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HB 452/FN/LM/CI (BR 327) - R. Wilkey, J. Callahan, K. Hall, A. Simpson
AN ACT relating to monetary penalties in criminal cases.
Amend KRS 23A.205, relating to court costs in criminal cases in the Circuit Court to set costs at $100 and amend KRS 24A.175, relating to court costs in criminal cases in the District Court to set costs at $100 whether the offense is prepayable or not; amend KRS 23A.205 and KRS 24A.175 to delete provisions requiring circuit clerks to make separate disbursements to sheriff, county jail expenses, and the Kentucky Local Correctional Facilities Construction Authority; create new sections of KRS Chapter 23A and 24A establishing new fee prices in criminal court cases; create a new section of KRS Chapter 42 that establishes the court cost distribution fund, administered by the Finance and Administration Cabinet, and outlining the dispersal of funds therefrom; amend KRS 23A.215 and 24A.180 to require clerks to pay the entire $100 of each court cost to the court cost distribution fund and to require clerks to make monthly reports to the Finance and Administration Cabinet and the Administrative Office of the Courts of these amounts; amend and repeal numerous other sections to eliminate separate add-on costs, specialized disposition of fines, and payments to be made through circuit clerks; amend KRS Chapter 534 to conform with collection and installment plan; repeal KRS 26A.150 and 431.102; EFFECTIVE August 1, 2002.
HB 452 - AMENDMENTS
HFA (1, M. Marzian) - Retain original provisions except delete section 20 relating to report requirements for the brain injury trust fund board and delete section 23 relating to report requirements for the spinal cord and head injury research board, and make technical corrections.
HFA (2, R. Wilkey) - Amend to make minimum installment payments no less than $25; reallocate the fund money; to provide that the DPA fund shall not lapse; provide that money to the Justice Cabinet shall also go to DNA collection, testing, and storage; provide money for alcoholism treatment and counseling; conforming changes.
HFA (3, R. Wilkey) - Amend to take out minimum installment payments and late fee; allow the court to establish a show-cause date when costs are not paid at the time of sentencing; reallocate the fund money; provide that the DPA fund shall not lapse; provide that money to the Justice Cabinet also go to DNA collection, testing, and storage; provide money for alcoholism treatment and counseling; conforming changes.
HFA (4, J. Barrows) - Amend Sections 1 and 4 to insert restitution payments in the order of priority.
HFA (5, J. Turner) - Restore original language of subsection (1) of KRS 24A.175.
HFA (6, J. Turner) - Change monetary penalties in district court to be three dollars more than current law and create a new section of KRS 29A to create a juror compensation improvement fund into which one-half of the new funds collected in district court would be paid.
SCS/FN/LM/CI - Retain original provisions of the bill and cap court costs and fees; provide that any excess moneys collected above the caps are to be paid into the general fund.
SFA (1, J. Pendleton) - Amend to delete the cap on the court cost paid into the traumatic brain injury trust fund.
Jan 23-introduced in House
Jan 24-to Appropriations and Revenue (H)
Jan 28-posting waived
Jan 30-reported favorably, 1st reading, to Calendar; floor amendment (1) filed
Jan 31-2nd reading, to Rules; floor amendment (2) filed
Feb 7-posted for passage in the Regular Orders of the Day for Friday, February 8, 2002
Feb 12-floor amendment (3) filed
Feb 14-floor amendment (4) filed
Feb 19-floor amendments (5) and (6) filed ; 3rd reading, passed 53-41 with floor amendments (1) (3) and (4)
Feb 20-received in Senate
Feb 22-to Appropriations and Revenue (S)
Mar 13-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 14-2nd reading, to Rules; floor amendment (1) filed to Committee Substitute
Mar 19-posted for passage in the Regular Orders of the Day for Thursday, March 21, 2002
Mar 21-passed over and retained in the Orders of the Day
Mar 22-floor amendment (1) withdrawn ; 3rd reading, passed 35-3 with Committee Substitute
Mar 25-received in House; posted for passage for concurrence in Senate Committee Substitute
Mar 27-House concurred in Senate Committee Substitute ; passed 56-35
Mar 28-enrolled, signed by each presiding officer; delivered to Governor
Apr 2-signed by Governor (Acts ch. 183)
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