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HomeMy WebLinkAbout1692 Amending City Code Section 130.260 Relating to Court Costs BILL NO. 2019-055 ORDINANCE NO. 1 to R AN ORDINANCE AMENDING CITY CODE SECTION 130.260 RELATING TO COURT COSTS BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1 —ADOPTION OF AMENDMENT. Section 130.260 of the City Code of the City of Riverside, Missouri, titled"Court Costs," is hereby amended to read as follows (additions are underlined; deletions contain a strikethreugh): Section 130.260 Court Costs. A. In addition to any fine that may be imposed by the Municipal Judge, there shall be assessed as costs in all cases the following: 1. Costs of Court in the amount of twelve dollars ($12.00). 2. Other costs, such as for the issuance of a warrant, a commitment or a summons, as provided before the Associate Circuit Judge in criminal prosecutions. 3. Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail. 4. Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the officer must travel (in both directions) in order to serve any warrant or commitment or order of this Court. 5. Pursuant to Section 479.261 488.607, RSMo., an additional two four dollars ($24.00) for the benefit of shelters for victims of domestic violence established pursuant to Sections 455.200 to 455.230, RSMo. 6.Additional court costs. In addition to any other costs or fees, an additional sum of three dollars ($3.00) shall be assessed as costs to be added to the basic costs in Subsection M of this Section in any municipal ordinance violation, provided that no such cost shall be collected when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be distributed as follows: a. Two dollars ($2.00) of each such Court cost shall be transmitted monthly to the Treasurer of the City and used to pay for Police Officer training as provided by Sections 590.100 to 590.180, RSMo. b. One dollar ($1.00) of each such Court cost shall be sent to the State Treasury to the credit of the Peace Officers Standards and Training Commission Fund created by Section 590.178, RSMo. 7. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (1) of this Section, provided that no such cost shall be collected 1 BILL NO. 2019-055 ORDINANCE NO. in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be paid at least monthly as follows: a. Ninety-five percent (95%) of such fees shall be paid to the Director of Revenue of the State of Missouri for deposit to the Crime Victims' Compensation Fund and the Services to Victims Fund as provided in Section 595.045, RSMo. b. Five percent (5%) shall be paid to the City Treasury. 8. Pursuant to Section 488.5026, RSMo., an additional two dollars ($2.00) for all criminal cases, with the funds to be deposited in an "Inmate Security Fund" for the purpose of maintaining a biometric verification system and shall be collected and disbursed in accordance with Sections 488.010 to 488.020, RSMo., and shall be payable to the City Treasurer, except that no such fee shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court or when costs are to be paid by the State, County or municipality. Funds deposited shall be utilized to develop biometric verification systems to ensure that inmates can be properly identified and tracked within the local jail system. Upon the installation of the biometric verification system, funds in the Inmate Security Fund may be used for the maintenance of the biometric verification system and to pay for any expenses related to custody and housing and other expenses for prisoners. 9. Reimbursement of certain costs of arrest. a. Upon a plea or a finding of guilty for a first (1st) offense of violating the provisions of an ordinance of the City of Riverside involving alcohol- or drug- related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest. b. Such costs hereby authorized shall include the reasonable cost of making the arrest, including the cost of any chemical test made as authorized or required by law or ordinance to determine the alcohol or drug content of the person's blood,and the costs of processing, charging, booking and holding such person in custody. c. The Chief of Police shall establish a schedule of such costs hereby authorized and shall submit the same to the Municipal Judge. However, the Court may order the costs reduced if it determines that the costs are excessive. d. Upon receipt of such additional costs authorized by this Subsection, the City Treasurer shall retain such costs in a separate fund to be known as the "DWI/Drug Offense Cost Reimbursement Fund". Monies within such fund shall be appropriated by the Board of Aldermen to the Police Department in amounts equal to those costs so collected and shall be used by such department specifically to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City. 10. Fines—where held. 2 BILL NO. 2019-055 ORDINANCE NO. a. All fines,bonds and Court funds may be deposited to a separate account and paid over not less frequently than monthly into the Municipal Treasury. b. The Court Clerk is hereby authorized to pay out funds as authorized by the Court or by law on warrants drawn on the City. 11. Sheriff Retirement Fund Surcharge. Effective August 28, 2013, the City shall assess a three dollar($3.00) Sheriff Retirement Fund Surcharge as an additional court cost. SECTION 2—EFFECTIVE DATE. This ordinance shall be effective January 1, 2020. BE IT REMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City IQ of Riverside this day of , 2019. Ma or Kathleen L. Rose ATTEST: Robin'Kincaid; City Cler'k: 3