROGRAM. (a) A district attorney, |
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criminal district attorney, or county attorney may collect from any |
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defendant referred to a graffiti pretrial diversion program under |
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Article 32.03 fees in the following amounts: |
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(1) an amount not to exceed $500 to be used to |
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reimburse a county for expenses, including expenses of the district |
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attorney's, criminal district attorney's, or county attorney's |
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office, related to the defendant's participation in a graffiti |
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pretrial diversion program offered in that county; and |
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(2) the amount of $50 to be used for the prevention of |
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juvenile delinquency and for graffiti eradication. |
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(b) Fees collected under Subsection (a)(1) shall be |
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deposited in the county treasury to the credit of a special fund to |
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be used solely to administer the graffiti pretrial diversion |
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program. |
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(c) Fees collected under Subsection (a)(2) shall be |
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deposited in the county treasury to the credit of the county |
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juvenile delinquency prevention fund under Article 102.0171. |
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SECTION 4. Section 103.021, Government Code, is amended to |
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read as follows: |
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Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
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CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, |
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or a party to a civil suit, as applicable, shall pay the following |
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fees and costs under the Code of Criminal Procedure if ordered by |
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the court or otherwise required: |
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(1) a personal bond fee (Art. 17.42, Code of Criminal |
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Procedure) . . . the greater of $20 or three percent of the amount of |
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the bail fixed for the accused; |
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(2) cost of electronic monitoring as a condition of |
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release on personal bond (Art. 17.43, Code of Criminal Procedure) . |
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. . actual cost; |
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(3) a fee for verification of and monitoring of motor |
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vehicle ignition interlock (Art. 17.441, Code of Criminal |
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Procedure) . . . not to exceed $10; |
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(3-a) costs associated with operating a global |
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positioning monitoring system as a condition of release on bond |
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(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, |
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subject to a determination of indigency; |
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(3-b) costs associated with providing a defendant's |
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victim with an electronic receptor device as a condition of the |
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defendant's release on bond (Art. 17.49(b)(3), Code of Criminal |
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Procedure) . . . actual costs, subject to a determination of |
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indigency; |
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(4) repayment of reward paid by a crime stoppers |
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organization on conviction of a felony (Art. 37.073, Code of |
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Criminal Procedure) . . . amount ordered; |
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(5) reimbursement to general revenue fund for payments |
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made to victim of an offense as condition of community supervision |
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(Chapter 42A, Code of Criminal Procedure) . . . not to exceed $50 |
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for a misdemeanor offense or $100 for a felony offense; |
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(6) payment to a crime stoppers organization as |
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condition of community supervision (Chapter 42A, Code of Criminal |
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Procedure) . . . not to exceed $50; |
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(7) children's advocacy center fee (Chapter 42A, Code |
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of Criminal Procedure) . . . not to exceed $50; |
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(8) family violence center fee (Chapter 42A, Code of |
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Criminal Procedure) . . . $100; |
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(9) community supervision fee (Chapter 42A, Code of |
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Criminal Procedure) . . . not less than $25 or more than $60 per |
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month; |
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(10) additional community supervision fee for certain |
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offenses (Chapter 42A, Code of Criminal Procedure) . . . $5 per |
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month; |
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(11) for certain financially able sex offenders as a |
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condition of community supervision, the costs of treatment, |
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specialized supervision, or rehabilitation (Chapter 42A, Code of |
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Criminal Procedure) . . . all or part of the reasonable and |
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necessary costs of the treatment, supervision, or rehabilitation as |
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determined by the judge; |
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(12) fee for failure to appear for trial in a justice |
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or municipal court if a jury trial is not waived (Art. 45.026, Code |
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of Criminal Procedure) . . . costs incurred for impaneling the jury; |
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(13) costs of certain testing, assessments, or |
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programs during a deferral period (Art. 45.051, Code of Criminal |
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Procedure) . . . amount ordered; |
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(14) special expense on dismissal of certain |
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misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) . |
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. . not to exceed amount of fine assessed; |
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(15) an additional fee: |
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(A) for a copy of the defendant's driving record |
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to be requested from the Department of Public Safety by the judge |
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(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal |
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to the sum of the fee established by Section 521.048, |
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Transportation Code, and the state electronic Internet portal fee; |
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(B) as an administrative fee for requesting a |
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driving safety course or a course under the motorcycle operator |
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training and safety program for certain traffic offenses to cover |
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the cost of administering the article (Art. 45.0511(f)(1), Code of |
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Criminal Procedure) . . . not to exceed $10; or |
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(C) for requesting a driving safety course or a |
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course under the motorcycle operator training and safety program |
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before the final disposition of the case (Art. 45.0511(f)(2), Code |
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of Criminal Procedure) . . . not to exceed the maximum amount of the |
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fine for the offense committed by the defendant; |
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(16) a request fee for teen court program (Art. |
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45.052, Code of Criminal Procedure) . . . $20, if the court ordering |
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the fee is located in the Texas-Louisiana border region, but |
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otherwise not to exceed $10; |
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(17) a fee to cover costs of required duties of teen |
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court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the |
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court ordering the fee is located in the Texas-Louisiana border |
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region, but otherwise $10; |
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(18) a mileage fee for officer performing certain |
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services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per |
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mile; |
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(19) certified mailing of notice of hearing date (Art. |
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102.006, Code of Criminal Procedure) . . . $1, plus postage; |
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(20) certified mailing of certified copies of an order |
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of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, |
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plus postage; |
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(20-a) a fee to defray the cost of notifying state |
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agencies of orders of expungement (Art. 45.0216, Code of Criminal |
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Procedure) . . . $30 per application; |
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(21) sight orders: |
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(A) if the face amount of the check or sight order |
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does not exceed $10 (Art. 102.007, Code of Criminal Procedure) . . . |
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not to exceed $10; |
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(B) if the face amount of the check or sight order |
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is greater than $10 but does not exceed $100 (Art. 102.007, Code of |
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Criminal Procedure) . . . not to exceed $15; |
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(C) if the face amount of the check or sight order |
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is greater than $100 but does not exceed $300 (Art. 102.007, Code of |
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Criminal Procedure) . . . not to exceed $30; |
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(D) if the face amount of the check or sight order |
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is greater than $300 but does not exceed $500 (Art. 102.007, Code of |
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Criminal Procedure) . . . not to exceed $50; and |
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(E) if the face amount of the check or sight order |
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is greater than $500 (Art. 102.007, Code of Criminal Procedure) . . |
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. not to exceed $75; |
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(22) fees for [a] pretrial intervention or diversion |
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programs [program]: |
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(A) a supervision fee (Art. 102.012(a), Code of |
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Criminal Procedure) . . . $60 a month plus expenses; [and] |
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(B) a district attorney, criminal district |
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attorney, or county attorney administrative fee (Art. 102.0121, |
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Code of Criminal Procedure) . . . not to exceed $500; |
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(C) a district attorney, criminal district |
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attorney, or county attorney administrative fee (Art. |
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102.0122(a)(1), Code of Criminal Procedure) . . . not to exceed |
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$500; and |
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(D) a fee payable to the county juvenile |
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delinquency prevention fund (Art. 102.0122(a)(2), Code of Criminal |
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Procedure) . . . $50; |
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(23) parking fee violations for child safety fund in |
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municipalities with populations: |
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(A) greater than 850,000 (Art. 102.014, Code of |
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Criminal Procedure) . . . not less than $2 and not to exceed $5; and |
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(B) less than 850,000 (Art. 102.014, Code of |
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Criminal Procedure) . . . not to exceed $5; |
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(24) an administrative fee for collection of fines, |
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fees, restitution, or other costs (Art. 102.072, Code of Criminal |
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Procedure) . . . not to exceed $2 for each transaction; |
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(25) a collection fee, if authorized by the |
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commissioners court of a county or the governing body of a |
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municipality, for certain debts and accounts receivable, including |
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unpaid fines, fees, court costs, forfeited bonds, and restitution |
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ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 |
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percent of an amount more than 60 days past due; and |
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(26) a cost on conviction for the truancy prevention |
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and diversion fund (Art. 102.015, Code of Criminal Procedure) . . . |
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$2. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 6. This Act takes effect September 1, 2017. |