CHAPTER 199 HOUSE BILL No. 2802 An  Act relating to courts; concerning the Kansas law enforcement training center fund;
increasing county and municipal court assessments; extending the collection of certain
district court docket fees; amending K.S.A. 12-4117 and K.S.A. 2001 Supp. 19-101e, 19-
4707 and 20-362 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 12-4117 is hereby amended to read as follows: 12-
4117. (a) On and after July 1, 1996, In each case filed in municipal court
charging a crime other than a nonmoving traffic violation, where there is
a finding of guilty or a plea of guilty, a plea of no contest, forfeiture of
bond or a diversion, a sum in an amount of $7 $9 shall be assessed and
such assessment shall be credited as follows:

      One dollar to the local law enforcement training reimbursement fund
established pursuant to K.S.A. 74-5620, and amendments thereto, $2 $4
to the law enforcement training center fund established pursuant to
K.S.A. 74-5619, and amendments thereto, $2 to the juvenile detention
facilities fund established pursuant to K.S.A. 79-4803, and amendments
thereto, to be expended for operational costs of facilities for the detention
of juveniles, $.50 to the protection from abuse fund established pursuant
to K.S.A. 74-7325, and amendments thereto, $.50 to the crime victims
assistance fund established pursuant to K.S.A. 74-7334, and amendments
thereto and $1 to the trauma fund established pursuant to K.S.A. 2001
Supp. 75-5670, and amendments thereto.

      (b) The judge or clerk of the municipal court shall remit the appro-
priate assessments received pursuant to this section to the state treasurer
in accordance with the provisions of K.S.A. 75-4215, and amendments
thereto. Upon receipt of each such remittance, the state treasurer shall
deposit the entire amount in the state treasury to the credit of the local
law enforcement training reimbursement fund, the law enforcement
training center fund, the juvenile detention facilities fund, the crime vic-
tims assistance fund and the trauma fund as provided in this section.

      (c) For the purpose of determining the amount to be assessed ac-
cording to this section, if more than one complaint is filed in the municipal
court against one individual arising out of the same incident, all such
complaints shall be considered as one case.

      Sec.  2. K.S.A. 2001 Supp. 19-101e is hereby amended to read as
follows: 19-101e. (a) Except as provided in subsections (b) and (d) and in
K.S.A. 19-4707 and amendments thereto, the items allowable as costs
shall be the same as in cases for misdemeanor violations of state law and
shall be taxed as provided in K.S.A. 22-3801, 22-3802 and 22-3803, and
amendments thereto.

      (b) The fees and mileage for the attendance of witnesses shall be
borne by the party calling the witness, except that if an accused person
is found not guilty, the county shall pay all such expenses, but the court
may direct that fees and mileage of witnesses subpoenaed by the accused
person be charged against such person, if the court finds that there has
been an abuse of the use of subpoenas by the accused person.

      (c) All fines and penalties collected in actions for the enforcement of
county codes and resolutions pursuant to the code for the enforcement
of county codes and resolutions as provided in subsection (b) of K.S.A.
19-101d and amendments thereto shall be paid over to the county trea-
surer of the county where they are imposed for deposit in the county
general fund or in the special law enforcement fund, if established. All
fines and penalties collected in actions brought pursuant to the provisions
of subsection (a) of K.S.A. 19-101d and amendments thereto shall be
remitted to the state treasurer, as provided in K.S.A. 20-2801 and amend-
ments thereto.

      (d) In each county which has created a county court for enforcement
of county codes and resolutions as provided in subsection (b) of K.S.A.
19-101d and amendments thereto, the court shall assess additional court
costs of $1 $20 for each violation of a resolution. The judge or clerk of
the county court shall remit at least monthly to the state treasurer all such
additional costs received $2 of the additional court costs. The state trea-
surer shall deposit the entire amount of the remittance in the state treas-
ury and credit 50% to the protection from abuse fund established pur-
suant to K.S.A. 74-7325 and amendments thereto and 50% to the crime
victims assistance fund established pursuant to K.S.A. 74-7334 and
amendments thereto. The remaining additional court costs shall be paid
over to the county treasurer of the county where they are imposed for
deposit in the county general fund.

      Sec.  3. K.S.A. 2001 Supp. 19-4707 is hereby amended to read as
follows: 19-4707. (a) Except as provided in subsection (b), no person shall
be assessed costs for enforcement and prosecution of violations of county
codes and resolutions pursuant to this code, except for witness fees and
mileage as set forth in K.S.A. 19-4726, and amendments thereto.

      (b) The court shall assess as a cost in each case filed for violations of
county codes and resolutions, a $1 $20 assessment. The judge or clerk of
the court shall remit all $2 of such assessments received to the state
treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such remittance, the state
treasurer shall deposit the entire amount of the remittance in the state
treasury and credit 50% to the protection from abuse fund established
pursuant to K.S.A. 74-7325, and amendments thereto, and 50% to the
crime victims assistance fund established pursuant to K.S.A. 74-7334, and
amendments thereto. The remaining additional court costs shall be paid
over to the county treasurer of the county where they are imposed for
deposit in the county general fund.

      Sec.  4. K.S.A. 2001 Supp. 20-362 is hereby amended to read as fol-
lows: 20-362. The clerk of the district court shall remit all revenues re-
ceived from docket fees as follows:

      (a) At least monthly 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. 2001 Supp. 61-4001, or K.S.A. 61-2704 or 61-2709,
and amendments thereto; and

      (3) a sum equal to $5 for each $19.50 docket fee paid pursuant to
K.S.A. 2001 Supp. 61-4001 or K.S.A. 61-2704, and amendments thereto,
during the preceding calendar month.

      (b) At least monthly 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) At least monthly 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, in accordance with the provisions of K.S.A.
75-4215, and amendments thereto, 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, in accordance with the provisions of K.S.A.
75-4215, and amendments thereto, for deposit in the state treasury and
credit to the law enforcement training center fund, during the period
commencing July 1, 1998, and ending June 30, 2002, a sum equal to $9,
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 pre-
ceding calendar month.

      (f) To the state treasurer, in accordance with the provisions of K.S.A.
75-4215, and amendments thereto, for deposit in the state treasury and
distribution 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
preceding calendar month after deduction of the amounts specified in
subsections (a), (b), (c), (d) and (e).

 Sec.  5. K.S.A. 12-4117 and K.S.A. 2001 Supp. 19-101e, 19-4707 and
20-362 are hereby repealed.

 Sec.  6. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 29, 2002.
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