Session of 2000
By Committee on Judiciary

10             AN  ACT concerning docket fees; amending K.S.A. 1999 Supp. 28-172a
11             and repealing the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 28-172a is hereby amended to read as
15       follows: 28-172a. (a) Except as otherwise provided in this section, when-
16       ever the prosecuting witness or defendant is adjudged to pay the costs in
17       a criminal proceeding in any county, a docket fee shall be taxed as follows:
18             On and after July 1, 1998:
19       Murder or manslaughter $164.50
20       Other felony 134.50
21       Misdemeanor 102.50
22       Forfeited recognizance 62.50
23       Appeals from other courts 62.50
24             (b)  (1) Except as provided in paragraph (2), In actions involving the
25       violation of any of the laws of this state regulating traffic on highways
26       (including those listed in subsection (c) of K.S.A. 8-2118, and amend-
27       ments thereto), a cigarette or tobacco infraction, any act declared a crime
28       pursuant to the statutes contained in chapter 32 of Kansas Statutes An-
29       notated and amendments thereto or any act declared a crime pursuant
30       to the statutes contained in article 8 of chapter 82a of the Kansas Statutes
31       Annotated, and amendments thereto, whenever the prosecuting witness
32       or defendant is adjudged to pay the costs in the action, a docket fee of
33       $45 $46 shall be charged. When an action is disposed of under subsections
34       (a) and (b) of K.S.A. 8-2118 or subsection (f) of K.S.A. 79-3393, and
35       amendments thereto, whether by mail or in person, the docket fee to be
36       paid as court costs shall be $45 $46.
37             (2) In actions involving the violation of a moving traffic violation un-
38       der K.S.A. 8-2118, and amendments thereto, as defined by rules and
39       regulations adopted under K.S.A. 8-249, and amendments thereto, when-
40       ever the prosecuting witness or defendant is adjudged to pay the costs in
41       the action, a docket fee of $46 shall be charged. When an action is dis-
42       posed of under subsection (a) and (b) of K.S.A. 8-2118, and amendments
43       thereto, whether by mail or in person, the docket fee to be paid as court


  1       costs shall be $46.
  2             (c) If a conviction is on more than one count, the docket fee shall be
  3       the highest one applicable to any one of the counts. The prosecuting
  4       witness or defendant, if assessed the costs, shall pay only one fee. Multiple
  5       defendants shall each pay one fee.
  6             (d) Statutory charges for law library funds, the law enforcement train-
  7       ing center fund, the prosecuting attorneys' training fund, the juvenile
  8       detention facilities fund, the judicial branch education fund, the emer-
  9       gency medical services operating fund and the judiciary technology fund
10       shall be paid from the docket fee; the family violence and child abuse and
11       neglect assistance and prevention fund fee shall be paid from criminal
12       proceedings docket fees. All other fees and expenses to be assessed as
13       additional court costs shall be approved by the court, unless specifically
14       fixed by statute. Additional fees shall include, but are not limited to, fees
15       for Kansas bureau of investigation forensic or laboratory analyses, fees for
16       detention facility processing pursuant to K.S.A. 1999 Supp. 12-16,119,
17       and amendments thereto, fees for the sexual assault evidence collection
18       kit, fees for conducting an examination of a sexual assault victim, fees for
19       service of process outside the state, witness fees, fees for transcripts and
20       depositions, costs from other courts, doctors' fees and examination and
21       evaluation fees. No sheriff in this state shall charge any district court of
22       this state a fee or mileage for serving any paper or process.
23             (e) In each case charging a violation of the laws relating to parking
24       of motor vehicles on the statehouse grounds or other state-owned or
25       operated property in Shawnee county, Kansas, as specified in K.S.A. 75-
26       4510a, and amendments thereto, or as specified in K.S.A. 75-4508, and
27       amendments thereto, the clerk shall tax a fee of $2 which shall constitute
28       the entire costs in the case, except that witness fees, mileage and expenses
29       incurred in serving a warrant shall be in addition to the fee. Appearance
30       bond for a parking violation of K.S.A. 75-4508 or 75-4510a, and amend-
31       ments thereto, shall be $3, unless a warrant is issued. The judge may
32       order the bond forfeited upon the defendant's failure to appear, and $2
33       of any bond so forfeited shall be regarded as court costs. 
34       Sec.  2. K.S.A. 1999 Supp. 28-172a is hereby repealed.
35        Sec.  3. This act shall take effect and be in force from and after its
36       publication in the statute book.