85R20169 LHC-D
 
  By: Minjarez, Deshotel H.B. No. 1997
 
  Substitute the following for H.B. No. 1997:
 
  By:  Moody C.S.H.B. No. 1997
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorizing a fee for certain pretrial diversion
  programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 102, Code of Criminal
  Procedure, is amended by adding Article 102.0111 to read as
  follows:
         Art. 102.0111.  FEES FOR PRETRIAL DIVERSION PROGRAMS.  A
  county pretrial services office may collect a supervision fee in an
  amount not to exceed $60 each month from a defendant participating
  in a pretrial diversion program operated by that office. If the
  office determines that the defendant is indigent, the office may
  require the defendant to pay a fee of less than $60 only in an amount
  the office determines would not cause undue hardship for the
  defendant.  The defendant may be required to pay the fee under this
  article as a condition of participating in the program.
         SECTION 2.  Article 103.004, Code of Criminal Procedure, is
  amended by adding Subsection (e) to read as follows:
         (e)  The custodian of the county treasury shall deposit in a
  special fund of the county treasury for the county pretrial
  services office serving the county money received from fees imposed
  under Article 102.0111, to be used only for the pretrial diversion
  program operated by that office.
         SECTION 3.  Subchapter B, Chapter 103, Government Code, is
  amended by adding Section 103.02101 to read as follows:
         Sec. 103.02101.  ADDITIONAL FEE FOR PRETRIAL DIVERSION
  PROGRAM:  CODE OF CRIMINAL PROCEDURE.  A defendant participating in
  a pretrial diversion program operated by a county pretrial services
  office shall, if required by the office, pay a supervision fee under
  Article 102.0111, Code of Criminal Procedure, in an amount not to
  exceed $60 each month.
         SECTION 4.  The change in law made by this Act applies only
  to a defendant who participates in a pretrial diversion program
  that begins on or after the effective date of this Act.  A defendant
  who participates in a pretrial diversion program that begins before
  the effective date of this Act is governed by the law in effect when
  the program began, and the former law is continued in effect for
  that purpose.
         SECTION 5.  This Act takes effect September 1, 2017.