FIRST REGULAR SESSION

HOUSE BILL NO. 361

93RD GENERAL ASSEMBLY

 

 

INTRODUCED BY REPRESENTATIVES LIPKE (Sponsor), YATES, NIEVES, JOLLY, DUSENBERG,

 HUBBARD AND FLOOK (Co-sponsors).

         Read 1st time January 26, 2005 and copies ordered printed.

STEPHEN S. DAVIS, Chief Clerk

1072L.01I

 

AN ACT

To repeal section 488.5050, RSMo, and to enact in lieu thereof one new section relating to the surcharge for DNA profiling analysis.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Section 488.5050, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 488.5050, to read as follows:

            488.5050. 1. In addition to any other surcharges authorized by statute, the clerk of each court of this state shall collect the surcharges provided for in subsection 2 of this section.

            2. A surcharge of thirty dollars shall be assessed as costs in each circuit court proceeding filed within this state in all criminal cases in which the defendant pleads guilty or nolo contendere to or is convicted of a felony. A surcharge of fifteen dollars shall be assessed as costs in each court proceeding filed within this state in all criminal cases, except for traffic violations cases, in which the defendant pleads guilty or nolo contendere to or is convicted of a misdemeanor.

            3. Notwithstanding any other provisions of law, the moneys collected by clerks of the courts pursuant to the provisions of subsection 1 of this section shall be collected and disbursed in accordance with section 488.010 to 488.020, and shall be payable to the state treasurer.

            4. The state treasurer shall deposit such moneys or other gifts, grants, or moneys received on a monthly basis into the "DNA Profiling Analysis Fund", which is hereby created in the state treasury. The fund shall be administered by the department of public safety. The moneys deposited into the DNA profiling analysis fund shall be used only for DNA profiling analysis of convicted offender samples performed to fulfill the purposes of the DNA profiling system pursuant to section 650.052, RSMo.

            5. The provisions of subsections 1 and 2 of this section shall expire on August 28, 2006.