| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the amount of the reimbursement fee paid by a defendant |
|
|
for a peace officer's services in executing or processing an arrest |
|
|
warrant, capias, or capias pro fine. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 102.011(a), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(a) A defendant convicted of a felony or a misdemeanor shall |
|
|
pay the following reimbursement fees to defray the cost of the |
|
|
services provided in the case by a peace officer: |
|
|
(1) $5 for issuing a written notice to appear in court |
|
|
following the defendant's violation of a traffic law, municipal |
|
|
ordinance, or penal law of this state, or for making an arrest |
|
|
without a warrant; |
|
|
(2) $75 if the defendant is convicted of a felony, a |
|
|
Class A misdemeanor, or a Class B misdemeanor, or $50 if the |
|
|
defendant is convicted only of a Class C misdemeanor, for executing |
|
|
or processing an issued arrest warrant, capias, or capias pro fine, |
|
|
with the fee imposed for the services of: |
|
|
(A) the law enforcement agency that executed the |
|
|
arrest warrant or capias, if the agency requests of the court, not |
|
|
later than the 15th day after the date of the execution of the |
|
|
arrest warrant or capias, the imposition of the fee on conviction; |
|
|
or |
|
|
(B) the law enforcement agency that processed the |
|
|
arrest warrant or capias, if: |
|
|
(i) the arrest warrant or capias was not |
|
|
executed; or |
|
|
(ii) the executing law enforcement agency |
|
|
failed to request the fee within the period required by Paragraph |
|
|
(A); |
|
|
(3) $5 for summoning a witness; |
|
|
(4) $35 for serving a writ not otherwise listed in this |
|
|
article; |
|
|
(5) $10 for taking and approving a bond and, if |
|
|
necessary, returning the bond to the courthouse; |
|
|
(6) $5 for commitment or release; |
|
|
(7) $5 for summoning a jury, if a jury is summoned; and |
|
|
(8) $8 for each day's attendance of a prisoner in a |
|
|
habeas corpus case if the prisoner has been remanded to custody or |
|
|
held to bail. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a fee imposed for the execution or processing of an arrest |
|
|
warrant, capias, or capias pro fine issued for an offense committed |
|
|
on or after the effective date of this Act. A fee imposed for the |
|
|
execution or processing of an arrest warrant, capias, or capias pro |
|
|
fine issued for an offense committed before the effective date of |
|
|
this Act is governed by the law in effect on the date the offense was |
|
|
committed, and the former law is continued in effect for that |
|
|
purpose. For purposes of this section, an offense was committed |
|
|
before the effective date of this Act if any element of the offense |
|
|
occurred before that date. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |