HomeMy WebLinkAboutOrdinance 19274-08-2010ORDINANCE NO 19274-08-2010
AN ORDINANCE AMENDING CHAPTER TEN OF THE CODE OF THE
CITY OF FORT WORTH BY ADDING A NEW SECTION 10-11,
"JUVENILE CASE MANAGER FUND AND FEE" TO ESTABLISH A
FUND AND REQUIRE DEFENDANTS CONVICTED OF FINE-ONLY
MISDEMEANOR OFFENSE IN MUNICIPAL COURT TO PAY A $3.00
JUVENILE CASE MANAGER FEE PER CONVICTED OFFENSE AS A
COST OF COURT, PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE, PROVIDING A;SEVERABILITY CLAUSE, PROVIDING
A SAVINGS CLAUSE, PROVIDING FOR APPLICABILITY TO
CERTAIN OFFENSES, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article 102.0174 of the Texas Code of Criminal Procedure authorizes
municipalities, by ordinance, to create a `juvenile case manager fund (the `Fund ') and to
require a defendant convicted of a fine-only misdemeanor offense to pay a juvenile case manager
fee as a cost of court; and
WHEREAS state law provides that a Fund may be used only to finance the salary and
benefits of a juvenile case manager and
WHEREAS, the Fort Worth City Council believes that use of a ~uvemle case manager
and implementation of a juvenile case manager fund and fee will aid the City m its efforts to
deter juvenile crime and to process juvenile defendants effectively and efficiently
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS
SECTION 1
That Chapter 10 `Courts, of the Code of the City of Fort Worth is hereby amended to
add a new Section 10-11 to be titled `Juvenile Case Manager Fund and Fee, to read as follows.
Sec. 10-11 Juvenile Case Manager Fund and Fee.
(a) In accordance with Article 102 0174 of the Texas Code of Cnmmal Procedure, there
is hereby created a Juvenile Case Manager Fund ("Fund") to be a separate fund m the city
treasury administered under the direction of the Fort Worth City Council and to be used
only to finance the salary and benefits of a juvenile case manager employed in
accordance with Article 45 056 of the Texas Code of Cnmmal Procedure.
(b) A defendant who is convicted of a fine-only misdemeanor offense m Municipal
Court shall pay a Juvenile Case Manager Fee ("Fee") of $3 00 as a cost of court for each
convicted offense. For purposes of this provision, a person is considered convicted if: (i)
a sentence is imposed on the person, or (ii) the person receives deferred disposition,
including deferred proceedings under Article 45 052 or 45 053 of the Texas Code of
Cnmmal Procedure.
(c) A fudge m the Municipal Court may waive the Fee in cases of demonstrated financial
hardship
(d) The clerk of the court shall collect the Fee and pay it to the official who discharges
the duties commonly delegated to the municipal treasurer for deposit in the Fund.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are
in direct conflict with the provisions of such ordinances and such Code, m which event
conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses, and phrases of this ordinance are severable, and, if any phrase, clause,
sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent ~unsdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this
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ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph,
or section.
SECTION 4.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the provisions of the ordinances amended herein, which have accrued at the
time of the effective date of this ordinance and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending m court or not, under such ordinances, same
shall not be affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 5.
This ordinance applies only to a cost on conviction for an offense committed on or after the
effective date of this ordinance. A cost on conviction for an offense committed before the effective
date of this ordinance is covered by the law m effect when the offense was committed, and the
former law is continued m effect for that purpose. For purposes of this section, an offense occurs
after the effective date of this ordinance cif any element of the offense occurs after that date.
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SECTION 6.
This ordinance shall be effective October 1 2010
ED T FORM AND LEGALITY
JV
City Atto
ADOPTED• August 17, 2010
EFFECTIVE. October 1, 201
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City of Fort Worth, Texas
Mayor and Cauncil Communication
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COUNCIL ACTION: Apprcwed on 8/17/2010 -Ord. No. 19274-08-2010.
DATE Tuesday August 17 2010 REFERENCE NO **G-17018
LOG NAME 38JCMFEE
SUBJECT
Adopt Ordinance Amending Chapter 10 'Courts of the City Code to Add Section 10-11 Creating a Juvenile
Case Manager Fund and Requiring a Defendant Convicted of a Fine-Only Misdemeanor Offense in
Municipal Court to Pay $3 00 Per Convicted-Offense Juvenile Case Manager Fee as a Cost of Court
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending Chapter 10 'Courts" of
the City Code to add Section 10-11 creatincl a Juvenile Case Manager Fund and requiring a defendant
convicted of a fine-only misdemeanor offense in Municipal Court to pay a $3 00 per-convicted-offense
juvenile case manager fee as a cost of couirt.
DISCUSSION
During the 2005 regular session the 79th l-exas Legislature adopted an amendment to Chapter 102 of the
Code of Criminal Procedure that allows the governing body of a municipality to create a juvenile case
manager fund and to require a defendant convicted of a fine-only misdemeanor offense in municipal court
to pay a juvenile case manager fee not to c;xceed $5 00 as a cost of court. State law requires that the
juvenile case manager fund be administerE;d by or under the direction of the governing body of the
municipality and limits use of the fund to financing the salary and benefits of a juvenile case manager
employed under Article 45 056 of the Code of Criminal Procedure Article 45 056 mandates that juvenile
case managers work primarily on cases brought under Sections 25 093 and 25 094 of the Texas
Education Code which address the offenses of 'Failure to attend school" and 'Parent contributing to
nonattendance
Although the statute authorizes charging a fee of up to $5 00 staff is recommending a fee of $3 00 per
convicted offense based on the following considerations
1 Determination of estimated revenue needed to offset eligible staffing expenditures.
2. Review of revenue generated by sirriilar fees that are already in existence such as the court
security fee
3 Minimizing the increase of court costs which often already exceed fine amounts
4 Comparison with other cities that have already adopted the juvenile case manager fee
The adoption of the attached ordinance would implement the state law and impose a $3 00 per-convicted-
offense fee for offenses committed on or after October 1 2010 Funds generated by the fee will be used
to pay for juvenile case managers at the school attendance court who work primarily with truancy-related
cases as required by Article 45 0456 Currently the Fort Worth Independent School District reimburses
the City for these staff costs, implementation of this fee will allow the City of Fort Worth to reduce the
amount of reimbursement it requests from the school district.
Logname 38JCMFEE Page 1 of 2
FISCAL INFORMATION / CERTIFICATIOIV
The Financial Management Services Direcl:or certifies that the Municipal Court Services Department is
responsible for collection and deposit of funds due to the City
FUND CENTERS
TO Fund/Account/Centers
CERTIFICATIONS
Submitted for City Manager's Office by;
Originating Department Head.
Additional Information Contact:
FROM Fund/Account/Centers
Charles Daniels (6183)
Deidra Emerson (6711)
Deidra Emerson (6711)
Logname• 38JCMFEE Page 2 of 2