Bill Text: TX HB1291 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the fees collected by prosecutors for collection and processing of certain checks or similar sight orders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-05 - Referred to Criminal Jurisprudence [HB1291 Detail]

Download: Texas-2015-HB1291-Introduced.html

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84R3078 JSC-D
By: Raymond H.B. No. 1291

A BILL TO BE ENTITLED
AN ACT
relating to the fees collected by prosecutors for collection and
processing of certain checks or similar sight orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 102.007(c), Code of Criminal Procedure,
is amended to read as follows:
(c) The amount of the fee may not exceed:
(1) $20 [$10] if the face amount of the check or sight
order does not exceed $10;
(2) $30 [$15] if the face amount of the check or sight
order is greater than $10 but does not exceed $100;
(3) $55 [$30] if the face amount of the check or sight
order is greater than $100 but does not exceed $300;
(4) $100 [$50] if the face amount of the check or sight
order is greater than $300 but does not exceed $500; [and]
(5) $150 [$75] if the face amount of the check or sight
order is greater than $500 but does not exceed $1,000;
(6) $350 if the face amount of the check or sight order
is greater than $1,000 but does not exceed $5,000;
(7) $475 if the face amount of the check or sight order
is greater than $5,000 but does not exceed $10,000;
(8) $675 if the face amount of the check or sight order
is greater than $10,000 but does not exceed $30,000;
(9) $800 if the face amount of the check or sight order
is greater than $30,000 but does not exceed $50,000; and
(10) $1,000 if the face amount of the check or sight
order is greater than $50,000.
SECTION 2. 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
(Art. 42.12, 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 (Art. 42.12, Code of Criminal
Procedure) . . . not to exceed $50;
(7) children's advocacy center fee (Art. 42.12, Code
of Criminal Procedure) . . . not to exceed $50;
(8) family violence center fee (Art. 42.12, Code of
Criminal Procedure) . . . $100;
(9) community supervision fee (Art. 42.12, Code of
Criminal Procedure) . . . not less than $25 or more than $60 per
month;
(10) additional community supervision fee for certain
offenses (Art. 42.12, 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 (Art. 42.12, 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;
(20-b) a fee to defray the cost of notifying state
agencies of orders of expunction (Art. 45.055, 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 $20 [$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 $30 [$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 $55 [$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 $100 [$50]; [and]
(E) if the face amount of the check or sight order
is greater than $500 but does not exceed $1,000 (Art. 102.007, Code
of Criminal Procedure) . . . not to exceed $150 [$75];
(F) if the face amount of the check or sight order
is greater than $1,000 but does not exceed $5,000 (Art. 102.007,
Code of Criminal Procedure) . . . not to exceed $350;
(G) if the face amount of the check or sight order
is greater than $5,000 but does not exceed $10,000 (Art. 102.007,
Code of Criminal Procedure) . . . not to exceed $475;
(H) if the face amount of the check or sight order
is greater than $10,000 but does not exceed $30,000 (Art. 102.007,
Code of Criminal Procedure) . . . not to exceed $675;
(I) if the face amount of the check or sight order
is greater than $30,000 but does not exceed $50,000 (Art. 102.007,
Code of Criminal Procedure) . . . not to exceed $800; and
(J) if the face amount of the check or sight order
is greater than $50,000 (Art. 102.007, Code of Criminal Procedure)
. . . not to exceed $1,000;
(22) fees for a pretrial intervention program:
(A) a supervision fee (Art. 102.012(a), Code of
Criminal Procedure) . . . $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; and
(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.
SECTION 3. The change in law made by this Act applies only
to a check or sight order issued or passed on or after the effective
date of this Act. A check or sight order issued or passed before the
effective date of this Act is governed by the law in effect at the
time of issuance or passing of the check or sight order, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2015.