Amends TCA Title 40.
This bill provides that it is the duty of the clerk of every court having jurisdiction of state misdemeanors and felonies to include in every misdemeanor and felony cost bill, a charge of $12.50 that must be remitted to the county government, except in counties that are part of a multiple county judicial district, in which case this charge must be remitted to the office of the executive director of the district attorneys general conference for the purpose of providing supplemental funding for the office of the district attorney general within that judicial district. This bill clarifies that it is the legislative intent of this provision that these funds do not revert to the state general fund but must instead be carried forward for the purpose for which they were originally intended. This bill requires all costs collected by county governments pursuant to this bill to be used for providing support services for the purpose of promoting public safety at the sole discretion of the district attorney general for that county's respective judicial district. A county may supplement the funds of the district attorney general system to promote public safety. The costs collected by the county under this bill are supplemental and in addition to any funds otherwise received under law. However, this bill clarifies that, in every misdemeanor and felony prosecution in which restitution is ordered or the privilege tax for the criminal injuries compensation fund is also levied, the cost imposed by this bill does not have priority over collection of that restitution or privilege tax. Additionally, this bill does not apply to nonmoving traffic violations. APPLICABILITY This bill takes effect in any county immediately upon (i) approval by two-thirds vote of the county legislative body or (ii) if that county is imposing a fee to benefit the public defender's office, written request and notice by the district attorney general for that county's judicial district to the county executive or mayor and the circuit court clerk of such county.
This bill provides that it is the duty of the clerk of every court having jurisdiction of state misdemeanors and felonies to include in every misdemeanor and felony cost bill, a charge of $12.50 that must be remitted to the county government, except in counties that are part of a multiple county judicial district, in which case this charge must be remitted to the office of the executive director of the district attorneys general conference for the purpose of providing supplemental funding for the office of the district attorney general within that judicial district. This bill clarifies that it is the legislative intent of this provision that these funds do not revert to the state general fund but must instead be carried forward for the purpose for which they were originally intended. This bill requires all costs collected by county governments pursuant to this bill to be used for providing support services for the purpose of promoting public safety at the sole discretion of the district attorney general for that county's respective judicial district. A county may supplement the funds of the district attorney general system to promote public safety. The costs collected by the county under this bill are supplemental and in addition to any funds otherwise received under law. However, this bill clarifies that, in every misdemeanor and felony prosecution in which restitution is ordered or the privilege tax for the criminal injuries compensation fund is also levied, the cost imposed by this bill does not have priority over collection of that restitution or privilege tax. Additionally, this bill does not apply to nonmoving traffic violations. APPLICABILITY This bill takes effect in any county immediately upon (i) approval by two-thirds vote of the county legislative body or (ii) if that county is imposing a fee to benefit the public defender's office, written request and notice by the district attorney general for that county's judicial district to the county executive or mayor and the circuit court clerk of such county.
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