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HomeMy WebLinkAboutOrd 568-2012 Collect Fees for Municipal Court Bldg Security Fund, etc..pdfCITY OF ANNA, TEXAS ORDINANCE NO. 568-2012 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING PART II, ARTICLE 41 OF THE ANNA CITY CODE OF ORDINANCES TO CODIFY ITS AUTHORIZATION TO COLLECT A FEE FOR THE MUNICIPAL COURT BUILDING SECURITY FUND, A FEE FOR SERVICES OF PEACE OFFICERS, AND A FEE FOR THE CHILD SAFETY FUND. WHEREAS, the City of Anna, Texas is a home-rule municipality and is authorized to collect certain court fees and costs as authorized under the Texas Code of Criminal Procedure, the Texas Local Government Code, the Texas Transportation Code and other applicable state statutes; and WHEREAS, the City of Anna, Texas City Council (the "City Council") has adopted ordinances in the past establishing such fees to be required to be paid as court fees and costs; and WHEREAS, the City Council desires to set forth such fees and costs in the Anna City Code of Ordinances; and WHEREAS, the City Council desires to set forth the categories of expenses that may be funded as relates to the Municipal Court Building and Security Fund; and WHEREAS, the City Council desires to set forth court fees and costs related to fees of peace officers and fees related to a Child Safety Fund for convictions for certain offenses; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. In accordance with Part II, Article 9 of the Anna City Code of Ordinances, the following amendment is made to Part II, Article 41, by adding a new Section 13 as follows: Section 13. Municipal Court Building Security Fund. (a) In this section, "fund" means the Municipal Court Building Security Fund. (b) In this section, "conviction" has the meaning assigned by Texas Code of Criminal Procedure Art. 102.017(c). Ord.568-2012 Amending Municipal Court Fees Page 1 016 01-10-12 (d) The clerk(s) of the respective courts shall collect the costs and pay them to the City treasurer, or to any other official who discharges the duties delegated to the City treasurer or finance director. for the deposit into the fund. (e) The fund created under this section may be used only to finance security personnel for the municipal courts and to finance items used for providing security services for the buildings holding the municipal court, including: (1) the purchase or repair of X-ray machines and conveying systems; (2) handheld metal detectors: (3) walkthrough metal detectors; (4) identification cards and systems: (5) electronic locking and surveillance equipment; (6) video teleconferencing systems; (7) bailiffs, deputy sheriffs. deputy constables. or contract security personnel during times when they are providing appropriate security services; (8) signage; (9) confiscated weapon inventory and tracking systems; (10) locks. chains, alarms. or similar security devices; (11) the purchase or repair of bulletproof glass; (12) continuing education on securitv issues for court personnel and security personnel; and (13) warrant officers and related equipment. (f) The fund must be administered under the direction of the City Council. SECTION 2. In accordance with Part II, Article 9 of the Anna City Code of Ordinances, the following amendment is made to Part II, Article 41, by adding a new Section 14 as follows: I Section 14. Fees for Services of Peace Officers. On:l.568-2012 Amending Municipal Court Fees Page 2 016 01-1()"12 (a) In this section, "conviction" or "convicted" has the meaning assigned by Texas Local Government Code Section 133.101. (b) A defendant convicted of 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) $50 for executing or processing an issued arrest warrant or capias. 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 (8) The law enforcement agency that processed the arrest warrant or capias. if: (i) the arrest warrant or capias was not executed: or (ij) the executing law enforcement agency failed to request the fee within the period required by Paragraph CA) of this subsection. (3) $5 for summoning a witness; (4) $35 for serving a writ not otherwise listed in this section; (5) $10 for taking and approving a bond and, if necessary. returning the bond to the courthouse: (6) $5 for a 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. (c) In addition to fees provided by subsection (a) of this section. a defendant required to pay fees under this section shall also pay 29 cents per mile for mileage required of an officer to perform a service listed in this subsection Cc) and to return from performing that service. If the service provided is the execution of a writ and the writ is directed to two or more persons or the officer executes more than one writ in a case the defendant is r uire to a on milea e actuall and Ord.568-2012 Amending Municipal Court Fees Page 3 016 01-1Q..12 necessarily traveled. In calculating mileage, the officer must use the railroad or the most practical route by private conveyance. The defendant shall also pay all necessary and reasonable expenses for meals and lodging incurred by the officer in the performance of services under this section, to the extent such expenses meet the requirements of Texas Government Code Section 611.001. This subsection applies to: (1) conveying a prisoner after conviction to the county jail; (2) conveying a prisoner arrested on a warrant or capias issued in another county to the court or jail of the county; and (3) traveling to execute criminal process, to summon or attach a witness, and to execute process not otherwise described by this section. (d) If an officer attaches a witness on the order of a court outside the county, the defendant shall pay $10 per day or part of a day spent by the officer conveying the witness and actual necessary expenses for travel by the most practical public conveyance. In order to receive expenses under this subsection, the officer must make a sworn statement of the expenses and the judge issuing the attachment must approve the statement. (e) A fee under subsection (a)(1) or (a)(2) of this section shall be assessed upon conviction, regardless of whether the defendant was also arrested at the same time for another offense, and shall be assessed for each arrest made of a defendant arising out of the offense for which the defendant has been convicted. (f) In addition to fees proved by Subsections (a) through (d) of this section, a defendant required to pay fees under this section shall also pay the costs of overtime paid to a peace officer for time spent testifying in the trial of the case or for traveling to or from testifying in the trial of the case. (g) The fees collected under this section by the court clerk shall be deposited in the City's general fund unless otherwise directed by the City Council. SECTION 3. In accordance with Part II, Article 9 of the Anna City Code of Ordinances, the following amendment is made to Part II, Article 41, by adding a new Section 15 as follows: Ord.568-2012 Amending Municipal Court Fees Page4of6 01-1()"12 Section 15. Child Safety Fund. (a) In this section. "fund" means the Child Safety Fund. (b) In this section. "conviction" or "convicted" has the meaning assigned by Texas Local Government Code Section 133.101. (c) A person convicted of a violation of an ordinance. regulation. or order regulating the stopping. standing. or parking of vehicles (as allowed by Section 542.202. Transportation Code. or Chapter 682. Transportation Code) shall pay an additional fine of $5 for each parking violation as a cost of court. (d) A person convicted of an offense under Subtitle C. Title 7. Transportation Code. when the offense occurs within a school crossing zone as defined by Section 541.302 of that code. shall pay as court costs $25 in addition to other taxable court costs. A person convicted of an offense under Section 545.066. Transportation Code, shall pay as court costs $25 in addition to other taxable court costs. (e) A person convicted of an offense under Section 25.093 or 25.094. Education Code. shall pay as taxable court costs $20 in addition to other taxable court costs. (f) The additional court costs under subsections (c)-(e) of this Section 15 shall be collected in the same manner that other fines and taxable court costs in the case are collected. (g) The money collected under this Section 15 must be used for a school crossing guard program if. at the time the funds are received, the City operates one. If the City does not operate a school crossing guard program or if the money received from court costs from municipal court cases exceeds the amount necessary to fund the school crossing guard program. the City may: (1) deposit the additional money in an interest-bearing account; (2) expend the additional money for programs designed to enhance child safety, health. or nutrition, including child abuse prevention and intervention and drug and alcohol abuse and prevention; or (3) expend the additional money for programs designed to enhance public safety and security. (h) The court clerk. or other collecting officer as designated by the court clerk shall kee se arate records of the mone collected under this Ord.568-2012 Amending Municipal Court Fees Page50f6 01-10-12 this Section 15. SECTION 4. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences. clauses, and phrases be declared unconstitutional or invalid. SECTION 5. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this 10th day of January, 2012. ATTESTED: APPROVED: Ord.568-2012 Amending Municipal Court Fees Page 6 of6 01-10-12