MISSISSIPPI LEGISLATURE
2009 Regular Session
To: Judiciary, Division B
By: Senator(s) Tollison, Albritton, Blount, Browning, Burton, Butler, Carmichael, Clarke, Davis (36th), Dickerson, Fillingane, Hopson, Hudson, Jackson (11th), Jones, King, Lee (35th), Mettetal, Montgomery, Stone, Watson, Wilemon, Dearing
AN ACT TO AMEND SECTION 99-19-73, MISSISSIPPI CODE OF 1972, AS AMENDED BY HOUSE BILL NO. 883, 2009 REGULAR SESSION, TO PROVIDE A STATE ASSESSMENT TO FUND THE ATTORNEY GENERAL'S CYBER-CRIME UNIT; TO REVISE THE ASSESSMENTS IN SUPPORT OF PROSECUTOR EDUCATION AND TO ADD AN ASSESSMENT IN SUPPORT OF THE INFORMATION EXCHANGE NETWORK FUND; TO CREATE AN INTERNET BASED DATA AND INFORMATION SHARING NETWORK TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC SAFETY AND TO CREATE A SPECIAL FUND IN SUPPORT THEREOF; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-19-73, Mississippi Code of 1972, as amended by House Bill No. 883, 2009 Regular Session, 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.................. 2.00
Vulnerable Adults Training,
Investigation and Prosecution Trust Fund.... .50
Child Support Prosecution Trust Fund............. .50
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)................. 6.00
Emergency Medical Services Operating Fund........ 20.00
Mississippi Leadership Council on Aging Fund..... 1.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund......................... .50
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund.............. 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys............ 1.50
Crisis Intervention Mental Health Fund........... 10.00
Drug Court Fund.................................. 10.00
Capital Defense Counsel Fund..................... 2.89
Indigent Appeals Fund............................ 2.29
Capital Post-Conviction Counsel Fund............. 2.33
Victims of Domestic Violence Fund................ .49
Public Defenders Education Fund.................. 1.00
Domestic Violence Training Fund.................. 1.00
Attorney General's Cyber-Crime Unit.............. 1.00
TOTAL STATE ASSESSMENT........................... $ 77.50
(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.................. 2.00
Vulnerable Adults Training,
Investigation and Prosecution Trust Fund.... .50
Child Support Prosecution Trust Fund............. .50
Driver Training Penalty Assessment Fund.......... 22.00
Law Enforcement Officers Training Fund........... 11.00
Emergency Medical Services Operating Fund........ 45.00
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 Fund..................... 2.89
Indigent Appeals Fund............................ 2.29
Capital Post-Conviction Counsel Fund............. 2.33
Victims of Domestic Violence Fund................ .49
State General Fund............................... 35.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund......................... .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund......................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys............ 1.50
Crisis Intervention Mental Health Fund........... 10.00
Drug Court Fund.................................. 10.00
Statewide Victims' Information and Notification
System Fund................................. 6.00
Public Defenders Education Fund.................. 1.00
Domestic Violence Training Fund.................. 1.00
Attorney General's Cyber-Crime Unit.............. 1.00
TOTAL STATE ASSESSMENT........................... $232.50
(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.................. 2.00
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
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund......................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys............ 1.00
Crisis Intervention Mental Health Fund........... 10.00
Drug Court Fund.................................. 10.00
Capital Defense Counsel Fund..................... 2.89
Indigent Appeals Fund............................ 2.29
Capital Post-Conviction Counsel Fund............. 2.33
Victims of Domestic Violence Fund................ .49
Public Defenders Education Fund.................. 1.00
Domestic Violence Training Fund.................. 1.00
Attorney General's Cyber-Crime Unit.............. 1.00
TOTAL STATE ASSESSMENT........................... $ 77.00
(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
TOTAL STATE ASSESSMENT......................... $25.00
(5) Speeding, reckless and careless driving violations. In addition to any assessment imposed under subsection (1) or (2) of this section, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for driving a vehicle on a road or highway:
(a) At a speed that exceeds the posted speed limit by at least ten (10) miles per hour but not more than twenty (20) miles per hour.................................... $10.00
(b) At a speed that exceeds the posted speed limit by at least twenty (20) miles per hour but not more than thirty (30) miles per hour............................. $20.00
(c) At a speed that exceeds the posted speed limit by thirty (30) miles per hour or more.................. $30.00
(d) In violation of Section 63-3-1201, which is the offense of reckless driving............................ $10.00
(e) In violation of Section 63-3-1213, which is the offense of careless driving............................ $10.00
All assessments collected under this subsection shall be deposited into the Mississippi Trauma Care Systems Fund established under Section 41-59-75.
(6) 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.................. 2.00
Vulnerable Adults Training,
Investigation and Prosecution Trust Fund.... .50
Child Support Prosecution Trust Fund............. .50
Law Enforcement Officers Training Fund........... 5.00
Capital Defense Counsel Fund..................... 2.89
Indigent Appeals Fund............................ 2.29
Capital Post-Conviction Counsel Fund............. 2.33
Victims of Domestic Violence Fund................ .49
State General Fund............................... 30.00
State Crime Stoppers Fund........................ 1.50
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund......................... .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund......................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys............ 1.50
Crisis Intervention Mental Health Fund........... 10.00
Drug Court Fund.................................. 8.00
Judicial Performance Fund........................ 2.00
Statewide Victims' Information and Notification
System Fund................................. 6.00
Public Defenders Education Fund.................. 1.00
Domestic Violence Training Fund.................. 1.00
Attorney General's Cyber-Crime Unit.............. 1.00
Information Exchange Network Fund................ 4.00
TOTAL STATE ASSESSMENT........................... $ 95.00
(7) 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.................. 2.00
Vulnerable Adults Training,
Investigation and Prosecution Trust Fund.... .50
Child Support Prosecution Trust Fund............. .50
Law Enforcement Officers Training Fund........... 5.00
Capital Defense Counsel Fund..................... 2.89
Indigent Appeals Fund............................ 2.29
Capital Post-Conviction Counsel Fund............. 2.33
Victims of Domestic Violence Fund................ .49
State General Fund............................... 60.00
Criminal Justice Fund............................ 50.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund......................... .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund......................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys............ 1.50
Crisis Intervention Mental Health Fund........... 10.00
Drug Court Fund.................................. 10.00
Statewide Victims' Information and Notification
System Fund................................. 6.00
Public Defenders Education Fund.................. 1.00
Domestic Violence Training Fund.................. 1.00
Attorney General's Cyber-Crime Unit.............. 1.00
TOTAL STATE ASSESSMENT........................... $169.50
(8) 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.
(9) 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.
(10) 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.
(11) 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.
SECTION 2. (1) The Department of Public Safety shall implement an Internet-based data and information sharing network that will allow state and local law enforcement, court personnel, prosecutors and other agencies to exchange and view felony and misdemeanor information on current and former criminal offenders through a currently available, near real-time, updated hourly, nationwide jail database which represents fifty percent (50%) or more of all incarcerated persons in the country.
(2) There is created in the State Treasury a special fund to be known as the Information Exchange Network Fund. The purpose of the fund shall be to provide funding for the Web-based information sharing network required by subsection (1) of this section. Monies from the funds derived from assessments under Section 99-19-73 shall be distributed by the State Treasurer upon warrants issued by the Department of Public Safety. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(a) Monies appropriated by the Legislature;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government;
(e) Donations; and
(f) Monies received from such other sources as may be provided by law.
SECTION 3. This act shall take effect and be in force from and after July 1, 2009.