85R11879 MAW-D

By: Rose H.B. No. 2724

A BILL TO BE ENTITLED

AN ACT

relating to community supervision in this state and the waiver or modification of certain fees, fines, and costs imposed on certain defendants; changing fees applicable to community supervision or a defendant's participation in certain programs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 42A.304, Code of Criminal Procedure, is amended by amending Subsection (c) and adding Subsections (h) and (i) to read as follows:

(c) A defendant required or allowed to perform community service under this article is not a state employee for the purposes of Chapter 501 or 504, Labor Code.

(h) Each hour that a defendant required to perform community service under this article spends participating in a rehabilitative, educational, or vocational program satisfies one hour of required community service if the judge determines that the defendant's participation in the program tends to mitigate a risk factor identified by a risk and needs assessment of the defendant.

(i) If a defendant is unable to pay, as ordered under this chapter, community supervision fees, fines, or court costs or the costs of legal services as described by Article 42A.301(11), the judge shall allow the defendant to discharge, at the rate provided by Article 43.09(k), all or part of the fees, fines, or costs by performing community service.

SECTION 2. Article 42A.652, Code of Criminal Procedure, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) Except as otherwise provided by this article, a judge who grants community supervision to a defendant shall set a fee in the applicable amount according to the schedule adopted under Section 509.018, Government Code, [of not less than $25 and not more than $60] to be paid each month during the period of community supervision by the defendant to:

(1) the court of original jurisdiction; or

(2) the court accepting jurisdiction of the defendant's case, if jurisdiction is transferred under Article 42A.151.

(a-1) A judge who grants community supervision or the judge of the court accepting jurisdiction of a defendant's case under Article 42A.151 may adjust the fee required to be paid under Subsection (a) as necessary based on changes to any of the factors listed in Section 509.018, Government Code, used in the setting of the initial fee.

SECTION 3. Article 42A.751, Code of Criminal Procedure, is amended by amending Subsection (i) and adding Subsection (i-1) to read as follows:

(i) The court may not revoke a defendant's community supervision or extend a defendant's period of community supervision based solely on the defendant's failure [In a revocation hearing at which it is alleged only that the defendant violated the conditions of community supervision by failing] to pay [compensation paid to appointed counsel,] community supervision fees, fines, or court costs or to pay the costs of legal services as described by Article 42A.301(11), unless the court determines that:

(1) the defendant was able to pay and did not pay as ordered; or

(2) the defendant:

(A) is unable to pay; and

(B) could have discharged the amount under Article 42A.304(i) without experiencing any undue hardship but failed to make a good faith effort to do so.

(i-1) For purposes of Subsection (i)(1), the state must prove by a preponderance of the evidence that the defendant was able to pay and did not pay as ordered by the judge.

SECTION 4. Article 43.091, Code of Criminal Procedure, is amended to read as follows:

Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR INDIGENT DEFENDANTS AND FOR CHILDREN. A court shall waive payment of costs and may waive payment of a fine [or cost] imposed on a defendant [who defaults in payment] if the court determines that:

(1) the defendant is indigent or was, at the time the offense was committed, a child as defined by Article 45.058(h); and

(2) each alternative method of discharging the fine or cost under Article 43.09 or 42.15 would impose an undue hardship on the defendant.

SECTION 5. Article 102.012(a), Code of Criminal Procedure, is amended to read as follows:

(a) A court that authorizes a defendant to participate in a pretrial intervention program established under Section 76.011, Government Code, may order the defendant to pay to the court a monthly supervision fee in the applicable [an] amount according to the schedule adopted under Section 509.018, Government Code, [not more than $60 per month] as a condition of participating in the program.

SECTION 6. Section 76.015(c), Government Code, is amended to read as follows:

(c) A department may assess a monthly [a reasonable] administrative fee in the applicable amount according to the schedule adopted under Section 509.018 [of not less than $25 and not more than $60 per month] on an individual who participates in a program operated by the department or receives services from the department and who is not paying a monthly fee under Article 42A.652, Code of Criminal Procedure.

SECTION 7. Section 103.021, Government Code, is amended to read as follows:

Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs under the Code of Criminal Procedure if ordered by the court or otherwise required:

(1) a personal bond fee (Art. 17.42, Code of Criminal Procedure) . . . the greater of $20 or three percent of the amount of the bail fixed for the accused;

(2) cost of electronic monitoring as a condition of release on personal bond (Art. 17.43, Code of Criminal Procedure) . . . actual cost;

(3) a fee for verification of and monitoring of motor vehicle ignition interlock (Art. 17.441, Code of Criminal Procedure) . . . not to exceed $10;

(3-a) costs associated with operating a global positioning monitoring system as a condition of release on bond (Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, subject to a determination of indigency;

(3-b) costs associated with providing a defendant's victim with an electronic receptor device as a condition of the defendant's release on bond (Art. 17.49(b)(3), Code of Criminal Procedure) . . . actual costs, subject to a determination of indigency;

(4) repayment of reward paid by a crime stoppers organization on conviction of a felony (Art. 37.073, Code of Criminal Procedure) . . . amount ordered;

(5) reimbursement to general revenue fund for payments made to victim of an offense as condition of community supervision (Chapter 42A, Code of Criminal Procedure) . . . not to exceed $50 for a misdemeanor offense or $100 for a felony offense;

(6) payment to a crime stoppers organization as condition of community supervision (Chapter 42A, Code of Criminal Procedure) . . . not to exceed $50;

(7) children's advocacy center fee (Chapter 42A, Code of Criminal Procedure) . . . not to exceed $50;

(8) family violence center fee (Chapter 42A, Code of Criminal Procedure) . . . $100;

(9) community supervision fee (Chapter 42A, Code of Criminal Procedure) . . . amount ordered [not less than $25 or more than $60 per month];

(10) additional community supervision fee for certain offenses (Chapter 42A, Code of Criminal Procedure) . . . $5 per month;

(11) for certain financially able sex offenders as a condition of community supervision, the costs of treatment, specialized supervision, or rehabilitation (Chapter 42A, Code of Criminal Procedure) . . . all or part of the reasonable and necessary costs of the treatment, supervision, or rehabilitation as determined by the judge;

(12) fee for failure to appear for trial in a justice or municipal court if a jury trial is not waived (Art. 45.026, Code of Criminal Procedure) . . . costs incurred for impaneling the jury;

(13) costs of certain testing, assessments, or programs during a deferral period (Art. 45.051, Code of Criminal Procedure) . . . amount ordered;

(14) special expense on dismissal of certain misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) . . . not to exceed amount of fine assessed;

(15) an additional fee:

(A) for a copy of the defendant's driving record to be requested from the Department of Public Safety by the judge (Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal to the sum of the fee established by Section 521.048, Transportation Code, and the state electronic Internet portal fee;

(B) as an administrative fee for requesting a driving safety course or a course under the motorcycle operator training and safety program for certain traffic offenses to cover the cost of administering the article (Art. 45.0511(f)(1), Code of Criminal Procedure) . . . not to exceed $10; or

(C) for requesting a driving safety course or a course under the motorcycle operator training and safety program before the final disposition of the case (Art. 45.0511(f)(2), Code of Criminal Procedure) . . . not to exceed the maximum amount of the fine for the offense committed by the defendant;

(16) a request fee for teen court program (Art. 45.052, Code of Criminal Procedure) . . . $20, if the court ordering the fee is located in the Texas-Louisiana border region, but otherwise not to exceed $10;

(17) a fee to cover costs of required duties of teen court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the court ordering the fee is located in the Texas-Louisiana border region, but otherwise $10;

(18) a mileage fee for officer performing certain services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per mile;

(19) certified mailing of notice of hearing date (Art. 102.006, Code of Criminal Procedure) . . . $1, plus postage;

(20) certified mailing of certified copies of an order of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, plus postage;

(20-a) a fee to defray the cost of notifying state agencies of orders of expungement (Art. 45.0216, Code of Criminal Procedure) . . . $30 per application;

(21) sight orders:

(A) if the face amount of the check or sight order does not exceed $10 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $10;

(B) if the face amount of the check or sight order is greater than $10 but does not exceed $100 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $15;

(C) if the face amount of the check or sight order is greater than $100 but does not exceed $300 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $30;

(D) if the face amount of the check or sight order is greater than $300 but does not exceed $500 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $50; and

(E) if the face amount of the check or sight order is greater than $500 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $75;

(22) fees for a pretrial intervention program:

(A) a supervision fee (Art. 102.012(a), Code of Criminal Procedure) . . . amount ordered [$60 a month plus expenses]; and

(B) a district attorney, criminal district attorney, or county attorney administrative fee (Art. 102.0121, Code of Criminal Procedure) . . . not to exceed $500;

(23) parking fee violations for child safety fund in municipalities with populations:

(A) greater than 850,000 (Art. 102.014, Code of Criminal Procedure) . . . not less than $2 and not to exceed $5; and

(B) less than 850,000 (Art. 102.014, Code of Criminal Procedure) . . . not to exceed $5;

(24) an administrative fee for collection of fines, fees, restitution, or other costs (Art. 102.072, Code of Criminal Procedure) . . . not to exceed $2 for each transaction;

(25) a collection fee, if authorized by the commissioners court of a county or the governing body of a municipality, for certain debts and accounts receivable, including unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 percent of an amount more than 60 days past due; and

(26) a cost on conviction for the truancy prevention and diversion fund (Art. 102.015, Code of Criminal Procedure) . . . $2.

SECTION 8. Section 103.0211, Government Code, is amended to read as follows:

Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs under the Government Code if ordered by the court or otherwise required:

(1) a court reporter fee when testimony is taken:

(A) in a criminal court in Dallas County (Sec. 25.0593, Government Code) . . . $3;

(B) in a county criminal court of appeals in Dallas County (Sec. 25.0594, Government Code) . . . $3;

(C) in a county court at law in McLennan County (Sec. 25.1572, Government Code) . . . $3; and

(D) in a county criminal court in Tarrant County (Sec. 25.2223, Government Code) . . . $3;

(2) a court reporter service fee if the courts have official court reporters (Sec. 51.601, Government Code) . . . $15 or, in specified counties, $30;

(3) a speedy trial rights waiver motion filing fee in El Paso County (Sec. 54.745, Government Code) . . . $100;

(4) the costs of a criminal magistrate if the court determines that the nonprevailing party is able to defray the costs:

(A) in Bexar County (Sec. 54.913, Government Code) . . . magistrate's fees;

(B) in Dallas County (Sec. 54.313, Government Code) . . . magistrate's fees;

(C) in Lubbock County (Sec. 54.883, Government Code) . . . magistrate's fees;

(D) in Tarrant County (Sec. 54.663, Government Code) . . . magistrate's fees; and

(E) in Travis County (Sec. 54.983, Government Code) . . . magistrate's fees;

(5) an administrative fee for participation in certain community supervision programs (Sec. 76.015, Government Code) . . . amount ordered [not less than $25 and not more than $60 per month]; and

(6) fee paid on filing a petition for an order of nondisclosure of criminal history record information in certain cases (Subchapter E-1, Chapter 411, Government Code) . . . $28.

SECTION 9. Chapter 509, Government Code, is amended by adding Section 509.018 to read as follows:

Sec. 509.018. SCHEDULE OF FEES RELATED TO SUPERVISION. (a) The division shall adopt a fee schedule applicable to the amount of a fee that is authorized by:

(1) Section 76.015(c); or

(2) Article 42A.652 or 102.012(a), Code of Criminal Procedure.

(b) The fee schedule must establish the monthly fee to be paid by a person under a provision listed in Subsection (a) and must calculate the fee based on the person's:

(1) income;

(2) family size;

(3) regular living expenses; and

(4) other relevant factors that vary based on the person.

(c) The division shall update the fee schedule as the division considers necessary to reflect changes attributable to inflation and other relevant factors.

SECTION 10. Not later than January 1, 2018, the community justice assistance division of the Texas Department of Criminal Justice shall adopt the fee schedule required by Section 509.018, Government Code, as added by this Act.

SECTION 11. Article 43.091, Code of Criminal Procedure, as amended by this Act, applies to a criminal proceeding that commences before, on, or after the effective date of this Act.

SECTION 12. Articles 42A.304 and 42A.751, Code of Criminal Procedure, as amended by this Act, apply to a person on community supervision on or after the effective date of this Act, regardless of whether the person was placed on community supervision before, on, or after the effective date of this Act.

SECTION 13. Articles 42A.652 and 102.012(a), Code of Criminal Procedure, and Section 76.015(c), Government Code, as amended by this Act, apply only to a fee that is due on or after the effective date of this Act.

SECTION 14. To the extent of any conflict, this Act prevails over another Act of the 85th Legislature, Regular Session, 2017, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 15. This Act takes effect September 1, 2017.