Brief (1)
SB 418 would amend current law regarding certain municipal court filings where a $7 assessment is imposed. The bill would require that a $7 assessment be made in all cases filed in municipal court except nonmoving traffic violations. Current law requires the $7 be assessed in each municipal court case charging a criminal offense, a public offense, or a moving traffic violation.
Background
A representative of the Kansas Judicial Council's Municipal Court Manual Advisory Committee supported the bill. He said that municipal judges have expressed uncertainty regarding which offenses were subject to the assessments set forth in KSA 12-4117. The terms "criminal or public offense" are not defined by law. Additionally, if "criminal or public offense" is defined to be a "crime," the term "or a moving violation" is redundant because traffic violations, whether moving or nonmoving, have been defined by case law to constitute crimes under KSA 21-3105. The bill is intended to cure the ambiguity of the current law.
The bill has no fiscal impact.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html