district clerk fees criminal and civil...code of criminal procedure art. 102.005(f) c. $22.50 to...
TRANSCRIPT
DISTRICT CLERK FEES
Criminal and Civil
PATTI HENRY
CHAM BERS COU NT Y DIST R IC T CLER K
CDCAT Fall Conference September, 2018
Georgetown, Texas
TOPICS OF DISCUSSIONRecords Management Fee Types
Criminal Fees – Felonies
Fee Collection Statutes
Fee Collection Categories
Order of Collection
Civil Fees
Records Management Fee TypesRecords Management Fee – GC 51.317© - used for training, salaries involving records preservation/restoration, equipment, supplies as outlined in LGC 203.002.
Civil:
a. ©(1)- $5.00 to county(general-spent in various county offices)
b. ©(2)- $5.00 to clerk(dedicated fund)
Criminal:
Code of Criminal Procedure Art. 102.005(f)
c. $22.50 to county (general-spent in various county offices)
d. $2.50 to clerk (dedicated fund)
Records Management Fee Types, cont.
District Court Records Archive Fee – GC 51.305 – Civil - up to $10.00 (dedicated fund-restore and preserve records. Allowed to contract with third party vendors. Need CC approval).
County and District Court Technology Fund – CCP 102.0169 – Criminal - $4.00 (dedicated fund-continuing education of tech. enhancements, purchase of tech., need CC approval).
Court Records Preservation Fee – GC51.708 – Civil – up to $10.00 (dedicated fund-to digitize court records and preserve from natural disasters, salaries, supplies. Need CC approval).
CRIMINAL FEESBASIC COURT COSTS FOR FELONIES
FEES THAT ARE ALWAYS ASSESSED ON CONVICTION OR DEFERRED ADJUDICATION:
◦ Clerk Recording Fee – $40 Art. 102.005, Code of Criminal Procedure
◦ Consolidated Court Cost – $ 133 §133.1029(a), Local Government Code
◦ Records Management Fee – $25 – Art. 102.005(f), Code of Criminal Procedure
◦ Judicial Support Fee – $6 – §133.105(a), Local Government Code
◦ County & District Court Technology Fund Fee – $4 – Art. 102.0169, Code of Criminal Procedure
◦ Court Security Fee – up to $5 – Art. 102.017(a), Code of Criminal Procedure
◦ Indigent Defense Fund Fee – $2 - §133.107, Local Government Code
◦ Statewide E-Filing Fee – $5 – §51.851(d), Government Code
CRIMINAL FEES, CONT.
BASIC COURT COSTS FOR FELONIESFEES THAT ARE ASSESSED UNDER CERTAIN CIRCUMSTANCES:
◦ ON CONVICTION ONLY – NOT DEFERRED ADJUDICATION:
◦ Juror Reimbursement Fee – $4 – Art. 102.0045, CCP
◦ ON CONVICTION BY JURY ONLY:
◦ Jury Fee – $40 – Art. 102.004, CCP
◦ ON CONVICTION/DEFERRED ADJUDICATION IF LAW ENFORCEMENT VISUALLY RECORDED:
◦ Visual Recording Fee – $15 – Art. 102.018(a), CCP
◦ ON CONVICTION ONLY – NOT DEFERRED ADJUDICATION – COURT ORDERS:
◦ Restitution Installment Fee – $12 – Art. 42.037(g), CCP
BASIC COURT COSTS FOR FELONIES
FEES THAT ARE ASSESSED UNDER CERTAIN CIRCUMSTANCES:
◦ ON CONVICTION/DEFERRED ADJUDICATION
◦ Time Payment Fee - $25 - §133.103(a), LGC - if pays any part of fine, court costs, or restitution on
or after the 31st day on which judgment is entered.
◦ EMS Trauma Fund - $100 – Art. 102.0185, CCP – Intoxication offenses.
◦ Child Abuse Prevention Fund - $100 – Art. 102.0186, CCP – Child offense.
◦ Drug Court Cost - $60 – Art. 102.0178, CCP – Drug or Intoxication offenses.
◦ Juvenile Delinquency Prevention Fee - $50 – Art. 102.0171(a) CCP– Graffiti offense.
◦ ON CONVICTION/INCARCERATED
• DNA testing - $250 – Art. 102.020(a)(1) , CCP – assault and child offenses.
◦ ON COMMUNITY SUPERVISION including DEFERRED ADJUDICATION
◦ Family Violence Fee - $100 – Art. 42A.504(b), CCP – offense that involves family violence.
◦ DNA testing - $34 – Art. 102.020(a)(2), CCP – Felony specific cases if they have to submit a DNA sample under Art. 42A.352.
FEES FOUND UNCONSTITUTIONAL
EMS TRAUMA COST - Casas v. State 524 S.W. 3d 921 (Tex. App.-Fort
Worth 2017); Robison v. State, No. 06-17-00082-CR, 2017 Tex. App. Lexis
9713 (Tex. App.-Texarkana October 10, 2017) - The 2nd
and 16th
Court of
Appeals declared this fee facially unconstitutional.
JURY FEE – Johnson v. State, No. 14-16-00658-CR, 2018 Tex. App. Lexis
2136 (Tex. App. –Houston 14th
district, March 27, 2018, no pet.h.) – 1st
Court of Appeals declared this fee facially unconstitutional.
PLEASE CONSULT YOUR COUNTY ATTORNEY IF YOUR COURTS ARE IN
THESE JURISDICTIONS.
CRIMINAL FEES
PEACE OFFICER FEES THAT ARE ASSESSED ON CONVICTION OR DEFERRED
ADJUDICATION, WHEN SERVICE HAS BEEN PERFORMED ON BOTH
MISDEMEANORS AND FELONIES
All fees provided in Art. 102.011, Code of Criminal Procedure:
◦ Execute/Process Warrant, Capias, Capias Pro Fine – $50 Art. 102.011(a)(2)
◦ Serve Writ – $35 Art. 102.011(a)(4)
◦ Take & Approve Bond – $10 – Art. 102.011(a)(5)
◦ Arrest Without Warrant or Issue Notice to Appear – $5 – Art. 102.011(a)(1)
◦ Commitment to Jail/ Release from Jail – $5 – Art. 102.011(a)(6)
◦ Summon Jury – $5 – Art. 102.011(a)(7)
◦ Summon Witness (per witness) – $5 – Art. 102.011(a)(3)
◦ Convey Witness (per day) – $10 – Art. 102.011(c)
FEE COLLECTION STATUTESLocal Government Code 133.058 – Portion of Fee Retained.
(a) A county may retain 10 percent of the money collected from fees as a service fee for the collection IF the county remits the remainder of the fees to the comptroller within the period prescribed by Section 133.055(a) (which is quarterly).
(e) A county may not retain a service fee if, during an audit under Art. 103.0033(j), the OCA determines that the county in not in compliance with Art. 103.0033 and unable to reestablish compliance on or before 180th day after they receive written notice of said noncompliance.
Code of Criminal Procedure Art. 103.0033 – Collection Improvement Program.(b) A county with a population of 100,000 or greater, unless granted a waiver, each county shall develop and implement a collections program.
(j) The OCA shall periodically audit counties to verify information reported and confirm the county is conforming with the requirements of the program.
PLACING FEES IN THE CORRECT COLLECTION ORDER
The following in the way it is done in Tyler’s Odyssey case management system.
For those that do not use Odyssey, ask your IT department or consult your case management companies.
Court Appointed Attorney Costs
Orders for Repayment of Appointed Attorney Costs Under Code Criminal Procedure Article 26.05(g)
If the court determines that a defendant has financial resources that enable him to offset in part or in whole the costs of the legal services provided, including any expenses and costs, the court shall order the defendant to pay during the pendency of the charges or, if convicted, as court costs the amount that it finds the defendant is able to pay.
Texas Code of Criminal Procedure Article 26.05(g)
CIVIL FEESThis is the link to the TJB/OCA website. Find under publications/training-publications-filing fees and court costs.
http://www.txcourts.gov/media/1441896/dc-civ-fil-fees-010118.pdf
IMPORTANT OCA LINKS all effective 1/1/2018
Misdemeanor court cost chart
http://www.txcourts.gov/media/1441901/cc-misd-ct-cst-orig-010118.pdf
Felony court cost chart
http://www.txcourts.gov/media/1441902/dc-fel-ct-cst-010118.pdf
District court civil filing fees
http://www.txcourts.gov/media/1441896/dc-civ-fil-fees-010118.pdf
District court suits and actions
http://www.txcourts.gov/media/1441897/dc-civ-suits-actions-010118.pdf
