MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Judiciary A; Appropriations
By: Representative Flaggs, Blackmon
AN ACT TO AMEND SECTION 99-40-1, MISSISSIPPI CODE OF 1972, TO CREATE THE STATE FUNDED POSITION OF INDIGENT JUVENILE APPEALS RESOURCE COUNSEL WITHIN THE MISSISSIPPI OFFICE OF INDIGENT APPEALS; TO AMEND SECTION 99-19-73, MISSISSIPPI CODE OF 1972, TO INCREASE THE STANDARD AMOUNT ASSESSED FOR CERTAIN VIOLATIONS BY THE STATE FOR THE INDIGENT APPEALS FUND TO FUND THE POSITION OF INDIGENT JUVENILE APPEALS RESOURCE COUNSEL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-40-1, Mississippi Code of 1972, is amended as follows:
99-40-1. (1) There is created the Mississippi Office of Indigent Appeals. This office shall consist of seven (7) attorneys, two (2) secretaries/paralegals and one (1) financial assistant. One (1) of the attorneys shall serve as director of the office. The director shall be appointed by the Governor and shall serve for a term of four (4) years. The remaining attorneys and other staff shall be appointed by the director and shall serve at the will and pleasure of the director. The director shall appoint one (1) staff attorney to serve as a full-time Indigent Juvenile Appeals Resource Counsel. The appointed attorney, described in this subsection, shall provide advice, education and support to attorneys representing juveniles named in delinquency petitions and shall develop performance guidelines for juvenile defense attorneys. The director and all other attorneys in the office shall either be active members of The Mississippi Bar, or, if a member in good standing of the bar of another jurisdiction, must apply to and secure admission to The Mississippi Bar within twelve (12) months of the commencement of the person's employment by the office. The attorneys in the office shall practice law exclusively for the office and shall not engage in any other practice. The office shall not engage in any litigation other than that related to the office. The salary for the director shall be equivalent to the salary of district attorneys and the salary of the other attorneys in the office shall be equivalent to the salary of assistant district attorney.
(2) The office shall provide representation on appeal for indigent persons convicted of felonies or adjudicated delinquent but not under sentences of death. Representation shall be provided by staff attorneys, or, in the case of conflict or excessive workload, by attorneys selected, employed and compensated by the office on a contract basis. All fees charged by contract counsel and expenses incurred by attorneys in the office and contract counsel must be approved by the court. The office shall provide advice, education and support to attorneys representing persons under felony charges in the trial courts.
(3) There is created in the State Treasury a special fund to be known as the Indigent Appeals Fund. The purpose of the fund shall be to provide funding for the Mississippi Office of Indigent Appeals. Monies from the funds derived from assessments under Section 99-19-73 shall be distributed by the State Treasurer upon warrants issued by the Mississippi Office of Indigent Appeals. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding the Office of Indigent Appeals;
(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 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
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.......... 15.00
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....................... 1.89
Indigent Appeals Fund.............................. 2.79
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
TOTAL STATE ASSESSMENT............................. $ 68.00
(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
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.......... 15.00
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....................... 1.89
Indigent Appeals Fund.............................. 2.79
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
TOTAL STATE ASSESSMENT............................. $192.00
(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
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....................... 1.89
Indigent Appeals Fund.............................. 2.79
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
TOTAL STATE ASSESSMENT............................. $ 72.50
(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) 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
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....................... 1.89
Indigent Appeals Fund.............................. 2.79
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
TOTAL STATE ASSESSMENT............................. $ 80.50
(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
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....................... 1.89
Indigent Appeals Fund.............................. 2.79
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
TOTAL STATE ASSESSMENT............................. $159.00
(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.
SECTION 3. This act shall take effect and be in force from and after July 1, 2006.