Hon. Ii&r .D&m, .JrJr, bpixlfon Ho0 v-649
Coun?y Attorne
Jid Wells Couue J ,RoI .Assrs&nt of costs,
Alice, Texas - a$tw placing an adult
~dofamlant au probation
AttsntWiat Bon. in 0 salary county,
Parker Bllsey
Dear Sir: :
we refer to Jrour letters in which you ask
if costs should be assesred against a defendant who
has been placed on probatfon after tionvfctfon in a
criminal
- - case fn a salary Couut~$. You have not re-
ferrea us to any authority which distfnguafshes ,be-
Ween fee countLeg tid.silarf countf&s concernfng
liability. of a convicted defo&ant for o6sts in a
~criminol case and we haw fOUZ&noWi Therefore this
opfnion applies to both such., oounties,
S&ctlon 31 of Artfcle 781b, V&rnonDs Code
of, Criminal. Procedure p readsr
“For the purpesr of ,detenining .when
fees are to be paid-to pay officer or office,
the placfng .of th,e defez@ant on probation
tihall~be considered .a,flual ditiposftfon of
that,case, with+ the n~osslty oft waiting
for the’ termination of the period of proba,
tfon ,or ‘su~spension Of 8eutencera
.The lauguage. ‘ftir the purpebe of de$errin-
ing when’fees are to be paid to any ,offfcer or offfcen
makes plain that ,a11 such fees becore due and payable
at the t.ire the defendant fs placed on probation so
that procass map issue therefor, Language that is
plain Is not subject to constpuctioii. The ,assessrent
and collection of costs fs’not affected by placing- the
defendant on probitfon.
Hen. Homer Dean, Jr. - Page 2 (V-&1
sec. 3.l of &%a 781by v. c. co r,
vi%es that the febs are te be ?ail te t IF
officers at the time the defendant IS placrl
en probation even though the case be trfe%
in a salary county,
Yeurs very truly,.
ATTOBl’iEY
O=lUL OF TSXA8
WTW rwb Assistant