SECOND REGULAR SESSION

HOUSE BILL NO. 1991

94TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES GRISAMORE (Sponsor), PRATT AND SALVA (Co-sponsors).

                  Read 1st time February 5, 2008 and copies ordered printed.

D. ADAM CRUMBLISS, Chief Clerk

4896L.01I


 

AN ACT

To repeal section 478.466, RSMo, and to enact in lieu thereof one new section relating to the drug court commissioner in the sixteenth judicial circuit.




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


            Section A. Section 478.466, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 478.466, to read as follows:

            478.466. 1. In the sixteenth judicial circuit consisting of the county of Jackson, a majority of the court en banc may appoint one person, who shall possess the same qualifications as an associate circuit judge, to act as drug court commissioner. The commissioner shall be appointed for a term of four years. The compensation and the retirement benefits of the commissioner shall be the same as that of an associate circuit judge and[, subject to appropriation from the county legislature of the county wherein such circuit is wholly located, reimbursed from proceeds from the county antidrug sales tax adopted pursuant to section 67.547, RSMo. The county wherein such circuit is wholly located shall pay to and reimburse the state for the actual costs of the salary and benefits of the drug commissioner appointed pursuant to this section.] the retirement benefits of such commissioner shall be [the same as those of an associate circuit judge,] payable in the same manner and from the same source as those of an associate circuit judge. Subject to approval or rejection by a circuit judge, the commissioner shall have all the powers and duties of a circuit judge. A circuit judge shall by order of record reject or confirm any order, judgment and decree of the commissioner within the time the judge could set aside such order, judgment or decree had the same been made by him. If so confirmed, the order, judgment or decree shall have the same effect as if made by the judge on the date of its confirmation.

            2. The court administrator of the sixteenth judicial circuit shall charge and collect a surcharge of thirty dollars in all proceedings assigned to the drug commissioner for disposition, provided that the surcharge shall not be charged in any proceeding when costs are waived or are to be paid by the state, county or municipality. Moneys obtained from such surcharge shall be collected and disbursed in the manner provided by sections 488.010 to 488.020, RSMo, and payable to the drug commissioner for operation of the drug court.