MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Judiciary A; Revenue and Expenditure General Bills

By: Representative Watson

House Bill 897

AN ACT TO AMEND SECTION 99-19-72, MISSISSIPPI CODE OF 1972, TO REVISE THE FILING FEE FOR A PETITION TO EXPUNGE AN OFFENSE; TO PROVIDE THAT A CERTAIN AMOUNT OF THE FEE SHALL BE DEPOSITED INTO THE MISSISSIPPI CENTER FOR LEGAL SERVICES CORPORATION FUND; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 99-19-72, Mississippi Code of 1972, is amended as follows:

     99-19-72.  A filing fee of * * *One Hundred Fifty Dollars ($150.00) One Hundred Fifty-two Dollars ($152.00) is hereby levied on each petition to expunge an offense under Section 99-19-71 to be collected by the circuit clerk and distributed as follows:

          (a)  One Hundred Dollars ($100.00) to be deposited into the Judicial System Operation Fund;

          (b)  Forty Dollars ($40.00) to be deposited into the District Attorneys Operation Fund; * * *and

          (c)  Ten Dollars ($10.00) to be retained by the circuit clerk collecting the fee for administration purposes * * *.; and

          (d)  Two Dollars ($2.00) to be deposited into the Mississippi Center for Legal Services Corporation Fund.

     SECTION 2.  (1)  There is created in the State Treasury a special fund designated as the Mississippi Center for Legal Services Corporation Fund.  The funds shall be administered by the Mississippi Center for Legal Services Corporation to the various legal service centers throughout the state.  The fund shall consist of monies deposited therein as provided in Section 1 of this act and monies from any other source designated for deposit into the fund.  The Mississippi Center for Legal Services Corporation Fund may also accept monies from any public or private source for deposit into the fund.  Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned from the investment of monies in the fund shall be deposited to the credit of the fund.

     (2)  Monies in the fund shall be subject to appropriation by the Legislature and may only be used for the purpose of the operation of the judicial system in the state as determined necessary by the Supreme Court.  Monies in the fund used for the purposes described in this section shall be in addition to other funds available from any other source for such purposes.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2017.