§ 16-10. Court costs, surcharges and judgements.  


Latest version.
  • (a)

    Court costs/municipal judge. The city shall assess court costs in the amount of twelve dollars ($12.00) for all cases filed in the municipal court when costs are assessed to any defendant who enters a plea of guilty or who is found guilty of a municipal traffic or ordinance violation, or when a case has been dismissed or "nolle prossed" with costs assessed to the defendant. One hundred (100) percent of such surcharge shall be retained by the city and transferred at least monthly to the city's finance department and shall be retained in the general fund.

    (RSMo 479.260(6))

    (b)

    Court costs/associate judge. If a case is filed in the municipal division and heard by an associate circuit judge, the city shall assess fifteen dollars ($15.00) to any defendant who enters a plea of guilty or who is found guilty of a municipal traffic or ordinance violation, or when a case has been dismissed or "nolle prossed" with costs assessed to the defendant. The surcharge shall be transmitted at least monthly, with eighty (80) percent to the Missouri Department of Revenue and twenty (20) percent to the Adair County Treasurer.

    (RSMo 479.260 (2))

    (c)

    Law enforcement training fund surcharge. The city shall assess a surcharge two dollars ($2.00) in each case filed in the municipal court in which the defendant pleads guilty or is found guilty of a municipal traffic or ordinance violation, and provided no such surcharge shall be collected in any case in which the case has been dismissed or "nolle prossed". Such surcharge shall be collected by the clerk of the municipal court and shall be transmitted at least monthly to the finance department of the city and shall be retained in a separate fund for the training of peace officers or for the training of other law enforcement officers employed or appointed by the city.

    (RSMo 488.5336)

    (d)

    Crime victim compensation fund surcharge. Effective August 28, 2001, the city shall assess a surcharge of seven dollars and fifty cents ($7.50) in each case filed in the municipal court in which the defendant pleads guilty or is found guilty of a municipal traffic or ordinance violation, and shall be transmitted, at least monthly, with ninety-five (95) percent in a separate check, to the Missouri Department of Revenue for the crime victim compensation fund and five (5) percent retained by the city, transmitted to the finance department for the general fund. No such surcharge shall be assessed when the case is dismissed or "nolle prossed," or when the defendant is indigent.

    (RSMo 595.045)

    (e)

    Sheriff retirement fund. As provided by court order, effective August 28, 2013, the city shall assess three dollars ($3.00) surcharge in each case filed in the municipal court in which the defendant pleads guilty or is found guilty of a municipal traffic or ordinance violation. The clerk is responsible for collecting court costs and shall remit, at least monthly, one hundred (100) percent of the surcharge collected to the Missouri Sheriff's Retirement System. No such surcharge shall be assessed when the case is dismissed or "nolle prossed," or when the defendant is indigent.

    (RSMo 488.024)

    (f)

    Statewide court automation fund surcharge. In addition to any costs which may be assessed by the municipal court division, pursuant to statute, ordinance, or court rule, in every proceeding filed in the municipal division for violation of an ordinance, a surcharge of seven dollars ($7.00) shall be assessed. Such surcharge shall also be assessed in cases in which pleas of guilty are processed in the traffic violation's bureau. No such surcharge shall be assessed if the case is dismissed or "nolle prossed" or the defendant is indigent. Such surcharge shall be collected by the municipal court and transmitted monthly to the Missouri Director of Revenue to the credit of the Missouri Statewide Court Automation Fund.

    (RSMo. 488.012.3(5) and RSMo. 488.027.2)

    (g)

    Reserved.

    (h)

    Peace officer standards and training fund. The city shall assess a surcharge of one dollar ($1.00) in each case filed in the municipal court in which the defendant pleads guilty or is found guilty of a municipal traffic or ordinance violation, and provided no such fee shall be assessed in any case in which the case has been dismissed or "nolle prossed," and shall be assessed without regard to whether the law enforcement training (LET) surcharge is assessed. And one hundred (100) percent of this surcharge is to be transmitted at least monthly to the Missouri Department of Public Safety for the peace officer standards and training fund.

    (RSMo 488.5336)

(Ord. No. 11171, § 10, 1-23-95; Ord. No. 11278, § 1, 12-30-96; Ord. No. 11417, § 1, 11-1-99; Ord. No. 11537, § 1, 12-17-2001; Ord. No. 11538, § 1, 12-17-2001; Ord. No. 11539, § 1, 12-17-2001; Ord. No. 11540, § 1, 12-17-2001; Ord. No. 11541, § 1, 12-17-2001; Ord. No. 11583, § 1, 8-19-2002; Ord. No. 12130, § 2(Exh. B), 10-6-2014)

Editor's note

Ord. No. 11583, § 1, adopted Aug. 19, 2002 repealed § 16-10(d), (f). The former § 16-10(d), (f) pertained to motorcycle safety trust fund surcharge and spinal cord fund surcharge and derived from Ord. No. 11538, § 1, adopted Dec. 17, 2001; Ord. No. 11540, § 1, adopted Dec. 17, 2001.