An Act concerning courts; relating to criminal
procedure, costs thereof; disposition of
docket fees, law enforcement training center
fund; amending K.S.A. 20-362 and K.S.A.
1997 Supp. 12-4112 and 28-172a and repealing
the existing sections; also repealing
K.S.A. 1997 Supp. 28-172d.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Any person convicted or diverted, or
adjudicated
or diverted under a preadjudication program, pursuant to K.S.A.
22-2906 et seq., 38-1635 et seq., or 12-4414 et seq.,
and amendments thereto, of
a misdemeanor or felony contained in chapters 8, 21, 41 or 65 of
the
Kansas Statutes Annotated, and amendments thereto, where
fingerprints
are required pursuant to K.S.A. 21-2501, and amendments thereto,
shall
pay a separate court cost if the board of county commissioners or
by the
governing body of a city, where a city operates a detention
facility, votes
to adopt such a fee as a booking or processing fee for each
complaint.
(b) Such fee shall be in addition to and not in substitution
for any
and all fines and penalties otherwise provided for by law for such
offense.
(c) Disbursements of these fees shall be to the general fund
of the
governing body responsible for the funding of the sheriff, police
depart-
ment or countywide law enforcement agency that obtains the
fingerprints.
(d) Such fee shall not exceed $45.
Sec. 2. K.S.A. 1997 Supp. 12-4112 is hereby amended to
read as
follows: 12-4112. No person shall be assessed costs for the
administration
of justice in any municipal court case, except for witness fees and
mileage
as set forth in K.S.A. 12-4411, and amendments thereto,
and; for the
assessment required by K.S.A. 19961997
Supp. 20-1a11, and amend- ments thereto; for the judicial branch education fund
and; for the assess-
ment required by K.S.A. 19961997 Supp.
12-4117 and amendments
thereto for the law enforcement training center fund established
pursuant
to K.S.A. 74-5619 and amendments thereto, the local law
enforcement
training reimbursement fund established pursuant to K.S.A.
74-5620, and amendments thereto, and the juvenile detention facilities
fund as provided
in K.S.A. 19961997 Supp. 12-4117, and
amendments thereto; and for the assessment required by section 1, and amendments thereto, for
the deten- tion facility processing fee.
Sec. 3. K.S.A. 20-362 is hereby amended to read as
follows: 20-362.
The clerk of the district court shall remit at least monthly all
revenues
received from docket fees as follows:
(a) 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. 61-2501, 61-2704 or 61-2709, and amendments
thereto; and
(3) a sum equal to $5 for each $16.50 docket fee paid pursuant
to
K.S.A. 61-2501 or 61-2704, and amendments thereto, during the
preced-
ing calendar month.
(b) 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) 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, 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, for deposit in the state treasury
and credit
to the law enforcement training center fund, during the
period com- mencing July 1, 1994, and ending June 30, 1998,during the period com- mencing July 1, 1998, and ending June 30, 2002, a sum equal
to $9, and on and after July 1, 1998, a sum equal to $8,
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 preceding calendar
month.
(f) To the state treasurer, for deposit in the state treasury
and distri-
bution 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
pre-
ceding calendar month after deduction of the amounts specified in
sub-
sections (a), (b), (c), (d) and (e).
Sec. 4. K.S.A. 1997 Supp. 28-172a is hereby amended to
read as
follows: 28-172a. (a) Except as otherwise provided in this section,
when-
ever the prosecuting witness or defendant is adjudged to pay the
costs in
a criminal proceeding in any county, a docket fee shall be taxed as
follows:
(1) For the period commencing July 1, 1994, and ending
June 30, 1996:
Murder or
manslaughter
$159.50
Other felony
129.50
Misdemeanor
99.50
Forfeited
recognizance
59.50
Appeals from other
courts
59.50
(2) For a period commencing July 1, 1996, and ending
June 30, 1998:
Murder or
manslaughter
$157.50
Other felony
127.50
Misdemeanor
97.50
Forfeited
recognizance
57.50
Appeals from other
courts
57.50
(3) On and after July 1, 1998:
Murder or manslaughter
$156.50
$164.50
Other felony
126.50
134.50
Misdemeanor
96.50
102.50
Forfeited recognizance
56.50
62.50
Appeals from other courts
56.50
62.50
(b) In actions involving the violation of any of the laws of
this state
regulating traffic on highways (including those listed in
subsection (c) of
K.S.A. 8-2118, and amendments thereto), a cigarette or tobacco
infrac-
tion, any act declared a crime pursuant to the statutes contained
in chap-
ter 32 of Kansas Statutes Annotated and amendments thereto or any
act
declared a crime pursuant to the statutes contained in article 8 of
chapter
82a of the Kansas Statutes Annotated, and amendments thereto,
when-
ever the prosecuting witness or defendant is adjudged to pay the
costs in
the action, a docket fee of $42 shall be charged during the
period com- mencing July 1, 1994, and ending June 30, 1996, $41 during
the period commencing July 1, 1996, and ending June 30, 1998, and $40
on or after July 1, 1998$45. When an action is
disposed of under subsections (a) and
(b) of K.S.A. 8-2118 or subsection (f) of K.S.A. 79-3393, and
amendments
thereto, whether by mail or in person, the docket fee to be paid as
court
costs shall be $42 during the period commencing July 1,
1994, and ending June 30, 1996, $41 during the period commencing July 1,
1996, and end- ing June 30, 1998, and $40 on and after July 1,
1998$45.
(c) If a conviction is on more than one count, the docket fee
shall be
the highest one applicable to any one of the counts. The
prosecuting
witness or defendant, if assessed the costs, shall pay only one
fee. Multiple
defendants shall each pay one fee.
(d) Statutory charges for law library funds, the law
enforcement train-
ing center fund, the prosecuting attorneys' training fund, the
juvenile
detention facilities fund, the judicial branch education fund, the
emer-
gency medical services operating fund and the judiciary technology
fund
shall be paid from the docket fee; the family violence and child
abuse and
neglect assistance and prevention fund fee shall be paid from
criminal
proceedings docket fees. All other fees and expenses to be assessed
as
additional court costs shall be approved by the court, unless
specifically
fixed by statute. Additional fees shall include, but are not
limited to, fees
for Kansas bureau of investigation forensic or laboratory analyses,
fees for detention facility processing pursuant to section 1, and
amendments thereto, fees for the sexual assault evidence collection kit,
fees for con- ducting an examination of a sexual assault victim, fees for
service of pro-
cess outside the state, witness fees, fees for transcripts and
depositions,
costs from other courts, doctors' fees and examination and
evaluation fees.
No sheriff in this state shall charge any district court of this
state a fee or
mileage for serving any paper or process.
(e) In each case charging a violation of the laws relating to
parking
of motor vehicles on the statehouse grounds or other state-owned
or
operated property in Shawnee county, Kansas, as specified in K.S.A.
75-
4510a, and amendments thereto, or as specified in K.S.A. 75-4508,
and
amendments thereto, the clerk shall tax a fee of $2 which shall
constitute
the entire costs in the case, except that witness fees, mileage and
expenses
incurred in serving a warrant shall be in addition to the fee.
Appearance
bond for a parking violation of K.S.A. 75-4508 or 75-4510a, and
amend-
ments thereto, shall be $3, unless a warrant is issued. The judge
may
order the bond forfeited upon the defendant's failure to appear,
and $2
of any bond so forfeited shall be regarded as court costs.
Sec. 5. K.S.A. 20-362 and K.S.A. 1997 Supp. 12-4112,
28-172a and
28-172d are hereby repealed.
Sec. 6. This act shall take effect and be in force from
and after its
publication in the statute book.