HomeMy WebLinkAbout2019-O-19 - Municipal Court Fees -- ORDINANCE NO. 2019-0-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,TEXAS, CREATING CHAPTER 37
MUNICIPAL COURT IN THE CITY OF STEPHENVILLE CODE OF ORDINANCES
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,TEXAS:
The following is hereby added to Article III of the City of Stephenville Code of Ordinances:
CHAPTER 37—MUNICIPAL COURT
Sec. 37.01. -Municipal court created and designated;jurisdiction.
A. In accordance with the provisions of the City Charter and the applicable state law,there is hereby
created a municipal court for the city.
B. The municipal court shall have and exercise the jurisdiction which is conferred upon all municipal
courts by state law.
Sec. 37.02-37.10 Reserved
Sec 37.11-Municipal court technology fund.
A. Pursuant to the authority of Vernon's Ann. C.C.P. Art. 102.0172, there is hereby created and
established the Stephenville Municipal Court Technology Fund (hereafter referred to as "court
technology fund").
B. All defendants convicted of a misdemeanor offense in the municipal court for the city shall be
required to pay a technology fee not to exceed $4.00 as a cost of said court.
C. For purposes of subsection (B) of this section, a person is considered convicted if:
a. A sentence is imposed on the person;
b. The person is placed on community supervision, including deferred adjudication
community supervision; or
c. The court defers final disposition of the person's case.
d. The clerk of the municipal court shall collect the technology fee as a cost of court and shall
remit those funds to the for deposit in a fund to be designated as the municipal court
technology fund.
e. The municipal court technology fund shall be administered by and under the direction of
the city council. The fund established by this section may be used only to finance the
purchase of technological enhancements for the municipal court including:
i. Computer systems;
ii. Computer networks;
iii. Computer hardware;
iv. Computer software;
v. Imaging systems;
vi. Electronic kiosks;
vii. Electronic ticket writers; and
viii. Docket management systems.
Sec. 37.12. -Municipal court building security fund.
A. There is hereby created and established a municipal court building security fund (the "fund")
pursuant to V.T.C.A., Code of Criminal Procedure Art. 102.017.
B. The city municipal court (the "municipal court") is hereby authorized and required to assess a
municipal court building security fee (the "fee") in the amount of $3.00 against all defendants
convicted of a misdemeanor offense by the municipal court. Each misdemeanor conviction shall
be subject to a separate assessment of the fee.
C. A person is considered to have been convicted in a case if:
a. Judgment, sentence, or both are imposed on the person;
b. The person receives deferred disposition; or
c. The court defers final disposition or imposition of the judgment and sentence.
D. The municipal court clerk is hereby authorized and required to collect the fee and to pay same to
the city treasury.All fees so collected and paid over to the city treasury shall be segregated in the
fund.
E. The fund shall be used only for the purpose of financing the purchase of security devices and/or
services for the building or buildings housing the city municipal court. "Security devices and/or
services" shall include any and all items described in V.T.C.A., Code of Criminal Procedure Art.
102.017(d).
F. The fund shall be administered by or under the direction of the city council.
This ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED ON this 4th day of June, 2019.
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ATTEST: f•
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Staci L. Kin , City Secreta ►, ,
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Reviewed by A n L. Barnes,
City Manager
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Approved as to form and legality by
Randy Thomas, City Attorney