Art. 102.020. COSTS RELATED TO DNA TESTING.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 221 (H.B. 941), Sec. 1
Text of subsection effective until January 01, 2017
(a) A person shall pay as a cost of court:
(1) $250 on conviction of an offense listed in Section 411.1471(a)(1), Government Code;
(2) $50 on conviction of an offense described by Section 411.1471(a)(3), Government Code; or
(3) $34 on placement of the person on community supervision, including deferred adjudication community supervision, if the person is required to submit a DNA sample under Section 11(j), Article 42.12.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.29
Text of subsection effective on January 01, 2017
(a) A person shall pay as a cost of court:
(1) $250 on conviction of an offense listed in Section 411.1471(a)(1), Government Code;
(2) $50 on conviction of an offense described by Section 411.1471(a)(3), Government Code; or
(3) $34 on placement of the person on community supervision, including deferred adjudication community supervision, if the person is required to submit a DNA sample under Article 42A.352.
(b) The court shall assess and make a reasonable effort to collect the cost due under this article whether or not any other court cost is assessed or collected.
(c) For purposes of this article, a person is considered to have been convicted if:
(1) a sentence is imposed; or
(2) the defendant receives community supervision or deferred adjudication.
(d) Court costs under this article are collected in the same manner as other fines or costs. An officer collecting the costs shall keep separate records of the funds collected as costs under this article and shall deposit the funds in the county treasury.
(e) The custodian of a county treasury shall:
(1) keep records of the amount of funds on deposit collected under this article; and
(2) send to the comptroller before the last day of the first month following each calendar quarter the funds collected under this article during the preceding quarter.
(f) A county may retain 10 percent of the funds collected under this article by an officer of the county as a collection fee if the custodian of the county treasury complies with Subsection (e).
(g) If no funds due as costs under this article are deposited in a county treasury in a calendar quarter, the custodian of the treasury shall file the report required for the quarter in the regular manner and must state that no funds were collected.
(h) Except as provided by Subsection (h-1), the comptroller shall deposit 35 percent of the funds received under this article in the state treasury to the credit of the state highway fund and 65 percent of the funds received under this article to the credit of the criminal justice planning account in the general revenue fund.
(h-1) The clerk of the court shall transfer to the comptroller any funds received under Subsection (a)(2) or (3). The comptroller shall credit the funds to the Department of Public Safety to help defray the cost of collecting or analyzing DNA samples provided by defendants who are required to pay a court cost under this article.
(i) Funds collected under this article are subject to audit by the comptroller.
(j) The court may waive the imposition of a court cost under this article if the court determines that the defendant is indigent and unable to pay the cost.
Added by Acts 2001, 77th Leg., ch. 1490, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1209 (S.B. 727), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1209 (S.B. 727), Sec. 2, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 221 (H.B. 941), Sec. 1, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.29, eff. January 1, 2017.
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