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HomeMy WebLinkAboutORD 2009-38 - Failure to Appear FeeORDINANCE i19009W 39 1•Mwe I lik NEI1 ! WHEREAS, Article 45.203(c) of the Texas Code of Criminal Procedure provides that: "The governing body of each municipality may prescribe by ordinance the collection, after due notice, of a special expense, not to exceed $25 for the issuance and service of a warrant of arrest for an offense under Section 38.10, Penal Code, or Section 543.009, Transportation Code. Money collected from the special expense shall be paid into the municipal treasury for the use and benefit of the municipality;" and WHEREAS, Section 38.10 of the Penal Code makes it a crime to fail to appear for court; and WHEREAS, Section 543.009 of the Transportation Code makes it a crime to violate a written promise to appear in court; and WHEREAS, the Municipal Court Judge and Prosecutor recommend to the City Council that it would be appropriate for the City to specifically authorize the Judge of the Municipal Court to assess a special expense in cases where a person fails to appear for Court in the Municipal Court of the City of Georgetown, Texas, in violation of Section 38.10 of the Penal Code or Section 543.009 of the Transportation Code; and WHEREAS, the City Council has also determined that the Judge of the Municipal Court of the City of Georgetown should have the authority to assess a special expense fee in an amount not to exceed $25.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXASs SECTION 1. There is hereby adopted a new Chapter 4.47 "Municipal Court — Special Expense Fee for Failure to Appear or Violate Promise to Appear," which shall provide as follows: Section 4.470010 Special Expense Fee. The Judge of the Municipal Court of the City of Georgetown may assess a special expense fee in an amount not to exceed $25.00 in cases where there is the issuance and service of a warrant of arrest for a person who fails to appear for Court in the Municipal Court of the City of Georgetown, Texas, in violation of Section 3 8. 10 of the Penal Code or Section 543.009 of the Transportation Code, in addition to any Fine and Court Costs authorized by the State of Texas. SECTION 2: If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Council of the City of Georgetown, Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reason of unconstitutionality or invalidity of any portion or provision. SECTION 3: The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. The caption of this ordinance shall be published in accordance with the provisions of the City Charter. This ordinance shall become effective and be in full force and effect in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the ' day of C,_ , 2009. PASSED AND APPROVED on Second Reading on the 2 eday of, 2009. ATTEST: Cllt/�17;T.�CII�lll7 f' r' p "rLA ity Attorney Ordinance No. Municipal Court — Failure to Page 2 of 3 THE CITY OF GEORGETOWN. Mayor Ordinance No. Municipal Court — Failure to Appear Page 3 of 3