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HomeMy WebLinkAboutPO 6036: AMEND CODE OF ORDINANCE - INCLUDE MUNICIPAL COURT BLDG SECURITY FEE/FUNDOffice of the City Secretary Memorandum DATE: September 18, 2009 T0: Mayor Deloris "Bobbie" Prince Mayor Pro Tem Elizabeth "Liz" Segler Councilmember Jack Chatman, Jr. Councilmember Moms Albright, III Councilmember Martin Flood Councilmember John Beard, Jr. Councilmember Robert E. "Bob" Williamson Councilmember Dawana K. Wise Councilmember Thomas J. Henderson FROM: City Secretary Tem Hanks ,~~( SUBJECT: City Council Agenda Item to Amend Code of Ordinances To Include a Municipal Court Building Security FeelFund COMMENT Texas Code of Criminal Procedures, Article 102.17, provides for governing bodies to create a Municipal Court Building Security Fund in the amount of $3.00 for a defendant convicted of a misdemeanor offense. This funding can be used to provide various security items such as metal detectors, surveillance equipment, security systems and security personnel. This extra court fee would enable the Municipal Court to collect funding for security equipment. As you are aware, the Police Department and the Municipal Court are in the beginning phase of architectural design for extensive renovations. The additional funding collected would assist the Municipal Court in purchasing security equipment to enhance the safety and security of our citizens and personnel. The City Secretary's Office and the Municipal Court request your consideration in creating a Municipal Court Building Security Fund. Thank you. Attachments C: Municipal Court Administrator Geralyn Mingo "f~MEMB~2 ~`//~ ARC N~R~ TO S~RV~ T~I~ CITIZENS O~ PORT ART~IUR" Page I ~'LexisNexis° 1 of 1 DOCUMENT LExisNexis (R) Texas Annotated Statutes Copyright ©2009 by Matthew Bender & Company, Inc. a member of the LexisNexis Group All rights reserved. *** This document reflects immediately effective legistation *** *** enacted through 2009 Ch. 87, May 20, 2009 *** *** Federal case annotations: May 14, 2009 postings on Lexis.com *** *** State case annotations: May l9, 2009 postings on Lexis.com *** CODE OF CRIMINAL PROCEDURE TITLE 2. GENERAL PROVISIONS CHAPTER 102. COSTS PAID BY DEFENDANTS SUBCHAPTER A. GENERAL COSTS GO TO TEXAS CODE ARCHIVE DIRECTORY Tex. Code Crim. Proc. art. 102.017 (2009) Art. 102.017. Court Costs; Courthouse Security Fund; Municipal Court Building Security Fund; Justice Court Building Security Fund (a) A defendant convicted of a felony offense in a district court shall pay a $ 5 security fee as a cost of court. (b) A defendant convicted of a misdemeanor offense in a county court, county court at law, or district court shall pay a $ 3 security fee as a cost of court. A defendant convicted of a misdemeanor offense in a justice court shall pay a $ 4 security fee as a cost of court. The governing body of a mu- nicipality by ordinance may create a municipal court building security fund and may require a de- fendant convicted of a misdemeanor offense in a municipal court to pay a $ 3 security fee as a cost of court. (c) In this article, a person is considered convicted if: (1) a sentence is imposed on the person; (2) the person receives community supervision, including deferred adjudication; or (3) the court defers final disposition of the person's case. (d) Except as provided by Subsection (d-2), the clerks of the respective courts shall collect the costs and pay them to the county or municipal treasurer, as appropriate, or to any other official who discharges the duties commonly delegated to the county or municipal treasurer, as appropriate, for deposit in a fund to be known as the courthouse security fund or a fund to be known as the munici- Page 2 Tex. Code Crim. Proc. art. 102.017 pal court building security fund, as appropriate. Money deposited in a courthouse security fund may be used only for security personnel, services, and items related to buildings that house the opera- tions of district. county, or justice courts, and money deposited in a municipal court building secu- rity fund may be used only for security personnel, services, and items related to buildings that house the operations of municipal courts. For purposes of this subsection, operations of a district, county. or justice court include the activities of associate judges, masters, magistrates, referees, heazing of- ficers, criminal law magistrate court judges, and masters in chancery appointed under: (1) Section 61.311, Alcoholic Beverage Code; (2) Section 51.04(8) or Chapter 201, Family Code; (3) Section 574.0085, Health and Safety Code; (4) Section 33.71, Tax Code; (5) Chapter 54, Government Code; or (6) Rule 171. Texas Rules of Civil Procedure. (d-1) For purposes of this article, the term "security personnel, services, and items" includes: (1) the purchase or repair of X-ray machines and conveying systems; (2) handheld metal detectors; (3) walkthrough metal detectors; (4) identification cards and systems: (5) electronic locking and surveillance equipment; (6) bailiffs, deputy sheriffs, deputy constables, or contract security personnel during times when they are providing appropriate security services; (7) signage; (8) confiscated weapon inventory and tracking systems; (9) locks, chains, alarms, or similar security devices; (] 0) the purchase or repair ofbullet-proof glass; and (11) continuing education on security issues for court personnel and security personnel. (d-2) (1) This subsection applies only to a justice court located in a county in which one or more justice courts are located in a building that is not the county courthouse. (2) The county treasurer shall deposit one-fourth of the cost of court collected under Subsec- tion (b) in a justice court described by Subdivision (1) into a fund to be known as the justice court building security fund. A fund designated by this subsection may be used only for the purpose of providing security personnel, services, and items for a justice court located in a building that is not the county courthouse. (e) The courthouse security fund and the justice court building security fund shall be adminis- tered by or under the direction of the commissioners court. The municipal court building fund shall be administered by or under the direction of the governing body of the municipality. Page 3 Tex. Code Crim. Proc. art. 102.017 (f) A local administrative judge shall provide to the Office of Court Administration of the Texas Judicial System a written report regarding any security incident involving court security that occurs in or around a building housing a court for which the judge serves as local administrative judge not later than the third business day after the date the incident occurred. HISTORY: § 1, effective September 1, 1993. Amended by Acts 1995, 74th Leg., ch. 764 § 2, ef- fective August 28, 1995; Subsecs. (a), (b), (d) amended by Acts 1997, 75th Leg., ch. 12 § 1, effec- tive September 1, 1997; Acts 1999, 76th Leg., ch. 110, effective May 17, 1999; Acts 2005, 79th Leg., ch. 83 (S.B. 550), § 2, effective September I, 2005; Acts 2005, 79th Leg., ch. 1087 (H.B. 1934), §§ 1, 2, effective September 1, 2005; Acts 2007, 80th Leg., ch. 221 (H.B. 1380), § I, effec- tive September 1, 2007. NOTES: 2007 amendment, in (d), substituted "(d-2)" for "(d-1)", deleted the second sentence of (d), which read: "A fund des- ignated by this subsection may be used only to finance security personnel for a district, county, jus- tice, or municipal court, as appropriate, or to finance items when used for the purpose of providing security services for buildings housing a district, county, justice, or municipal court, as appropriate, including," added "Money deposited chancery appointed under:" and added (d)(1) through (6); redesignated (d-1) as (d-2); added the introductory language of present (d-1); in (d-2)(2), added "se- curity personnel, services and items" and deleted "secwity services as described by Subsection (d)" after "county courthouse' ;added (f); and made related changes. Chapter 30 COURTS* Page 2 of 3 Sec. 30-2. Municipal court technology fund. (a) Creation. The municipal court technology fund is created by this section. (b) Collection of court fees for fund. The court clerk is authorized to collect $4.00 per defendant convicted of a misdemeanor for deposit into a fund. (c) Use of funds. These funds may only be used to finance the purchase of technological enhancements for the municipal court. (Ord. No. 99-42, §§ 2--4, 7-27-1999) Sec. 30-3. Collection fees. (a) A collection fee is hereby authorized and imposed, as provided by V.T.C.A., Texas Code of Criminal Procedure § 103.0031, in the amount of 30 percent of debts and accounts receivable, such as unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by a municipal court serving the city when such debt or account receivable is more than 60 days past due and has been referred to an attorney or private vendor for collection. (b) A collection fee is hereby authorized and imposed, as provided by V.T.C.A., Code of Criminal Procedure § 103.0031, in the amount of 30 percent of amounts in cases in which the accused has failed to appear: (1) As promised under Subchapter A, Chapter 543, Transportation Code, or other law; (2) In compliance with a lawful written notice to appear issued under Article 14.06(b) or other law; (3) In compliance with a lawful summons issued under V.T.C.A., Texas Code of Criminal Procedure § 15.03(b); (4) In compliance with a lawful order of a court serving the city; or (5) As specified in a citation, summons, or other notice authorized by V.T.C.A., Transportation Code § 682.002, that charges the accused with a parking or stopping offense, when such amounts are more than 60 days past due and have been referred to an attorney or private vendor for collection. (Ord. No. 03-038, § 2, 9-16-2003) Sec. 30~. Filing complaints as to Code violations in municipal court The city manager and his designees, in coordination with the city prosecutor, may file complaints in municipal court for the failure by any person to abide by the Code of Ordinances. The municipal court clerk shall thereafter docket said complaint for a hearing thereon. (Ord. No. 04-40, § 2, 7-20-2004) Sec. 30-3. Juvenile case manager feelfund. (a) There is hereby established a municipal court juvenile case manager fund, as set forth in the V.T.C.A., Texas Code of Criminal Procedure § 102.0174 ("Fee"). This fund will provide for the salary and benefits of a juvenile case manager in the municipal court. (b) A defendant convicted of a "fine-only misdemeanor offense" in municipal court shall pay a juvenile case manager fee of $5.00, as a court cost. The fee does not apply to parking citations. http://library7.municode.com/default-test/DocView/11444/1/101 9/11/2009 Chapter 30 COURTS* Page 3 of 3 This fee shall be deposited into the municipal court juvenile case manager fund. For purposes of this section, a person is considered to be convicted if: (1) A sentence is imposed on the defendant by the court; or (2) The defendant receives deferred disposition from the court, including deferred proceedings under V.T.C.A., Texas Code of Criminal Procedure §§ 45.052 or 45.053. (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 finance department to be kept in a separate fund known as the "juvenile case manager fund". (e) The fund may be used to finance the salary and benefits of a juvenile case manager that is employed by the municipal court under V.T.C.A., Texas Code of Criminal Procedure § 45.056. (f) Upon approval of the city council, the municipal court may employ a juvenile case manager to assist the court in administering the court's juvenile docket and in supervising its court orders in juvenile cases. (g) The juvenile case manager fee shall be charged to and applied only to conduct that occurred after April 1, 2008. (Ord. No. 08-25, § 2, 3-11-2008) http://library7.municode.com/default-test/DocView/11444/1/101 9/t t /7on9 P.0. No. 6036 09111/2009 TH ORDINANCE N0. AN ORDINANCE ADDING SECTION 30.6 TO THE CODE OF ORDINANCES TO ESTABLISH A MUNICIPAL COURT BUILDING SECURITY FUND; PROVIDING FOR A SEVERANCE AND SAVINGS CLAUSE, PUBLICATION, AND AN EFFECTIVE DATE WHEREAS, Article 102.17 of the Texas Code of Criminal Procedure authorizes the governing body of a municipality, by ordinance, to create a "Municipal Court Building Security Fund" and require a defendant convicted of a misdemeanor offense in a municipal court to pay a $3.00 security fee as a cost of court; and WHEREAS, the City Court has considered the implementation of such a Fund, related to the City's Municipal Court, and has determined that the Fund would benefit the security of the municipal court, as well as the health, safety and welfare of the Port Arthur community at large, by providing metal detectors, surveillance equipment, security services, alarms and bullet-proof glass; and WHEREAS, the City Council desires to establish a Municipal Court Building Security Fund. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts in the preamble are true and correct. Section 2. That Section 30-6 is hereby added to Chapter 30 of the Code of Ordinances to read as follows: Section 30.6. Municipal Court Building Security FeelFund. (1) There is hereby established a Municipal Court Building Security Fund, as set forth in the Texas Code of Criminal Procedure, Article 102.017. This fund may be used only to finance items when used for the purpose of providing security services for buildings housing a municipal court, as appropriate, including: (a) The purchase or repair of X-ray machines and conveying systems; (b) handheld metal detectors; (c) walkthrough metal detectors; (d) identification cards and systems; (e) electronic locking and surveillance equipment; (f) bailiffs, deputy sheriffs, deputy constables, or contract security personnel during times when they are providing appropriate security services; (g) signage; (h) confiscated weapon inventory and tracking systems; (i) locks, chains, alarms, or similar security devices; (j) the purchase or repair ofbullet-proof glass; and (k) continuing education on security issues for court personnel and security personnel. (2) A defendant convicted of a misdemeanor offense in a municipal court to pay a $3.00 security fee as a cost of court. In this article, a person is considered convicted if: (a) a sentence is imposed on the person; (b) the person receives community supervision, including deferred adjudication; or (c) the court defers final disposition of the person's case. (3) The clerks of the respective courts shall collect the costs and pay them to the Finance Director, for deposit in a fund to be known as the Municipal Court Building Security Fund. (4) The municipal court building security fund shall be administered by or under the direction of the governing body of the municipality. Section 3. This Ordinance or its caption and penalty shall be published at least one (1) time within ten days after final passage hereof in the official newspaper of the City of Port Arthur. This Ordinance shall take effect immediately after the date of such publication. Section 4. That this Ordinance shall take effect upon the date of final passage noted below, or when all applicable requirements, if any, are satisfed in accordance with the City's Charter, Cade of Ordinances, and the laws of the State of Texas. Section 5. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this the day of A.D., 2009, at a Regular City Council Meeting of the City Council of the City of Port Arthur, Texas by the following vote: PO 6036 Page 2 AYES: Mayor Councilmembers: NOES: Mayor Deloris "Bobbie" Prince ATTEST: City Secretary Terri Hanks APPROVED AS TO FORM: V City Atto~ e~Mark . Soko~ow~l APPROVED FOR ADMINISTRATION: City Manager Steve Fitzgibbons APPROVED FOR FINANCIAL ADMINISTRATION: Finance Director Deborah Echols