Amends TCA Title 39 and Title 40.

ON APRIL 12, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2415, AS AMENDED. AMENDMENT #1 rewrites the bill. Generally under present law, officers are entitled to no other fees in criminal cases, except those expressly provided for by law, and in no case are they entitled to payment from the state or county, unless expressly allowed. Also, neither the state or a county pays or is liable in any criminal prosecution for any costs or fees, except in certain cases, such as felony cases, where prosecution has proceeded to a verdict in the circuit or criminal court. This amendment adds that, notwithstanding the above prohibition on the state or a county paying costs or fees, the department of correction, through the judicial cost accountant, may advance or reimburse witness expenses necessary to the prosecution of a criminal cases as requested by the district attorney general and approved by the court. The court may seek to recover the costs of the advance or reimbursement of witness expenses from a convicted defendant as provided under present law. Under this amendment, in the event advance witness fees are requested, an itemized request must be submitted to the judicial cost accountant at least 10 days prior to trial and conform to requirements set forth by the judicial cost accountant. This amendment requires that the request meet the following requirements: (1) The witness was material and necessary to the case and the witness lives more than five miles away from the place the witness was subpoenaed to attend or otherwise meets certain present law requirements under present law; (2) An itemized list of expenses must be provided consistent with state travel regulations; and (3) The request for fees must be certified by the district attorney general and approved by the court. This amendment requires the department of correction to maintain the payments described above as receivable against the final cost bill attributed to the cases in which witness fees were advanced or reimbursed. Dollars advanced or reimbursed under this section must be deducted from the final cost bill submitted in the case.