FIRST REGULAR SESSION
SENATE BILL NO. 489
92ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR DOLAN.
Read 1st time February 13, 2003, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
1472S.01I
AN ACT
To repeal section 488.5336, RSMo, and to enact in lieu thereof one new section relating to court costs.
Section A.Section 488.5336, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 488.5336, to read as follows:
488.5336.1.A surcharge of [two] three dollars may be assessed as costs in each criminal case involving violations of any county ordinance or a violation of any criminal or traffic laws of the state, including infractions, or violations of municipal ordinances, provided that no such fee shall be collected in any proceeding in any court when the proceeding or 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.If imposed by a municipality, such surcharges shall be collected by the clerk of the municipal court responsible for collecting court costs and fines and shall be transmitted monthly to the treasurer of the municipality where the violation occurred in cases of violations of municipal ordinances.If imposed by a county, such surcharges shall be collected and disbursed as provided in sections 488.010 to 488.020.Such surcharges shall be payable to the treasurer of the county where the violation occurred in the case of violations of the general criminal laws of the state or county ordinances.Without regard to whether the aforementioned surcharge is assessed, a surcharge in the amount of [one dollar] two dollars shall be assessed as provided in this section, and shall be collected and disbursed as provided in sections 488.010 to 488.020 and payable to the state treasury to the credit of the peace officer standards and training commission fund created in section 590.178, RSMo.Such surcharges shall be in addition to the court costs and fees and limits on such court costs and fees established by section 66.110, RSMo, and section 479.260, RSMo.
2.Each county and municipality shall use all funds received under this section only to pay for the training required as provided in sections 590.100 to 590.180, RSMo, or for the training of county coroners and their deputies provided that any excess funds not allocated to pay for such training may be used to pay for additional training of peace officers or for training of other law enforcement personnel employed or appointed by the county or municipality.No county or municipality shall retain more than one thousand five hundred dollars of such funds for each certified law enforcement officer, candidate for certification employed by that agency or a coroner and the coroner's deputies.Any excess funds shall be transmitted quarterly to the general revenue fund of the county or municipality treasury which assessed the costs.