Are You Smarter Than Your Court Software?

Transcription

1 Court Costs Workshop Are You Smarter Than Your Court Software? Susan McGilberry 1 Objectives Define conviction for purposes of court costs. Identify the court costs that municipal courts collect. Explain the breakdown of each court costs. Identify those costs for which the portion retained must be used for a special purpose. Describe the process for reporting and remitting to the State Comptroller. 2 What s the Big Deal? Top reasons for a State audit of costs: Improper Assessment of costs Improper Remittance of costs Improper Waiving of costs Late Reporting If Quarterly report filed timely, you get to keep 10% of the state s fees that were collected. Costs collected without authority are unjust enrichment and must be returned to the Defendant or turned over to the State s Unclaimed Property Division Erosion of public s trust and confidence 3

2 Quarterly Remittance of Fees to State Comptroller CCP Due on or before the last day of the month following each calendar quarter (ex: Jul Sep due by Oct 31): Remit money from all fees collected during the preceding quarter (excluding 10% if timely filed); and Submit Quarterly Report for criminal fees LGC If NO fees collected during the quarter, report still filed and must state that no fees were collected. The report must state that no fees were collected. 4 Portion of Fees Retained City may retain 10% (unless stated otherwise) of fees collected as a service fee IF Quarterly report timely filed. Timely = not later than the last day of the month following the end of the quarter reported. If audit by OCA determines City is non compliant with CCP (Collection Improvement Program) and is unable to become compliant within 180 days of notice of noncompliance, City does not retain 10%. 5 How to Remit? Paper form & check to State Comptroller Link to form: pdf File electronically thru Webfile on State Comptroller s website: ayment_only.html Some cities are required to file electronically. 6

3 Bill of Costs Source: The Recorder, March Court Costs Collected on Conviction 8 What is a Conviction? For purposes of collecting most court costs: Judgment, sentence, or both are imposed on Defendant; Defendant receives community supervision or deferred disposition; or Court defers final disposition of the case or imposition of the judgment and sentence LGC 9

4 Assessing of Costs Based on costs in effect on the date of offense. Authorized and/or mandated by statutes. May not be authorized by City Ordinance alone. Fees are court costs. 10 Consolidated Fee (CF) $ CCP Applies to all except parking and pedestrian offenses. 90% remitted to State on Quarterly Report (IF report timely filed) where it is divided up among 14 different accounts/funds 11 Judicial Support Fee (JSF) $ LGC Applies to all except parking or pedestrian offenses. Amount remitted: Remitted to State (IF timely filed): 90% ($5.40) remitted to State to be deposited into the judicial fund. 10% ($0.60) shall be deposited in the general fund of the municipality. To promote the efficient operation of the Court and the investigation, prosecution, and enforcement of offenses that are within the jurisdiction of the court. 12

5 Indigent Defense Fund (IDF) $ LGC Applies to all except parking and pedestrian offenses. 90% remitted to State on Quarterly report (IF timely filed) Fee to be used to fund indigent defense representation through the Fair Defense account. 13 Juror Reimbursement Fee (JRF) CCP Applies to all except parking and pedestrian offenses. 90% remitted to State on Quarterly Report (IF timely filed). Fee to be used to reimburse counties for the cost of juror services. 14 Truancy Prevention and Diversion Fund (TPDF) $2.00 Effective January 1, CCP Applies to all except parking and pedestrian offenses. 15

6 Truancy Prevention and Diversion Fund (TPDF) cont d Remitted to State: 50% ($1.00) IF the City is operating, establishing, or attempting to establish a Juvenile Case Manager (JCM) program. Money can only be used for operating or establishing a JCM program. If the City does NOT have a JCM program, nor is attempting to establish one, then the entire $2.00 must be remitted to the State. 16 State Traffic Fine (STF) $ TC Applies to ALL Rules of the Road offenses (Transportation Code, Chapters ) (Parking & Pedestrian Included) 95% ($28.50) remitted to State on Quarterly Report (IF timely filed). Money received by State Comptroller is deposited: 2/3 to State s General Revenue Fund 1/3 to trauma and EMS account ( HSC) 17 Local Traffic Fee (TFC) $ TC Applies to Rules of the Road offenses (Chapters TC) including Parking & Pedestrian City retains 100% 18

7 Child Safety Fund (CS) (School Zone) $25, $20, & up to $5 (Don t confuse with.15 Child Safety Seat (CSS), repealed ) CCP Fee Amount $25.00 o Applies to: Rules of the Road offenses ( TC) including Parking & Pedestrian occurring in a school crossing zone; Passing a School Bus; Fee Amount $20.00 o Applies to: Failure to Attend School; Parent Contributing to nattendance; 19 add l Child Safety Fund Fees (CS) Local Parking Ord./Reg./Order (a,b) CCP TC Allows Cities to adopt an ordinance, regulation or order which regulates the stopping, standing, or parking of vehicles. If a City has adopted such: If population is greater than 850,000: Mandatory fee of $2.00 to $5.00 Money to be deposited in the municipal child safety trust fund as required by Chapter 106 LGC ( (f) CCP) 20 Add l Child Safety Fund Fees (CS) Local Parking Ord./Reg./Order cont d If population is less than 850,000: Optional fee not to exceed $5.00 Money is to be used for school crossing guard program if one exists (g) CCP If not, or if money collected exceeds amount necessary for program, then: Deposit into interest bearing account Programs designed to enhance child safety, health or nutrition, child abuse prevention/intervention and drug and alcohol abuse prevention; or Programs designed to enhance public safety and security. 21

8 Moving Violation Fee (MVF) aka: Civil Justice Fee $ CCP Applies to: Moving Violations as defined by DPS (37 TAC 15.89) 90% remitted to State on Quarterly report (IF timely filed) Money deposited into Civil Justice Data Repository fund, to be used only by TCLEOSE to implement Occup. Code 22 Municipal Court Building Security Fund $ CCP City must have passed required ordinance establishing Building Security Fund. Applies to: All offenses (check ordinance) City retains 100% Can only be used for security personnel, services, and items related to buildings that house the operation of the municipal court. See (d 1) for listing. 23 Municipal Court Technology Fund up to $ CCP City must have passed required ordinance establishing Court Technology Fund. Applies to: All offenses (check ordinance) City retains 100% Can only be used for purchase of or to maintain technological enhancements for the Court 24

9 Juvenile Case Manager Fee up to $ CCP City must employ a JCM. City must pass Ordinance establishing JCM Fund. Applies to: All offenses (check ordinance) City retains 100% Can only be used for: Salary, Benefits, Training, Travel expenses, Office supplies, and Other necessary expenses of the JCM 25 Court Costs Services Performed by a Peace Officer CCP and LGC (State officers) 26 Peace Officer Services: Arrest Fee $ (a)(1) CCP Applies to all offenses. Upon conviction of offense in which a written notice to appear was issued following the violation of a traffic law, municipal ordinance, penal law, or Warrantless arrest. City retains 100% unless performed by State peace officer, then 20% remitted to State on Quarterly Report te: Does not apply to charges initiated by a filed complaint, such as a Failure to Appear or Violate Promise to Appear. 27

10 Peace Officer Services: Warrant Fee $ (a)(2) CCP Applies to all offenses Assessed upon conviction for executing or processing an Arrest Warrant, Capias, or Capias Pro Fine. te: (a)(2)(A,B) CCP City retains 100% unless performed by State officer, then 20% to State on Quarterly report CCP 28 Special te: Warrant Fee Warrant must be executed or processed by a peace officer (a)(2) CCP. Generally processed if a peace officer has: Attempted to contact the defendant by phone, and/or by mail; Processing also includes a peace officer entering the warrant in a data bank. 29 Peace Officer Services: Subpoena Fee $ (a)(3) CCP Applies to all offenses Assessed upon conviction for summoning a witness. City retains 100% unless performed by State officer, then 20% remitted to State on Quarterly report LGC 30

11 Peace Officer Services: Summons/Other Writ Fees $ (a)(4) CCP Applies to all offenses Assessed upon conviction for serving a writ not otherwise mentioned in section. City retains 100% unless performed by State officer, then 20% remitted to State on Quarterly report LGC 31 Peace Officer Services: Jury Summons Fee $ (a)(7) CCP Applies to all offenses Assessed upon conviction for summoning a jury, Pick Up Jury. City retains 100% unless performed by State officer, then 20% remitted to State on Quarterly report LGC. 32 Peace Officer Services: Testifying (overtime & mileage) $actual costs (b,i) CCP Applies to all offenses Assessed upon conviction for mileage (.29 /mile) and costs of overtime paid to officer. City retains 100% unless performed by State officer, then 20% remitted to State on Quarterly report LGC. 33

12 Time Payment Fee (TPF) $ LGC Collected upon conviction if any part of fine, court costs, fees, or restitution is paid on or after the 31 st day after date of judgment. 34 Time Payment Fee (TPF) cont d Amount Remitted: 50% ($12.50) to the State for General Revenue Fund. 50% ($12.50)stays with the City 10% ($2.50) Used for the purpose of improving the efficiency of the administration of justice ( Judicial Efficiency Fund/Fee ). requirement for the remaining $ Miscellaneous Other Fees Driving record fee; CCP, $10 plus TexasOnline cost (currently $2); 100% remitted to State on Quarterly report Driving Safety Course admin fee; CCP; $10; 100% retained by City Teen Court admin fee; CCP; $20 $10 for administering Teen Court; and $10 for cost of Teen Court performance of duties 36

13 Miscellaneous Other Fees Compliance Dismissal Fees Amounts & statutes vary (see chart) City retains 100% Expunction fees; CCP; CCP; ABC; HSC Fee amount: $30 City retains 100% Expunctions Certified Mailing CCP:» $1 plus postage for certified mailing of tice of Hearing Date; and» $2 plus postage for certified mailing of Certified Copy Of Expunction Order. 37 Jury Fee $ CCP Applies to: All offenses Defendant convicted by a jury or who withdraws jury trial request within 24 hours of the time of trial shall pay a jury fee of $3.00. City retains 100% 38 Jury Trial FTA Fee CCP Fee Amount Varies and is Optional Applies to: All offenses Defendant who does not waive a jury trial and who fails to appear for the trial may be ordered to pay costs incurred for impaneling the jury 39

14 OmniBase Fee (OMNI) $ TC and TC Imposed on failure to appear or failure to satisfy a judgment for any fine only offense if City has contracted with the Department of Public Safety to deny renewal of driver s licenses. Fee breakdown: Paid to the State $20.00 Paid to OmniBase $6.00 Retained by the City $ Scofflaw Fee (SCOFF) $ TC Optional Fee: Imposed for: Failure to appear or satisfy a judgment on outstanding warrant for traffic violation if City has contracted with the DMV (county) to deny renewal of vehicle registration. Entire fee goes to the county tax assessor. 41 Third Party Collections Fee 30% of total amt due CCP Contract with a third party collections firm; Amount is more than 60 days past due. 100% paid to collections agency. Cannot be used for any other purpose. 42

15 Special Expense FTA/VPTA up to $ CCP Applies to: The issuance and service of a warrant of arrest for FTA (38.10 PC) or VPTA ( TC). City must have passed Ordinance authorizing fee. City retains 100% with no restrictions. 43 Restitution Fee (REST) $ CCP Optional fee if restitution is paid in installments. Amount remitted: 50% to Compensation to Victims of Crime Fund. direction on how to remit funds. 44 Let s Bundle Pick your bundle of core court costs to assign to an offense. Court Costs chart (eff. Jan 1, 2014) 45

16 46 Choose Your Local Add ons Arrest Fee Moving Violation Fee Building Security Fund Court Technology Fund Juvenile Case Manager Fund Child Safety Fund $25 (Rules of the Road in School Zone & Passing School Bus) 47 Speeding (in School Zone) Bundle of Costs: CF $ JSF $ 6.00 IDF $ 2.00 JRF $ 4.00 Bundle of TPFD $ 2.00 "core" state costs STF $ from chart TFC $ 3.00 CS SZ $ AR $ 5.00 MVF $ 0.10 BSF $ 3.00 add ons CTF $ 4.00 "local" costs JCM $ 5.00 Total cc/fees $

17 Receiving Payments Applying Payments: Court Costs/fees are to be paid first (take priority over fine). A.G. Opinion GA 147, Sequencing Each fee, cost, and fine set up in your system is given a sequence, or order of priority when a payment is applied. Payments are applied in order of priority/sequence assigned: 1(st), 2(nd), 3(rd), 4(th), etc. Court Costs/Fees should have a fairly low sequence, such as 3, but not #1. Dismissal fees are sequenced before (lower #) other cc/fees so that they are the only fee paid. Only when cc/fees are paid in full is money allocated to pay the Fine. 50 Court Costs/Fees Paid First! Partial Payments: Court Costs/fees are to be paid first (take priority over fine). A.G. Opinion GA 147, If payment covers cc/fees due, pay them first, then apply any overage to the Fine. If payment received does not cover full amount of costs due, then apply equally to all cc/fees. Partial Payment formula (when not enough to cover cc): Amount collected = percentage to apply Total costs/fees to each cost/fee $50.00 = 72.46% to each $69.00 cost/fee 51

18 Formula: Amt paid Divided by Amt due = % to apply to each cost. $100/$ = Partial Payments Speeding (in School Zone) Costs: Amount Due $100 pmt Allocation CF $ $ JSF $ $ 4.65 IDF $ $ 1.55 JRF $ $ 3.10 TPFD $ $ 1.55 STF $ $ TFC $ $ 2.32 CS SZ $ $ AR $ $ 3.87 MVF $ $.08 BSF $ $ 2.32 CTF $ $ 3.10 JCM $ $ 3.87 Total cc/fees $ $ Common Payment Allocation Mistakes Applying to the fine first, then to court costs/fees Applying to state court costs/fees first, then to local costs/fees, then to fine Applying evenly among court costs/fees and fine t remitting timely 53 Make Sure Your Software Is As Smart As You Are! Check Your System Setup Review Court Costs Attached To Each Violation Statute on each violation New Court Cost eff. Jan 1, 2014 $2 Truancy Prevention and Diversion Fund 50% to City IF it has JCM program or is attempting to establish one Review General Ledger account numbers assigned to court costs & fees 54

19 Resources Municipal Courts Financial Management Handbook MN FinMgmtHndbk Dec07.pdf Court Costs Charts: OCA: nvictionscourtcostchart.pdf TMCEC: 55 Got Questions? Susan McGilberry Huntsville Municipal Court

20 Figure: 37 TAC 15.89(b) Page 1 of 6 10/13/2013 Figure: 37 TAC 15.89(b) Arrest Title Aggravated assault with motor vehicle Driver Responsibility Points Allow passenger to stand/sit improperly on a school bus Bus driver failed to activate warning signal/equipment Bus failed to stop at RR crossing Bus shifting gears while crossing RR tracks Carry motorcycle passenger under 5; except in side car Changed lane when unsafe Child passenger safety seat offense Coasting Coasting (truck, truck tractor or bus, specify) with clutch disengaged Consume alcohol while driving Criminal negligent homicide with motor vehicle--1st or 2nd degree Crossed RR with heavy equipment without notice Crossed RR with heavy equipment without stop (or safety) Crossing fire hose without permission Crossing physical barrier Cut across driveway to make turn Cut corner left turn Cut in after passing Did not use designated lane or direction Disregard solid green turn signal arrow Disregard warning signs or barricades Disregarded flashing red signal (at stop sign, etc.) Disregarded flashing yellow signal Disregarded lane control signal Disregarded no lane change sign Disregarded no passing zone Disregarded police officer Disregarded RR crossing gate or flagman Disregarded signal at RR crossing Disregarded traffic control device Disregarded turn marks at intersection

21 Figure: 37 TAC 15.89(b) Page 2 of 6 10/13/2013 Disregarded warning sign at construction Drive into block where fire engine stopped Driving around barricades Driving under influence Driving under influence (DUI)--minor Driving under influence of drugs Driving while impaired Driving while intoxicated > 0.16 Driving while intoxicated with child younger than 15 yoa Driving while intoxicated--felony Driving while intoxicated--juvenile Driving while intoxicated--misdemeanor Driving while intoxicated--on beach Driving while intoxicated--probated Driving while intoxicated--under 21 Driving while license disqualified--cmv Driving while license suspended under provisions of DL laws Driving while license suspended--sr Drove center lane (not passing, not turning left) Drove on (or across) streetcar tracks where prohibited Drove on sidewalk Drove on wrong side--rr crossing Drove on wrong side of approaching bridge Drove on wrong side of divided highway Drove on wrong side of road Drove on wrong side road approaching intersection Drove on wrong side road approaching RR grade crossing Drove on wrong side road awaiting access to ferry Drove onto (or from) controlled access highway where prohibited Drove through safety zone Drove to left of rotary traffic island Drove without lights--when required Drove wrong way in designated lane Drove wrong way on one-way roadway Endorsement violation CDL Fail stop proper place-flash red signal

22 Figure: 37 TAC 15.89(b) Page 3 of 6 10/13/2013 Fail to control speed Fail to dim headlights--following Fail to dim headlights--meeting Fail to drive in single lane Fail to give hand signals when required Fail to give info/render aid Fail to give one-half of roadway Fail to keep to right on mountain road Fail to pass left safely Fail to pass met vehicle to right Fail to pass to right safely Fail to signal for stop Fail to signal required distance before turning Fail to signal turn Fail to signal with turn indicator Fail to sound horn--mountain road Fail to stop--designated point--at stop sign Fail to stop--designated point--at yield sign Fail to stop and render aid--felony Fail to stop and render aid--misdemeanor Fail to stop at marked RR crossing Fail to stop at proper place (at traffic light) Fail to stop at proper place (flashing red signal) Fail to stop at proper place (not at intersection) Fail to stop for approaching train Fail to stop for school bus (or remain stopped, specify) Fail to stop for streetcar--or stop at wrong location Fail to stop--emerging from alley, driveway or bldg. Fail to use due care for pedestrian Fail to use proper headlight beam Fail to yield at stop intersection Fail to yield at yield intersection Fail to yield for blind or incapacitated person Fail to yield right of way Fail to yield right of way from private road Fail to yield row at open intersection (specify type) Fail to yield row leaving (private drive, alley, building) Fail to yield row on green arrow signal Fail to yield row on green signal

23 Figure: 37 TAC 15.89(b) Page 4 of 6 10/13/2013 Fail to yield row on left at obstruction Fail to yield row to emergency vehicle Fail to yield row to pedestrian at signal intersection Fail to yield row to pedestrian in crosswalk Fail to yield row to pedestrian in crosswalk--no signal Fail to yield row to pedestrian on sidewalk Fail to yield row to pedestrian turning right or left at intersection Fail to yield row--changing lanes Fail to yield row--turning left (at intersection, alley, private road or driveway) Fail to yield row--turning right on red signal Fail to yield to vehicle in intersection Fail to yield to vehicle leaving highway Failed to give way when overtaken Failed to signal lane change Fleeing from police officer Following ambulance Following fire apparatus Following too closely Following too closely--caravan Following too closely--truck Head lamps glaring not adjusted Heavy equipment disregarded signal of train Illegal backing Illegal pass on right Illegally passed streetcar Impeding traffic Improper passing Improper turn Improper turn or stop hand signal Improper use of auxiliary driving lamps Improper use of auxiliary passing lamps Improper use of lighting--hwy. equip. Improper use of spot lamps Improper use of turn indicator Increased speed while being overtaken Interfere with streetcar

24 Figure: 37 TAC 15.89(b) Page 5 of 6 10/13/2013 Intoxication assault Intoxication assault motor vehicle Intoxication manslaughter Intoxication manslaughter motor vehicle Involuntary manslaughter with motor vehicle Lack of caution on green arrow signal Leaving scene of accident Made U-turn on curve or hill Negligent collision commercial driver license (CDL) double trailer endorsement (CDL) driver license hazmat endorsement (CDL) motorcycle endorsement passenger vehicle endorsement (CDL) tank vehicle endorsement (CDL) school bus endorsement (CDL) Obstructed view through windshield Obstructing traffic Open Container DRIVER Operate school bus over passenger design capacity Operate school bus with door open Operate vehicle more than one passenger-minor Operate vehicle where prohibited Operate vehicle with child in open bed Passed streetcar on left without reducing speed or without caution Passed vehicle stopped for pedestrian Passed--insufficient clearance Passengers/load obstruct driver's view or control Passing authorized emergency vehicle Permitted/operated unsafe vehicle Person(s) riding in trailer or semi-trailer Prohibited motor vehicle on controlled-access highway Racing--drag racing--acceleration contest, etc. Ran red light Ran stop sign Reckless driving Restriction violation--cdl

25 Figure: 37 TAC 15.89(b) Page 6 of 6 10/13/2013 Slower vehicle failed to keep to right Speed under minimum Speeding Speeding > 10% above posted speed limit Speeding--15 miles or over (CDL) Speeding--school zone Too many riders on motorcycle Turned across dividing section Turned left from wrong lane Turned right from wrong lane Turned right too wide Turned so as to impede or interfere with streetcar Turned when unsafe Unauthorized use of siren, bell or whistle Unsafe speed (too fast for conditions) Unsafe start Unsafe start from parked, stopped or standing position Use of school bus signal for wrong purpose Use wireless device while driving bus Use wireless device while driving--minor Use wireless device in school zone Veh. hauling explosives (or flammable materials) failed to stop at RR crossing Veh. hauling explosives failed to reduce speed at RR crossing Vehicle without required equipment or in unsafe condition Violate DL restriction Violate DL restriction on occupational license Violate operating hours-minor Violated out of service order Violated out-of-service order hazmat and/or passenger Wrong side road--not passing Wrong side, 4 or more lane, two-way roadway

26 COMPLIANCE DISMISSALS Effective September 1, 2013 Offense Statute Mandatory or Discretionary Dismissal Expired vehicle registration Operate vehicle without valid registration insignia properly displayed Attaching or displaying on a vehicle a registration insignia that is assigned for a period other than in effect Operate vehicle without two valid license plates Section (b), Transportation Code Section (d), Transportation Code Section (c), Transportation Code Section (d), Transportation Code Court may dismiss Court may dismiss Court may dismiss Court may dismiss Length of Time to Comply 20 working days after the date of the offense or before the defendant s first court appearance, whichever is later Before defendant s first court appearance Before defendant s first court appearance Before the defendant s first court appearance Required Conditions Defendant must remedy the defect; and Show proof of payment of late registration fee to county assessorcollector Defendant must: Remedy the defect; or Show that vehicle was issued a registration insignia that was attached to the vehicle establishing that the vehicle was registered for the period during which the offense was committed Defendant must remedy the defect Defendant must remedy the defect Amount of Fee Fee optional t to exceed $20 Fee required t to exceed $10 Fee required t to exceed $10 Fee required t to exceed $10 Attaching or displaying on a vehicle a license plate that is assigned for a period other than in effect, or has a blurring, reflective, coating, covering, or protective matter or attached illuminated device, sticker, decal, or emblem that obscures, impairs, or interferes with the plate s readability Expired driver s license Fail to report change of address or name on driver s license Violate driver s license restriction or endorsement Operate vehicle with defective required equipment (or in unsafe condition) Expired Inspection *Repealed as of 3/1/15 Expired disabled parking placard Operate vessel with expired certificate of number Section (d), Transportation Code Section (a), Transportation Code Section (d), Transportation Code Section (d), Transportation Code Section (c), Transportation Code Section , Transportation Code Section , Transportation Code Section (f), Parks & Wildlife Code Court may dismiss Court may dismiss Court may dismiss Court may dismiss Court may dismiss Court shall dismiss if expired not more than 60 days Court may dismiss if expired more than 60 days Court shall dismiss if expired not more than 60 days Court may dismiss if expired more than 60 days Court may dismiss Before the defendant s first court appearance 20 working days after the date of the offense or before the defendant s first court appearance, whichever is later 20 working days after the date of the offense Before the defendant s first court appearance Before the defendant s first court appearance 20 working days after the date of the offense or before the defendant s first court appearance, whichever is later 20 working days after the date of the offense or before the defendant s first court appearance, whichever is later 10 working days after the date of the offense Defendant must: Remedy the defect; and Show that vehicle was issued a plate that was attached to the vehicle establishing that the vehicle was registered for the period during which the offense was committed Defendant must remedy the defect Defendant must remedy the defect Defendant must show that: Driver s license restriction or endorsement was imposed because of a physical condition that was surgically or otherwise medically corrected before the date of the offense, or in error and that is established by the defendant; and DPS removes the restriction or endorsement before the defendant s first court appearance Defendant must remedy the defect Does not apply if the offense involves a commercial motor vehicle Defendant must remedy the defect Defendant must remedy the defect Defendant must remedy the defect Certificate cannot be expired more than 60 days Fee required t to exceed $10 Fee optional t to exceed $20 Fee required t to exceed $20 Court may waive in interest of justice Fee required t to exceed $10 Fee required t to exceed $10 Fee required t to exceed $20 Fee required t to exceed $20 Fee required t to exceed $10

27 Municipal Ordinance OFFENSE/DESCRIPTION COURT COSTS For conviction of offenses committed on or after January 1, 2014 State CF State JSF Parking (authorized by Section or Chapter 682, *1 *1 N/A N/A N/A N/A N/A N/A N/A Transportation Code) Pedestrian N/A N/A N/A N/A N/A N/A N/A N/A N/A Other city ordinances not categorized above N/A N/A N/A State Law Transportation Code, Rules of the Road (Chapters ) Parking and Pedestrian (in school crossing zone) N/A N/A N/A N/A N/A Parking and Pedestrian (outside school crossing zone) N/A N/A N/A N/A N/A N/A Passing a School Bus (Section ) *2 Other Rules of the Road offense in a school crossing zone *2 Other Rules of the Road offense outside a school crossing zone State IDF State JRF State TPDF State STF Local TFC Local CS Total N/A *2 Parking and Pedestrian Offense (not under the Rules of the Road) N/A N/A N/A N/A N/A N/A N/A N/A N/A Education Code Parent Contributing to nattendance (Section ) N/A N/A Failure to Attend School (Section ) N/A N/A All other fine-only misdemeanors not mentioned above N/A N/A N/A *2 For the purpose of assessing, imposing, and collecting most court costs and fees, a person is considered to have been convicted if, pursuant to Section of the Local Government Code or the specific statute authorizing the court cost, either: a judgment, sentence or both are imposed on the person; or the person receives a DSC, deferred disposition, or some other deferral (see Articles of the Code of Criminal Procedure). In contrast, this expanded definition of conviction does not appear in the statute establishing the Juror Reimbursement Fee. *1 Additional Child Safety Fund costs: $2-$5 court cost for cities with population greater than 850,000 that have adopted appropriate ordinance, regulation, or order (mandatory). Up to $5 court cost for cities with population less than 850,000 that have adopted appropriate ordinance, regulation, or order (optional). *2 MVF: Add 10 court cost on all moving violations. Moving violations are found in Title 37, Section 15.89(b) of the Texas Administrative Code. te that some moving violations are in codes other than the Transportation Code. Because passing a school bus is a moving violation, the 10 has already been calculated into the total.

28 Abbreviation Name of Cost/Fee Legal Reference Applies To Portion Remitted, Retained CF Consolidated Fee Section , Local Government Code JSF Judicial Support Fee Section , Local Government Code IDF Indigent Defense Fund Section , Local Government Code JRF Juror Reimbursement Fee Article , Code of Criminal Procedure All but parking and pedestrian offenses All but parking and pedestrian offenses All but parking and pedestrian offenses All but parking and pedestrian offenses 90% State, 10% City If timely remitted on quarterly report 90% State, 10% City If timely remitted on quarterly report Portion retained by city must be used to promote the efficient operation of the court and the investigation, prosecution, and enforcement of offenses within the court s jurisdiction. 90% State, 10% City If timely remitted on quarterly report 90% State, 10% City If timely remitted on quarterly report TPDF Truancy Prevention and Diversion Fund Article , Code of Criminal Procedure All but parking and pedestrian offenses 50% State, 50% City If city is operating, establishing, or attempting to establish a JCM program; otherwise 100% to State Remitted on quarterly report Must be used to operate or establish a JCM program STF State Traffic Fine Section , Transportation Code TFC Local Traffic Fee Section , Transportation Code CS Child Safety Fund Article , Code of Criminal Procedure MVF Moving Violation Fee Article , Code of Criminal Procedure Rules of the Road offenses (Chapters , Transportation Code) Rules of the Road offenses (Chapters , Transportation Code) Rules of the Road offenses occurring in a school crossing zone; passing a school bus; failure to attend school; parent contributing to nonattendance; some city ordinance parking violations Moving violations (Title 37, Section 15.89(b) of the Texas Administrative Code) 95% State, 5% City If timely remitted on quarterly report 100% City 100% City Must be deposited in municipal child safety trust fund in municipalities with population greater than 850,000 For others, shall first fund school crossing guard program with excess expended for programs designed to enhance public safety and security 90% State, 10% City If timely remitted on quarterly report

29 FEES (add the following whenever they apply): The following fees are collected upon conviction for services performed by a peace officer (Article of the Code of Criminal Procedure and Section of the Local Government Code): $5 arrest fee for issuing a written notice to appear in court following the defendant s violation of a traffic law, municipal ordinance, penal law, or for making an arrest without a warrant; when service is performed by a peace officer employed by the State, 20% is sent to the State on the quarterly report. $50 warrant fee for executing or processing an issued arrest warrant, capias, or capias pro fine; when service is performed by a peace officer employed by the State, 20% is sent to the State on the quarterly report; when service is performed by another agency, that agency can request the amount of the fee. $5 for serving a subpoena. $5 for summonsing a jury. $35 for serving any other writ (includes summons for a defendant or a child s parent). Other costs: costs for peace officer s time testifying off duty or mileage for certain transports. Fees created by city ordinance Juvenile Case Manager Fee: up to $5 on every conviction if governing body has passed required ordinance establishing a juvenile case manager fund and has hired a juvenile case manager; to be used only to finance the salary, benefits, training, travel expenses, office supplies, and other necessary expenses of the juvenile case manager (Article of the Code of Criminal Procedure). Municipal Court Building Security Fund: $3 on every conviction if governing body has passed required ordinance establishing building security fund; to be used only for security personnel, services, and items related to buildings that house the operation of the municipal court (Article of the Code of Criminal Procedure). Municipal Court Technology Fund: up to $4 on every conviction if governing body has passed required ordinance establishing the municipal court technology fund; to be used only to finance the purchase of or to maintain technological enhancements for the municipal court (Article of the Code of Criminal Procedure). Special Expense Fee: up to $25 for execution of a warrant for failure to appear or violation of promise to appear if governing body has passed required ordinance (Article of the Code of Criminal Procedure). Jury Fees $3.00 fee collected upon conviction when a case is tried before a jury or when the defendant requested a jury trial and then withdrew the request within 24 hours of the trial setting (Article of the Code of Criminal Procedure). Actual costs incurred for impanelling a jury when the defendant fails to appear for a jury trial (Article of the Code of Criminal Procedure). Time Payment Fee: $25 fee on conviction if defendant pays any part of the fine, court costs, fees, or restitution on or after the 31 st day after the date judgment is entered; 50% is remitted to the State on the quarterly report; 50% stays with the city; $2.50 of that shall be used for the purpose of improving the efficiency of the administration of justice and the city shall prioritize the needs of the judicial officer who collected the fee (Section of the Local Government Code). Restitution Fee: $12 optional fee if defendant pays restitution in installments; 50% remitted to the State for the crime victims compensation fund (Article of the Code of Criminal Procedure). Contractual enforcement options: OmniBase Fee: $30 for failure to appear or failure to satisfy a judgment for any fine-only offense if city has contracted with the Department of Public Safety to deny renewal of driver s licenses; 66% is sent to the State on the quarterly report; 33% is retained by the city out of which OmniBase is paid (Sections and of the Transportation Code). Scofflaw Fee: $20 optional fee for failure to appear or satisfy a judgment on an outstanding warrant for violation of a traffic law if the city has contracted with the Department of Motor Vehicles to deny renewal of vehicle registration; entire fee goes to the county tax-assessor (Section of the Transportation Code). Third Party Collection Fee: 30% of the unpaid fines, fees, costs, restitution, or forfeited bonds if the city has a contract with a third party collections agency and the amount is more than 60 days past due or more than 60 days have elapsed since the defendant s failure to appear (Article of the Code of Criminal Procedure).

30 OFFENSE: CC/FEES PARTIAL PMT CC/FEE AMOUNT AMOUNT AMOUNT CF (Consolidated Fee) $ JSF (Judicial Support) $ 6.00 IDF (Indigent Defense) $ 2.00 JRF (Jury Reimbursement) $ 4.00 TPD (Truancy Prevention & Diversion) $ 2.00 STF (State Traffic Fine) $ TFC (Local Traffic Fee) $ 3.00 CS SZ (Child Safety School Zone) $ CS ED (Child Safety Education Code) $ CS PK (Child Safety ordinance parking) $ 5.00 MVF (Moving Violation) $ 0.10 BSF (Building Security) $ 3.00 CTF (Court Technology) $ 4.00 JCM (Juvenile Case Manager) $ 5.00 AR (Arrest) $ 5.00 WRNTFE (Warrant) $ SUBP (Subpoena) $ 5.00 SUMM (Summons) $ JSUMM (Jury Summons) $ 5.00 TEST/OT (Testify/Overtime) $ Actual TPF (Time Payment) $ DL (Driving Record) $ DSC (DSC Admin) $ TEEN (Teen Court) $ DISMIS (Compl Dismissal $10) $ DISMI2 (Compl Dismissal $20) $ EXP (Expunction Filing) $ EXP NOT (Expunction tice of Hearing) $ 6.11 EXP ORD (Expunction Copy of Order) $ 7.11 JURY (Jury) $ 3.00 JFTA (Jury FTA) $ Actual REST (Restitution) $ OMNI (OmniBase) $ SCOFF (Scofflaw) $ COLAGY (Collections Agency) 30% FTA/VPTA (Special Exp FTA/VPTA) $ FINE $ $ $ TOTAL $ $

31 NEW VIOLATION SET UP CHECK LIST Offense: Date: Statute: DPS Code: State Costs (according to Chart): CC/FEE AMOUNT Y/N? AMOUNT CF (Consolidated Fee) $ $ JSF (Judicial Support) $ 6.00 $ IDF (Indigent Defense) $ 2.00 $ JRF (Jury Reimbursement) $ 4.00 $ TPD (Truancy Prevention & Diversion) $ 2.00 $ STF (State Traffic Fine) $ $ TFC (Local Traffic Fee) $ 3.00 $ Local Costs: CC/FEE AMOUNT Y/N? AMOUNT BSF (Building Security Ord.?) $ 3.00 $ CTF (Court Technology Ord.?) $ 4.00 $ JCM (Juvenile Case Manager?) $ 5.00 $ MVF (Moving Violation?) $ 0.10 $ AR (tice to Appear/Arrest by P.O.?) $ 5.00 $ CS SZ (TC R/R in School Zone?) $ $ CS ED (Fail to Attend or Parent Contrib?) $ $ CS PK (Ordinance Parking?) $ 5.00 $ Total Amount of cc/fees assigned to offense: $