City of Billings, MO Article III Fines and Court Costs

Section 125.310 Installment Payment of Fine.

When a fine is assessed for violation of an ordinance, it shall be within the discretion of the Judge assessing the fine to provide for the payment of the fine on an installment basis under such terms and conditions as he/she may deem appropriate.

Section 125.320 Court Costs.

[Ord. No. 10-10(125.320) §1, 8-12-2010]

A. In addition to any fine that may be imposed by the Municipal Judge in any case filed in the Billings Municipal Division of the 38th Judicial Circuit Court, and in addition to all other fees authorized or required by law, there shall be assessed as costs the following:

1. Costs of Court include a Court Clerk fee in the amount of fifteen dollars ($15.00).

[Ord. No. 20-02, 1-16-2020[1]]

a. Judicial Education Fund.

[Ord. No. 14-10, 8-21-2014]

(1) A Judicial Education Fund be and hereby is created.

(2) The Judicial Education Fund shall be funded by the retention of one dollar ($1.00) from the Court costs paid for each municipal ordinance violation filed before the Municipal Judge pursuant to the provisions of Section 488.012, RSMo., such Judicial Education Fund to be maintained in a separate bank account under the control of the Municipal Court.

(3) The Judicial Education Fund shall be used only to pay for the following:

(a) The continuing education and certification required of the Municipal Judge by law or Supreme Court rule; and

(b) Judicial education and training for the Court Administrator and Clerks of the Municipal Court.

(4) The balance to be maintained in the Judicial Education Fund shall not exceed the sum of one thousand five hundred dollars ($1,500.00), and any funds in excess of said amount shall be transmitted quarterly to the General Revenue Fund of the municipal treasury.

[1] Editor's Note: Said increase from $12.00 to $15.00 shall be effective on April 1, 2020 and thereafter.

2. Police Officer training fee. A fee of three dollars ($3.00) is hereby established and assessed as additional Court costs in each Court proceeding, except that no such fee shall be collected when the proceedings against the defendant have been dismissed.

a. Two dollars ($2.00) of each such Court cost shall be transmitted monthly to the Treasurer of the City and used to pay for Police Officer training as provided by Sections 590.100 to 590.180, RSMo. The City shall not retain for training purposes more than one thousand five hundred dollars ($1,500.00) of such funds for each certified Law Enforcement Officer or candidate for certification employed by the City. Any excess funds shall be transmitted quarterly to the City's General Fund.

b. One dollar ($1.00) of each such Court cost shall be sent to the State Treasury to the credit of the Peace Officers Standards and Training Commission Fund created by Section 590.178, RSMo.

3. Crime Victims' Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (1) of this Section, provided that no such cost shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be paid at least monthly as follows:

a. Ninety-five percent (95%) of such fees shall be paid to the Director of Revenue of the State of Missouri for deposit as provided in Section 595.045.5, RSMo.

b. Five percent (5%) shall be paid to the City Treasury.

4. There may also be assessed a two dollar ($2.00) cost per case for each criminal case, including violations of any County or municipal ordinance, for the purpose of providing operating expenses for shelters for battered persons as set out in Section 488.607, RSMo.

5. Other costs, such as for the issuance of a warrant, a commitment or a summons, as provided before the Associate Circuit Judge in criminal prosecutions.

6. Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail or costs assessed against the City by any other detention facility.

7. Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the officer must travel (both directions) in order to serve any warrant or commitment or order of this Court.

8. Any other reasonable cost as may be otherwise provided by ordinance including, but not limited to, costs of confinement, including any necessary transportation related thereto, medical costs incurred by the City while a defendant is in City custody, and costs related to the arrest and testing of any person for any intoxication-related traffic offense as set out in Section 125.320(9) hereof.

9. Reimbursement of certain costs of arrest.

a. Upon a plea or a finding of guilty of violating the provisions of Sections 342.020 or 342.030 of this Code or any ordinance of the City of Billings involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest.

b. Such costs hereby authorized shall include the reasonable cost of making the arrest, including the cost of any chemical test made as authorized or required by law or ordinance to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody.

c. The Chief of Police may establish a schedule of such costs hereby authorized and shall submit the same to the Municipal Judge. However, the Court may order the costs reduced if it determines that the costs are excessive.

d. Upon receipt of such additional costs authorized by this Subsection, the City Treasurer shall retain such costs in a separate fund to be known as the "DWI/Drug Offense Cost Reimbursement Fund". Monies with such fund shall be appropriated by the Board of Aldermen to the Police Department in amounts equal to those costs so collected and shall be used by such department specifically to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.

10. Court Automation Fund. Seven dollars ($7.00) for the Statewide court automation fund pursuant to the provisions of Sections 488.012.3(5) and 488.027.2, RSMo.

11. (Reserved)[2]

[2] Editor's Note: Former Subsection (A)(11), regarding the collection of $2.00 for the inmate prisoner detainee security fund, was repealed 10-16-2020 by Ord. No. 20-09.

Section 125.330 Court Costs — Assess Against Prosecuting Witness.

[CC 1975 §6-280]

The costs of any action may be assessed against the prosecuting witness and judgment be rendered against him/her that he/she pay the same and stand committed until paid in any case where it appears to the satisfaction of the Municipal Judge that the prosecution was commenced without probable cause and from malicious motives.