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Legislation #: 140776 Introduction Date: 9/11/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS CIRCO, SHARP AND TAYLOR
Title: Amending Chapter 2, Code of Ordinances, by repealing Section 2-1464, entitled “Additional costs,” and enacting a new section of like number and subject matter that increases court costs to fund operating expenses for domestic violence shelters and establishes an additional surcharge to fund the restoration, maintenance and upkeep of the municipal courthouse of the Kansas City Municipal Division of the Sixteenth Judicial Circuit, as authorized by state law.

Legislation History
DateMinutesDescription
9/11/2014 Filed by the Clerk's office
9/11/2014 Referred to Public Safety & Emergency Services Committee
9/24/2014 Advance and Do Pass, Debate
9/24/2014 Advance and Do Pass, Debate
9/25/2014 Passed

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ORDINANCE NO. 140776

 

Amending Chapter 2, Code of Ordinances, by repealing Section 2-1464, entitled “Additional costs,” and enacting a new section of like number and subject matter that increases court costs to fund operating expenses for domestic violence shelters and establishes an additional surcharge to fund the restoration, maintenance and upkeep of the municipal courthouse of the Kansas City Municipal Division of the Sixteenth Judicial Circuit, as authorized by state law.

 

WHEREAS, a new Section 488.607, RSMo, was enacted by the Missouri General Assembly to authorize an increase from $2.00 to up to $4.00 per case in additional court costs to be used exclusively to fund operating expenses for domestic violence shelters, and became effective on August 28, 2014; and

 

WHEREAS, a new Section 488.2235, RSMo, was enacted by the Missouri General Assembly to authorize a new surcharge of up to $5.00 per case in additional court costs to be used exclusively to fund the restoration, maintenance and upkeep of the municipal courthouse of the Kansas City Municipal Division of the Sixteenth Judicial Circuit, and became effective on August 28, 2014; and

 

WHEREAS, the Kansas City Municipal Division of the Sixteenth Judicial Circuit desires to increase the surcharge to fund operating expenses for domestic violence shelters from $2.00 to $4.00 for moving and general ordinance violations and from $2.00 to $3.00 for non-moving violations; and

 

WHEREAS, the Kansas City Municipal Division of the Sixteenth Judicial Circuit desires to establish an additional surcharge of $5.00 for moving and general ordinance violations and $2.00 for non-moving violations to fund the restoration, maintenance and upkeep of the municipal courthouse; NOW, THEREFORE

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 2, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 2-1464, entitled “Additional costs,” and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 2-1464. - Additional costs.

 

(a) Costs for use in training of law enforcement officers. In addition to any cost which may be assessed by the municipal division pursuant to statute, ordinance or court rule, in every proceeding filed in the municipal division, for violation of an ordinance, a surcharge of $2.00 shall be assessed. Such surcharge shall also be assessed in cases in which pleas of guilty are processed in the traffic violations bureau or general violations bureau. No such surcharge shall be collected in any proceeding when the proceeding or defendant has been dismissed by the court, when costs are to be paid by the state, county or municipality, or in cases where the defendant is found by the court to be indigent and unable to pay the surcharge. Such surcharge shall be collected by the court administrator and transmitted monthly to the city treasurer. Funds collected under this subsection shall be used by the city only to pay for the training of peace officers and law enforcement officers as provided by 590.140, RSMo.

 

(b) Peace officer standards and training commission fund. Pursuant to 590.140, RSMo, an additional surcharge in the amount of $1.00 shall be assessed to be paid to the state treasury to the credit of the peace officer standards and training commission fund. No such surcharge shall be collected in any proceeding in which the proceeding or defendant has been dismissed by the court, when costs are to be paid by the state, county or municipality, or in cases where the defendant is found by the court to be indigent and unable to pay the surcharge. This surcharge shall be collected by the court administrator and transmitted monthly to the city treasurer.

 

(c) Costs for use in funding of shelters for battered persons. In addition to all other court costs for municipal ordinance violations, a surcharge of $4.00 for moving and general ordinance violations and $3.00 for nonmoving violations shall be assessed and used only for the purpose of providing operating expenses for shelters for battered persons as defined in sections 455.200 – 455.230 RSMo. No such surcharge shall be collected in any proceeding in which the proceeding or defendant has been dismissed by the court, the costs are to be paid by the state, county or municipality, or in cases where the defendant is found by the court to be indigent and unable to pay the surcharge. The surcharge shall be collected by the court administrator and transmitted at least monthly to the city treasurer.

 

(d) Costs for use in a court information and records management system. For each municipal ordinance violation case, except nonmoving traffic violations filed before a municipal judge or processed in a traffic violations bureau or a general violations bureau, wherein the defendant pleads guilty or is found guilty, the court shall assess a surcharge in the amount of $5.00 against the defendant, except in those cases where the defendant is found by the judge to be indigent and unable to pay costs. The surcharge shall be collected by the court administrator, transmitted monthly to the city treasury, and used only for the procurement, installation, maintenance, consulting services, and upkeep of a court information and records management system.

 

(e) Costs for use in developing a biometric identification system. In addition to any cost which may be assessed by the municipal division pursuant to statute, ordinance or court rule, in every proceeding filed in the municipal division, for violation of an ordinance, except nonmoving traffic violations filed before a municipal judge or processed in a traffic violations bureau or a general violations bureau, a surcharge of $2.00 shall be assessed as costs. Such surcharge shall also be assessed in cases in which pleas of guilty are processed in the traffic violations bureau or general violations bureau. No such surcharge shall be collected in any proceeding when the proceeding or defendant has been dismissed by the court or when costs are to be paid by the state, county or municipality. Such surcharge shall be collected by the court administrator and transmitted to the city treasurer. The city treasurer shall deposit all such funds generated pursuant to this subsection in an "inmate security fund", which is hereby created. Such funds collected under this subsection shall be used by the city only to pay for the development of biometric identification systems as provided by section 488.5026, RSMo.

 

(f) Costs for certain specialized courts. Pursuant to section 488.2230, RSMo, an additional surcharge in the amount of $7.00 for moving and general ordinance violations and $3.00 for non-moving violations shall be assessed to fund special mental health, drug, and veterans courts, including indigent defense and ancillary services associated with such specialized courts. No such surcharge shall be collected in any proceeding in which the proceeding or defendant has been dismissed by the court, when costs are to be paid by the state, county or municipality, or in cases where the defendant is found by the court to be indigent and unable to pay the surcharge. This surcharge shall be collected by the court administrator and transmitted at least monthly to the city treasurer.

 

(g) Costs for municipal courthouse renovation, maintenance and upkeep. Pursuant to section 488.2235, RSMo, an additional surcharge in the amount of $5.00 for moving and general ordinance violations and $2.00 for non-moving violations shall be assessed only to fund the restoration, maintenance and upkeep of the municipal courthouse of the Kansas City Municipal Division of the Sixteenth Judicial Circuit. No such surcharge shall be collected in any proceeding in which the proceeding or defendant has been dismissed by the court, when costs are to be paid by the state, county or municipality; or in cases where the defendant is found by the court to be indigent and unable to pay the surcharge. This surcharge shall be collected by the court administrator and transmitted at least monthly to the city treasurer.

 

__________________________________________

 

Approved as to form and legality:

 

 

____________________________

Sarah Baxter

Assistant City Attorney