HOUSE BILL No. 2233


      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. 1996 1997 Supp. 20-1a11, and amend-
ments thereto; for the judicial branch education fund and; for the assess-
ment required by K.S.A. 1996 1997 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. 1996 1997 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 con-
stitute 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 amendments thereto, shall be $3, unless a warrant is issued. The
judge may order the bond forfeited upon the defendant's failure to ap-
pear, 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.

I hereby certify that the above Bill originated in the
House, and passed that body

__________________________________

House adopted
Conference Committee Report __________________________

__________________________________
Speaker of the House.
__________________________________
Chief Clerk of the House.
Passed the Senate
as amended __________________________

Senate adopted
Conference Committe Report __________________________

__________________________________
President of the Senate
__________________________________
Secretary of the Senate.
Approved__________________________

__________________________________
Governor.