10 AN ACT
concerning docket fees; amending K.S.A. 1999 Supp. 28-172a
11 and repealing the
existing section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 1999 Supp. 28-172a is hereby amended to read as
15 follows: 28-172a. (a) Except as otherwise
provided in this section, when-
16 ever the prosecuting witness or defendant
is adjudged to pay the costs in
17 a criminal proceeding in any county, a
docket fee shall be taxed as follows:
18 On and after July 1,
1998:
19
Murder or manslaughter
$164.50
20
Other felony
134.50
21
Misdemeanor
102.50
22
Forfeited recognizance
62.50
23
Appeals from other courts
62.50
24 (b)
(1) Except as provided in paragraph (2), In
actions involving the
25 violation of any of the laws of this state
regulating traffic on highways
26 (including those listed in subsection (c)
of K.S.A. 8-2118, and amend-
27 ments thereto), a cigarette or tobacco
infraction, any act declared a crime
28 pursuant to the statutes contained in
chapter 32 of Kansas Statutes An-
29 notated and amendments thereto or any act
declared a crime pursuant
30 to the statutes contained in article 8 of
chapter 82a of the Kansas Statutes
31 Annotated, and amendments thereto, whenever
the prosecuting witness
32 or defendant is adjudged to pay the costs
in the action, a docket fee of
33 $45$46 shall be
charged. When an action is disposed of under subsections
34 (a) and (b) of K.S.A. 8-2118 or subsection
(f) of K.S.A. 79-3393, and
35 amendments thereto, whether by mail or in
person, the docket fee to be
36 paid as court costs shall be
$45$46.
37 (2) In
actions involving the violation of a moving traffic violation
un-
38 der K.S.A. 8-2118, and amendments
thereto, as defined by rules and
39 regulations adopted under K.S.A.
8-249, and amendments thereto, when-
40 ever the prosecuting witness or
defendant is adjudged to pay the costs in
41 the action, a docket fee of $46
shall be charged. When an action is dis-
42 posed of under subsection (a) and
(b) of K.S.A. 8-2118, and amendments
43 thereto, whether by mail or in
person, the docket fee to be paid as court
2
1 costs shall be
$46.
2 (c) If a
conviction is on more than one count, the docket fee shall be
3 the highest one applicable to any one
of the counts. The prosecuting
4 witness or defendant, if assessed the
costs, shall pay only one fee. Multiple
5 defendants shall each pay one
fee.
6
(d) Statutory charges for law library funds, the law
enforcement train-
7 ing center fund, the prosecuting
attorneys' training fund, the juvenile
8 detention facilities fund, the
judicial branch education fund, the emer-
9 gency medical services operating fund
and the judiciary technology fund
10 shall be paid from the docket fee; the
family violence and child abuse and
11 neglect assistance and prevention fund fee
shall be paid from criminal
12 proceedings docket fees. All other fees and
expenses to be assessed as
13 additional court costs shall be approved by
the court, unless specifically
14 fixed by statute. Additional fees shall
include, but are not limited to, fees
15 for Kansas bureau of investigation forensic
or laboratory analyses, fees for
16 detention facility processing pursuant to
K.S.A. 1999 Supp. 12-16,119,
17 and amendments thereto, fees for the sexual
assault evidence collection
18 kit, fees for conducting an examination of
a sexual assault victim, fees for
19 service of process outside the state,
witness fees, fees for transcripts and
20 depositions, costs from other courts,
doctors' fees and examination and
21 evaluation fees. No sheriff in this state
shall charge any district court of
22 this state a fee or mileage for serving any
paper or process.
23 (e) In each case
charging a violation of the laws relating to parking
24 of motor vehicles on the statehouse grounds
or other state-owned or
25 operated property in Shawnee county,
Kansas, as specified in K.S.A. 75-
26 4510a, and amendments thereto, or as
specified in K.S.A. 75-4508, and
27 amendments thereto, the clerk shall tax a
fee of $2 which shall constitute
28 the entire costs in the case, except that
witness fees, mileage and expenses
29 incurred in serving a warrant shall be in
addition to the fee. Appearance
30 bond for a parking violation of K.S.A.
75-4508 or 75-4510a, and amend-
31 ments thereto, shall be $3, unless a
warrant is issued. The judge may
32 order the bond forfeited upon the
defendant's failure to appear, and $2
33 of any bond so forfeited shall be regarded
as court costs.
34 Sec. 2. K.S.A. 1999 Supp.
28-172a is hereby repealed.
35 Sec. 3. This act shall
take effect and be in force from and after its
36 publication in the statute book.