ORDER NO. 29326 SET NEW JUROR REIMBURSEMENT FOR JURY SERVICE Came to be heard this the 22nd day of August, 2005, with a motion made by Commissioner Letz, seconded by Commissioner Williams. The Court unanimously approved by vote of 3-0-0 to: Set the juror service fees as follows: $6 to report, even if not selected to serve on jury $15 to report, and is selected to serve on jury $40 for second and subsequent days if selected to serve on jury ~ ~ =~~ ~~ j ~ ~ ~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FIIRNISH ONE ORIGINAL AND NINE COPIES OF THE REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY Linda Uecker OFFICE: Disrict Clerk MEETING DATE: ~~_ ~ ~~'~ ~ TIME PREFERRID: SUBJECT: (PLEASE BY SPECIFIC) _ n Update the court on SB 1704, relating to jury service. (J/~.dQ ~~" EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Linda Uecker , ESTIMATED LENGTH OF PRESENTATION: 10 Minutes IF PERSONNELL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted pursuant with Title 5, Chapter 551 and 552, Government Code is by 5:00 PM on the previous Tuesday of a meeting scheduled for Mondays. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVID ON: All agenda requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. See Agenda Request Rules adopted by the Commissioners' Court. SB1704, relating to jury service Grand or petit jurors shall be paid not less than $6 for the first day served as a jury but not less than $40 for each day thereafter. The county may 51e a claim for reimbursement for $34 per day after the first day of service. It says the commissioner's court shall apply for the but it should probably be done by the treasurer. The comptroller will pay the claims quarterly IF SUFFICIENT FUNS ARE AVAILABLE, if not the comptroller will divide the money proportionately. To offset the increase in the jury reimbursement, $4 shall be added to every conviction of an offense that was committed after 9-1-2005. This bill states it's exemption to GC.51.607 so that means we collect the fee effective 9-1-05. The increase injury reimbursement is effective 1-1-2006. Sec. 4 (unrelated to the commissioners court) is that the CLERK SHALL grant postponements and keep track of who has and when. (this will in itself increase work load) S.B. No. 1704 AN ACT relating to jury service. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subsection (a), Section 61.001, Government Code, is amended to read as follows: (a) Each grand juror or petit juror in a civil or criminal case in a district court, criminal district court, county court, county court at law, or justice court is entitled to receive as reimbursement for travel and other expenses an amount: (1) not less than $6 for_ the first day or_f_xaction o£ the fi_r st day. served as a juror; and (2) not less than $40 [^^^ ^^ ""^ c`n7 for each day or fraction o£ each day served as a juror after the first da~_ SECTION 2. Chapter 61, Government Code, is amended by adding Section 61.0015 to read as follows: Sec. 61.0015. REIMBURSEMENT TO COUNTY. (a) The state shall reimburse a county $39 a day for the reimbursement paid to_a grand juror or petit furor under _Section 61.001 for each day or fraction of each day served as a_luror after the First daV• (b) The commissioners_court_, of a county entitled to reimbursement under thi s_ sect_i on may _f Ile a,claim for reimbursement with the comptroller. (c) The comptroller shall pay claims for reimbursement _ -- under this section quarterlVto the county treasury of each county that filed a claim from money collected under Article 102.0045, Code of Criminal Procedure, and deposited in the jury service fund. (d) If sufficient money described by Subsection (c) is not available to satisfy th_e claims for reimbursement filed by the counties under this section, the comptroller shall apportion the available money among the counties bV reducing the amount pa aV ble -- -. to each county on _an equal percentage basis. (e) If a payment on a county's _claim for reimbursement is reduced under Subsection__(d), or if a county fails to File the claim for reimbursement in a timely manner, the comptroller shall: -- -- - - - - (1)_ Pay the balance owed to_the county when sufficient money described by Subsection (c)_is available; or (2) carry Forward the balance owed to the county and pay the balance to the county when the next payment is required. SECTION 3. Section 62.0191, Government Code, is amended to read as follows: Sec. 62.0141. FAILURE TO ANSWER JURY SUMMONS. In addition to any criminal penalty prescribed by law, a person summoned for jury service who does not comply with the summons as required by law or who knowingly provides false information__in a request for an exemption or t_o be excused from jury service is subject to a contempt action punishable by a fine of not less than $100 nor more than $1,000. SECTION 4. Subchapter A, Chapter 62, Government Code, is amended by adding Section 62.0142 to read as follows: Sec. 62.0142. POSTPONEMENT OF JURY SERVICE. (a)_ A per s_on summoned for jury service may request a postponement of_the person's initial appearance fo~ur~ service. The_~rson may request the_~st~onement by contacting the clerk of the court in person, in writing,- or. b~Ltelephone before_the_date on whic_h_ the person is summoned to appear- (b) __On receipt of a_reguest under Subsection (a), the clerk __ - __ of the- cou r_t shall grant th~erson postponement if: (1) th~erson has not been ranted a~ostponement in that coun~duri ncZ the one~ea~eriod precedi_nc~the date on which the person i_s summoned to appear; and (2) _the~erson_and the clerk determine a substitute -- -- - -- - date on which their sonwill_appear for~ur~s ervice that is not later than six months after the date_o_n which the person was ori~inal~summoned to appear (c) A_person who receives a postponement under Subsection _. (b ), m~_r~uest a subsequent postponement in the manner described -- -- by Subsection (a). The clerk of the court .mom approve the subsequen t_ ost onement onebecause of an extreme emergence that could not have been anticipated, such as a death in th~erson's familysudden -serious illness suffered by. th~erson, or a natural -- disaster or national emergency in which theperson is personally involved, Before the clerk may grant the subseque n>~ostponement, the person and the clerk must determine a substitute date on which the erson, will appear for~ur~service that- is not latex than six months after the date on which their son was to appear after the ~stponement under Subsection (b), SECTION 5. Subchapter A, Chapter 102, Code of Criminal Procedure, is amended by adding Article 102.0045 to read as follows: Art. 102.0095. FEE FOR JURY REIMBURSEMENT TO COUNTIES. Sa) A person convicted of any offense, other_than_an offense relati~_to a pedestrian or the- arking of_a motor vehicle, shall may as a court cost, in addition to all other costs, a fee o_f $4 to be used to reimburse counties for the cost o~uror services as rovided_~Section 61.0015,_Government Code. (b) The clerk of the court shall remit the fees collected under this article to the, com troller in the manne_~rovided by Subchapter B chapter 133 ~c a1 Government Code. The comptroller shall deposit the fees in the fury service fund. (c) The jugservice fund is created in the state treasury. If, at any time, the .unexpended balance of the -jury service fund exceeds .$10 million, the comptroller shall transfer the amount in_ excess_of $10 million to the fair defense account. (d) Fees deposited in the fur service fund under this section are exempt. from th_e application of Secti o_n 403.09_SL Government Code. SECTION 6. Section 102.021, Government Code, is amended to read as follows: Sec. 102.021. COURT COSTS ON CONVICTION. A person convicted of an offense shall pay, in addition to all other costs: (1) court costs on conviction of a felony (Sec. 133.102, Local Government Code) $133; (2) court costs on conviction of a Class A or Class B misdemeanor (sec. 133.102, Local Government Code) $83; (3) court costs on conviction of a nonjailable misdemeanor offense, including a criminal violation of a municipal ordinance, other than a conviction of an offense relating to a pedestrian or the parking of a motor vehicle (Sec. 133.102, Local Government Code) $40; (4) court costs on certain convictions in statutory county courts (Sec. 51.702, Government Code) $15; (S) COllrt Costs on Certain COnVlCti ons in certaln county courts (sec. 51,703, Government Code) $15; (6) a time payment fee if convicted of a felony or misdemeanor for paying any part of a fine, court costs, or restitution on or after the 31st day after the date on which a judgment is entered assessing the fine, court costs, or restitution (Sec. 133.103, Local Government Code) $25; (~) a fee for services of prosecutor (Art. 102.008, Code of Criminal Procedure) $25; (8) fees for services of peace officer: (A) issuing a written notice to appear in court for certain violations (Art. 102.011, Code of Criminal Procedure) $5; (B) executing or processing an issued arrest warrant or capias (Art. 102.011, Code of Criminal Procedure) $50; (C) summoning a witness (Art. 102.011, Code of Criminal Procedure) $5; (D) serving a writ not otherwise listed (Art. 102.011, Code of Criminal Procedure) $35; (E) taking and approving a bond and, if necessary, returning the bond to courthouse (Art. 102,011, Code of Criminal Procedure) $10; (F) commitment or release (Art. 102.011, Code of Criminal Procedure) $5; (G) summoning a jury (Art. 102.011, Code of Criminal Procedure) $5; (K) attendance of a prisoner in habeas corpus case if prisoner has been remanded to custody or held to bail {Art. 102.011, code of Criminal Procedure) $8 each day; (I) mileage for certain services performed (Art. 102.011, Code of Criminal Procedure) $0.29 per mile; and (~) services of a sheriff or constable who serves process and attends examining trial in certain cases (Art. 102.011, Code of Criminal Procedure) not to exceed $5; (9) services of a peace officer in conveying a witness outside the county (Art. 102.011, Code of Criminal Procedure) $10 per day or part of a day, plus actual necessary travel expenses; (10) overtime of peace officer for time spent testifying in the trial or traveling to or from testifying in the trial (Art. 102.011, Code of Criminal Procedure) actual cost; (11) court costs on an offense relating to zules of the road, when offense occurs within a school crossing zone (Art. 102.014, Code of Criminal Procedure) $25; (12) court costs on an offense of passing a school bus (Art. 102.014, Code of Criminal Procedure) $25; (13) court costs on an offense of truancy or contributing to truancy (Art. 102.014, Code of Criminal Procedure) $20; (19) cost for visual recording of intoxication arrest before conviction (Art. 102.018, Code of Criminal Procedure) $15; (15) cost of certain evaluations (Art, 102.018, Code of Criminal Procedure) actual cost; (16) additional costs attendant to certain intoxication convictions under Chapter 49, Penal Code, for emergency medical services, trauma facilities, and trauma care systems (Art. 102.0185, Code of Criminal Procedure) $100; (17) cost for DNA testing for certain felonies (Art. 102.020, Code of Criminal Procedure) $250; (18) court cost on an offense of public lewdness or indecent exposure (Art, 102.020, Code of Criminal Procedure) $50; (19) court cost on conviction of a misdemeanor under Subtitle C, Title 7, Transportation Code (Sec. 592.403, Transportation Code) $3; (20) cost for impoundment of vehicle (Sec. 601.263, Transportation Code) $15 per day; [aad7 (21) a civil and criminal enforcement cost on conviction of an offense of, or related to, the nonpayment of a toll in certain counties (Sec. 284.2031, Transportation Code) $1; a_nd (22) court cost on conviction of any offense, other than a conviction of an offense relatin~to~edestrian or the parking of a_motor vehicle (Art. 102.00_45,_. code_ of Criminal Procedure) $4. SECTION 7. Section 133.003, Local Government Code, is amended to read as follows: Sec. 133.003. CRIMINAL FEES. This chapter applies to the following criminal fees: (1) the consolidated fee imposed under Section 133.102; (2) the time payment fee imposed under Section 133.103; (3) fees for services of peace officers employed by the state imposed under Article 102.011, Code of Criminal Procedure, and forwarded to the comptroller as provided by Section 133.104; (4) costs on conviction imposed in certain statutory county courts under Section 51.702, Government Code, and deposited in the judicial fund; (5) costs on conviction imposed in certain county courts under Section 51.703, Government Code, and deposited in the judicial fund; (6) the administrative fee for failure to appear or failure to pay or satisfy a judgment imposed under Section 706.006, Transportation Code; [~] (7) fines on conviction imposed under Section 621.506(q), Transportation Code; and {8) the fee_ imposed under Article 102.0095, Code of Criminal Procedure. SECTION 8. Section 51.607, Government Code, does not apply to court costs or fees imposed under this Act. SECTION 9. (a) The changes in law made by Sections 3 and 4 of this Act apply only to a person summoned to appear for jury service who is required to appear on or after September 1, 2005. A person summoned to appear for jury service who is required to appear before September 1, 2005, is governed by the law in effect on the date the person is required to appear, and the former law is continued in effect for that purpose. (b) Article 102.0045, Code of Criminal Procedure, as added by this Act, applies only to a defendant convicted of a criminal offense that is committed on or after September 1, 2005. A defendant convicted of a criminal offense that is committed before September 1, 2005, is governed by the law in effect at the time the offense was committed, and that law is continued in effect for that purpose. For purposes of this section, an offense is committed before September 1, 2005, if any element of the offense occurs before that date. SECTION 10. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2005. (b) Sections 1 and 2 of this Act take effect January 1, 2006.