Bill Text: TX HB443 | 2011-2012 | 82nd Legislature | Engrossed

---

Bill Title: Relating to the amount of the fee paid by a defendant for a peace officer's services in executing or processing an arrest warrant, capias, or capias pro fine.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2011-04-20 - Referred to Criminal Justice [HB443 Detail]

Download: Texas-2011-HB443-Engrossed.html

---

82R2713 NAJ-D
By: Fletcher, Gonzalez, White H.B. No. 443

A BILL TO BE ENTITLED
AN ACT
relating to the amount of the 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 fees for services performed 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 [$50] 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) of this subdivision;
(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. Section 102.021, Government Code, as amended by
Chapters 902 (H.B. 666) and 1209 (S.B. 727), Acts of the 81st
Legislature, Regular Session, 2009, is reenacted and amended to
read as follows:
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
PROCEDURE. A person convicted of an offense shall pay the following
under the Code of Criminal Procedure, in addition to all other
costs:
(1) court cost on conviction of any offense, other
than a conviction of an offense relating to a pedestrian or the
parking of a motor vehicle (Art. 102.0045, Code of Criminal
Procedure) . . . $4;
(2) a fee for services of prosecutor (Art. 102.008,
Code of Criminal Procedure) . . . $25;
(3) fees for services of peace officer:
(A) issuing a written notice to appear in court
for certain violations (Art. 102.011, Code of Criminal Procedure)
. . . $5;
(B) executing or processing an issued arrest
warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
Procedure) . . . $75 [$50];
(C) summoning a witness (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(D) serving a writ not otherwise listed
(Art. 102.011, Code of Criminal Procedure) . . . $35;
(E) taking and approving a bond and, if
necessary, returning the bond to courthouse (Art. 102.011, Code of
Criminal Procedure) . . . $10;
(F) commitment or release (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(G) summoning a jury (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(H) attendance of a prisoner in habeas corpus
case if prisoner has been remanded to custody or held to bail
(Art. 102.011, Code of Criminal Procedure) . . . $8 each day;
(I) mileage for certain services performed
(Art. 102.011, Code of Criminal Procedure) . . . $0.29 per mile;
and
(J) services of a sheriff or constable who serves
process and attends examining trial in certain cases (Art. 102.011,
Code of Criminal Procedure) . . . not to exceed $5;
(4) services of a peace officer in conveying a witness
outside the county (Art. 102.011, Code of Criminal Procedure) . . .
$10 per day or part of a day, plus actual necessary travel expenses;
(5) overtime of peace officer for time spent
testifying in the trial or traveling to or from testifying in the
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
(6) court costs on an offense relating to rules of the
road, when offense occurs within a school crossing zone
(Art. 102.014, Code of Criminal Procedure) . . . $25;
(7) court costs on an offense of passing a school bus
(Art. 102.014, Code of Criminal Procedure) . . . $25;
(8) court costs on an offense of truancy or
contributing to truancy (Art. 102.014, Code of Criminal Procedure)
. . . $20;
(9) cost for visual recording of intoxication arrest
before conviction (Art. 102.018, Code of Criminal Procedure) . . .
$15;
(10) cost of certain evaluations (Art. 102.018, Code
of Criminal Procedure) . . . actual cost;
(11) additional costs attendant to certain
intoxication convictions under Chapter 49, Penal Code, for
emergency medical services, trauma facilities, and trauma care
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
(12) additional costs attendant to certain child
sexual assault and related convictions, for child abuse prevention
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
(13) court cost for DNA testing for certain felonies
(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
(14) court cost for DNA testing for the offense of
public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
Criminal Procedure) . . . $50;
(15) court cost for DNA testing for certain felonies
(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
(16) if required by the court, a restitution fee for
costs incurred in collecting restitution installments and for the
compensation to victims of crime fund (Art. 42.037, Code of
Criminal Procedure) . . . $12;
(17) if directed by the justice of the peace or
municipal court judge hearing the case, court costs on conviction
in a criminal action (Art. 45.041, Code of Criminal Procedure)
. . . part or all of the costs as directed by the judge; and
(18) costs attendant to convictions under Chapter 49,
Penal Code, and under Chapter 481, Health and Safety Code, to help
fund drug court programs established under Chapter 469, Health and
Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $60.
SECTION 3. The change in law made by this Act applies only
to a fee imposed for the execution or processing of a 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 a 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 4. To the extent of any conflict, this Act prevails
over another Act of the 82nd Legislature, Regular Session, 2011,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 5. This Act takes effect September 1, 2011.