Bill Text: MO HB927 | 2011 | Regular Session | Introduced
Bill Title: Requires a court to assess a surcharge of up to 6% in each criminal proceeding if authorized by the municipal or county government where the violation occurred
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-04 - Public Hearing Completed (H) [HB927 Detail]
Download: Missouri-2011-HB927-Introduced.html
FIRST REGULAR SESSION
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES McDONALD (Sponsor), LASATER, ANDERS, McMANUS, CROSS, LAUER, TALBOY, RIZZO, KRATKY, HUGHES, BROWN (50), CONWAY (27), BLACK, CIERPIOT, CASEY, HODGES, MOLENDORP, COLONA, FALLERT AND WEBB (Co-sponsors).
1473L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 488, RSMo, by adding thereto one new section relating to a surcharge for violations of ordinances or criminal and traffic laws.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 488, RSMo, is amended by adding thereto one new section, to be known as section 488.5322, to read as follows:
488.5322. 1. In addition to all other court costs prescribed by law, a surcharge of up to six percent shall be assessed as costs in each court proceeding filed in any court in the state in all criminal cases including violations of any county or municipal ordinance or any violation of criminal or traffic laws of the state, including infractions, except that no such surcharge shall be collected in any proceeding involving a violation of an ordinance or state law in any court when the proceeding or the defendant has been dismissed by the court or when costs are to be paid by the state, county or municipality. For violations of the general criminal laws of the state or county ordinances, no such surcharge shall be collected unless it is authorized by the county government where the violation occurred. For violations of municipal ordinances, no such surcharge shall be collected unless it is authorized by the municipal government where the violation occurred. Such surcharges collected by municipal clerks in municipalities electing or required to have violations of municipal ordinances tried before a municipal judge under section 479.020, or to employ judicial personnel under section 479.060, shall be disbursed to the city at least monthly, and such surcharges collected by circuit court clerks shall be collected and disbursed as provided by sections 488.010 to 488.020 and shall be payable to the county or municipality where the violation occurred.
2. Each county or municipality shall use all funds received under this section only to pay for the costs associated with the construction and operation of a multi-jurisdictional detention facility including, but not limited to, utilities, maintenance and building security, or to help offset the cost of incarceration of defendants. The county or municipality shall maintain records identifying such operating costs, and any moneys not needed for such costs shall be transmitted quarterly to the general revenue fund of the county municipality. The costs collected may be pledged to directly or indirectly secure bonds for the cost of construction, restoration, maintenance and upkeep of the multi-jurisdictional detention facilities.
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