MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Local and Private Legislation

By: Representative Malone

House Bill 1619

AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF LEAKE COUNTY, MISSISSIPPI, TO IMPOSE ADDITIONAL COURT COSTS IN CERTAIN CASES FOR THE PURPOSE OF FUNDING A DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) PROGRAM; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  The Board of Supervisors of Leake County, Mississippi, by resolution duly adopted and entered on its minutes, may require the imposition of the following additional court costs, in the county's justice court:

          (a)  Upon each person convicted under the Controlled Substances Law, the amount of Fifty Dollars ($50.00);

          (b)  Upon each person convicted under the Mississippi Implied Consent Law, the amount of Twenty-five Dollars ($25.00);

          (c) Upon all moving traffic violations, except for violations of the seat belt law (Section 63-2-1), the amount of Ten Dollars ($10.00);

          (d)  Upon all alcohol offenses, except for violations of the Mississippi Implied Consent Law, the amount of Twenty-five Dollars ($25.00);and

          (e)  Upon all other misdemeanors, except for violations of the Mississippi Juvenile Tobacco Access Prevention Act of 1997, the amount of Five Dollars ($5.00).

     (2)  The resolution adopted by the board of supervisors shall include a statement of the board's intent to impose the additional court costs, the purpose thereof and the date on which the justice court will begin to impose the additional court costs.

     (3)  The avails of the additional assessments imposed pursuant to subsection (1) of this section shall be used exclusively to fund the Drug Abuse Resistance Education (D.A.R.E.) Program as specified in the resolution required to be adopted in subsection (2) of this section.

     (4)  Upon the adoption of the resolution stating the intent to impose the additional court costs, the board of supervisors shall provide for the creation of a special fund in which all court costs collected under subsection (1) of this section shall be deposited.  Monies in the special fund shall be used for the sole purpose of funding the D.A.R.E. program.

     (5)  The clerk of the justice court shall deposit and account for the additional court costs collected under subsection (1) of this section in the same manner as fines collected in the justice courts.

     SECTION 2.  This act shall take effect and be in force from and after its passage.