Bill Text: MS SB2448 | 2020 | Regular Session | Introduced
Bill Title: Public Defenders Education Fund; establish education and training cost.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-03-03 - Died In Committee [SB2448 Detail]
Download: Mississippi-2020-SB2448-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary, Division A; Appropriations
By: Senator(s) Simmons (12th)
Senate Bill 2448
AN ACT TO AMEND SECTION 37-26-1, MISSISSIPPI CODE OF 1972, TO PROVIDE FUNDS TO THE STATE PUBLIC DEFENDER FOR EDUCATION OF PUBLIC DEFENDERS; TO AMEND SECTION 37-26-3, MISSISSIPPI CODE OF 1972, TO REVISE THE EDUCATION FUND FEE CHARGED IN ALL CIVIL CASES; TO AMEND SECTION 37-26-9, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR DISTRIBUTION OF THE FEE TO THE APPROPRIATE FUNDS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-26-1, Mississippi Code of 1972, is amended as follows:
37-26-1. (1) The purpose of this chapter is to provide funds for use by:
(a) The University of
Mississippi Law Center in providing: (i) education and training for the courts
of Mississippi and related personnel; (ii) technical assistance for the courts
of Mississippi and related personnel; and (iii) current and accurate
information for the Mississippi Legislature pertaining to the needs of the
courts of Mississippi and related personnel; * * *
(b) The Attorney General
of the State of Mississippi in providing: (i) education and training for
district attorneys, county prosecuting attorneys and municipal prosecuting
attorneys; (ii) technical assistance for district attorneys, county prosecuting
attorneys and municipal prosecuting attorneys; and (iii) current and accurate
information for the Mississippi Legislature pertaining to the needs of district
attorneys, county prosecuting attorneys and municipal prosecuting attorneys * * *; and
(c) The State Public Defender in providing: (i) education and training for public defenders in all Mississippi courts; (ii) technical assistance for public defenders; and (iii) current and accurate information for the Mississippi Legislature pertaining to the needs of public defenders.
(2) The provisions of this chapter are applicable to all courts of Mississippi, now or hereafter created, including, but not limited to, the supreme, circuit, chancery, county, youth, family, justice and municipal courts, other provisions to the contrary notwithstanding.
SECTION 2. Section 37-26-3, Mississippi Code of 1972, is amended as follows:
37-26-3. (1) In addition
to any other fees or costs now or as may hereafter be provided by law, there is
hereby charged in all civil cases in the chancery, circuit, county, justice and
municipal courts of this state a court education and training cost in the
amount of * * * Three Dollars ($3.00), except in justice court cases
where the amount sued for is less than Fifteen Dollars ($15.00). Such cost
shall be collected by the clerk or judicial officer from the party bringing the
civil action at the time of filing and taxed as costs.
(2) From and after July 1, 2017, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer.
(3) From and after July 1, 2017, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
SECTION 3. Section 37-26-9, Mississippi Code of 1972, is amended as follows:
37-26-9. (1) It shall be
the duty of the clerk of any court to promptly collect the costs imposed
pursuant to the provisions of Section 37-26-3. In all cases the clerk shall
monthly deposit all such costs so collected with the State Treasurer either
directly or by other appropriate procedures. All such deposits shall be
clearly marked for the State Court Education Fund, Public Defenders
Education Fund and the State Prosecutor Education Fund. Upon receipt of
such deposits, the State Treasurer shall credit * * * fifty
percent (50%) of any amounts so deposited to the State Court Education Fund
created pursuant to subsection (2) of this section, twenty-five percent
(25%) to the Public Defenders Education Fund created by Section 99-40-1,
and shall credit the remaining twenty-five percent (25%) of any amounts so
deposited to the State Prosecutor Education Fund created pursuant to subsection
(3) of this section.
(2) Such assessments as are collected under Section 99-19-73 shall be deposited in a special fund hereby created in the State Treasury and designated the "State Court Education Fund." Monies deposited in such fund shall be expended by the Board of Trustees of State Institutions of Higher Learning as authorized and appropriated by the Legislature to defray the cost of providing: (i) education and training for the courts of Mississippi and related personnel; (ii) technical assistance for the courts of Mississippi and related personnel; and (iii) current and accurate information for the Mississippi Legislature pertaining to the needs of the courts of Mississippi and related personnel.
(3) Such assessments as are collected under Section 99-19-73 shall be deposited in a special fund hereby created in the State Treasury and designated the "State Prosecutor Education Fund." Monies deposited in such fund shall be expended by the Attorney General of the State of Mississippi as authorized and appropriated by the Legislature to defray the cost of providing: (i) education and training for district attorneys, county prosecuting attorneys and municipal prosecuting attorneys; (ii) technical assistance for district attorneys, county prosecuting attorneys and municipal prosecuting attorneys; and (iii) current and accurate information for the Mississippi Legislature pertaining to the needs of district attorneys, county prosecuting attorneys and municipal prosecuting attorneys.
(4) A supplemental fund is hereby created in the State Treasury and designated the State Court Constituents Fund. Monies deposited in such fund shall be for the education and training of judges and related court personnel other than those specified in Section 37-26-1(b). In addition to any other fees or costs now or as may hereafter be provided by law, there is hereby charged in all civil cases in the chancery, circuit, county, justice and municipal courts of this state a supplemental court education and training cost in the amount of Fifty Cents (50¢), except in justice court cases where the amount sued for is less than Fifteen Dollars ($15.00); and in all criminal cases in the circuit, county, justice and municipal courts of this state, except in cases where the fine is less than Ten Dollars ($10.00). Such costs shall be charged and collected as provided by Sections 37-26-3 and 37-26-5.
After the transfer to the Public Defenders Education Fund of twenty-five percent (25%) and to the State Prosecutor Education Fund of twenty-five percent (25%) of the money provided for in subsection (1) of this section, there shall then be transferred into the State Court Education Fund the money on deposit in the State Court Constituents Fund.
(5) A special fund is created in the State Treasury and designated the "State Court Security Systems Fund." Monies deposited in such fund shall be expended for general courtroom security as well as the maintenance and operation of security surveillance and detection devices for the courtrooms of each court of the State of Mississippi specified in Section 37-26-1(2). The Administrative Office of Courts shall conduct a study to assess and determine the security needs of the courts and is authorized to expend monies in the fund for the purposes of the fund as authorized and appropriated by the Legislature.
(6) From and after July 1, 2017, the expenses of the State Court Education Fund, the State Prosecutors Education Fund, the State Court Constituents Fund and the State Court Security Systems Fund shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer.
(7) From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
SECTION 4. This act shall take effect and be in force from and after July 1, 2020.
