Missouri Statute | Act | Code |Courts| US Code - US Statute

Notwithstanding any other provision of law to the contrary,
whether enacted before, on or after August 28, 1996, no clerk of any
court shall collect any surcharge authorized by or pursuant to any
ordinance, order or resolution which provides that the effective date to
commence imposition of such surcharge is on or after January 1, 1997,
unless such ordinance, order or resolution is authorized by statute. (L.
1996 S.B. 869 § 514.005, A.L. 2002 H.B. 1659)

CROSS REFERENCE: Surcharge authorized for civil cases to be used to fund
domestic violence shelters, RSMo 488.445

As used in sections 488.010 to 488.020* and section 488.005**,
the following words and phrases shall mean:

(1) "Court costs", the total of fees, miscellaneous charges and
surcharges, imposed in a particular case;

(2) "Fees", the amount charged for services to be performed by the court;

(3) "Miscellaneous charges", the amounts allowed by law for services
provided by individuals or entities other than the court;

(4) "Surcharges", additional charges allowed by law which are allowed for
specific purposes designated by law. (L. 1996 S.B. 869 § 514.015 subsec.
1)

*Original rolls contain "section 514.015" which was changed to effectuate
the court cost bill.

**Original rolls contain "section 514.005" which was changed to
effectuate the court cost bill.

1. Beginning July 1, 1997, the clerk of each court of this state
responsible for collecting court costs shall collect the court costs
authorized by statute, in such amounts as are authorized by supreme court
rule adopted pursuant to sections 488.010 to 488.020*. Court costs due
and payable prior to July 1, 1997, shall not be affected by the adoption
of this rule.

2. The supreme court shall set the amount of court costs authorized by
statute, at levels to produce revenue which shall not substantially
exceed the total of the proportion of the costs associated with
administration of the judicial system defrayed by fees, miscellaneous
charges and surcharges.

3. Prior to adjustment by the supreme court, the following fees, costs
and charges shall be collected:

(1) Five dollars for the filing of a lien, pursuant to section 429.090,
RSMo;

(2) Ten dollars for maintaining child support enforcement records,
pursuant to section 452.345, RSMo;

(3) Ten dollars for a notice to a judgment creditor of a distributee,
pursuant to section 473.618, RSMo;

(4) Three dollars for receiving and keeping a will, pursuant to section
474.510, RSMo;

(5) Seven dollars for the statewide court automation fund, pursuant to
section 476.053**, RSMo;

(6) Twelve dollars for municipal court costs, fifteen dollars for
municipal ordinance violations filed before an associate circuit judge
and thirty dollars for applications for a trial de novo of a municipal
ordinance violation, pursuant to section 479.260, RSMo;

(7) Five dollars for small claims court cases where less than one hundred
dollars is in dispute, and ten dollars in all other small claims court
cases, pursuant to section 482.345, RSMo;

(8) Fifty dollars for appeals, pursuant to section 483.500, RSMo;

(9) Fifteen dollars in misdemeanor cases where there is no application
for trial de novo, pursuant to section 483.530, RSMo;

(10) Forty-five dollars for applications for a trial de novo for
misdemeanor cases, pursuant to section 483.530, RSMo;

(11) Fifteen dollars for each preliminary hearing in felony cases,
pursuant to section 483.530, RSMo;

(12) Thirty dollars for each information or indictment filed in felony
cases, pursuant to section 483.530, RSMo;

(13) Fifteen dollars for each associate circuit court case filed, and one
dollar for each additional summons issued in such cases, pursuant to
section 483.530, RSMo;

(14) Forty-five dollars for applications for trial de novo from small
claims court and associate circuit court and forty-five dollars for
filing of other cases, pursuant to section 483.530, RSMo;

(15) One dollar and fifty cents for a certificate of naturalization,
pursuant to section 483.535, RSMo;

(16) When letters are applied for in probate proceedings, pursuant to
section 483.580, RSMo, when the value of the estate is:

(a) Less than $10,000........................................ $75.00

(b) From $10,000 to $25,000.................................. 115.00

(c) From $25,000 to $50,000 ................................ 155.00

(d) From $50,000 to $100,000................................. 245.00

(e) From $100,000 to $500,000................................ 305.00

(f) More than $500,000...................................... 365.00;

(17) Thirty dollars for each additional twelve months a decedent's estate
remains open, pursuant to section 483.580, RSMo;

(18) In proceedings regarding guardianships and conservatorships,
pursuant to section 483.580, RSMo:

(a) Twenty-five dollars for each grant of letters for guardianship of a
minor;

(b) Fifty dollars for each grant of letters for guardianship of an
incapacitated person;

(c) Sixty dollars for each grant of letters for guardianship of the
person and conservatorship of the estate of a minor;

(d) Twenty-five dollars for each additional twelve months a
conservatorship of a minor's estate case remains open;

(e) Seventy-five dollars for each grant of letters in guardianship and
conservatorship of incapacitated persons and their estates;

(f) Thirty dollars for each additional twelve months an incapacitated
person's case remains open;

(19) Fifteen dollars for issuing orders refusing to grant letters to a
spouse or an unmarried minor child and thirty dollars for a certified
copy of such orders, pursuant to section 483.580, RSMo;

(20) In probate proceedings, pursuant to section 483.580, RSMo:

(a) Thirty-five dollars for the collection of small estates;

(b) Thirty-five dollars for involuntary hospitalization proceedings;

(c) Thirty dollars for proceedings to determine heirship;

(d) Fifteen dollars for assessment of estate taxes where no letters are
granted;

(e) Fifty dollars for proceedings for the sale of real estate by a
nonresident conservator;

(f) Forty dollars for proceedings to dispense with administration;

(g) Twenty dollars for proceedings to dispense with conservatorship;

(h) Twenty-five dollars for admitting a will to probate;

(i) One dollar per copied page and one dollar and fifty cents per
certificate;

(21) One dollar and fifty cents per page for testimony transcription,
pursuant to section 485.100**, RSMo;

(22) Fifteen dollars for court reporters, pursuant to section 485.120**,
RSMo;

(23) Three dollars for witness fees per day, and four dollars when the
witness must travel to another county, pursuant to section 491.280, RSMo.
(L. 1996 S.B. 869 § 514.015 subsecs. 2, 3, 4)

*Original rolls contain "section 514.015" which was changed to effectuate
the court cost bill.

**Transferred 2000; 476.053 now 488.027 485.100 now 488.2250 485.120 now
488.2253

No court of record in this state, municipal division of the
circuit court, or any entity collecting court costs on their behalf shall
be required to refund any overpayment of court costs in an amount not
exceeding five dollars or to collect any due court costs in an amount of
less than five dollars. Any such overpaid funds may be retained by the
county for the operation of the circuit court. (L. 2005 S.B. 420 & 344)

The court shall not increase the amount of miscellaneous charges
or surcharges allowed by law. The amounts of fees payable to the state of
Missouri may be annually adjusted as provided in section 488.012 to the
extent that projected total collections for all such fees shall not
exceed one hundred four percent of such fees assessed or assessable
during the previous year less the amount of such assessed fees
attributable to any increase in the judiciary's caseload, provided that
the amount of the adjusted fee attributable to each case may be rounded
to the nearest dollar. The supreme court rule may provide that in the
event that any payment of court costs is made in time or installment
payments or by credit card or similar method, the clerk may charge an
additional fee for such time or installment payments or in order to
reflect any transaction cost, surcharge or fee imposed on the recipient
of the credit card payment by the credit card company. Any change in the
amount of fees made by the court pursuant to this section shall take
effect on July first of any particular year, provided that the proposed
supreme court rule or amendment to a supreme court rule changing the
amount of fees shall be published on or before January first of the year
in which the rule or amendment is proposed to take effect. Any such rule
may be annulled or amended in whole or part in the manner provided by
section 5 of article V of the Constitution of the state of Missouri. Any
changes in the amount of fees made by the court pursuant to sections
488.010 to 488.020 shall be presented to the general assembly on or
before January first of the year in which the rule or amendment is
proposed to take effect. (L. 1996 S.B. 869 § 514.015 subsec. 5, A.L. 1997
S.B. 248, A.L. 1999 S.B. 1, et al.)

1. Beginning July 1, 2000, or an earlier date which may be
designated by order of the supreme court, upon written notice to all
circuit clerks of this state, the clerk of each court of this state shall
disburse court costs collected by, or under the authority of, the clerk,
in the manner provided by supreme court rule. Such rule may provide that
all or portions of such court costs be deposited into a special fund or
funds to be established by the state courts administrator. Such funds
shall not be considered to be state funds, except those funds disbursed
to the department of revenue pursuant to subdivisions (4) and (5) of
subsection 2 of this section; but shall be held in trust by the state
courts administrator for benefit of those persons or entities entitled to
receive such funds pursuant to subsection 2 of this section. All amounts
deposited into such fund or funds shall be maintained by the state courts
administrator, invested in the manner required of the state treasurer for
state funds by sections 30.240, 30.250, 30.260 and 30.270, RSMo, and
disbursed as provided by this section.

2. The state courts administrator shall disburse the amounts contained in
the special fund or funds within thirty days of receipt of such amounts
as follows:

(1) Refunds for overpayments or erroneous payments of court costs;

(2) Reimbursement in the amounts allowed by law to individuals or
entities other than the court for services provided by such individuals
or entities;

(3) Payment to persons or entities of additional charges allowed for
specific purposes, as provided by law;

(4) Eighty percent of the remainder of such amounts, less any interest
earned on such fund or funds, shall be paid to the director of the
department of revenue for deposit into the general revenue fund, and the
remaining twenty percent of such amounts, less interest, to each county
treasury, or in the case of the city of St. Louis, the city treasury, in
order to defray the costs incurred by the state, and each county and the
city of St. Louis, related to the administration of the judicial system.
The proportion of such total amount paid to each county and the city of
St. Louis pursuant to this section shall be paid in the proportions as
the court's deposits to the fund or funds bear to the total deposits to
the fund, on an annual basis;

(5) Any interest earned on such fund shall be payable to the director of
the department of revenue for deposit into a revolving fund to be
established pursuant to this subdivision. The state treasurer shall be
the custodian of the fund, and shall make disbursements, as allowed by
lawful appropriations, only as follows:

(a) Sixty percent of the interest earned on such fund or funds less any
costs incurred in the administration of such fund or funds maintained by
the state courts administrator shall be paid to each court of this state,
in the proportions as the court's deposits to the fund or funds bear to
the total deposits to the fund, on an annual basis;

(b) Forty percent of the interest earned on such fund or funds maintained
by the state courts administrator shall be paid to the supreme court.

All of such interest earned and appropriated to courts pursuant to this
subdivision shall be expended by the courts for goods and services
related to the administration of the judicial system.

3. The supreme court may establish and provide for by rule such
accounting guidelines, procedures, forms, controls and reviews relating
to the collection, deposit, payment and disbursement of all court costs
collected pursuant to sections 488.010 to 488.020*. The supreme court may
provide by rule for proper disbursement of moneys in event of a
discrepancy in moneys collected and subject to disbursement. (L. 1996
S.B. 896 § 514.015 subsecs. 6, 7, 8)

*Original rolls contain "section 514.015" which was changed to effectuate
the court cost bill.

Except as otherwise provided by law, all court costs are payable
prior to the time the service is rendered; provided that if the amount of
such court cost cannot be readily determined, then the clerk shall
collect a deposit based upon the likely amount of such court cost, and
the balance of such court cost shall be payable immediately upon
ascertainment of the proper amount of said court cost. An official may
refuse to perform any service in any action or proceeding, other than a
criminal proceeding or when costs are waived as provided by law, until
the court costs are paid. Failure to collect the court cost shall not
affect the validity of the court cost or service. The supreme court may
provide by rule for imposition of interest on any court costs not paid
within thirty days of when due. If any court cost is not paid when due,
the following actions may be taken:

(1) Upon notification by the court or clerk to the party from whom the
court cost is due or such party's attorney, and upon the failure to pay
the court cost after such notice, the court may dismiss the action or any
claim by the defaulting party which is part of the action, without
prejudice to the party;

(2) The court may refuse to enter any order or judgment in favor of the
defaulting party, or if within the time period allowed by law before the
order or judgment is final, may withdraw such order or judgment;

(3) Upon notification to the party from whom the court cost is due, and
upon failure to pay the fee after such notice, the court may inform the
office of administration of any delinquencies in excess of twenty-five
dollars. Upon receiving such notice, and without further notice by the
office of administration to the defaulting party, the office of
administration shall deduct the amount of unpaid court costs from any
payment by the state to the defaulting party under any provision of law.
The office of administration shall transmit the amount set off to the
court, and shall send the excess amount to the payee, with a notice that
the remainder of the refund was transmitted to the court in satisfaction
of all or part of the unpaid court costs. The office of administration
and its officials and employees shall not be liable to any person for any
action taken in accordance with the requirements of this subdivision. Any
proceeding contesting any action taken by a court or the office of
administration pursuant to this subdivision shall be brought in the court
which certified such unpaid fees to the office of administration, and
shall be deemed ancillary to the proceeding for which such unpaid fees
were assessed. No appearance, responsive pleading or discovery shall be
due from the office of administration in such proceeding except upon
order of the court;

(4) Upon notification to the party from whom the fee is due, a failure to
pay the fee after such notice, and a showing of the party's ability to
pay the fee, the court may hold the party in contempt. (L. 1996 S.B. 869
§ 514.015 subsec. 9, A.L. 1997 S.B. 248)

As provided by section 57.955, RSMo, there shall be assessed and
collected a surcharge of three dollars in all civil actions filed in the
courts of this state and in all criminal cases including violation of any
county ordinance or any violation of criminal or traffic laws of this
state, including infractions, but no such surcharge shall be assessed
when the costs are waived or are to be paid by the state, county or
municipality or when a criminal proceeding or the defendant has been
dismissed by the court. For purposes of this section, the term "county
ordinance" shall not include any ordinance of the City of St. Louis. The
clerk responsible for collecting court costs in civil and criminal cases
shall collect and disburse such amounts as provided by sections 488.010
to 488.020. Such funds shall be payable to the sheriffs' retirement fund.
(L. 2000 S.B. 1002 Revision)

As provided by section 56.807, RSMo, there shall be assessed and
collected a surcharge of four dollars in all criminal cases filed in the
courts of this state, including violations of any county ordinance or any
violation of criminal or traffic laws of this state, including
infractions, but no such surcharge shall be assessed when the costs are
waived or are to be paid by the state, county, or municipality or when a
criminal proceeding or the defendant has been dismissed by the court or
against any person who has pled guilty and paid their fine pursuant to
subsection 4 of section 476.385, RSMo. For purposes of this section, the
term "county ordinance" shall include any ordinance of the city of St.
Louis. The clerk responsible for collecting court costs in criminal cases
shall collect and disburse such amounts as provided by sections 488.010
to 488.020. Such funds shall be payable to the prosecuting attorneys and
circuit attorneys' retirement fund. (L. 2003 S.B. 5)

Effective 6-27-03

1. In addition to all other court costs provided by law, in all
civil cases filed in the circuit courts of this state and in all criminal
cases including violations of any municipal or county ordinance heard by
an associate circuit judge or any violation of criminal or traffic laws
of this state, including an infraction, a fee in an amount determined
pursuant to sections 488.015 to 488.020 shall be assessed as costs,
except that, no such fee shall be collected in any proceeding involving a
violation of an ordinance or state law when a criminal proceeding or
defendant has been dismissed by the court or when costs are waived or are
to be paid by the state, county or municipality.

2. The moneys collected by clerks of the courts pursuant to the
provisions of this section shall be collected and disbursed as provided
by sections 488.010 to 488.020. All such moneys shall be payable to the
director of revenue, who shall deposit all amounts collected pursuant to
this section to the credit of the statewide court automation fund which
is established in section 476.055, RSMo.

3. The assessment of court costs authorized by this section shall apply
to all cases filed on or after September 1, 1994. (L. 1994 S.B. 420, A.L.
1996 S.B. 869, A.L. 1997 S.B. 248, A.L. 2000 S.B. 1002 Revision)

Expires 9-1-09 (see RSMo 476.055, subsec. 9)

*Transferred 2000; formerly 476.053

There shall be assessed and collected a surcharge of one hundred
fifty dollars in all criminal cases for any violation of chapter 195,
RSMo, in which a crime laboratory makes analysis of a controlled
substance, but no such surcharge shall be assessed when the costs are
waived or are to be paid by the state or when a criminal proceeding or
the defendant has been dismissed by the court. The moneys collected by
clerks of the courts pursuant to the provisions of this section shall be
collected and disbursed as provided by sections 488.010* to 488.020. All
such moneys shall be payable to the director of revenue, who shall
deposit all amounts collected pursuant to this section to the credit of
the state forensic laboratory account to be administered by the
department of public safety pursuant to section 650.105, RSMo. (L. 2003
S.B. 39)

*"Section 448.010" appears in original rolls, an apparent typographical
error.

1. In addition to other fees authorized by law, the clerk of
each court shall collect the following fees on the filing of any civil or
criminal action or proceeding, including an appeal, except that no fee
shall be imposed pursuant to this section on any case that is filed
charging traffic violations except alcohol-related offenses:

Supreme court and court of appeals $20.00;

Circuit division $10.00;

Associate circuit courts $8.00; and

Small claims courts No additional fee

2. Court filing surcharges pursuant to this section shall be collected in
the same manner as other fees, fines, or costs in the case. The amounts
so collected shall be paid by the clerk to the office of the state courts
administrator and credited to the special fund designated as the basic
civil legal services fund. However, the additional fees prescribed by
this section shall not be collected when a criminal proceeding or
defendant has been dismissed by the court or when costs are waived or are
to be paid by the state, county, municipality, or other political
subdivision of this state. (L. 2003 S.B. 447, A.L. 2005 S.B. 420 & 344)

1. Witnesses shall, pursuant to section 491.280, RSMo, be
allowed fees for their services.

2. Each witness may be examined on oath by the court or by the clerk when
the court shall so order as to factors relevant to the proper amount of
payment pursuant to this section. (L. 2000 S.B. 1002 Revision, A.L. 2003
H.B. 613)

If the witness is summoned to attend and testify in this state,
pursuant to the provisions of section 491.420, RSMo, he or she shall,
pursuant to section 491.420, RSMo, be tendered by the treasurer of the
county in which the prosecution is pending the sum of ten cents a mile
for each mile by the ordinary traveled route to and from the court where
the prosecution is pending and fifteen dollars for each day that he or
she is required to travel and attend as a witness. (L. 2000 S.B. 1002
Revision)

1. Each grand and petit juror shall, pursuant to the provisions
of section 494.455, RSMo, receive six dollars per day for every day he or
she may actually serve as such and seven cents for every mile he or she
may necessarily travel going from his or her place of residence to the
courthouse and returning, to be paid from funds of the county or a city
not within a county.

2. Provided that a county or a city not within a county authorizes daily
compensation payable from county or city funds for jurors who serve in
that county pursuant to subsection 3 of this section in the amount of at
least six dollars per day in addition to the amount required by
subsection 1 of this section, a person shall receive an additional six
dollars per day, pursuant to the provisions of section 494.455, RSMo, to
be reimbursed by the state of Missouri so that the total compensation
payable shall be at least eighteen dollars, plus mileage as indicated in
subsection 1 of this section, for each day that the person actually
serves as a petit juror in a particular case; or for each day that a
person actually serves as a grand juror during a term of a grand jury.
The state shall reimburse the county for six dollars of the additional
juror compensation provided by this subsection.

3. The governing body of each county or a city not within a county may
authorize additional daily compensation and mileage allowance for jurors,
which additional compensation shall be paid from the funds of the county
or a city not within a county. The governing body of each county or a
city not within a county may authorize additional daily compensation and
mileage allowance for jurors attending a coroner's inquest. Jurors may
receive the additional compensation and mileage allowance authorized by
this subsection only if the governing body of the county or the city not
within a county authorizes the additional compensation. The provisions of
this subsection authorizing additional compensation shall terminate upon
the issuance of a mandate by the Missouri supreme court which results in
the state of Missouri being obligated or required to pay any such
additional compensation even if such additional compensation is formally
approved or authorized by the governing body of a county or a city not
within a county.

4. When each panel of jurors summoned and attending court has completed
its service, the board of jury commissioners shall cause to be submitted
to the governing body of the county or a city not within a county a
statement of fees earned by each juror. Within thirty days of the
submission of the statement of fees, the governing body shall cause
payment to be made to those jurors summoned the fees earned during their
service as jurors. (L. 2000 S.B. 1002 Revision)

At any time after the jury is impaneled, pursuant to the
provisions of section 494.480, RSMo, such defendant shall be liable to
the county for the costs associated with impaneling the jury. (L. 2000
S.B. 1002 Revision)

In the event the judge orders child support payments in Marion
County to be made through the clerk, the clerk shall annually, on or
before February first of each year, pursuant to section 483.083, RSMo,
charge ten dollars per year to each such person so obligated to make
child support payments, which fee shall be paid to the state. (L. 2000
S.B. 1002 Revision)

On and after July 1, 1999, there shall be assessed as a fee in
any case disposed of by the centralized bureau established pursuant to
section 476.385, RSMo, an amount determined pursuant to section 488.012;
provided that such fee shall not be assessed in proceedings when costs
are waived or are to be paid by the state, county or municipality.
One-half of the proceeds of this fee fund shall be payable to the
director of the department of revenue for deposit into a revolving fund
to be established pursuant to this section, and one-half the proceeds of
this fee shall be paid to the treasuries of the various counties in which
the associate circuit judges have elected to participate in the
centralized bureau established pursuant to section 476.385, RSMo, to be
distributed to each county in the proportions as the number of violations
originating within the county bears* to the total number of violations
processed by the centralized bureau, on an annual basis. The state
treasurer shall be the custodian of the revolving fund, and shall make
disbursements, as allowed by lawful appropriations, only to the judicial
branch of state government for goods and services related to the
administration and operation of the centralized bureau. (L. 1997 S.B. 248)

*Word "bear" appears in original rolls.

The clerk of the circuit court shall charge and collect fees for
the clerk's duties as prescribed by sections 429.090 and 429.120, RSMo,
in such amounts as are determined pursuant to sections 488.010 to
488.020*, RSMo. (L. 1996 S.B. 869 § A-1)

Effective 7-1-97

*Original rolls contain "section 514.015" which was changed to effectuate
the court cost bill.

1. The judges of the circuit court, en banc, in any circuit in
this state may require any party filing a civil case in the circuit
court, at the time of filing the suit, to deposit with the clerk of the
court a surcharge in addition to all other deposits required by law or
court rule. Sections 488.426 to 488.432 shall not apply to proceedings
when costs are waived or are to be paid by the county or state or any
city.

2. The surcharge in effect on August 28, 2001, shall remain in effect
until changed by the circuit court. The circuit court in any circuit,
except the circuit court in Jackson County, may change the fee to any
amount not to exceed fifteen dollars. The circuit court in Jackson County
may change the fee to any amount not to exceed twenty dollars. A change
in the fee shall become effective and remain in effect until further
changed.

3. Sections 488.426 to 488.432 shall not apply to proceedings when costs
are waived or are paid by the county or state or any city.

**4. In addition to any fee authorized by subsection 1 of this section,
any county of the first classification with more than ninety-three
thousand eight hundred but less than ninety-three thousand nine hundred
inhabitants may impose an additional fee of ten dollars excluding cases
concerning adoption and those in small claims court. The provisions of
this subsection shall expire on December 31, 2014. (L. 1941 p. 339 § 1,
A.L. 1945 p. 836 § 2, A.L. 1955 p. 314, A.L. 1977 H.B. 161, A.L. 1978
H.B. 1634, A.L. 1996 S.B. 869, A.L. 2000 S.B. 1002 Revision, A.L. 2001
S.B. 267, A.L. 2003 H.B. 613 merged with S.B. 474, A.L. 2004 H.B. 795, et
al., A.L. 2005 S.B. 24 merged with S.B. 210)

*Transferred 2000; formerly 514.440

**Subsection 4 expires 12-31-14

1. Moneys collected pursuant to section 488.426 shall be payable
to the judges of the circuit court, en banc, of the county from which
such surcharges were collected, or to such person as is designated by
local circuit court rule as treasurer of said fund, and said fund shall
be applied and expended under the direction and order of the judges of
the circuit court, en banc, of any such county for the maintenance and
upkeep of the law library maintained by the bar association in any such
county, or such other law library in any such county as may be designated
by the judges of the circuit court, en banc, of any such county;
provided, that the judges of the circuit court, en banc, of any such
county, and the officers of all courts of record of any such county,
shall be entitled at all reasonable times to use the library to the
support of which said funds are applied.

2. In addition, such fund may also be applied and expended for that
county's or circuit's family services and justice fund.

3. In any county, other than a county on the nonpartisan court plan, such
fund may also be applied and expended for courtroom renovation and
technology enhancement, or for debt service on county bonds for such
renovation or enhancement projects. (L. 1941 p. 339 § 2, A.L. 1945 p. 836
§ 3, A.L. 1978 H.B. 1634, A.L. 1996 S.B. 869, A.L. 2000 S.B. 1002
Revision, A.L. 2001 H.B. 945 merged with S.B. 267, A.L. 2003 H.B. 552
merged with H.B. 613 merged with S.B. 474, A.L. 2004 H.B. 798 merged with
S.B. 1211 and A.L. 2004 H.B. 795, et al., A.L. 2005 S.B. 24 merged with
S.B. 210)

*Transferred 2000; formerly 514.450

*This section was amended by H.B. 795, et al., H.B. 798, and S.B. 1211
during the second regular session of the 92nd General Assembly, 2004. The
language contained in H.B. 795, et al., was repealed by S.B. 24 merged
with S.B. 210 during the first regular session of the 93rd General
Assembly, 2005.

If in any suit in which a deposit is provided for under sections
488.426 to 488.432, the party filing the suit shall prevail, the amount
of said deposit required at the time of filing said suit shall be awarded
and collectable as a judgment entered in said suit in favor of the
prevailing party making said deposit. (L. 1941 p. 339 § 3, A.L. 1945 p.
836 § 4, A.L. 1996 S.B. 869, A.L. 2000 S.B. 1002 Revision)

*Transferred 2000; formerly 514.460

1. Sheriffs shall receive a charge, as provided in section
57.280, RSMo, for service of any summons, writ or other order of court,
in connection with any civil case, and making on the same either a return
indicating service, a non est return or a nulla bona return, the sum of
twenty dollars for each item to be served, as provided in section 57.280,
RSMo, except that a sheriff shall receive a charge for service of any
subpoena, and making a return on the same, the sum of ten dollars, as
provided in section 57.280, RSMo; however, no such charge shall be
collected in any proceeding when court costs are to be paid by the state,
county or municipality. In addition to such charge, the sheriff shall be
entitled, as provided in section 57.280, RSMo, to receive for each mile
actually traveled in serving any summons, writ, subpoena or other order
of court, the rate prescribed by the Internal Revenue Service for all
allowable expenses for motor vehicle use expressed as an amount per mile,
provided that such mileage shall not be charged for more than one
subpoena or summons or other writ served in the same cause on the same
trip. All of such charges shall be received by the sheriff who is
requested to perform the service. Except as otherwise provided by law,
all charges made pursuant to section 57.280, RSMo, shall be collected by
the court clerk as court costs and are payable prior to the time the
service is rendered; provided that if the amount of such charge cannot be
readily determined, then the sheriff shall receive a deposit based upon
the likely amount of such charge, and the balance of such charge shall be
payable immediately upon ascertainment of the proper amount of such
charge. A sheriff may refuse to perform any service in any action or
proceeding, other than when court costs are waived as provided by law,
until the charge provided by this section is paid. Failure to receive the
charge shall not affect the validity of the service.

2. The sheriff shall, as provided in section 57.280, RSMo, receive for
receiving and paying moneys on execution or other process, where lands or
goods have been levied and advertised and sold, five percent on five
hundred dollars and four percent on all sums above five hundred dollars,
and half of these sums, when the money is paid to the sheriff without a
levy, or where the lands or goods levied on shall not be sold and the
money is paid to the sheriff or person entitled thereto, his or her agent
or attorney. The party at whose application any writ, execution, subpoena
or other process has issued from the court shall pay the sheriff's costs,
as provided in section 57.280, RSMo, for the removal, transportation,
storage, safekeeping and support of any property to be seized pursuant to
legal process before such seizure. The sheriff shall be allowed for each
mile, as provided in section 57.280, RSMo, going and returning from the
courthouse of the county in which he or she resides to the place where
the court is held, the rate prescribed by the Internal Revenue Service
for all allowable expenses for motor vehicle use expressed as an amount
per mile. The provisions of this subsection shall not apply to
garnishment proceeds. (L. 2000 S.B. 1002 Revision)

1. The governing body of any county, or of any city not within a
county, by order or ordinance may impose a fee upon the issuance of a
marriage license and may impose a surcharge upon any civil case filed in
the circuit court. The surcharge shall not be charged when costs are
waived or are to be paid by the state, county or municipality.

2. The fee imposed upon the issuance of a marriage license shall be five
dollars, shall be paid by the person applying for the license and shall
be collected by the recorder of deeds at the time the license is issued.
The surcharge imposed upon the filing of a civil action shall be two
dollars, shall be paid by the party who filed the petition and shall be
collected and disbursed by the clerk of the court in the manner provided
by sections 488.010 to 488.020. Such amounts shall be payable to the
treasuries of the counties from which such surcharges were paid.

3. At the end of each month, the recorder of deeds shall file a verified
report with the county commission of the fees collected pursuant to the
provisions of subsection 2 of this section. The report may be
consolidated with the monthly report of other fees collected by such
officers. Upon the filing of the reports the recorder of deeds shall
forthwith pay over to the county treasurer all fees collected pursuant to
subsection 2 of this section. The county treasurer shall deposit all such
fees upon receipt in a special fund to be expended only to provide
financial assistance to shelters for victims of domestic violence as
provided in sections 455.200 to 455.230, RSMo. (L. 1982 H.B. 1069 § 3,
A.L. 1996 S.B. 869, A.L. 1999 S.B. 1, et al., A.L. 2000 H.B. 1677, et al.
merged with S.B. 1002 Revision, A.L. 2005 S.B. 420 & 344)

*Transferred 2000; formerly 455.205

1. The circuit and associate circuit judges of the circuit court
in any city not within a county shall require any party filing a civil
case in the circuit court, at the time of filing suit, to deposit with
the circuit clerk a surcharge in the amount of forty-five dollars, in
addition to all other court costs now or hereafter required by law or
court rule, and no summons shall be issued until such surcharge has been
paid. This section shall not apply to proceedings when costs are waived
or paid by the state, county or municipality.

2. Such funds shall be payable to the treasury of any city not within a
county to be credited to a courthouse restoration fund, which shall bear
interest, to be used by any city not within a county only for the
restoration, maintenance and upkeep of the courthouses; provided, that
the courthouse restoration fund may be pledged to directly or indirectly
secure bonds to fund such costs. All funds collected pursuant to this
section before August 28, 1995, shall be credited to the courthouse
restoration fund provided for in this section, to be used pursuant to the
provisions of this section.

3. This section shall expire on August 28, 2033. (L. 1993 S.B. 250 § 1,
A.L. 1995 H.B. 128, A.L. 1996 S.B. 869, A.L. 2000 S.B. 1002 Revision,
A.L. 2001 S.B. 267)

Expires 8-28-33

*Transferred 2000; formerly 478.401

If any railroad corporation formed or to be formed in this
state, and any corporation to be formed pursuant to chapter 389, RSMo, or
any railroad corporation running or operating any railroad in this state
fails, neglects or refuses to erect or maintain in good condition any
fence, openings or farm crossings or cattle guards as required by section
389.650, RSMo, then the owners or proprietors of such lands, fields or
enclosures may erect or repair such fences, openings, gates or farm
crossings or cattle guards, and shall thereupon have a right to sue and
recover from such corporation as provided in section 389.650, RSMo. In
such action, if the plaintiff recovers judgment, there shall be taxed,
pursuant to section 389.650, RSMo, as costs against the defendant an
attorney's fee, to be fixed by the court or associate circuit judge
before which or whom the cause may be pending, at such sum as may be a
reasonable compensation for all legal services rendered for plaintiff in
the case, without regard to any agreement between plaintiff and his or
her counsel as to fees; but such fee shall not be taxed so long as any
appeal taken in such case shall remain undisposed of. (L. 2000 S.B. 1002
Revision)

In case any telecommunications company shall do or cause to be
done or permit to be done any act, matter or thing prohibited, forbidden
or declared to be unlawful, or shall omit to do any act, matter or other
thing required to be done by chapter 392, RSMo, or by any order or
decision of the commission, such telecommunications company shall be
liable to the person or corporation affected thereby for all loss, damage
or injury caused thereby or resulting therefrom, and in case of recovery,
if the court shall find that such an act or omission was willful, it may,
in its discretion, pursuant to section 392.350, RSMo, fix a reasonable
counsel or attorney's fee, which fee shall be taxed and collected as a
part of the costs in the action. (L. 2000 S.B. 1002 Revision)

The cost of the proceeding to appropriate property as provided
in section 393.080, RSMo, shall be paid by the corporation, company or
individual seeking the appropriation for gas, electric, water and sewer
corporations, up to and including the filing and copying of the report of
the commissioners, and the court, as to any cost made by any subsequent
litigation, may make such order as in its discretion may be deemed just.
The court shall, pursuant to section 393.080, RSMo, allow the
commissioners a reasonable compensation for their services, which shall
be taxed as costs in the proceedings. (L. 2000 S.B. 1002 Revision)

1. If, at the hearing on the delivery of access to the utility
meter under section 393.557, RSMo, the court specifically finds, on the
basis of the record at such hearing, that the utility company willfully
and wrongfully instituted an action under sections 393.550 to 393.565,
RSMo, the utility customer in default may be entitled to any damages
which might be incurred by such utility customer in default as a direct
result of such actions by the utility company, together with reasonable
attorney fees.

2. Costs may be taxed in the discretion of the court pursuant to section
393.561, RSMo, and the court shall direct which party is obligated to pay
the sheriff's expenses referred to in section 393.559, RSMo. (L. 2000
S.B. 1002 Revision)

The circuit clerk shall charge an amount determined pursuant to
sections 488.010 to 488.020*, RSMo, as fees for maintaining records
required pursuant to section 452.340, RSMo, which fee shall be deducted
from the first maintenance or support payment made each calendar year,
except that no fee shall be charged for maintaining records for any IV-D
case. This fee shall be paid to the county or city general revenue fund.
(L. 1996 S.B. 869 § A-2)

Effective 7-1-97

*Original rolls contain "section 514.015" which was changed to effectuate
the court cost bill.

The governing body of any county or any city having a shelter
for victims of domestic violence established pursuant to sections 455.200
to 455.230, RSMo, or any municipality within a county which has such
shelter, or any county or municipality whose residents are victims of
domestic violence and are admitted to such shelters in another county,
may, by order or ordinance provide for an additional surcharge in the
amount of two dollars per case for each criminal case, including
violations of any county or municipal ordinance. No surcharge shall be
collected in any proceeding when the proceeding or defendant has been
dismissed by the court or when costs are to be paid by the state, county
or municipality. Such surcharges collected by municipal clerks in
municipalities electing or required to have violations of municipal
ordinances tried before a municipal judge pursuant to section 479.020,
RSMo, or to employ judicial personnel pursuant to section 479.060, RSMo,
shall be disbursed to the city at least monthly, and such surcharges
collected by circuit court clerks shall be collected and disbursed as
provided by sections 488.010 to 488.020. Such fees shall be payable to
the city or county wherein such fees originated. The county or city shall
use such moneys only for the purpose of providing operating expenses for
shelters for battered persons as defined in sections 455.200 to 455.230,
RSMo. (L. 1991 H.B. 566, A.L. 1992 H.B. 1471 merged with S.B. 457, A.L.
1996 S.B. 869, A.L. 1999 S.B. 1, et al., A.L. 2000 S.B. 1002 Revision §
479.261 subsec. 1, A.L. 2001 S.B. 267, A.L. 2005 S.B. 420 & 344)

*Transferred 2000; formerly 479.261 subsec. 1

Notwithstanding any other law to the contrary, no victim of the
crime of domestic assault, as defined in sections 565.072 to 565.074,
RSMo, no victim of the crime of stalking, as defined in section 565.225,
RSMo, and no victim, as defined in section 595.010, RSMo, shall be
required to pay the costs associated with the filing of criminal charges
against the offender, or the costs associated with the filing, issuance,
registration or service of a warrant, protection order, petition for
protection order or witness subpoena. (L. 1996 S.B. 777 § 1 merged with
S.B. 869 § C-9, A.L. 2002 H.B. 1814)

In a dispositional hearing for a juvenile pursuant to section
211.459, RSMo, the court may require any and all investigating division
personnel connected with the particular case to testify without privilege
and subject to the rules of cross-examination. Such witnesses shall
receive as compensation the witness fee and mileage provided in civil
cases. (L. 2000 S.B. 1002 Revision)

The circuit judges of the circuit courts of the City of St.
Louis and St. Louis County may appoint at least one "friend of the court"
in child support matters, pursuant to section 478.422, RSMo. As
compensation for his or her services the friend of the court shall,
pursuant to section 478.422, RSMo, be allowed a fee in each case of not
to exceed fifty dollars which shall be taxed as costs. (L. 2000 S.B. 1002
Revision)

In addition to any other court costs required to institute an
action in the circuit division of the circuit court, a surcharge of three
dollars shall be paid pursuant to section 452.552, RSMo, by the person
filing such action. The surcharge shall be collected and disbursed in a
manner provided by sections 488.012 to 488.020 by the court clerk at the
time the petition is filed and shall be payable to the director of
revenue for deposit in the domestic relations resolution fund established
in section 452.554, RSMo. (L. 2000 S.B. 1002 Revision)

In addition to all other court costs for domestic relations
cases, the circuit clerk shall collect an additional surcharge in the
amount of two dollars per case for each domestic relations petition filed
before a circuit judge or associate circuit judge. Such surcharges
collected by circuit court clerks shall be collected and disbursed as
provided by sections 488.010 to 488.020. Such fees shall be payable to
the state treasurer, to be deposited into the Missouri CASA fund. (L.
2001 H.B. 107)

A fee in an amount determined pursuant to sections 488.010 to
488.020*, RSMo, shall accompany each duly acknowledged request for notice
of any partial or final distribution or both filed pursuant to section
473.618, RSMo, with the clerk of the probate division of the circuit
court having jurisdiction. (L. 1996 S.B. 869 § A-3)

Effective 7-1-97

*Original rolls contain "section 514.015" which was changed to effectuate
the court cost bill.

A will may be deposited by the person making it, or by some
person for him, with the probate division of any circuit court, to be
safely kept until delivered or disposed of as hereinafter provided. The
clerk of the court, on being paid a fee in an amount determined pursuant
to sections 488.010 to 488.020*, RSMo, shall receive and keep, and give a
certificate of deposit for, a will deposited with the court pursuant to
section 474.510, RSMo. (L. 1996 S.B. 869 § A-4)

Effective 7-1-97

*Original rolls contain "section 514.015" which was changed to effectuate
the court cost bill.

1. In addition to all court fees and costs prescribed by law, a
surcharge of up to ten dollars shall be assessed as costs in each court
proceeding filed in any court within the thirtieth judicial circuit in
all criminal cases including violations of any county or municipal
ordinance or any violation of a criminal or traffic law of the state,
including an infraction, except that no such surcharge shall be collected
in any proceeding in any court when the proceeding or defendant has been
dismissed by the court or when costs are to be paid by the state, county
or municipality. For violations of the general criminal laws of the state
or county ordinances, no such surcharge shall be collected unless it is
authorized, by order, ordinance or resolution by the county government
where the violation occurred. For violations of municipal ordinances, no
such surcharge shall be collected unless it is authorized, by order,
ordinance or resolution by the municipal government where the violation
occurred. Such surcharges shall be collected and disbursed by the clerk
of each respective court responsible for collecting court costs in the
manner provided by sections 488.010 to 488.020, and shall be payable to
the treasurer of the county where the violation occurred.

2. Each county shall use all funds received pursuant to this section only
to pay for the costs associated with the construction, maintenance and
operation of the county judicial facility and the circuit juvenile
detention center including, but not limited to, utilities, maintenance
and building security. The county shall maintain records identifying such
operating costs, and any moneys not needed for the operating costs of the
county judicial facility shall be transmitted quarterly to the general
revenue fund of the county.

3. This section shall expire and be of no force and effect on and after
January 1, 2010. (L. 1996 S.B. 869 § C-10, A.L. 2004 H.B. 994)

Expires 1-1-10

1. In addition to all other court costs for municipal ordinance
violations, any city not within a county may provide for additional court
costs in an amount up to twenty dollars per each case for each municipal
ordinance violation case filed before a municipal division judge or
associate circuit judge.

2. The judge may waive the assessment of the cost in those cases where
the defendant is found by the judge to be indigent and unable to pay the
cost.

3. Such cost shall be collected by the clerk and disbursed to the city at
least monthly. (L. 2001 S.B. 267 § 2)

1. In addition to all other court costs for municipal ordinance
violations any city not within a county may provide for additional court
costs in an amount up to five dollars per case for each municipal
ordinance violation case filed before a municipal division judge or
associate circuit judge.

2. The judge may waive the assessment of the cost in those cases where
the defendant is found by the judge to be indigent and unable to pay the
costs.

3. Such cost shall be collected by the clerk and disbursed to the city at
least monthly. The city shall use such additional costs only for the
restoration, maintenance and upkeep of the municipal courthouses. The
costs collected may be pledged to directly or indirectly secure bonds for
the cost of restoration, maintenance and upkeep of the courthouses. (L.
2001 S.B. 267 § 3)

1. In addition to all other court costs for municipal ordinance
violations any home rule city with more than four hundred thousand
inhabitants and located in more than one county and any home rule city
with more than one hundred fifty-one thousand five hundred but fewer than
one hundred fifty-one thousand six hundred inhabitants may provide for
additional court costs in an amount up to five dollars per case for each
municipal ordinance violation case filed before a municipal division
judge or associate circuit judge.

2. The judge may waive the assessment of the cost in those cases where
the defendant is found by the judge to be indigent and unable to pay the
costs.

3. Such cost shall be calculated by the clerk and disbursed to the city
at least monthly. The city shall use such additional costs only for the
procurement, installation, maintenance, consulting services, and upkeep
of a court information and records management system. (L. 2003 H.B. 599,
A.L. 2005 H.B. 58)

For all transcripts of testimony given or proceedings had in
any circuit court, the court reporter shall receive the sum of one dollar
and fifty cents per twenty-five line page for the original of the
transcript, and the sum of thirty-five cents per twenty-five line page
for each carbon copy thereof; the page to be approximately eight and
one-half inches by eleven inches in size, with left-hand margin of
approximately one and one-half inches and the right-hand margin of
approximately one-half inch; answer to follow question on same line when
feasible; such page to be designated as a legal page. Any judge, in his
discretion, may order a transcript of all or any part of the evidence or
oral proceedings, and the court reporter's fees for making the same shall
be paid by the state upon a voucher approved by the court, and taxed
against the state. In criminal cases where an appeal is taken by the
defendant, and it appears to the satisfaction of the court that the
defendant is unable to pay the costs of the transcript for the purpose of
perfecting the appeal, the court shall order the court reporter to
furnish three transcripts in duplication of the notes of the evidence,
for the original of which he shall receive one dollar and fifty cents per
legal page and for the copies twenty cents per page. The payment of court
reporter's fees provided in this section shall be made by the state upon
a voucher approved by the court. (RSMo 1939 § 13344, A.L. 1951 p. 447,
A.L. 1955 p. 499, A.L. 1965 p. 652, A.L. 1971 H.B. 361, A.L. 1978 H.B.
1634, A.L. 1985 S.B. 5, et al., A.L. 1993 S.B. 88, A.L. 2000 S.B. 1002
Revision)

Prior revisions: 1929 § 11722; 1919 § 12671

*Transferred 2000; formerly 485.100

In every contested case, or case in which the evidence is to be
preserved, except for the collection of delinquent or back taxes, before
any circuit judge when an official court reporter is appointed, the clerk
of said court shall tax up the sum of fifteen dollars, to be collected as
other costs, and paid by said clerk to the director of revenue of the
state. (RSMo 1939 § 13346, A.L. 1951 p. 447, A.L. 1978 H.B. 1634, A.L.
1993 S.B. 88, A.L. 2000 S.B. 1002 Revision)

Prior revisions: 1929 § 11724; 1919 § 12673; 1909 § 11234

*Transferred 2000; formerly 485.120

1. In addition to all other court costs prescribed by law, a
surcharge of ten dollars shall be assessed as costs in each court
proceeding filed in any court in the state located within a county of the
first classification with a population of at least two hundred thousand
inhabitants which does not adjoin any other county of the first
classification, and in any county of the first classification having a
population of at least eighty-two thousand inhabitants, but less than
eighty-two thousand one hundred inhabitants, and in any county of the
first classification with more than one hundred ninety-eight thousand but
less than one hundred ninety-nine thousand two hundred inhabitants, in
all criminal cases including violations of any county ordinance or any
violation of criminal or traffic laws of the state, including
infractions, except that no such surcharge shall be collected in any
proceeding involving a violation of an ordinance or state law in any
court when the proceeding or defendant has been dismissed by the court or
when costs are to be paid by the state, county or municipality. For
violations of the general criminal laws of the state or county
ordinances, no such surcharge shall be collected unless it is authorized
by the county government where the violation occurred. For violations of
municipal ordinances, no such surcharge shall be collected unless it is
authorized by the municipal government where the violation occurred. Such
surcharges shall be collected and disbursed as provided by sections
488.010 to 488.020 and shall be payable to the treasurer of the county
where the violation occurred.

2. Each county shall use all funds received under this section only to
pay for the costs associated with the operation of the county judicial
facility including, but not limited to, utilities, maintenance and
building security. The county shall maintain records identifying such
operating costs, and any moneys not needed for the operating costs of the
county judicial facility shall be transmitted quarterly to the general
revenue fund of the county. (L. 1994 S.B. 700 § 2, A.L. 1996 S.B. 869,
A.L. 2000 S.B. 1002 Revision, A.L. 2004 S.B. 1211)

*Transferred 2000; formerly 483.591

1. A "Family Services and Justice Fund" is hereby established
in each county or circuit with a family court, for the purpose of aiding
with the operation of the family court divisions and services provided by
those divisions. In circuits or counties having a family court, the
circuit clerk shall charge and collect a surcharge of thirty dollars in
all proceedings falling within the jurisdiction of the family court. The
surcharge shall not be charged when no court costs are otherwise
required, shall not be charged against the petitioner for actions filed
pursuant to the provisions of chapter 455, RSMo, but may be charged to
the respondent in such actions, shall not be charged to a government
agency and shall not be charged in any proceeding when costs are waived
or are to be paid by the state, county or municipality.

2. In juvenile proceedings under chapter 211, RSMo, a judgment of up to
thirty dollars may be assessed against the child, parent or custodian of
the child, in addition to other amounts authorized by law, in informal
adjustments made under the provisions of sections 211.081 and 211.083,
RSMo, and in an order of disposition or treatment under the provisions of
section 211.181, RSMo. The judgment may be ordered paid to the clerk of
the circuit where the assessment is imposed.

3. All sums collected pursuant to this section and section 487.140, RSMo,
shall be payable to the various county family services and justice funds.

4. Any moneys in the family services and justice fund not expended for
salaries of commissioners, family court administrators and family court
staff shall be used toward funding the enhanced services provided as a
result of the establishment of a family court; however, it shall not
replace or reduce the current and ongoing responsibilities of the
counties to provide funding for the courts as required by law. Moneys
collected for the family services and justice fund shall be expended for
the benefit of litigants and recipients of services in the family court,
with priority given to services such as mediation, counseling, home
studies, psychological evaluation and other forms of alternative
dispute-resolution services. Expenditures shall be made at the discretion
of the presiding judge or family court administrative judge, as
designated by the circuit and associate circuit judges en banc, for the
implementation of the family court system as set forth in this section.
No moneys from the family services and justice fund may be used to pay
for mediation in any cause of action in which domestic violence is
alleged.

5. From the funds collected pursuant to this section and retained in the
family services and justice fund, each circuit or county in which a
family court commissioner in addition to those commissioners existing as
juvenile court commissioners on August 28, 1993, have been appointed
pursuant to sections 487.020 to 487.040, RSMo, shall pay to and reimburse
the state for the actual costs of that portion of the salaries of family
court commissioners appointed pursuant to the provisions of sections
487.020 to 487.040, RSMo.

6. No moneys deposited in the family services and justice fund may be
expended for capital improvements. (L. 1993 H.B. 346 § 13, A.L. 1994 S.B.
595, A.L. 1995 S.B. 347, A.L. 1996 S.B. 869, A.L. 2000 S.B. 1002
Revision, A.L. 2003 H.B. 613)

*Transferred 2000; formerly 487.170

CROSS REFERENCE: Surcharge in certain counties may be paid into family
service and justice fund (Greene County), RSMo 488.429

1. A fee of ten dollars shall be assessed in all cases in which
the defendant pleads guilty or is found guilty of a nonfelony violation
of any provision of chapters 252, 301, 302, 304, 306, 307 and 390, RSMo,
and any infraction otherwise provided by law, a fee of twenty-five
dollars shall be assessed in all misdemeanor cases otherwise provided by
law in which the defendant pleads guilty or is found guilty, and a fee of
seventy-five dollars shall be assessed in all felony cases in which the
defendant pleads guilty or is found guilty, in criminal cases including
violations of any county ordinance or any violation of a criminal or
traffic law of the state, except that no such fees shall be collected in
any proceeding in any court when the proceeding or the defendant has been
dismissed by the court or when costs are to be paid by the state, county
or municipality. All fees collected under the provisions of this section
shall be collected and disbursed in the manner provided by sections
488.010 to 488.020 and payable to the county treasurer who shall deposit
those funds in the county treasury.

2. Counties shall be entitled to a judgment in the amount of twenty-five
percent of all sums collected, pursuant to this section, on recognizances
given to the state in criminal cases, which are or may become forfeited,
if not more than five hundred dollars, and fifteen percent of all sums
over five hundred dollars, to be paid out of the amount collected. (L.
2000 S.B. 1002 Revision, A.L. 2003 H.B. 613 merged with S.B. 466, A.L.
2004 H.B. 1188)

A surcharge of one dollar, as provided for in section 56.765,
RSMo, shall be assessed as costs in each court proceeding filed in any
court in the state in all criminal cases including violations of any
county ordinance or any violation of a criminal or traffic law of the
state, including an infraction; except that no such surcharge shall be
collected in any proceeding in any court when the proceeding or the
defendant has been dismissed by the court or when costs are to be paid by
the state, county or municipality. (L. 2000 S.B. 1002 Revision)

1. In addition to any other assessment authorized by law, a
court may assess a fee of twenty-five dollars on each person who pays a
court-ordered judgment, penalty, fine, sanction, or court costs on a
time- payment basis, including restitution and juvenile monetary
assessments. A time-payment basis shall be any judgment, penalty, fine,
sanction, or court cost not paid, in full, within thirty days of the date
the court imposed the judgment, penalty fine, sanction, or court cost.
Imposition of the time-payment fee shall be in addition to any other
enforcement provisions authorized by law.

2. Ten dollars of the time-payment fee collected pursuant to this section
shall be payable to the clerk of the court of the county from which such
fee was collected, or to such person as is designated by local circuit
court rule as treasurer of said fund, and said fund shall be applied and
expended under the direction and order of the court en banc of any such
county to be utilized by the court to improve, maintain, and enhance the
ability to collect and manage moneys assessed or received by the courts,
to improve case processing, enhance court security, preservation of the
record, or to improve the administration of justice. Eight dollars of the
time-payment fee shall be deposited in the statewide court automation
fund pursuant to section 476.055, RSMo. Seven dollars of the time-payment
fee shall be paid to the director of revenue, to be deposited to the
general revenue fund. (L. 2003 H.B. 600)

Effective 7-1-03

1. Upon approval of the governing body of a city, county, or a
city not within a county, a surcharge of two dollars shall be assessed as
costs in each court proceeding filed in any court in any city, county, or
city not within a county adopting such a surcharge, in all criminal cases
including violations of any county ordinance or any violation of criminal
or traffic laws of the state, including an infraction and violation of a
municipal ordinance; except that no such fee shall be collected in any
proceeding in any court when the proceeding or the defendant has been
dismissed by the court or when costs are to be paid by the state, county,
or municipality. A surcharge of two dollars shall be assessed as costs in
a juvenile court proceeding in which a child is found by the court to
come within the applicable provisions of subdivision (3) of subsection 1
of section 211.031, RSMo.

2. Notwithstanding any other provision 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 sections
488.010 to 488.020, and shall be payable to the treasurer of the
governmental unit authorizing such surcharge.

3. The treasurer shall deposit funds generated by the surcharge into the
"Inmate Security Fund". Funds deposited shall be utilized to develop
biometric verification systems to ensure that inmates can be properly
identified and tracked within the local jail system. Upon the
installation of the biometric verification system, funds in the inmate
security fund may be used for the maintenance of the biometric
verification system, and to pay for any expenses related to custody and
housing and other expenses for prisoners. (L. 2003 S.B. 5, A.L. 2004 H.B.
1179)

1. If a person fails to pay court costs, fines, fees, or other
sums ordered by a court, to be paid to the state or political
subdivision, a court may report any such delinquencies in excess of
twenty- five dollars to the office of state courts administrator and
request that the state courts administrator seek a setoff of an income
tax refund. The state courts administrator shall set guidelines necessary
to effectuate the purpose of the offset program.

2. The office of state courts administrator shall provide the department
of revenue with the information necessary to identify each debtor whose
refund is sought to be setoff and the amount of the debt or debts owed by
each such debtor who is entitled to a tax refund in excess of twenty-five
dollars.

3. The department of revenue shall notify the office of state courts
administrator that a refund has been setoff on behalf of a court and
shall certify the amount of such setoff, which shall not exceed the
amount of the claimed debt certified. When the refund owed exceeds the
claimed debt, the department of revenue shall send the excess amount to
the debtor within a reasonable time after such excess is determined.

4. The office of state courts administrator shall notify the debtor by
mail that a setoff has been sought. The notice shall contain the
following:

(1) The name of the debtor;

(2) The manner in which the debt arose;

(3) The amount of the claimed debt and the department's intention to
setoff the refund against the debt;

(4) The amount, if any, of the refund due after setoff of the refund
against the debt; and

(5) The right of the debtor to apply in writing to the court originally
requesting setoff for review of the setoff because the debt was
previously satisfied.

Any debtor applying to the court for review of the setoff shall file a
written application within thirty days of the date of mailing of the
notice and send a copy of the application to the office of state courts
administrator. The application for review of the setoff shall contain the
name of the debtor, the case name and number from which the debt arose,
and the grounds for review. The court may upon application, or on its own
motion, hold a hearing on the application. The hearing shall be ancillary
to the original action with the only matters for determination whether
the refund setoff was appropriate because the debt was unsatisfied at the
time the court reported the delinquency to the office of state courts
administrator and that the debt remains unsatisfied. In the case of a
joint or combined return, the notice sent by the department shall contain
the name of the nonobligated taxpayer named in the return, if any,
against whom no debt is claimed. The notice shall state that as to the
nonobligated taxpayer that no debt is owed and that the taxpayer is
entitled to a refund regardless of the debt owed by such other person or
persons named on the joint or combined return. The nonobligated taxpayer
may seek a refund as provided in section 143.784, RSMo.

5. Upon receipt of funds transferred from the department of revenue to
the office of state courts administrator pursuant to a refund setoff, the
state courts administrator shall deposit such funds in the state treasury
to be held in an escrow account, which is hereby established. Interest
earned on those funds shall be credited to the escrow account and used to
offset administrative expenses. If a debtor files with a court an
application for review, the state courts administrator shall hold such
sums in question until directed by such court to release the funds. If no
application for review is filed, the state courts administrator shall,
within forty-five days of receipt of funds from the department, send to
the clerk of the court in which the debt arose such sums as are collected
by the department of revenue for credit to the debtor's account. (L. 2003
H.B. 600)

Effective 7-1-03

To collect on past-due court-ordered penalties, fines,
restitution, sanctions, court costs, including restitution and juvenile
monetary assessments, or judgments to the state of Missouri or one of its
political subdivisions, any division of the circuit court may contract
with public agencies or with private entities operating under a contract
with a state agency or the office of state courts administrator. Any fees
or costs associated with such collection efforts shall be added to the
amount due, but such fees and costs shall not exceed twenty percent of
the amount collected. (L. 2003 H.B. 600, A.L. 2005 S.B. 420 & 344)

*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 sections
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. (L. 2004 S.B. 1000 § 488.5400, A.L. 2005 S.B. 423)

*Subsections 1 and 2 expire 8-28-06

1. Sheriffs, county marshals or other officers shall be allowed
a charge for their services rendered in criminal cases and in all
proceedings for contempt or attachment, as required by law, the sum of
seventy-five dollars for each felony case or contempt or attachment
proceeding, ten dollars for each misdemeanor case, and six dollars for
each infraction, excluding cases disposed of by a traffic violations
bureau established pursuant to law or supreme court rule. Such charges
shall be charged and collected in the manner provided by sections 488.010
to 488.020 and shall be payable to the county treasury.

2. The sheriff receiving any charge pursuant to subsection 1 of this
section shall reimburse the sheriff of any other county or the city of
St. Louis the sum of three dollars for each pleading, writ, summons,
order of court or other document served in connection with the case or
proceeding by the sheriff of the other county or city, and return made
thereof, to the maximum amount of the total charge received pursuant to
subsection 1 of this section.

3. The charges provided in subsection 1 of this section shall be taxed as
other costs in criminal proceedings immediately upon a plea of guilty or
a finding of guilt of any defendant in any criminal procedure. The clerk
shall tax all the costs in the case against such defendant, which shall
be collected and disbursed as provided by sections 488.010 to 488.020;
provided, that no such charge shall be collected in any proceeding in any
court when the proceeding or the defendant has been dismissed by the
court; provided further, that all costs, incident to the issuing and
serving of writs of scire facias and of writs of fieri facias, and of
attachments for witnesses of defendant, shall in no case be paid by the
state, but such costs incurred under writs of fieri facias and scire
facias shall be paid by the defendant and such defendant's sureties, and
costs for attachments for witnesses shall be paid by such witnesses.

4. Mileage shall be reimbursed to sheriffs, county marshals and guards
for all services rendered pursuant to this section at the rate prescribed
by the Internal Revenue Service for allowable expenses for motor vehicle
use expressed as an amount per mile. (L. 2000 S.B. 1002 Revision, A.L.
2003 H.B. 613 merged with S.B. 466, A.L. 2004 H.B. 1188)

In all criminal cases including violations of any county
ordinance or any violation of criminal or traffic laws of this state,
including an infraction, there shall be assessed as costs a surcharge in
the amount of one dollar. No such surcharge shall be collected in any
proceeding involving a violation of an ordinance or state law when the
proceeding or defendant has been dismissed by the court or when costs are
to be paid by the state, county or municipality. Such surcharge shall be
collected and disbursed by the clerk of the court as provided by sections
488.010 to 488.020. Moneys collected from this surcharge shall be payable
to the independent living center fund created in section 178.653, RSMo.
(L. 1993 S.B. 167 § 2 merged with S.B. 180 § 7, A.L. 1996 S.B. 869, A.L.
2000 S.B. 1002 Revision, A.L. 2001 S.B. 267)

*Transferred 2000; formerly 561.035

Upon a plea of guilty or a finding of guilty for an offense of
violating the provisions of section 577.010 or 577.012, RSMo, or
violations of county or municipal ordinances 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
state or local law enforcement agency which made the arrest for the costs
associated with such arrest. Such costs shall include the reasonable cost
of making the arrest, including the cost of any chemical test made under
chapter 577, RSMo, 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. The state and each local law enforcement
agency may establish a schedule of such costs; however, the court may
order the costs reduced if it determines that the costs are excessive.
(L. 1991 S.B. 125 & 341, A.L. 1993 S.B. 167 merged with S.B. 180, A.L.
2000 S.B. 1002 Revision)

*Transferred 2000; formerly 577.048

1. A surcharge of two dollars may be assessed as costs in each
criminal case involving violations of any county ordinance or a violation
of any criminal or traffic laws of the state, including infractions, or
violations of municipal ordinances, provided that no such fee shall be
collected in any proceeding in any court when the proceeding or defendant
has been dismissed by the court or when costs are to be paid by the
state, county or municipality. For violations of the general criminal
laws of the state or county ordinances, no such surcharge shall be
collected unless it is authorized by the county government where the
violation occurred. For violations of municipal ordinances, no such
surcharge shall be collected unless it is authorized by the municipal
government where the violation occurred. If imposed by a municipality,
such surcharges shall be collected by the clerk of the municipal court
responsible for collecting court costs and fines and shall be transmitted
monthly to the treasurer of the municipality where the violation occurred
in cases of violations of municipal ordinances. If imposed by a county,
such surcharges shall be collected and disbursed as provided in sections
488.010 to 488.020. Such surcharges shall be payable to the treasurer of
the county where the violation occurred in the case of violations of the
general criminal laws of the state or county ordinances. Without regard
to whether the aforementioned surcharge is assessed, a surcharge in the
amount of one dollar shall be assessed as provided in this section, and
shall be collected and disbursed as provided in sections 488.010 to
488.020 and payable to the state treasury to the credit of the peace
officer standards and training commission fund created in section
590.178, RSMo. Such surcharges shall be in addition to the court costs
and fees and limits on such court costs and fees established by section
66.110, RSMo, and section 479.260, RSMo.

2. Each county and municipality shall use all funds received under this
section only to pay for the training required as provided in sections
590.100 to 590.180, RSMo, or for the training of county coroners and
their deputies provided that any excess funds not allocated to pay for
such training may be used to pay for additional training of peace
officers or for training of other law enforcement personnel employed or
appointed by the county or municipality. No county or municipality shall
retain more than one thousand five hundred dollars of such funds for each
certified law enforcement officer, candidate for certification employed
by that agency or a coroner and the coroner's deputies. Any excess funds
shall be transmitted quarterly to the general revenue fund of the county
or municipality treasury which assessed the costs. (L. 1978 H.B. 879 &
899 § 9, A.L. 1988 S.B. 532, A.L. 1993 S.B. 268, A.L. 1994 H.B. 1486,
A.L. 1996 S.B. 869, A.L. 1997 S.B. 248, A.L. 1999 S.B. 1, et al., A.L.
2000 S.B. 1002 Revision, A.L. 2001 H.B. 80 merged with S.B. 267)

*Transferred 2000; formerly 590.140

1. There is created in section 595.045, RSMo, the crime
victims' compensation fund. A surcharge of seven dollars and fifty cents
shall be assessed pursuant to section 595.045, RSMo, as costs in each
court proceeding filed in any court in the state in all criminal cases
including violations of any county ordinance or any violation of criminal
or traffic laws of the state, including an infraction and violation of a
municipal ordinance; except that no such fee shall be collected in any
proceeding in any court when the proceeding or the defendant has been
dismissed by the court or when costs are to be paid by the state, county
or municipality. A surcharge of seven dollars and fifty cents shall be
assessed pursuant to section 595.045, RSMo, as costs in a juvenile court
proceeding in which a child is found by the court to come within the
applicable provisions of subdivision (3) of subsection 1 of section
211.031, RSMo.

2. Notwithstanding any other provision of law to the contrary, 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 sections 488.010 to 488.020. (L. 2000 S.B. 1002 Revision,
A.L. 2003 H.B. 613 merged with S.B. 467)

When a prosecutor is unable to appear in court as provided in
sections 56.110 and 56.120, RSMo, the person appointed shall possess the
same power as the proper officer would if he or she was present and shall
receive a reasonable fee pursuant to the provisions of section 56.130,
RSMo, for each case prosecuted to be fixed by the court and to be taxed
and paid as other costs in criminal cases. (L. 2000 S.B. 1002 Revision)

In case of any prisoner confined in any jail in this state on a
charge of felony being in want of needful and necessary clothing, it
shall be the duty of the jailer to procure the same, and to present his
or her account therefor to the court having criminal jurisdiction for the
county; and on such court being satisfied of the correctness of such
account, shall certify the same for payment as provided in section
221.140, RSMo, as other costs in criminal cases, to the state auditor.
(L. 2000 S.B. 1002 Revision)

The costs and expenses necessarily incurred in the change of
venue pursuant to section 545.620, RSMo, shall be adjusted and allowed by
the court wherein the cause is tried, and shall be taxed as other costs
in such cause. (L. 2000 S.B. 1002 Revision)

The court administrator of the sixteenth judicial circuit
shall, pursuant to section 478.466, RSMo, 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 and
payable to the drug commissioner for operation of the drug court. (L.
2000 S.B. 1002 Revision)

Each recorder and each clerk shall receive, for filing an order
of consolidation of a fire protection district as provided in section
321.470, RSMo, a fee of one dollar, to be charged as costs in the
proceeding. (L. 2000 S.B. 1002 Revision)

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