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A BILL TO BE ENTITLED
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AN ACT
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relating to the amount of the fee paid by a defendant for a peace |
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officer's services in executing or processing an arrest warrant, |
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capias, or capias pro fine. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 102.011(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) A defendant convicted of a felony or a misdemeanor shall |
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pay the following fees for services performed in the case by a peace |
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officer: |
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(1) $5 for issuing a written notice to appear in court |
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following the defendant's violation of a traffic law, municipal |
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ordinance, or penal law of this state, or for making an arrest |
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without a warrant; |
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(2) $75 [$50] for executing or processing an issued |
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arrest warrant, capias, or capias pro fine with the fee imposed for |
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the services of: |
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(A) the law enforcement agency that executed the |
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arrest warrant or capias, if the agency requests of the court, not |
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later than the 15th day after the date of the execution of the |
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arrest warrant or capias, the imposition of the fee on conviction; |
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or |
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(B) the law enforcement agency that processed the |
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arrest warrant or capias, if: |
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(i) the arrest warrant or capias was not |
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executed; or |
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(ii) the executing law enforcement agency |
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failed to request the fee within the period required by Paragraph |
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(A) [of this subdivision]; |
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(3) $5 for summoning a witness; |
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(4) $35 for serving a writ not otherwise listed in this |
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article; |
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(5) $10 for taking and approving a bond and, if |
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necessary, returning the bond to the courthouse; |
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(6) $5 for commitment or release; |
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(7) $5 for summoning a jury, if a jury is summoned; and |
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(8) $8 for each day's attendance of a prisoner in a |
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habeas corpus case if the prisoner has been remanded to custody or |
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held to bail. |
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SECTION 2. 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 following |
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under the Code of Criminal Procedure, in addition to all other |
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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) . . . $75 [$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 parent contributing |
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to student nonattendance (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 certain |
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misdemeanors and felonies (Art. 102.020(a)(2), Code of Criminal |
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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 under Chapter 49, |
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Penal Code, and under Chapter 481, Health and Safety Code, to help |
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fund drug court programs established under Chapter 122, 123, 124, |
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or 125, Government Code, or former law (Art. 102.0178, Code of |
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Criminal Procedure) . . . $60. |
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SECTION 3. The change in law made by this Act applies only |
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to a fee imposed for the execution or processing of a warrant, |
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capias, or capias pro fine issued for an offense committed on or |
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after the effective date of this Act. A fee imposed for the |
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execution or processing of a warrant, capias, or capias pro fine |
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issued for an offense committed before the effective date of this |
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Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2019. |