Senate Bill No. 289

Introduced By eck, barnhart, nelson, brooke, halligan



A Bill for an Act entitled: "An Act establishing an additional surcharge upon criminal convictions to finance local victim and witness advocate programs; amending section

46-18-236, MCA; and providing an effective date."



Be it enacted by the Legislature of the State of Montana:



Section 1.  Section 46-18-236, MCA, is amended to read:

"46-18-236.   Imposition of charge upon conviction or forfeiture -- administration. (1) Except as provided in subsection (2), there must be imposed by all courts of original jurisdiction on a defendant upon his conviction for any conduct made criminal by state statute or upon forfeiture of bond or bail a charge that is in addition to other taxable court costs, fees, or fines, as follows:

(a)  $15 for each misdemeanor charge; and

(b)  the greater of $20 or 10% of the fine levied for each felony charge; and

(c) an additional $10 for each misdemeanor and felony charge.

(2)  If a convicting court determines under 46-18-231 and 46-18-232 that the defendant is not able to pay the fine and costs or that he the defendant is unable to pay within a reasonable time, the court must shall waive payment of the charge imposed by this section.

(3)  The charge charges imposed by this section is are not a fine fines and must be imposed in addition to any fine and may not be used in determining the jurisdiction of any court.

(4)  When the payment of a fine is to be made in installments over a period of time, the charge charges imposed by this section must be collected from the first payment made and each subsequent payment as necessary if the first payment is not sufficient to cover the charge charges.

(5)  The charges collected under subsection (1), except those collected by a justice's court, must be deposited with the appropriate local government finance officer or treasurer. If a city municipal court or city or town court is the court of original jurisdiction, the charges collected under subsection (1) must be deposited with the city or town finance officer or treasurer. If a district court is the court of original jurisdiction, the charges collected under subsection (1) must be deposited with the county finance officer or treasurer. If the court of original jurisdiction is a court within a consolidated city-county government within the meaning of Title 7, chapter 3, the charges collected under subsection (1) must be deposited with the finance officer or treasurer of the consolidated government.

(6)  (a) A city or town finance officer or treasurer may retain the charges collected under subsection subsections (1)(a) and (1)(b) by a city municipal court or a city or town court and may use that money for the payment of salaries of the city or town attorney and his deputies.

(b)  Each county finance officer or treasurer may retain the charges collected under subsection subsections (1)(a) and (1)(b) by district courts for crimes committed or alleged to have been committed within that county. The county finance officer or treasurer shall use the money for the payment of salaries of its deputy county attorneys and for the payment of other salaries in the office of the county attorney, and any funds not needed for such those salaries may be used for the payment of any other county salaries.

(7) (a) Each county, city, or town finance officer or treasurer may retain the charges collected under subsection (1)(c) for payment of the expenses of a victim and witness advocate program that provides the services specified in 40-15-103 and Title 46, chapter 24, part 2, and that is operated or used by the county, city, or town.

(b) If the county, city, or town does not operate or use a victim and witness advocate program, all charges collected under subsection (1)(c) must be paid to the crime victims compensation and assistance account established in 53-9-109 STATE GENERAL FUND."



NEW SECTION. Section 2.  Effective date. [This act] is effective July 1, 1997.

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