MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Judiciary B; Appropriations

By: Representative Blackmon

House Bill 1121

AN ACT TO CREATE THE INDIGENT DEFENSE FUND TO FUND THE CRIMINAL DEFENSE OF NONDEATH PENALTY INDIGENT OFFENDERS; TO PROVIDE FOR THE ADMINISTRATION OF THE FUND; TO PROVIDE REQUIREMENTS FOR USE OF THE FUND; TO AMEND SECTION 99-19-73, MISSISSIPPI CODE OF 1972, TO PROVIDE AN ASSESSMENT FOR THE INDIGENT DEFENSE FUND; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  There is created in the State Treasury the Indigent Defense Fund to be administered by the Department of Finance and Administration.  Assessments specified in Section 99-19-73 shall be deposited into the fund along with any other available funds which may be available by appropriation from the Legislature, from grants or from any other public or private source.  Any funds in the fund shall not lapse at the end of a fiscal year but shall remain in the fund and any interest accruing to such fund shall remain in the fund.

     (2)  The Department of Finance and Administration shall distribute money in the fund to the twenty (20) counties with the lowest tax receipts in the state for the purpose of funding the defense of indigent criminal offenders in any criminal proceeding that does not involve a potential death penalty.

     (3)  In order to qualify for such funds, a participating county must demonstrate an effective plan to reduce caseloads of full-time defenders or the equivalent caseloads of part-time defenders.  Such reduction shall be judged based on a three-year history beginning July 1, 2004.

     (4)  In order to qualify for such funds, a participating county must use defenders who are licensed to practice law in this state, who have no less than three (3) years experience in the general practice of law and who have tried no less than five (5) jury cases, civil or criminal, as either lead or associate counsel.  Each defender shall complete at least twelve (12) hours of certified specialized criminal defense continuing legal education each year.

     (5)  The Department of Finance and Administration is authorized to promulgate rules and regulations necessary to carry out the provisions of this section.

     SECTION 2.  Section 99-19-73, Mississippi Code of 1972, is amended as follows:

     99-19-73.  (1)  Traffic Violations.  In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration:

     FUND                                                AMOUNT

State Court Education Fund......................... $  1.50

State Prosecutor Education Fund....................    1.00

Driver Training Penalty Assessment Fund............    7.00

Law Enforcement Officers Training Fund.............    5.00

     Spinal Cord and Head Injury Trust Fund

(for all moving violations)...................    4.00

Emergency Medical Services Operating Fund..........   10.00

Mississippi Leadership Council on Aging Fund.......    1.00

     Law Enforcement Officers and Fire Fighters Death

Benefits Trust Fund..............................    .50

     State Prosecutor Compensation Fund for the purpose

          of providing additional compensation for legal

assistants to district attorneys...................    1.00

Indigent Defense Fund..............................   1.00

TOTAL STATE ASSESSMENT........................ $ 32.00

     (2)  Implied Consent Law Violations.  In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.):

     FUND                                                AMOUNT

Crime Victims' Compensation Fund................... $ 10.00

State Court Education Fund.........................    1.50

State Prosecutor Education Fund....................    1.00

Driver Training Penalty Assessment Fund............   22.00

Law Enforcement Officers Training Fund.............   11.00

Emergency Medical Services Operating Fund..........   10.00

Mississippi Alcohol Safety Education Program Fund..    5.00

Federal-State Alcohol Program Fund.................   10.00

     Mississippi Crime Laboratory

Implied Consent Law Fund......................   25.00

Spinal Cord and Head Injury Trust Fund.............   25.00

Capital Defense Counsel Special Fund...............    1.00

State General Fund.................................    5.00

     Law Enforcement Officers and Fire Fighters Death

Benefits Trust Fund...........................     .50

     State Prosecutor Compensation Fund for the purpose

          of providing additional compensation for legal

assistants to district attorneys..............    1.00

Indigent Defense Fund..............................    1.00

TOTAL STATE ASSESSMENT............................. $159.00

     (3)  Game and Fish Law Violations.  In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:

     FUND                                                AMOUNT

State Court Education Fund......................... $  1.50

State Prosecutor Education Fund....................    1.00

Law Enforcement Officers Training Fund.............    5.00

Hunter Education and Training Program Fund.........    5.00

State General Fund.................................   30.00

     Law Enforcement Officers and Fire Fighters Death

Benefits Trust Fund...........................     .50

     State Prosecutor Compensation Fund for the purpose

          of providing additional compensation for legal

assistants to district attorneys..............    1.00

TOTAL STATE ASSESSMENT............................. $ 44.00

     (4)  Litter Law Violations.  In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of Section 97-15-29 or 97-15-30:

     FUND                                                AMOUNT

Statewide Litter Prevention Fund................... $ 25.00

     State Prosecutor Compensation Fund for the purpose

          of providing additional compensation for legal

assistants to district attorneys..............    1.00

TOTAL STATE ASSESSMENT............................. $ 26.00

     (5)  Other Misdemeanors.  In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration:

     FUND                                                AMOUNT

Crime Victims' Compensation Fund................... $ 10.00

State Court Education Fund.........................    1.50

State Prosecutor Education Fund....................    1.00

Law Enforcement Officers Training Fund.............    5.00

Capital Defense Counsel Special Fund...............    1.00

State General Fund.................................   30.00

State Crime Stoppers Fund..........................    1.50

     Law Enforcement Officers and Fire Fighters Death

Benefits Trust Fund...........................     .50

     State Prosecutor Compensation Fund for the purpose

          of providing additional compensation for legal

assistants to district attorneys..............    1.00

Indigent Defense Fund..............................    1.00

TOTAL STATE ASSESSMENT............................. $ 52.50

     (6)  Other Felonies.  In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section:

     FUND                                                AMOUNT

Crime Victims' Compensation Fund................... $ 10.00

State Court Education Fund.........................    1.50

State Prosecutor Education Fund....................    1.00

Law Enforcement Officers Training Fund.............    5.00

Capital Defense Counsel Special Fund...............    1.00

State General Fund.................................   60.00

Criminal Justice Fund..............................   50.00

     Law Enforcement Officers and Fire Fighters Death

Benefits Trust Fund...........................     .50

     State Prosecutor Compensation Fund for the purpose

          of providing additional compensation for legal

assistants to district attorneys..............    1.00

Indigent Defense Fund..............................    1.00

TOTAL STATE ASSESSMENT............................. $131.00

     (7)  If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section.  No state assessment imposed under the provisions of this section may be suspended or reduced by the court.

     (8)  After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section.  The state assessments imposed under the provisions of this section may not be paid by personal check.  It shall be the duty of the chancery clerk of each county to deposit all such state assessments collected in the circuit, county and justice courts in such county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor.  The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in such county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in such county during such month.  It shall be the duty of the municipal clerk of each municipality to deposit all such state assessments collected in the municipal court in such municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor.  The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in such municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in such municipality during such month.

     (9)  It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all such state assessments into the proper special fund in the State Treasury. The monthly deposit shall be based upon the number of violations reported under each subsection and the pro rata amount of such assessment due to the appropriate special fund.  The Department of Finance and Administration shall issue regulations providing for the proper allocation of these special funds.

     (10)  The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed.  The Auditor shall provide in such regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which such defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.

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     SECTION 3.  This act shall take effect and be in force from and after July 1, 2004.