85R3557 MEW-F     By: Moody H.B. No. 597       A BILL TO BE ENTITLED   AN ACT   relating to the creation of a graffiti pretrial diversion program;   authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 32, Code of Criminal Procedure, is   amended by adding Article 32.03 to read as follows:          Art. 32.03.  DISMISSAL OF CERTAIN GRAFFITI CHARGES ON   COMPLETION OF PRETRIAL DIVERSION PROGRAM. (a) Any time before   trial commences, on the joint motion of a defendant charged with an   offense punishable under Sections 28.08(b)(1)-(4) or (d), Penal   Code, and the attorney representing the state, a court may defer   proceedings pending the defendant's completion of a pretrial   diversion program in which the defendant must:                (1)  perform community service that:                      (A)  must, to the extent possible, include   graffiti removal; and                      (B)  may include outreach education focused on   graffiti prevention and eradication, youth mentoring in art-based   programs, mural painting, or another form of community service; and                (2)  make restitution to the owner of the property on   which the defendant made markings, by:                      (A)  reimbursing the owner of the property for the   cost of restoring the property; or                      (B)  with the consent of the owner of the   property, personally restoring the property by removing or painting   over any markings the defendant made.          (b)  The community service described by Subsection (a)(1)   must consist of:                (1)  at least 25 hours and not more than 100 hours if   the offense is punishable under Section 28.08(b)(1), Penal Code;                (2)  at least 50 hours and not more than 200 hours if   the offense is punishable under Section 28.08(b)(2), Penal Code;                (3)  at least 75 hours and not more than 300 hours if   the offense is punishable under Section 28.08(b)(3), Penal Code;   and                (4)  at least 100 hours and not more than 400 hours if   the offense is punishable under Section 28.08(b)(4) or (d), Penal   Code.          (c)  A court that defers proceedings under Subsection (a)   shall set a reasonable date by which the defendant must complete the   program described in that subsection, which may be extended in the   court's discretion not later than one year after the date the   proceedings were deferred.          (d)  A court shall dismiss the case if satisfactory evidence   is presented that the defendant successfully completed a program   under Subsection (a) by the date specified under Subsection (c).          SECTION 2.  Article 102.012(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  In addition to or in lieu of the supervision fee   authorized by Subsection (a), the court may order the defendant to   pay or reimburse a community supervision and corrections department   for any other expense that is:                (1)  incurred as a result of the defendant's   participation in the pretrial intervention program, other than an   expense described by Article 102.0121 or 102.0122; or                (2)  necessary to the defendant's successful completion   of the program.          SECTION 3.  Subchapter A, Chapter 102, Code of Criminal   Procedure, is amended by adding Article 102.0122 to read as   follows:          Art. 102.0122.  FEES FOR CERTAIN EXPENSES RELATED TO   GRAFFITI PRETRIAL DIVERSION PROGRAM. (a) A district attorney,   criminal district attorney, or county attorney may collect from any   defendant referred to a graffiti pretrial diversion program under   Article 32.03 fees in the following amounts:                (1)  an amount not to exceed $500 to be used to   reimburse a county for expenses, including expenses of the district   attorney's, criminal district attorney's, or county attorney's   office, related to the defendant's participation in a graffiti   pretrial diversion program offered in that county; and                (2)  the amount of $50 to be used for the prevention of   juvenile delinquency and for graffiti eradication.          (b)  Fees collected under Subsection (a)(1) shall be   deposited in the county treasury to the credit of a special fund to   be used solely to administer the graffiti pretrial diversion   program.          (c)  Fees collected under Subsection (a)(2) shall be   deposited in the county treasury to the credit of the county   juvenile delinquency prevention fund under Article 102.0171.          SECTION 4.  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   (Chapter 42A, 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 (Chapter 42A, Code of Criminal   Procedure) . . . not to exceed $50;                (7)  children's advocacy center fee (Chapter 42A, Code   of Criminal Procedure) . . . not to exceed $50;                (8)  family violence center fee (Chapter 42A, Code of   Criminal Procedure) . . . $100;                (9)  community supervision fee (Chapter 42A, Code of   Criminal Procedure) . . . not less than $25 or more than $60 per   month;                (10)  additional community supervision fee for certain   offenses (Chapter 42A, 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 (Chapter 42A, 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;                (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 $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 $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 $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 $50; and                      (E)  if the face amount of the check or sight order   is greater than $500 (Art. 102.007, Code of Criminal Procedure) . .   . not to exceed $75;                (22)  fees for [a] pretrial intervention or diversion   programs [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;                      (C)  a district attorney, criminal district   attorney, or county attorney administrative fee (Art.   102.0122(a)(1), Code of Criminal Procedure) . . . not to exceed   $500; and                      (D)  a fee payable to the county juvenile   delinquency prevention fund (Art. 102.0122(a)(2), Code of Criminal   Procedure) . . . $50;                (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;                (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; and                (26)  a cost on conviction for the truancy prevention   and diversion fund (Art. 102.015, Code of Criminal Procedure) . . .   $2.          SECTION 5.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   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 6.  This Act takes effect September 1, 2017.