Introduced

COURT SURCHARGE FOR CREDIT OF CONTRACT INDIGENT DEFENSE FUND

This act repeals the court surcharges assessed and collected for the credit of the head injury fund, the independent living center fund, the motorcycle safety trust fund, and the spinal cord injury fund, and provides that such funds will be funded with appropriated moneys transferred from the state general revenue fund. The act also provides that all moneys in such funds at the end of any biennium shall be transferred to the state general revenue fund. The act provides that a surcharge of five dollars shall be assessed and collected in all criminal cases filed in the courts of this state, including violations of any country ordinance, violations of criminal or traffic laws of this state, including infractions. No such surcharge shall be assessed when the proceeding or defendant has been dismissed by the court, or when costs are to be paid by the state, county, or municipality. Such surcharges shall be credited to the contract indigent defense fund, as established by this act, for the purposes provided therein.

CONTRACT INDIGENT DEFENSE FUND

The act creates the "Contract Indigent Defense Fund", consisting of moneys transferred from the state general revenue fund and a $5 court surcharge. Money from the fund shall be used to pay contract counsel to represent eligible indigent persons who are charged with a misdemeanor, a violation for passing a bad check, or a misdemeanor probation violation that will likely result in confinement in county jail and for which the constitution or law requires the appointment of counsel. Such probation violation must also possibly result in the charging of a separate offense.

The money in the fund shall also be used to represent persons involved in criminal child support enforcement actions and persons who would normally be represented by a public defender, except that the public defender has a conflict of interest in such case.

The court in which the charge or action is pending shall make a determination of a defendant's eligibility for representation under the contract indigent defense fund. The fund shall be administered by the Office of the Missouri State Public Defender. Employees of the public defender system may not serve as contract counsel.

NO REPRESENTATION REQUIRED FOR PROBATION VIOLATIONS

No public defender or contract counsel shall be required to provide legal services to an eligible person for a probation violation unless such violation could result in the charging of a separate offense.

SUSAN HENDERSON MOORE & ALEXA PEARSON