Session Law

Identifying Information:L. 2002 ch. 199
Other Identifying Information:2002 House Bill 2802
Tax Type:Other
Brief Description:An Act relating to courts; concerning the Kansas law enforcement training center fund; increasing county and municipal court assessments; extending the collection of certain district court docket fees; amending K.S.A. 12-4117 and K.S.A. 2001 Supp. 19-101e, 19- 4707 and 20-362 and repealing the existing sections.
Keywords:


Body:

CHAPTER 199

HOUSE BILL No. 2802


An Act relating to courts; concerning the Kansas law enforcement training center fund;

increasing county and municipal court assessments; extending the collection of certain

district court docket fees; amending K.S.A. 12-4117 and K.S.A. 2001 Supp. 19-101e, 19-


4707 and 20-362 and repealing the existing sections.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 12-4117 is hereby amended to read as follows: 12-

4117. (a) On and after July 1, 1996, In each case filed in municipal court

charging a crime other than a nonmoving traffic violation, where there is

a finding of guilty or a plea of guilty, a plea of no contest, forfeiture of

bond or a diversion, a sum in an amount of $7 $9 shall be assessed and

such assessment shall be credited as follows:

One dollar to the local law enforcement training reimbursement fund

established pursuant to K.S.A. 74-5620, and amendments thereto, $2 $4

to the law enforcement training center fund established pursuant to

K.S.A. 74-5619, and amendments thereto, $2 to the juvenile detention

facilities fund established pursuant to K.S.A. 79-4803, and amendments

thereto, to be expended for operational costs of facilities for the detention

of juveniles, $.50 to the protection from abuse fund established pursuant

to K.S.A. 74-7325, and amendments thereto, $.50 to the crime victims

assistance fund established pursuant to K.S.A. 74-7334, and amendments

thereto and $1 to the trauma fund established pursuant to K.S.A. 2001

Supp. 75-5670, and amendments thereto.

(b) The judge or clerk of the municipal court shall remit the appro-

priate assessments received pursuant to this section to the state treasurer

in accordance with the provisions of K.S.A. 75-4215, and amendments

thereto. Upon receipt of each such remittance, the state treasurer shall

deposit the entire amount in the state treasury to the credit of the local

law enforcement training reimbursement fund, the law enforcement

training center fund, the juvenile detention facilities fund, the crime vic-

tims assistance fund and the trauma fund as provided in this section.

(c) For the purpose of determining the amount to be assessed ac-

cording to this section, if more than one complaint is filed in the municipal

court against one individual arising out of the same incident, all such

complaints shall be considered as one case.

Sec. 2. K.S.A. 2001 Supp. 19-101e is hereby amended to read as

follows: 19-101e. (a) Except as provided in subsections (b) and (d) and in

K.S.A. 19-4707 and amendments thereto, the items allowable as costs

shall be the same as in cases for misdemeanor violations of state law and

shall be taxed as provided in K.S.A. 22-3801, 22-3802 and 22-3803, and

amendments thereto.

(b) The fees and mileage for the attendance of witnesses shall be

borne by the party calling the witness, except that if an accused person

is found not guilty, the county shall pay all such expenses, but the court

may direct that fees and mileage of witnesses subpoenaed by the accused

person be charged against such person, if the court finds that there has

been an abuse of the use of subpoenas by the accused person.

(c) All fines and penalties collected in actions for the enforcement of

county codes and resolutions pursuant to the code for the enforcement

of county codes and resolutions as provided in subsection (b) of K.S.A.

19-101d and amendments thereto shall be paid over to the county trea-

surer of the county where they are imposed for deposit in the county

general fund or in the special law enforcement fund, if established. All

fines and penalties collected in actions brought pursuant to the provisions

of subsection (a) of K.S.A. 19-101d and amendments thereto shall be

remitted to the state treasurer, as provided in K.S.A. 20-2801 and amend-

ments thereto.

(d) In each county which has created a county court for enforcement

of county codes and resolutions as provided in subsection (b) of K.S.A.

19-101d and amendments thereto, the court shall assess additional court

costs of $1 $20 for each violation of a resolution. The judge or clerk of

the county court shall remit at least monthly to the state treasurer all such

additional costs received $2 of the additional court costs. The state trea-

surer shall deposit the entire amount of the remittance in the state treas-

ury and credit 50% to the protection from abuse fund established pur-

suant to K.S.A. 74-7325 and amendments thereto and 50% to the crime

victims assistance fund established pursuant to K.S.A. 74-7334 and

amendments thereto. The remaining additional court costs shall be paid

over to the county treasurer of the county where they are imposed for

deposit in the county general fund.

Sec. 3. K.S.A. 2001 Supp. 19-4707 is hereby amended to read as

follows: 19-4707. (a) Except as provided in subsection (b), no person shall

be assessed costs for enforcement and prosecution of violations of county

codes and resolutions pursuant to this code, except for witness fees and

mileage as set forth in K.S.A. 19-4726, and amendments thereto.

(b) The court shall assess as a cost in each case filed for violations of

county codes and resolutions, a $1 $20 assessment. The judge or clerk of

the court shall remit all $2 of such assessments received to the state

treasurer in accordance with the provisions of K.S.A. 75-4215, and

amendments thereto. Upon receipt of each such remittance, the state

treasurer shall deposit the entire amount of the remittance in the state

treasury and credit 50% to the protection from abuse fund established

pursuant to K.S.A. 74-7325, and amendments thereto, and 50% to the

crime victims assistance fund established pursuant to K.S.A. 74-7334, and

amendments thereto. The remaining additional court costs shall be paid

over to the county treasurer of the county where they are imposed for

deposit in the county general fund.

Sec. 4. K.S.A. 2001 Supp. 20-362 is hereby amended to read as fol-

lows: 20-362. The clerk of the district court shall remit all revenues re-

ceived from docket fees as follows:

(a) At least monthly to the county treasurer, for deposit in the county

treasury and credit to the county general fund:

(1) A sum equal to $10 for each docket fee paid pursuant to K.S.A.

60-2001 and 60-3005, and amendments thereto, during the preceding

calendar month;

(2) a sum equal to $10 for each $36.50 or $61.50 docket fee paid

pursuant to K.S.A. 2001 Supp. 61-4001, or K.S.A. 61-2704 or 61-2709,

and amendments thereto; and

(3) a sum equal to $5 for each $19.50 docket fee paid pursuant to

K.S.A. 2001 Supp. 61-4001 or K.S.A. 61-2704, and amendments thereto,

during the preceding calendar month.

(b) At least monthly to the board of trustees of the county law library

fund, for deposit in the fund, a sum equal to the library fees paid during

the preceding calendar month for cases filed in the county.

(c) At least monthly to the county treasurer, for deposit in the county

treasury and credit to the prosecuting attorneys' training fund, a sum

equal to $1 for each docket fee paid pursuant to K.S.A. 28-172a, and

amendments thereto, during the preceding calendar month for cases filed

in the county and for each fee paid pursuant to subsection (c) of K.S.A.

28-170, and amendments thereto, during the preceding calendar month

for cases filed in the county.

(d) To the state treasurer, in accordance with the provisions of K.S.A.

75-4215, and amendments thereto, for deposit in the state treasury and

credit to the indigents' defense services fund, a sum equal to $.50 for

each docket fee paid pursuant to K.S.A. 28-172a and subsection (d) of

K.S.A. 28-170, and amendments thereto, during the preceding calendar

month.

(e) To the state treasurer, in accordance with the provisions of K.S.A.

75-4215, and amendments thereto, for deposit in the state treasury and

credit to the law enforcement training center fund, during the period

commencing July 1, 1998, and ending June 30, 2002, a sum equal to $9,

and on and after July 1, 2002, a sum equal to $8 for each docket fee paid

pursuant to K.S.A. 28-172a, and amendments thereto, during the pre-

ceding calendar month.

(f) To the state treasurer, in accordance with the provisions of K.S.A.

75-4215, and amendments thereto, for deposit in the state treasury and

distribution according to K.S.A. 20-367, and amendments thereto, a sum

equal to the balance which remains from all docket fees paid during the

preceding calendar month after deduction of the amounts specified in

subsections (a), (b), (c), (d) and (e).

Sec. 5. K.S.A. 12-4117 and K.S.A. 2001 Supp. 19-101e, 19-4707 and

20-362 are hereby repealed.

Sec. 6. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 29, 2002.


__________




Date Composed: 10/10/2002 Date Modified: 10/10/2002