28-172a. Docket fee in criminal proceedings; fees and charges in other actions involving violations of state laws; authorized only by legislative enactment.
28-172a
28-172a. Docket fee in criminal proceedings; feesand charges in other actions involving violations of state laws; authorizedonly by legislative enactment.(a) Except as otherwise provided in this section, whenever the prosecutingwitness or defendant is adjudged to pay the costs in a criminalproceeding in any county, a docket fee shall be taxed as follows:
(1) On and after July 1, 2009 through June 30,2013:
Murder or manslaughter................. $182.50
Other felony................. 173.00
Misdemeanor................. 138.00
Forfeited recognizance................. 74.50
Appeals from other courts................. 74.50
(2) On and after July 1, 2013:
Murder or manslaughter................. $180.50
Other felony................. 171.00
Misdemeanor................. 136.00
Forfeited recognizance................. 72.50
Appeals from other courts................. 72.50
(b) (1) Except as provided in paragraph (2), in actions involving theviolation of any of the laws of this state regulating traffic on highways(including those listed in subsection (c) of K.S.A. 8-2118, and amendmentsthereto), a cigarette or tobacco infraction, any act declared a crime pursuantto the statutes contained in chapter 32 of Kansas Statutes Annotated andamendments thereto or any act declared a crime pursuant to the statutescontained in article 8 of chapter 82a of the Kansas Statutes Annotated, andamendments thereto, whenever the prosecuting witness or defendant is adjudgedto pay the costs in the action, on and after July 1, 2009through June 30, 2013, a docket fee of $76 shallbecharged, and on and after July 1, 2013, a docket fee of $74shall becharged. When anaction is disposed of under subsections (a) and (b) of K.S.A. 8-2118 orsubsection (f) of K.S.A. 79-3393, and amendments thereto, whether by mail or inperson, on and after July 1, 2009 through June 30,2013, thedocket fee to be paid as court costs shall be$76, and on and after July 1, 2013, the docket fee to bepaidas court costsshall be $74.
(2) In actions involving the violation of a moving traffic violation underK.S.A. 8-2118, and amendments thereto, as defined by rules and regulationsadopted under K.S.A. 8-249, and amendments thereto, whenever the prosecutingwitness or defendant is adjudged to pay the costs in the action, on andafter July 1, 2009 through June 30, 2013,a docket feeof $76 shall be charged, and on and after July 1, 2013, adocket fee of $74 shall be charged. When an action isdisposed of undersubsection (a) and(b) of K.S.A. 8-2118, and amendments thereto, whether by mail or in person,on and after July 1, 2009 through June 30,2013, thedocket fee to be paid as court costs shall be $76, and on andafter July 1, 2013, the docket fee to be paid as court costsshall be$74.
(c) If a conviction is on more than one count, the docket fee shall bethe highest one applicable to any one of the counts. The prosecuting witnessor defendant, if assessed the costs, shall pay only one fee. Multipledefendants shall each pay one fee.
(d) Statutory charges for law library funds, the law enforcement trainingcenter fund, the prosecuting attorneys' training fund, the juvenile detentionfacilities fund, the judicial branch education fund, the emergency medicalservices operating fund and the judiciary technology fund shall be paid fromthe docket fee; the family violence and child abuse and neglect assistance andprevention fund fee shall be paid from criminal proceedings docket fees. Allother fees and expenses to be assessed as additional court costs shall beapproved by the court, unless specifically fixed by statute. Additionalfees shall include, but are not limited to, fees for Kansas bureau ofinvestigation forensic or laboratory analyses, fees for detention facilityprocessing pursuant to K.S.A. 12-16,119, and amendments thereto,fees for the sexual assault evidence collection kit, fees for conducting anexamination of a sexual assault victim, fees for service of processoutside the state, witness fees, fees for transcripts and depositions,costs from other courts, doctors' fees and examination and evaluationfees. No sheriff in this state shall charge any district court of this state afee or mileage for serving any paper or process.
(e) In each case charging a violation of the laws relating toparking of motor vehicles on the statehouse grounds or other state-ownedor operated property in Shawnee county, Kansas, as specified in K.S.A.75-4510a, and amendments thereto, or as specified in K.S.A.75-4508, and amendments thereto, the clerk shall tax a fee of $2 which shallconstitute the entire costs in the case, except that witness fees, mileage andexpenses incurred in serving a warrant shall be in addition to the fee.Appearance bond for a parking violation of K.S.A. 75-4508 or 75-4510a, andamendments thereto, shall be $3, unless a warrant is issued. The judge mayorder the bond forfeited upon the defendant's failure to appear, and $2 of anybond so forfeited shall be regarded as court costs.
(f) Except as provided further, the docket fee established in this sectionshallbethe only feecollected or moneys in the nature of a fee collected for the docket fee. Suchfee shall only beestablished by an act of the legislature and no other authority is establishedby law or otherwiseto collect a fee. On and after July 1, 2009 through June 30, 2010, the supremecourt may imposean additional charge, not to exceed $10 per docket fee, to fund the costs ofnon-judicialpersonnel.
History: L. 1974, ch. 168, § 9;L. 1975, ch. 218, § 2;L. 1976, ch. 163, § 28;L. 1977, ch. 145, § 2;L. 1982, ch. 167, § 2;L. 1982, ch. 116, § 7;L. 1984, ch. 148, § 2;L. 1984, ch. 39, § 45;L. 1985, ch. 106, § 2;L. 1986, ch. 146, § 3;L. 1987, ch. 134, § 5;L. 1989, ch. 239, § 6;L. 1990, ch. 134, § 1;L. 1992, ch. 315, § 8;L. 1993, ch. 291, § 217;L. 1994, ch. 335, § 5;L. 1996, ch. 214, § 37;L. 1998, ch. 155, § 4;L. 1999, ch. 127, § 11;L. 2000, ch. 177, § 5;L. 2003, ch. 101, § 9;L. 2004, ch. 95, § 2;L. 2006, ch. 195, § 14;L. 2006, ch. 218, § 2;L. 2007, ch. 195, § 17;L. 2008, ch. 95, § 8;L. 2009, ch. 116, § 15;L. 2009, ch. 143, § 14; July 1.