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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing a fee for certain pretrial diversion |
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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. Subchapter A, Chapter 102, Code of Criminal |
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Procedure, is amended by adding Article 102.0111 to read as |
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follows: |
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Art. 102.0111. FEES FOR PRETRIAL DIVERSION PROGRAMS. A |
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county pretrial services office may collect a supervision fee in an |
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amount not to exceed $60 each month from a defendant participating |
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in a pretrial diversion program operated by that office. If the |
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office determines that the defendant is indigent, the office may |
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require the defendant to pay a fee of less than $60 only in an amount |
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the office determines would not cause undue hardship for the |
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defendant. The defendant may be required to pay the fee under this |
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article as a condition of participating in the program. |
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SECTION 2. Article 103.004, Code of Criminal Procedure, is |
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amended by adding Subsection (e) to read as follows: |
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(e) The custodian of the county treasury shall deposit in a |
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special fund of the county treasury for the county pretrial |
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services office serving the county money received from fees imposed |
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under Article 102.0111, to be used only for the pretrial diversion |
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program operated by that office. |
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SECTION 3. Subchapter B, Chapter 103, Government Code, is |
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amended by adding Section 103.02101 to read as follows: |
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Sec. 103.02101. ADDITIONAL FEE FOR PRETRIAL DIVERSION |
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PROGRAM: CODE OF CRIMINAL PROCEDURE. A defendant participating in |
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a pretrial diversion program operated by a county pretrial services |
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office shall, if required by the office, pay a supervision fee under |
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Article 102.0111, Code of Criminal Procedure, in an amount not to |
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exceed $60 each month. |
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SECTION 4. The change in law made by this Act applies only |
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to a defendant who participates in a pretrial diversion program |
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that begins on or after the effective date of this Act. A defendant |
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who participates in a pretrial diversion program that begins before |
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the effective date of this Act is governed by the law in effect when |
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the program began, and the former law is continued in effect for |
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that purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |