Texas County AuditorsArea Training – Dimmit County

What to Look for in JP Court Costs & FinesJanuary 26, 2017

Copyright 1999-2017 by Intech Technologies Solutions LLC

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think globally, build locally, connect regionally

Heidi J. ZikorusCEO

Intech Worldwide, LP

think globally, build locally, connect regionally

Heidi J. Zikorus, CEO

• BA Economics Dickinson College

• Masters Accountancy Univ. of Houston

• Certified Public Accountant

• Forensic Accountant Litigation support and hidden asset tracking

• Tax Manager Big 8 Accounting Firm

• Consultant for major Corporations and Public Safety Agencies to implement various system conversions

• Dismissal of Case - No Further Action

• Dismissal of Case – Compliance with Admin Fee

• Dismissal of Case – Compliance Deferral

• Motor Carrier Weight Violations – Share the Fine

• Parks & Wildlife Violations – Share the Fine

• Payment of Fines & Court Costs – Monies vs. Time

• Payment of Fines & Court Costs – Allocation

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Dismissal of Case - No Further Action

By Complainant before arrest

By Complaining Officer before arrest

By County Attorney or District Attorney

o At Court

o Best Interest of Justice

o Case declined

o Invalid DL or ID and case is older than 1 year, cannot be

entered in FTA system

o No DL and case is older than 6 months and not collectible

o Case improperly filed

o Complaining Officer no longer available for trial

o Out of state DL not governed by non-resident violator

compact

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Dismissal of Case – Compliance with Admin Fee

TRC 502.473 – operate vehicle without registration insignia

TRC 502.475 – wrong, fictitious, altered or obscured insignia

TRC 504.943 – operate vehicle without license plate

TRC 504.945 – wrong, fictitious, altered or obscured plate

TRC 547.004 – unsafe vehicle or prohibited equipment

Remedy defect before appearance date

Admin fee of $10

TRC 521.025 – license to be carried and exhibited on demand

TRC 522.011 – commercial license or permit required

Produce DL appropriate for the type of vehicle operated and

valid at the time offense was committed

Produce a commercial learner’s permit or DL valid at the time

offense was committed

Admin fee of $10

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Dismissal of Case – Compliance with Admin Fee

TRC 502.047 – operation of vehicle with expired plateTRC 521.026 – driving with expired licenseTRC 521.054 – change of address or nameTRC 548.605 – vehicle inspectionTRC 681.013 – disabled parking placard

Remedy defect no later than the 20th working day after thecitation date or before appearance date, whichever is later

Admin fee of $20

TRC 521.221 – special restrictions and endorsements Restriction or endorsement imposed because of a physical

condition surgically or otherwise medically corrected before dateof offense or if Imposed in error

Admin fee of $10

PWC 31.021 – required numbering water vessel Remedy defect no later than the 10th working day after date of

offense Admin fee of $10

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Dismissal of Case – Compliance Deferral

Deferred Disposition o Submit request to courto Pay court costs which may include special

expense feeo Defendant may have to pay cost of driving

record

After driver safety course o Submit request to court with admin fee $10o Pay court costs which may include special

expense feeo Defendant pays cost of driving record

After boater safety courseo Submit request to court with no feeo If comply, case dismissed

After hunter safety course o Submit request to court with no feeo If comply, case dismissed

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Dismissal of Case – Compliance Deferral

After chemical dependency treatment o Application for court ordered treatmento If comply, case dismissed

After E-cig and tobacco awareness course o Court requires o If access not available locally perform tobacco

related community serviceo If comply, case dismissed (if no previous

conviction)

After teen court o Submit request or recommendation by school

with admin fee of $10o Admin fee of $10 paid to Teen Court programo Admin fee of $20 if court located on the TX-LA

bordero Court costs may be waived

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Motor Carrier Weight Violations – Share the Fine

TRC Sec. 621.506. OFFENSE OF OPERATING OR LOADING OVERWEIGHT VEHICLE;PENALTY; DEFENSE. (a) A person commits an offense if the person:

(1) Operates a vehicle or combination of vehicles in violation of Section 621.101,622.012, 622.031, 622.041, 622.0435, 622.051, 622.061, 622.133, 622.953, or623.162;

or(2) Loads a vehicle or causes a vehicle to be loaded in violation of Section

621.503.

How is the Calculation made?

(g) Except as provided by Subsection (h), a governmental entity that collects a fine underthis section for an offense involving a vehicle having a single axle weight, tandemaxle weight, or gross weight that is

shall send an amount equal to 50 percent of the fine to thecomptroller in the manner provided by Subchapter B, Chapter 133, Local GovernmentCode.

(h) If the offense described by Subsection (g) occurred within 20 miles of an internationalborder, the entire amount of the fine shall be deposited for the purposes of roadmaintenance in:

(1) the municipal treasury, if the fine was imposed by a municipal court; or

(2) the county treasury, if the fine was imposed by a justice court.

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Motor Carrier Weight Violations – Share the Fine

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Parks & Wildlife Violations – Share the Fine

PWC Sec. 31.128. DISPOSITION OF FINES. (a) A justice of the peace, or a clerk ofany court, or any other officer of this state receiving any fine imposed by a court for aviolation of this chapter shall send the fine to the department within 10 days after receiptand shall note the docket number of the case, the name of the person fined, and thesection or article of the law under which the conviction was secured.

How is the Calculation made?

(b) In justice court cases filed as the result of an arrest by a game warden, theamount to be remitted to the game, fish, and water safety account shall be 85 percent ofthe fine. In county court cases filed as the result of an arrest by a game warden, theamount to be remitted to the game, fish, and water safety account shall be 80 percent ofthe fine. All costs of the court shall be retained by the court having jurisdiction of theoffense and deposited as other fees in the proper county fund.

(c) In court cases filed as the result of an arrest by a marine safety enforcementofficer other than a game warden, the amount to be remitted to the game, fish, and watersafety account shall be 60 percent of the fine. All costs of the court shall be retained by thecourt having jurisdiction of the offense and deposited as other fees in the proper countyfund.

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Payment of Fines & Court Costs – Monies vs. Time

How are monetary payments allocated to fees & court costs?o Apply to court costs firsto Then to fines

What are non-monetary payments?o Community Serviceo Jail Timeo Indigent

How are non-monetary payments documented?o Requesto Approvalo completion

How are non-monetary payments allocated to fees & court costs?o Apply to fines firsto Then to court costs

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Payment of Fines & Court Costs – Allocation Payment in full is eazy peezy

Partial payment with no collection fees

o Court costs $127.10 and fine $400.00

o Payment of $50.00 is less than the $127.10 court costs, therefore; allocation is required

The amount collected/total court costs $50.00/$127.10 = 39.34%

Allocation BalanceConsolidated court costs 40.00 15.74 24.26 Courthouse security 4.00 1.57 2.43 County transaction 2.00 0.79 1.21 Indigent defense 2.00 0.79 1.21 Justice court technology 4.00 1.57 2.43 Jury reimbursement 4.00 1.57 2.43 Judicial support 6.00 2.36 3.64 Moving violation 0.10 0.04 0.06 Officer arrest county 5.00 1.97 3.03 State traffic, subtitle C 30.00 11.80 18.20 Traffic 3.00 1.18 1.82 Time pay 25.00 9.84 15.17 Truancy prevention 2.00 0.79 1.21 Total court costs 127.10 50.00 77.10 Fine 400.00 Total 527.10

o If a subsequent payment is $50.00, a similar allocation is made to court costsfirst

o If a subsequent payment is $100.00, the balance of court costs is paid($100.00-$77.10) and the balance of $22.90 is allocated to the fine.

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Payment of Fines & Court Costs – Allocation

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Payment of Fines & Court Costs – Allocation

Partial payment with collection fee

o Court costs $157.10 with additional FTA (Omnibase) fee, fine $400.00 andcollection fee of $158.13

Collection fee not calculated on $30 FTA

o Payment of $100.00 is less than balance due, therefore; must be allocated first tothe collection fee.

Amount collected/total amount due• 100.00/715.23 = 13.98%

Collection fee * allocation %• $158.13*13.98% = $22.10

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Payment of Fines & Court Costs – Allocation

o Balance of payment ($100.00-$22.10) is less than the$157.10 court costs, therefore; allocation is required

o Allocation to court costs The amount left/total court costs $77.90/$157.10 = 49.59%

Allocation Balance

Consolidated court costs 40.00 19.83 20.17 Courthouse security 4.00 1.98 2.02 County transaction 2.00 0.99 1.01

Failure to Appear or Pay 30.00 14.88 15.12 Indigent defense 2.00 0.99 1.01

Justice court technology 4.00 1.98 2.02 Jury reimbursement 4.00 1.98 2.02 Judicial support 6.00 2.98 3.02 Moving violation 0.10 0.05 0.05 Officer arrest county 5.00 2.48 2.52 State traffic, subtitle C 30.00 14.88 15.12 Traffic 3.00 1.49 1.51 Time pay 25.00 12.40 12.60 Truancy prevention 2.00 0.99 1.01 Total court costs 157.10 77.90 79.20 Fine 400.00 0.00 400.00 Subtotal 557.10 77.90 479.20 Collection fee @ 30% 158.13 22.10 136.03 Total 715.23 100.00 615.23

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think globally, build locally, connect regionally

think globally, build locally, connect regionally

Thank you for your Time

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Heidi J. Zikorus

o: 281.257-6765 ext. 100

c: 713.562.0141

e: heidiz@intech-co.com

www.intech-co.com