Are You Smarter Than Your Court Software? Court … by: Jaime Brew Sugar Land Municipal Court Are...
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Transcript of Are You Smarter Than Your Court Software? Court … by: Jaime Brew Sugar Land Municipal Court Are...
Presented by:Jaime Brew
Su g a r La n d M u n i c i p a l Co u r t
Are You Smarter Than Your Court Software?
Court Costs Workshop
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
OBJECTIVES
http://www.youtube.com/watch?v=xHgkbdXnMiY
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DOES THE WORD “CONFUSED” COME TO MIND WHEN YOU HEAR THE WORDS “COURT COSTS”?
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PART ONE
The final judgment on a verdict or plea of guilty, or a plea of nolo contendere. The result of a criminal trial that ends in a finding that the accused is guilty as charged.
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WHAT IS A CONVICTION?
For the purpose of assessing, imposing, and collecting most court costs and fees, a person is considered to have been convicted if: a judgment, sentence or both are imposed on the person;
or the person receives a driver safety course, or deferred disposition.
(This does not include Special Expense Fees or Administrative Compliance Dismissal Fees.)
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CONVICTION
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“Let’s Bundle”:Identify Each Court Costs
&Identify the Purposes in Which the Funds Must be Used
Bundle 1 – Court Costs Assessed on Conviction Date
Bundle 2 – Court Costs Assessed for Services Performed by a Peace Officer
Bundle 3 – Fees Created by City Ordinance
Bundle 4 – Jury, Time Payment and Restitution Fees
Bundle 5 – Fees Associated with Contractual Enforcement Options
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BUNDLES
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BUNDLE #1: COURT COSTS APPLIED ON CONVICTION DATE
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STATE COURT COSTS APPLIED UPON CONVICTION
Cost/Fee Name Abbrev. Legal Reference Amount Applies To
Consolidated Fee CF Section 133.102, L. G. C. $40 Conviction of any offense, except an offense relating to a pedestrian or parking.
Judicial Support Fee JSF Section 133.105, L. G. C. $6 Conviction of any offense, except an offense relating to a pedestrian or parking.
Indigent Defense Fund IDF Section 133.107, L. G. C. $2 Conviction of any offense, except an offense relating to a pedestrian or parking.
Juror Reimbursement Fee JRF Section 102.0045, C. C. P. $4 Conviction of any offense, except an offense relating to a pedestrian or parking.
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STATE COURT COSTS APPLIED UPON CONVICTION
Cost/Fee Name Abbrev. Legal Reference Amount Applies To
State Traffic Fee STF Section 542.4031, T. C. $30
Rules of the Road Offenses (Ch. 541‐ 600, T. C.) A person shall pay this cost when he/she enters a plea of guilty or nolo contendere, or on the date of conviction.
Local Traffic Fee TFC Section 542.403, T. C. $3
Rules of the Road Offenses(Ch. 541‐600, T. C.) A person shall pay this cost when he/she is convicted of a misdemeanor under this section.
Child Safety Fund CS Section 102.014, C. C. P. $25
Rules of the Road offenses that occur in a school crossing zone; passing a school bus; failure to attend school; parent contributing to non‐attendance; and some city ordinance parking violations.
Moving Violation Fee MVF Section 102.022, C. C. P. $0.10 Conviction of a moving violation.
New Court Costs – Effective January 1, 2014
Code of Criminal Procedure Article 102.015
Fee Amount - $2Applies to a person convicted
of any offense, except an offense relating to a pedestrian or the parking of a motor vehicle.
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TRUANCY PREVENTION AND DIVERSION FUND (TPDF)
Key thing to remember… If the City is operating,
establishing, or attempting to establish a Juvenile Case Manager (JCM) Program; then it can retain $1 of the court costs.
If the City does NOT have a JCM program and is not attempting to establish one then the entire $2 must be remitted to the State.
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TRUANCY PREVENTION ANDDIVERSION FUND (TPDF)
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BUNDLE #2: COURT COSTS ASSESSED FOR SERVICES PERFORMED BY A PEACE
OFFICER
The following fees are collected upon conviction for services performed by a peace officer (C.C.P. 102.011 and L.G.C. 133.104): Arrest Fee
Warrant Fee
Serving a Subpoena
Jury Summons Fee
Serving any other writ (i.e. Summons for a defendant or child’s parent)
Other costs: Peace Officer’s time testifying off duty or mileage for certain transports.
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COURT COSTS - SERVICES PROVIDED BY A PEACE OFFICER
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FEES FOR SERVICES OF A PEACE OFFICER
Cost/Fee Name Amount When is Fee Assessed?
Arrest Fee $5
Cost incurred 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.
Warrant Fee $50 Cost incurred for executing or processing an issued arrest warrant, capias, or capias pro fine.
Serving a Subpoena $5 Subpoena served by a peace officer.
Jury Summons Fee $5 When a peace officer summons a jury.
Serving any other Writ $35 Includes a peace officer serving a summons for a defendant or a child's parent.
Other Costs Actual Overtime for testifying or mileage for certain transports.
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BUNDLE #3: FEES AUTHORIZED BY CITY ORDINANCE
Juvenile Case Manager Fund
Municipal Court Building Security Fund
Municipal Court Technology Fund
Special Expense Fee
Additional Child Safety Fund
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FEES CREATED BY CITY ORDINANCE
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FEES AUTHORIZED BY CITY ORDINANCE
Cost/Fee Name Legal Reference Amount Applies To
Juvenile Case Manager Fund Section 102.0174, C. C. P. Up to $5 Fee is assessed on every conviction.
Building Security Fund Section 102.017, C. C. P. $3 Fee is assessed on every conviction.
Court Technology Fund Section 102.0172, C. C. P. Up to $4 Fee is assessed on every conviction.
Special Expense Fee Section 45.203, C. C. P. Up to $25 Service of Warrant for FTA/VPTA
Additional Child Safety Fund Section 102.014, C. C. P.
$2 ‐ $5(pop. > 850,000
up to $5 (pop. < 850,000
Parking ordinances and based on population.
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BUNDLE #4: JURY, TIME PAYMENT AND RESTITUTION FEES
Code of Criminal Procedures, Article 102.004
Fee Amount - $3
A defendant convicted by a jury in a trial before a justice or municipal court shall pay a jury fee of $3.
A defendant in a justice or municipal court who requests a trial by jury and who withdraws the request not earlier than 24 hours before the time of trial shall pay a jury fee of $3.
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JURY FEE
Local Government Code, Section 133.103
Fee Amount - $25
Fee is collected upon conviction if defendant pays any part of the fine, court costs, fees, or restitution on or after the 31st day after the date judgment is entered.
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TIME PAYMENT FEE
Code of Criminal Procedure, Article 42.037
Fee Amount - $12
This is an optional fee if defendant pays restitution in installments.
In addition to any fine authorized by law, the court that sentences a defendant convicted of an offense may order the defendant to make restitution to any victim of the offense or to the compensation to victims of crime fund.
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RESTITUTION FEE
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BUNDLE # 5: FEES ASSOCIATED WITH CONTRACTUAL ENFORCEMENT OPTIONS
OmniBase Fee
Scofflaw Fee
Third Party Collections Fee
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CONTRACTUAL ENFORCEMENT OPTIONS
Transportation Code Sections 706.006 and 706.007
Fee Amount - $30
Fee 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
Paid to OmniBase - $6
Retained by the City - $4
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OMNIBASE FEE
Transportation Code, Section 702.003
Fee Amount - $20
This is an 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.
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SCOFFLAW FEE
Code of Criminal Procedure, Article 103.0031
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.
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THIRD PARTY COLLECTIONS FEE
http://m.youtube.com/watch?v=bsp3yxFxCr0&desktop_uri=%252Fwatch%253Fv%253Dbsp3yxFxCr0&autoplay=1
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THE PARTRIDGE FAMILY
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PART TWO
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Breakdown of Court Costs: Percentage Remitted to the State
&Percentage Retained by the City
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Cost/Fee Name Abbrev. Amount Portion Remitted, Retained
Consolidated Fee CF $40 90% to the State / 10% to the City (Report Quarterly)
Judicial Support Fee JSF $6
90% to the State / 10% to the City (Report Quarterly) City's portion must be used to promote the efficient operation of the court and the investigation, prosecution, and enforcement of offenses within the court's jurisdiction.
Indigent Defense Fund IDF $2 90% to the State / 10% to the City (Report Quarterly)
Juror Reimbursement Fee JRF $4 90% to the State / 10% to the City (Report Quarterly)
State Traffic Fee STF $30 95% to the State / 5% to the City (Report Quarterly)
Local Traffic Fee TFC $3 100% Retained by the City
Child Safety Fund CS $25
100% Retained by the 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.
Moving Violation Fee MVF $0.10 90% to the State / 10% to the City (Report Quarterly)
Truancy Prevention and Diversion Fund TPDF $2
50% to the State / 50% to the City, if the City is operating, establishing, or attempting to establish a JCM Program; otherwise 100% of the funds are to beremitted to the State quarterly.
BREAKDOWN FOR COURT COSTS APPLIED AT CONVICTION
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Cost/Fee Name Amount Portion Remitted, Retained
Arrest Fee $5 When service is performed by a peace officer employed by the State, 20% is remitted to the State. (Quarterly)
Warrant Fee $50 When service is performed by a peace officer employed by the State, 20% is remitted to the State. (Quarterly)
Serving a Subpoena $5 100% retained by the City.
Jury Summons Fee $5 100% retained by the City.
Serving any other Writ $35 100% retained by the City.
Other Costs Actual 100% retained by the City.
BREAKDOWN FOR COURT COSTS APPLIED FOR SERVICES PERFORMED BY A PEACE OFFICER
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Cost/Fee Name Amount Portion Remitted, Retained
Juvenile Case Manager Fund Up to $5100% of the funds to be used only to finance the salary, benefits, training, travel expenses, office supplies, and other necessary expenses of the juvenile case manager.
Building Security Fund $3 100% of the funds to be used only for security personnel, services, and items related to buildings that house the operation of the municipal court.
Court Technology Fund Up to $4100% of the funds to be used only to finance the purchase of or to maintain technological enhancements for the municipal court.
Special Expense Fee Up to $25Money collected from the special expense shall be paid into the municipal treasury for the use and benefit of the municipality.
Additional Child Safety Fund
$2 ‐ $5(pop. > 850,000
up to $5(pop. < 850,000
Pop. > 850,000 ‐municipal court case shall deposit money collected in the municipal child safety trust fund established as required by Chapter 106, L. G. C. Pop. < 850,000 ‐ the money collected must be used for a school crossing guard program. If the city does not operate a crossing guard program then the funds can be used to enhance child safety, health, nutrition, public safety and/or security.
BREAKDOWN OF FEES AUTHORIZED BY CITY ORDINANCE
The treasurer shall remit 50% ($12.50) of the fees collected to the comptroller. The comptroller shall deposit the fees received to the credit of the
general revenue fund.
50% stays with the city, of which $2.50 (10%) shall be used for the purpose of improving the efficiency of the administration of justice. The city shall prioritize the needs of the judicial officer who
collected the fee.
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BREAKDOWN OF TIME PAYMENT FEE
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REPORTING AND REMITTING TO THE
STATE COMPTROLLER
Code of Local Government Code, Article 133.051
A municipality or county shall collect, record, account for, and remit to the comptroller all fees in the manner provided by this subchapter.
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COLLECTION & REMITTANCE OF FEES
Local Government Code, Article 133.052
An officer collecting a fee in a case in municipal court shall deposit the money in the municipal treasury.
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DEPOSIT OF FEES
Local Government Code, Article 133.053
The treasurer may deposit fees in an interest-bearing account. The municipality or county may retain any interest accrued on the
money the treasurer deposited in the treasury if the treasurer remits the funds to the comptroller timely.
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INTEREST-BEARING ACCOUNT
An officer or clerk collecting a fee shall keep a record of the money collected.
The treasurer shall keep a record of the money collected and on deposit in the treasury.
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RECORDS
On or before the last day of the month following each calendar quarter, the treasurer shall:Remit to the comptroller the money from all fees collected
during the preceding quarter; and
Submit to the comptroller the report required under Section 133.056 of the L.G.C. for criminal fees.
41
QUARTERLY REMITTANCE OF FEES TO THE COMPTROLLER
If the treasurer does not collect any fees during a calendar quarter, the treasurer shall file the report required for the quarter in the regular manner. The report must state that no fees were collected.
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QUARTERLY REMITTANCE OF FEES TO THE COMPTROLLER
Per Section 133.058 (a):Unless otherwise stated, a municipality or county may retain
10% of the money collected from fees as a service fee for the collection if the municipality or county remits the remainder of the fees to the comptroller within the period prescribed by Section 133.055(a) of C.C.P.
A municipality or county may retain an amount greater than 10% of the money collected from fees if retention of the greater amount is authorized by law.
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PORTION OF FEES RETAINED
Non-Compliance of the Office of Court Administration’s Collection Improvement Program: A municipality or county may not retain a service fee if, during an
audit the OCA of the Texas Judicial System determines that the municipality or county is not in compliance with Article 103.0033, C.C.P. and is unable to reestablish compliance on or before the 180th day after the date the municipality receives written notice of noncompliance from the office.
44
PENALTY FOR NON-COMPLIANCE
Non-Compliance of the Office of Court Administration’s Collection Improvement Program (Cont.): After any period in which the municipality or county becomes
unable to retain a service fee, the municipality or county may begin once more to retain the fee only if the entity receives written confirmation from the OCA that the municipality or county is in compliance.
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PENALTY FOR NON-COMPLIANCE
City must remit to the State 50% of the fines collected for failing to secure a child in a child passenger safety system or to secure a child in a safety belt per Sections 545.412 & 545.413(b), of the T.C.
Funds must be remitted to the State by end of the city’s fiscal year.
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SAFETY BELTS &CHILD SAFETY SEAT SYSTEMS
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PART THREE
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GROUP ACTIVITY:DISSECTING COURT COSTS
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QUICK REFERENCE:TMCEC COURT COSTS CHART
You are the Court Administrator for “My LifeIs Fabulous Municipal Court”. Your city hasa population of 200,000 people. The “City ofMy Life is Fabulous” has an ordinance thatallows you to charge a building security fee,a court technology fee, and a special expensefee.
Your court does not have a Juvenile CaseManager program, but you are “attempting”to establish one within the year.
Also, your City has Code Enforcement onstaff, however they are not certified peaceofficers.
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SCENARIO
A defendant in your court was issued a cited forspeeding in a school zone (10 mph over) by one ofyour city’s peace officers. The fine amount is$73.90. What is the amount of the court costs forthis violation?
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QUESTION #1
A defendant in your court was issued a citation by one ofyour city’s peace officers for disorderly conduct. What isthe court costs on this violation?
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QUESTION #2
A defendant in your court was issued a citationfor high weeds and grass by one of the city’scode enforcement officers. What is the courtcost for this violation?
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QUESTION #3
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.
54
NOW YOU CAN