AN ORDINANCE
OF THE CITY OF BASTROP, TEXAS AMENDING CHAPTER 8 TO ESTABLISH THE
JUVENILE CASE MANAGER FEE; PROVIDING FOR A SEVERANCE AND SAVINGS CLAUSE,
PUBLICATION, AND AN EFFECTIVE DATE.
WHEREAS, in its 79th Regular Legislative Session, the Texas Legislature
amended the Texas Code of Criminal Procedure, by adding a new Section
102.0174 thereto, which amendment authorizes municipalities, by ordinance,
to create a "juvenile case manager fund" ("Fund")
and require defendants convicted of 'fine-only misdemeanor offences'
to pay a case manager fee not to exceed five dollars ($5.00) into
such Fund, as a cost of court; and
WHEREAS, the City Council has considered the implementation of
such a Fund, related to the City's Municipal Court, and has determined
that the Fund would benefit the operations of the Municipal Court,
as well as the health, safety and welfare of the Bastrop community
at large, by providing the youth of the City with access to a juvenile
case manager for the court.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BASTROP, TEXAS:
Part 1: That Section 8.727 is hereby added to Chapter 8 of the
Code of Ordinances to read as follows:
Sec. 8.727 Juvenile Case Manager Fee/Fund.
(a) There is created
a juvenile case manager fee, as set forth in the
Texas Code of Criminal Procedure, Article 102.0174 ("Fee")..
(b) A defendant
convicted of a 'fine-only misdemeanor offense' in Municipal
Court shall pay juvenile case manager Fee, not to exceed five
dollars ($5.00), as a court cost. The Fee does not apply to
parking citations. For purposes of this section, a person
is considered to be `convicted' if:
|
(1) A sentence
is imposed on tl,e defendant by the Court: or
(2) The defendant receives deferred disposition from the
Court, including deferred proceedings under Article 45.052
or 45.053 of the Texas Code of Criminal Procedure.
|
(c) The Municipal
Court Judge is authorized to waive the juvenile case manager
Fee in cases of demonstrated financial hardship on the part
of a convicted defendant. For example, the Municipal Court
Judge may waive the Fee if the Judge has determined that the
defendant is: indigent; has insufficient resources or income
to pay the Fee; or, is otherwise unable to pay all or part
of the underlying fine or costs.
(d) The Municipal Court clerks shall collect the Fee and pay
it to the City treasurer to be kept in a separate fund known
as the "Juvenile Case Manager Fund."
(e) The Fund may be used only to finance the salary and benefits
of a juvenile case manager that is employed by the Municipal
Court under Texas Code of Criminal Procedure, Article 45.056.
(f) Upon approval
of the City Council, the Municipal Court may employ one or
more full-time juvenile case managers to assist the Court
in administering the Court's juvenile docket and in supervising
its court orders in juvenile cases.
(g) The Fund shall be administered by or under the direction
of the City Council.
(h) The juvenile case manager Fee shall be charged to and
applied only to conduct that occurs on or after January 1,
2006.
|
Part 2:
If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional
by final judgment of a court of competent jurisdiction, it shall not
affect any other section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance, for it is the definite intent
of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and
effect for its purpose.
Part 3: This Ordinance shall take effect upon the
date of final passage noted below, or when all applicable publication
requirements, if any, are satisfied in accordance with the City's
Charter, Code of Ordinances, and the laws of State of Texas.
READ and Acknowledged on
First Reading on the 8th day of November 2005.
READ and Adopted on Second Reading on the 22nd day of November 2005.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
APPROVED
AS TO FORM:
Jo-Christy Brown
City Attorney
