|
SB 553 - This act modifies various provisions regarding municipal courts and fines collected in minor traffic and municipal ordinance violation cases. The act repeals provisions stating that failure to appear procedures in moving traffic violation cases, which include driving license suspension, shall not apply to minor traffic violations. Likewise, a provision prohibiting a municipal judge from serving as a municipal judge in more than five municipalities is repealed. The terms "annual general operating revenue", "minor traffic violation", and "municipal ordinance violation", as applied in provisions regarding the assessment of fines in minor traffic violation and municipal ordinance violation cases, are modified. The act repeals a provision prohibiting defendants in minor traffic violation or municipal ordinance violation cases from being placed in confinement for failure to pay a fine unless such nonpayment violates terms of probation or unless due process procedures are followed. Under the act, if such defendant fails to appear and the court finds there is not good cause for failing to appear, then the current limitations regarding fines and confinement shall not apply. Under current law, a county or municipality that has a municipal court must submit a financial report to the auditor. This act provides that a county or municipality will meet compliance with this requirement by filing a statement confirming that twenty percent or less of its general revenue comes from fines, bond forfeitures, and court costs in municipal court cases. Current law requires counties and municipalities with a municipal court to also file with the State Auditor a report demonstrating compliance with certain municipal court procedures. This act repeals the required procedure prohibiting the detention of defendants in order to coerce the payment of fines and costs unless such defendant is found to be in contempt after compliance with due process. Another required procedure is that the municipal court is to make use of community service alternatives at no cost to the defendant. This act removes the provision stating that the community service alternatives are to be offered at no cost to the defendant. Provisions in this act are similar to provisions in SB 81 (2017), HB 1071 (2017), HB 1013 (2017), and SB 520 (2017). JESSI JAMES
|
