HomeMy WebLinkAboutORD 2006-147 - Municipal CourtORDINANCENO. �.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AMENDING THE CITY OF GEORGETOWN
CODE OF ORDINANCES TO ADD CHAPTER 4.45 "JUVENILE CASE
MANAGER FEE"; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION;
AND ESTABLISHING 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 offences' to pay a case manager fee not
to exceed five dollars ($5.00) into such Fund, as a cost of court, and providing the purposes for
which the Fund may be used; and
WHEREAS, the City Council has considered the implementation of such a Fund, related to the
City'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 Georgetown 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
GEORGETOWN, TEXAS:
SECTION 1: That a new Chapter 4.45 is hereby added to Chapter 4 of the Code of Ordinances
and shall read as follows:
CHAPTER 4.45 JUVENILE CASE MANAGER FEE AND FUND.
Sec. 4.45.010. Creation of Juvenile Case Manager Fee. There is hereby
created a juvenile case manager fee, as authorized by Texas Code of Criminal
Procedure Sections 102.0174 and 45.056, as amended by H.B. 1575, 79`x' Tex.
Leg. 2005. The Juvenile Case Manager Fee shall be five dollars ($5.00), unless a
greater suln is allowed by state law, in which case the amount of the Fee shall be
the maximum amount allowed by state law.
Sec. 4.42.020. Applicability.
A. Except as otherwise provided in this Chapter, a defendant who is
convicted of a "fine only misdemeanor offense" in Municipal Court shall pay the
Juvenile Case Manager Fee established in Section 2.45.010 as a cost of court.
For purposes of this section, a person is considered "convicted" of an offense if:
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(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 Article 45.052 or 45.053 of the Texas
Code of Criminal Procedure,
B. The Municipal Court Judge may waive the 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. 4.45.040. Juvenile Case Manager Fund.
A. There is hereby created the "Juvenile Case Manager Fund." The Fund
shall be administered by or under the direction of the City Council.
B. All Juvenile Case Manager Fees collected by the Municipal Court shall be
deposited into the Juvenile Case Manager Fund established under subsection A of
this section.
C. The Juvenile Case Management Fund may be used only to finance the
salary and benefits of a juvenile case manager that is employed by the Municipal
Court under Section 4.45.050 of this Code and Texas Code of Criminal
Procedure, Article 45.056(a).
Sec. 4.45.050 Juvenile Case Manager
The City Council hereby authorizes the Municipal Court to employ one or more
full -time or part -time juvenile case managers to provide services in cases
involving juvenile offenders before the Court consistent with the Court's statutory
powers.
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 4: The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This ordinance shall become effective and be in full force and effect in (10) ten days on
and after publication in accordance with the provisions of the Charter of the City of Georgetown.
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PASSED AND APPROVED on First Reading on the 28 °i day of November, 2006,
PASSED AND APPROVED on Second Reading on the 12`x' day of December, 2006,
ATTEST:
City Secretary
APPROVED AS TO FORM:
Patricia E. Carls, Brown and Carls, L.L.P.
City Attorney
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THE CITY OF GEORGETOWN: