Bill Text: TX SB157 | 2023-2024 | 88th Legislature | Introduced


Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2023-03-07 - Co-author authorized [SB157 Detail]

Download: Texas-2023-SB157-Introduced.html
  88R612 ADM-D
 
  By: Perry S.B. No. 157
 
 
 
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.
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