85R1221 ADM-D     By: Perry S.B. No. 342       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, is 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 parent contributing   to student nonattendance (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 certain   misdemeanors and felonies (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 122, 123, 124,   or 125, Government Code, or former law (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.  This Act takes effect September 1, 2017.