Bill Text: TX SB1420 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to court costs and fees in criminal proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-03-18 - Referred to Jurisprudence [SB1420 Detail]

Download: Texas-2013-SB1420-Introduced.html

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83R9181 JSC-D
By: West S.B. No. 1420

A BILL TO BE ENTITLED
AN ACT
relating to court costs and fees in criminal proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 102, Government Code, is transferred to
Subtitle B, Title 3, Local Government Code, redesignated as Chapter
82A, Local Government Code, and amended to read as follows:
CHAPTER 82A [102]. COURT COSTS IN CRIMINAL PROCEEDINGS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 82A.001 [102.001]. APPLICABILITY OF OTHER LAW. [(a)]
To the extent of any conflict between the provisions of this chapter
and another state statute, the other statute prevails.
[(b) The organizational structure of this subtitle and the
statutory placement of a court fee or cost within that
organizational structure does not:
[(1) affect a duty imposed on or the authority granted
to a judge or clerk of a court by any other state statute with
respect to the imposition, assessment, or collection of the fee or
cost; or
[(2) impose a duty on or grant authority to a judge or
clerk of a court not otherwise imposed or granted by other law with
respect to the imposition, assessment, or collection of the fee or
cost.]
SUBCHAPTER B. COURT COSTS ON CONVICTION
Sec. 82A.051 [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) . . . $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.
Sec. 82A.052 [102.0211]. COURT COSTS ON
CONVICTION: GOVERNMENT CODE. A person convicted of an offense
shall pay the following under the Government Code, in addition to
all other costs:
(1) court costs on certain convictions in statutory
county courts (Sec. 51.702, Government Code) . . . $15; and
(2) court costs on certain convictions in certain
county courts (Sec. 51.703, Government Code) . . . $15.
Sec. 82A.053 [102.0212]. COURT COSTS ON CONVICTION: LOCAL
GOVERNMENT CODE. A person convicted of an offense shall pay the
following under the Local Government Code, in addition to all other
costs:
(1) court costs on conviction of a felony (Sec.
133.102, Local Government Code) . . . $133;
(2) court costs on conviction of a Class A or Class B
misdemeanor (Sec. 133.102, Local Government Code) . . . $83;
(3) court costs on conviction of a nonjailable
misdemeanor offense, including a criminal violation of a municipal
ordinance, other than a conviction of an offense relating to a
pedestrian or the parking of a motor vehicle (Sec. 133.102, Local
Government Code) . . . $40;
(4) a time payment fee if convicted of a felony or
misdemeanor for paying any part of a fine, court costs, or
restitution on or after the 31st day after the date on which a
judgment is entered assessing the fine, court costs, or restitution
(Sec. 133.103, Local Government Code) . . . $25;
(5) a cost on conviction of any offense, other than an
offense relating to a pedestrian or the parking of a motor vehicle
(Sec. 133.105, Local Government Code) . . . $6; and
(6) a cost on conviction of any offense, other than an
offense relating to a pedestrian or the parking of a motor vehicle
(Sec. 133.107, Local Government Code) . . . $2.
Sec. 82A.054 [102.0213]. COURT COSTS ON
CONVICTION: TRANSPORTATION CODE. A person convicted of an offense
shall pay the following under the Transportation Code, in addition
to all other costs:
(1) court cost on conviction of a misdemeanor under
Subtitle C, Title 7, Transportation Code (Sec. 542.403,
Transportation Code) . . . $3;
(2) cost for impoundment of vehicle (Sec. 601.263,
Transportation Code) . . . $15 per day; and
(3) a civil and criminal enforcement cost on
conviction of an offense of, or related to, the nonpayment of a toll
in certain counties (Sec. 284.2031, Transportation Code) . . . $1.
Sec. 82A.055 [102.0214]. COURT COSTS ON CONVICTION: PARKS
AND WILDLIFE CODE. A person convicted of an offense shall pay under
Section 12.110, Parks and Wildlife Code, in addition to all other
costs, the actual cost of any storage, care, feeding, cold
storage, or processing necessary for an unlawfully taken, shipped,
or possessed game bird, fowl, animal, game fish, or exotic animal.
SUBCHAPTER C. CRIMINAL COURT COSTS IN DISTRICT COURT
Sec. 82A.101 [102.041]. ADDITIONAL COURT COSTS ON
CONVICTION IN DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The
clerk of a district court shall collect fees and costs under the
Code of Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a county and district court technology fee (Art.
102.0169, Code of Criminal Procedure) . . . $4;
(5) a security fee on a felony offense (Art. 102.017,
Code of Criminal Procedure) . . . $5;
(6) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3; and
(7) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
$50.
Sec. 82A.102 [102.042]. ADDITIONAL COURT COSTS ON
CONVICTION IN DISTRICT COURT: HUMAN RESOURCES CODE. The clerk of a
district court shall collect from a defendant a court cost of $4
under Section 152.0522, Human Resources Code, on conviction in
Comal County.
SUBCHAPTER D. CRIMINAL COURT COSTS IN STATUTORY COUNTY COURT
Sec. 82A.151 [102.061]. ADDITIONAL COURT COSTS ON
CONVICTION IN STATUTORY COUNTY COURT: CODE OF CRIMINAL
PROCEDURE. The clerk of a statutory county court shall collect
fees and costs under the Code of Criminal Procedure on conviction of
a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for services of the clerk of the court (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a county and district court technology fee (Art.
102.0169, Code of Criminal Procedure) . . . $4;
(5) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(6) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
$50;
(7) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5 if the court employs a
juvenile case manager; and
(8) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10.
Sec. 82A.152 [102.062]. ADDITIONAL COURT COSTS ON
CONVICTION IN STATUTORY COUNTY COURT: HUMAN RESOURCES CODE. The
clerk of a statutory county court shall collect from a defendant a
court cost of $4 under Section 152.0522, Human Resources Code, on
conviction in Comal County.
SUBCHAPTER E. CRIMINAL COURT COSTS IN COUNTY COURT
Sec. 82A.201 [102.081]. ADDITIONAL COURT COSTS ON
CONVICTION IN COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The
clerk of a county court shall collect fees and costs under the Code
of Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a county and district court technology fee (Art.
102.0169, Code of Criminal Procedure) . . . $4;
(5) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(6) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
$50;
(7) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5 if the court employs a
juvenile case manager; and
(8) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10.
SUBCHAPTER F. CRIMINAL COURT COSTS IN JUSTICE COURT
Sec. 82A.251 [102.101]. ADDITIONAL COURT COSTS ON
CONVICTION IN JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk
of a justice court shall collect fees and costs under the Code of
Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24
hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $4;
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0173, Code of Criminal Procedure) . . . $4;
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5 if the court employs a
juvenile case manager;
(7) a fee on conviction of certain offenses involving
issuing or passing a subsequently dishonored check (Art. 102.0071,
Code of Criminal Procedure) . . . not to exceed $30;
(8) a court cost on conviction of a Class C misdemeanor
in a county with a population of 3.3 million or more, if authorized
by the county commissioners court (Art. 102.009, Code of Criminal
Procedure) . . . not to exceed $7; and
(9) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10.
Sec. 82A.252 [102.102]. ADDITIONAL COURT COSTS ON
CONVICTION IN JUSTICE COURT: BUSINESS & COMMERCE CODE. The clerk
of a justice court shall collect from a defendant a court cost not
to exceed $30 under Section 3.506, Business & Commerce Code, on
conviction of certain offenses involving issuing or passing a
subsequently dishonored check.
Sec. 82A.253 [102.103]. ADDITIONAL COURT COSTS ON
CONVICTION IN JUSTICE COURT: HUMAN RESOURCES CODE. A clerk of a
justice court shall collect from a defendant a court cost of $1.50
under Section 152.0522, Human Resources Code, on conviction in
Comal County.
SUBCHAPTER G. CRIMINAL COURT COSTS IN MUNICIPAL COURT
Sec. 82A.301 [102.121]. ADDITIONAL COURT COSTS ON
CONVICTION IN MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The
clerk of a municipal court shall collect fees and costs on
conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24
hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4;
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5 if the municipality
employs a juvenile case manager; and
(7) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.10.
SUBCHAPTER H. CRIMINAL COURT COSTS IN MUNICIPAL COURT OF RECORD
Sec. 82A.351 [102.141]. ADDITIONAL COURT COSTS IN
MUNICIPAL COURT OF RECORD: CODE OF CRIMINAL PROCEDURE. The clerk of
a municipal court of record shall collect from a defendant on
conviction of a misdemeanor offense a fee of not more than $4 under
Article 102.0172, Code of Criminal Procedure, for the technology
fund.
Sec. 82A.352 [102.142]. ADDITIONAL COURT COSTS IN
MUNICIPAL COURT OF RECORD: GOVERNMENT CODE. The clerk of a
municipal court of record shall collect the following fees and
costs:
(1) from an appellant, a fee for preparation of the
clerk's record (Sec. 30.00014, Government Code) . . . $25; and
(2) from an appellant in the City of El Paso, an
appellate court docket fee (Sec. 30.00147, Government Code) . . .
$25.
SECTION 2. (a) The Office of Court Administration of the
Texas Judicial System shall conduct a study on criminal court costs
and fees in this state and develop recommendations on improving
court cost and fee assessment and collection for criminal
defendants.
(b) The study described by Subsection (a) of this section
must assess the feasibility and desirability of:
(1) basing the amount of criminal court costs and fees
solely on the grade of offense;
(2) consolidating statutory references to criminal
court costs and fees;
(3) increasing criminal court costs and fees based on
cost-of-living increases through rulemaking; and
(4) providing training to judges, clerks, and other
court personnel on criminal court costs and fees.
(c) Not later than January 1, 2015, the Office of Court
Administration of the Texas Judicial System shall submit to the
legislature a report based on the study required by this section.
The report must include any legislative recommendations for
improving criminal court cost and fee assessment and collection for
criminal defendants in this state.
(d) This section expires January 31, 2015.
SECTION 3. Chapter 82A, Local Government Code, as added by
this Act, applies to a court cost or fee imposed on or after the
effective date of this Act, regardless of whether the offense for
which the cost or fee was imposed was committed before, on, or after
that date.
SECTION 4. This Act takes effect January 1, 2014.