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HomeMy WebLinkAboutOrdinances (O-12-1837)-07/03/2012ORDINANCE 0-12-1837 AN ORDINANCE ESTABLISHING THE 7UVENILE CASE MANAGER FEE , AS AUTHORIZED BY THE TEXAS CODE OF CRIMINAL PROCEDURE ~' ARTICLE 102.0174; PROVIDING FOR A SEVERABILITY CLAUSE; ' PROVIDING FOR 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 offenses 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 of Colleyville'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 Colleyville 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 COLLEYVILLE, TEXAS: Sec. 1. THAT there is created a Juvenile Case Manager fee, as set forth in Texas Code of Criminal Procedure, Article 102.0174 ("Fee") and all of the above premises are found to be true and correct and are hereby incorporated into the body of this ordinance as , if copied in their entirety herein. ~ Sec.2. THAT a defendant convicted of a fine-only misdemeanor offense in Municipal Court shall pay a Fee, not to exceed five ~ dollars ($5.00), as a court cost. For purposes of this section, a person is considered to be convicted if: ' (1) A sentence or judgment or both are imposed on the ~ i defendant by the Court: or I i (2) The defendant receives deferred disposition from the ~, Court, including deferred proceedings under Article 45.051 or 45.052 of the Texas Code of Criminal '~~ ~, Procedure. Sec. 3. THAT The Municipal Court ]udge is authorized to waive the Ordinance 0-12-1837 Page2of3 Juvenile Case Manager Fee in cases of demonstrated financial hardship on the part of a convicted defendant, if 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. ' Sec. 4. THAT the Municipal Court Clerks shall collect the Fee and it shall be deposited in a separate fund known as the "Juvenile Case Manager Fund" as established under this ordinance. Sec. 5. THAT the Fund may be used only to finance the salary, benefits, training, travel expenses, office supply expenses and other related expenses of a Juvenile Case Manager that is employed by the Municipal Court under Texas Code of Criminal Procedure, Article 45.056, and may not be used to supplement the income of an employee whose primary role is not that of a Juvenile Case Manager. Sec. 6. THAT upon approval of the City Council, the Municipal Court is authorized to employ one or more full-time or part-time juvenile case managers, to provide services in cases involving juvenile offenders before the Court, and in supervising court orders in juvenile cases. Sec. 7. THAT the Juvenile Case Manager Fee shall be charged to and applied only to conduct which occurs on or after October 1, 2012. ' I Sec. 8. THAT this ordinance shall be published and become effective in ~ accordance with state law. Sec. 9. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 10. THAT the effective date of this Ordinance shall be upon passage. AND IT IS SO ORDERED. Ordinance 0-12-1837 Page3of3 ~ The first reading and public hearing being conducted on the 5th day of June 2012. The second reading and public hearing being conducted on the 19th day of June 2012. PASSED AND APP~tOVED by the City C uncil of the City of Colleyville, Texas, on this the ~,~~ day of _ 2012. ATTE . ' \ e (/ ' v ~ ynthi ingleton, TRM , CMC City Secretary APPROVED AS TO FORM AND LEGALITY: r ~~ tJ J • ~ ~ `\~~ W \ CITY OF COLLEYVILLE ~t~ii~~... ~ _ David Kelly Mayor Matthew C. G. Boyle City Attorney