HomeMy WebLinkAboutORD 2009-38 - Failure to Appear FeeORDINANCE i19009W 39
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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:
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ity Attorney
Ordinance No.
Municipal Court — Failure to
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THE CITY OF GEORGETOWN.
Mayor
Ordinance No.
Municipal Court — Failure to Appear
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