 |
 |
| Additional Executive Departments | | Agriculture And Animals | | Alcoholic Beverages | | Business And Financial Institutions | | Cities, Towns And Villages | | Civil Procedure And Limitations | | Codes And Standards | | Conduct Of Public Business | | Conservation, Resources And Development | | Contracts And Contractual Relations | | Corporations, Associations And Partnerships | | Correctional And Penal Institutions | | County, Township And Political Subdivision Government | | Courts | | Crimes And Punishment; Peace Officers And Public Defenders | | Criminal Procedure | | Debtor-creditor Relations | | Domestic Relations | | Education And Libraries | | Evidence And Legal Advertisements | | Executive Branch | | Incorporation And Regulation Of Certain Utilities And Carriers | | Juries | | Labor And Industrial Relations | | Lands, Levees, Drainage, Sewers And Public Water Supply | | Laws And Statutes | | Legislative Branch | | Military Affairs And Police | | Motor Vehicles, Watercraft And Aviation | | Occupations And Professions | | Ownership And Conveyance Of Property | | Public Health And Welfare | | Public Officers And Employees, Bonds And Records | | Public Safety And Morals | | Roads And Waterways | | Sovereignty, Jurisdiction And Emblems | | Statutory Actions And Torts | | Suffrage And Elections | | Taxation And Revenue | | Trade And Commerce | | Trusts And Estates Of Decedents And Persons Under Disability |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Missouri |
|
USA Statutes : missouri
Title : CRIMINAL PROCEDURE
Chapter : Chapter 550 Costs in Criminal Cases
|
|
Whenever any person shall be convicted of any crime or
misdemeanor he shall be adjudged to pay the costs, and no costs incurred
on his part, except fees for the cost of incarceration, including a
reasonable sum to cover occupancy costs, shall be paid by the state or
county. (RSMo 1939 § 4220, A.L. 1977 H.B. 427)
Prior revisions: 1929 § 3825; 1919 § 4168; 1909 § 5376
Effective 1-1-78
CROSS REFERENCES: Defendant liable for keep in jail, RSMo 221.070
Defendant's property on conviction bound for payment of costs,
executions, RSMo 546.860, 546.870
1. In all capital cases in which the defendant shall be
convicted, and in all cases in which the defendant shall be sentenced to
imprisonment in the penitentiary, and in cases where such person is
convicted of an offense punishable solely by imprisonment in the
penitentiary and is sentenced to imprisonment in the county jail,
workhouse or reform school because such person is under the age of
eighteen years, the state shall pay the costs, if the defendant shall be
unable to pay them, except costs incurred on behalf of defendant.
2. And in all cases of felony, when the jury are not permitted to
separate, it shall be the duty of the sheriff in charge of the jury,
unless otherwise ordered by the court, to supply them with board and
lodging during the time they are required by the court to be kept
together, for which a reasonable compensation may be allowed, not to
exceed three dollars and fifty cents per day for each member of the jury
and the officer in charge; and the same shall be taxed as other costs in
the case, and the state shall pay such costs, unless in the event of
conviction, the same can be made out of the defendant. (RSMo 1939 § 4221,
A.L. 1945 p. 844)
Prior revisions: 1929 § 3826; 1919 § 4169; 1909 § 5377
When the defendant is sentenced to imprisonment in the county
jail, or to pay a fine, or both, and is unable to pay the costs, the
county in which the indictment was found or information filed shall pay
the costs, except such as were incurred on the part of the defendant.
(RSMo 1939 § 4222)
Prior revisions: 1929 § 3827; 1919 § 4170; 1909 § 5378
CROSS REFERENCE: County commission may allow for placing prisoner under
irons, RSMo 221.150
In all capital cases, and those in which imprisonment in the
penitentiary is the sole punishment for the offense, if the defendant is
acquitted, the costs shall be paid by the state; and in all other trials
on indictments or information, if the defendant is acquitted, the costs
shall be paid by the county in which the indictment was found or
information filed, except when the prosecutor shall be adjudged to pay
them or it shall be otherwise provided by law. (RSMo 1939 § 4223)
Prior revisions: 1929 § 3828; 1919 § 4171; 1909 § 5379
1. Every person who shall institute any prosecution to recover a
fine, penalty or forfeiture shall be adjudged to pay all costs if the
defendant is acquitted although he may not be entitled to any part of the
same.
2. When such prosecutions are commenced by a public officer whose duty it
is to institute the same, and the defendant is acquitted, the county
shall pay the costs; if he is convicted, and unable to pay the costs, the
county shall pay all the costs, except such as were incurred on the part
of the defendant. (RSMo 1939 §§ 4224, 4225)
Prior revisions: 1929 §§ 3829, 3830; 1919 §§ 4172, 4173; 1909 §§ 5380,
5381
CROSS REFERENCES: Cemeteries--prosecution for trespass on, who liable for
costs, RSMo 214.120 Conservation commission agent not liable for costs in
prosecution, RSMo 252.100 Prosecuting witness, who deemed, liability,
RSMo 545.280 Trespass--indictment for--failure of action, costs assessed
against prosecutor, RSMo 545.050
In all cases where any person shall be committed or recognized
to answer for a felony, and no indictment shall be found against such
person, the prosecutor, or person on whose oath the prosecution was
commenced, shall be liable for all the costs incurred in that behalf; and
the court shall render judgment against such prosecutor for the same, and
in no such case shall the state or county pay such costs. (RSMo 1939 §
4226)
Prior revisions: 1929 § 3831; 1919 § 4174; 1909 § 5382
If a person, charged with a felony, shall be discharged by the
officer taking his examination, the costs shall be paid by the prosecutor
or person on whose oath the prosecution was instituted, and the officer
taking such examination shall enter judgment against such person for the
same, and issue execution therefor immediately; and in no such case shall
the state or county pay the costs. (RSMo 1939 § 4227)
Prior revisions: 1929 § 3832; 1919 § 4175; 1909 § 5383
If, upon the trial of any indictment or information, the
defendant shall be acquitted or discharged, and the prosecutor or
prosecuting witness shall be liable to pay the costs according to law,
judgment shall be rendered against such prosecutor for the costs in the
case, and in no such case shall the same be paid by either the county or
state. (RSMo 1939 § 4228)
Prior revisions: 1929 § 3833; 1919 § 4176; 1909 § 5384
When the proceedings are prosecuted before any associate circuit
judge, at the instance of the injured party, for the disturbance of the
peace of a person, or for libel or slander, or for any trespass against
the person or property of another, not amounting to a felony, except for
petit larceny, the name of such injured party shall be entered by the
associate circuit judge on his record as a prosecutor; and if the
defendant shall be discharged or acquitted, such prosecutor shall be
adjudged to pay the costs not otherwise adjudged; and in every other case
of acquittal, if the associate circuit judge or jury trying the case
shall state in the finding that the prosecution was malicious or without
probable cause, the associate circuit judge shall enter judgment for
costs against the prosecution or party at whose instance the information
was filed, and shall issue execution therefor; but in no case shall the
prosecuting attorney be liable for costs. In other cases of discharge or
acquittal the costs shall be paid by the county, except when the
prosecution is commenced by complaint and the prosecuting attorney
declines to file information thereon, in which case the proceedings shall
be dismissed at the cost of the party filing the complaint. (RSMo 1939 §
3834, A.L. 1945 p. 750 § 27, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 3444; 1919 § 3789; 1909 § 4997
Effective 1-2-79
All costs unnecessarily incurred by a violation of sections
545.320 and 545.330, RSMo, shall be taxed against the clerk or associate
circuit judge who caused the same. (RSMo 1939 § 4233)
Prior revisions: 1929 § 3838; 1919 § 4181; 1909 § 5389
1. In any criminal or civil case in which a change of venue is
taken from one county to any other county, and whenever a prisoner shall,
for any cause, be confined in the jail of one county, such costs shall be
paid by the county in which the case, indictment or information was
originally instituted to the county in which the case is actually tried
or where the prisoner is confined, except when such case is transferred
for improper venue. In all cases where fines are imposed upon conviction
under such indictments or prosecutions, or penalties or forfeitures of
penal bonds in criminal cases, are collected, by civil action or
otherwise, payable to the county, such fines, penalties and forfeitures
shall be paid into the treasury of the county where such indictment or
information was originally found or such prosecution originally
instituted, for the benefit of the public school fund of the county.
2. The term "costs" as used in this section means:
(1) All items, services and other matters defined as costs under any
other provisions of law relating to criminal or civil procedures;
(2) All moneys expended as salaries of persons directly related to the
care of criminal defendants, security of the court, security of the jury
and the room and board thereof, transportation of the jury, security and
room and board of witnesses, and the processing of the cause, paid or
payable out of the county treasury to which venue has been changed;
(3) All expenses of whatever nature incurred by a county as the result of
jury selection and service pursuant to the provisions of chapter 494,
RSMo;
(4) Any other expense directly related to the trial and prosecution of
such criminal charge found necessary by the trial judge hearing the case.
(RSMo 1939 § 4241, A.L. 1989 H.B. 258, A.L. 2001 S.B. 267)
Prior revisions: 1929 § 3846; 1919 § 4189; 1909 § 5397
CROSS REFERENCES: Change of venue, costs, generally, RSMo 545.620 Costs
of commitment and support of prisoner when removed from county, RSMo
221.260
The bill of costs in any case, as provided for in section
550.120, shall be certified to by the judge and prosecuting attorney, as
now provided by law, and shall be presented to the county commission in
which the indictment was originally found, or proceedings instituted, and
shall thereupon be paid as if the cause had been tried or otherwise
disposed of in said county. (RSMo 1939 § 4242)
Prior revisions: 1929 § 3847; 1919 § 4190; 1909 § 5398
The clerk of the court in which any criminal cause shall have
been determined or continued generally shall, immediately after the
adjournment of the court and before the next succeeding term, calculate
all costs which have accrued in the case. If the state or county is
liable under the provisions of this chapter for costs or any part
thereof, he shall make out and deliver forthwith to the prosecuting
attorney of said county a complete fee bill, specifying each item of
services and the fee therefor. The circuit clerk shall prepare a bill
against the state containing only costs which are payable to the county.
(RSMo 1939 § 4236, A.L. 1999 S.B. 1, et al.)
Prior revisions: 1929 § 3841; 1919 § 4184; 1909 § 5392
CROSS REFERENCES: Clerk's fees--collection and disposition of, Chap. 483,
RSMo Clothing and medical attention for jail prisoner taxed as costs,
when, RSMo 221.120, 221.140 Court reporter's fees, RSMo 488.2250,
488.2253 Interpreter's and translator's fees, RSMo 491.300 Preliminary
hearing expenses taxed as costs, when, RSMo 544.300 Sheriff's fees, Chap.
57, RSMo Witness fees, RSMo 491.280
The clerk shall attach to each fee bill a certified copy of the
names of all witnesses endorsed on the indictment or information and all
orders of the prosecuting attorney and affidavits of the prosecutor as
provided for in section 545.320, RSMo, and no costs shall be paid any
state witness not therein. (RSMo 1939 § 4230)
Prior revisions: 1929 § 3835; 1919 § 4178; 1909 § 5386
No officer, appointee or employee holding a state, county,
township or municipal office, including police officers and policemen,
either by election or appointment, shall claim, be allowed or receive any
fee or compensation as a witness for testifying before a coroner's
inquest, grand jury, or in any criminal cases. All officers, appointees
and employees as aforesaid, shall be compelled to attend the trial of all
criminal cases, coroner's inquest and grand juries, when legally
subpoenaed; provided, that the provisions of this section shall not apply
to any officer who is a witness in any case where the residence of such
officer is five miles from the place where the trial or coroner's inquest
is held, or where the grand jury is in session. (RSMo 1939 § 4232)
Prior revisions: 1929 § 3837; 1919 § 4180; 1909 § 5388
The judge and prosecuting attorney shall in no case tax the
state or county with more than the costs of three witnesses to establish
any one fact, nor with the costs of witnesses unnecessarily summoned and
not examined, but the costs of such surplus or unnecessary witnesses
shall, in the discretion of the court, be taxed against the party or
attorney causing them to be summoned. (RSMo 1939 § 4245)
Prior revisions: 1929 § 3850; 1919 § 4193; 1909 § 5401
If any clerk shall fail to tax the costs and make out a proper
fee bill, or shall willfully neglect to perform any duty required of him
in sections 550.140 and 550.190, he shall be liable to the person injured
by such neglect in treble the amount of costs to which the party is
entitled in the cause, and the court shall give judgment therefor against
the clerk, on motion of the party entitled thereto; provided, that the
party asking such judgment shall give two days' notice of such motion,
which may be served on the clerk or his deputy. (RSMo 1939 § 4238)
Prior revisions: 1929 § 3843; 1919 § 4186; 1909 § 5394
The prosecuting attorney shall strictly examine each bill of
costs which shall be delivered to him, as provided in section 550.140,
for allowance against the state or county, and shall ascertain as far as
possible whether the services have been rendered for which the charges
are made, and whether the fees charged are expressly given by law for
such services, or whether greater charges are made than the law
authorizes. If the fee bill has been made out according to law, or if
not, after correcting all errors therein, he shall report the same to the
judge of the court, either in term or in vacation, and if the same
appears to be formal and correct, the judge and prosecuting attorney
shall certify to the commissioner of administration, or clerk of the
county commission, accordingly as the state or county is liable, the
amount of costs due by the state or county on the fee bill, and deliver
the same to the clerk who made it out, to be collected without delay, and
paid over to those entitled to the fees allowed. (RSMo 1939 § 4237, A.
1949 H.B. 2146)
Prior revisions: 1929 § 3842; 1919 § 4185; 1909 § 5393
The original fee bill, signed by the judge and prosecuting
attorney, shall be sent by the clerk to the commissioner of
administration or county commission, as the case may be, and the clerk
shall make out, under his hand and seal, a true and certified copy of the
same, which shall be carefully preserved by the clerk in his office, and
shall be prima facie evidence of the facts therein stated. (RSMo 1939 §
4243, A. 1949 H.B. 2146)
Prior revisions: 1929 § 3848; 1919 § 4191; 1909 § 5399
When a fee bill shall be certified to the commissioner of
administration for payment, the certificate of the judge and prosecuting
attorney shall contain a statement of the following facts: That they have
strictly examined the bill of costs; that the defendant was convicted or
acquitted, and if convicted, the nature and extent of punishment
assessed, or the cause continued generally, as the case may be; that the
offense charged is a capital one, or punishable solely by imprisonment in
the penitentiary, as the case may be; that the services were rendered for
which charges are made, and that the fees charged are expressly
authorized by law, and that they are properly taxed against the proper
party, and that the fees of no more than three witnesses to prove any one
fact are allowed. In cases in which the defendant is convicted, the judge
and prosecuting attorney shall certify, in addition to the foregoing
facts, that the defendant is insolvent, and that no costs charged in the
fee bill, fees for the cost of incarceration, including a reasonable sum
to cover occupancy costs, excepted, were incurred on the part of the
defendant. (RSMo 1939 § 4239, A. 1949 H.B. 2146, A.L. 1977 H.B. 427)
Prior revisions: 1929 § 3844; 1919 § 4187; 1909 § 5395
Effective 1-1-78
Each and every bill of costs presented to any county commission
for allowance shall be examined and certified to by the judge and
prosecuting attorney in the same manner, all necessary charges excepted,
as provided for certifying bills of costs to the commissioner of
administration for payment; and any county commissioner who shall pay, or
vote to pay, any costs incurred in any criminal case or proceeding,
unless the same is so certified to, shall be adjudged guilty of a
misdemeanor. (RSMo 1939 § 4240, A. 1949 H.B. 2146)
Prior revisions: 1929 § 3845; 1919 § 4188; 1909 § 5396
When the clerk shall send a bill of costs to the commissioner of
administration or county commission, as provided in section 550.200, he
shall expressly state in his certificate that he has not at any previous
time certified or sent a copy of the same bill, or part thereof, for
payment; provided, that if the clerk shall, by oversight or mistake, fail
to include any costs properly chargeable against the state or county in
any fee bill, he may make out and present, as herein provided for making
out bills of costs, a supplemental bill for the costs so omitted;
provided, that the clerk shall in no case charge or receive any fee or
fees whatsoever for the issuance of such supplemental fee bill. (RSMo
1939 § 4244, A. 1949 H.B. 2146)
Prior revisions: 1929 § 3849; 1919 § 4192; 1909 § 5400
In all criminal cases which have been finally determined before
an associate circuit judge in which the county shall be liable for any
costs incurred therein, the clerk responsible for collecting fees in
cases determined by such judge shall certify a complete itemized fee bill
thereof to the county commission for payment, which fee bill shall be
examined and audited by the prosecuting attorney and the judge. Whenever
the state shall be liable under any law for costs incurred in any
examination of a felony before any associate circuit judge, or in any
misdemeanor case which is not finally determined before an associate
circuit judge, the clerk serving such judge shall calculate, certify and
return to the clerk of the circuit court of the county a complete
statement of costs, specifying each item of service and the fee therefor,
together with all the papers and docket entries in the case. The clerk of
the circuit court shall thereupon make out a fee bill of all such costs
which are legally chargeable against the state or county, which shall be
examined by the prosecuting attorney. The circuit clerk shall prepare a
bill against the state containing only costs which are payable to the
county. All such fee bills shall thereafter be proceeded with in all
respects as in the case of fee bills for costs incurred in cases before
circuit judges. (RSMo 1939 § 4246, A.L. 1951 p. 461, A.L. 1978 H.B. 1634,
A.L. 1999 S.B. 1, et al.)
Prior revisions: 1929 § 3851; 1919 § 4194; 1909 § 5402
1. All criminal court cost bills shall be certified for payment
as herein provided, and in addition thereto the circuit clerks of each
county shall make copies of all original criminal court cost bills
certified to the commissioner of administration for payment, and shall
file the same with the treasurers of their respective counties, and the
city of St. Louis, at the time of transmitting the original for payment.
2. When criminal court cost bills are certified to the commissioner of
administration, warrants shall be drawn on the state treasurer as
provided by law, provided that the amounts due to the state contained
within such criminal court cost bills may be withheld by the state before
payment is made to the counties. Costs payable to the state contained in
such criminal costs bills shall not be reimbursed to the counties, but
the county shall be reimbursed only for those costs payable to the
county. Payment shall be transmitted to the treasurer of the county from
whence the bill originated, or the city of St. Louis. When any criminal
cost bill shall be certified to the county commission or the comptroller
of the city of St. Louis, for payment, the county clerk, or the
comptroller of the city of St. Louis, when the same is allowed, shall
draw a warrant on the county treasurer or city treasurer in payment
thereof, and deliver the same to the county treasurer, or to the
treasurer of the city of St. Louis, together with a list of the names of
the various parties to whom the fees are due, stating the amount due each
person.
3. The treasurers, on receipt of any such warrants and criminal court
cost bills, shall record the criminal court cost bills in a well-bound
book arranged with appropriate headings, so that the same shall
correspond, as near as may be, with the accounts required to be kept by
other officers in section 50.470, RSMo. (RSMo 1939 § 4248, A. 1949 H.B.
2146, A.L. 1996 S.B. 869, A.L. 1999 S.B. 1, et al.)
Prior revisions: 1929 § 3853; 1919 § 4196; 1909 § 5404
The county treasurers shall pay out all such fees to the proper
owners as the same may be called for; provided, that before any such fees
shall be paid the party to whom the same is due shall furnish
satisfactory evidence to the treasurer that he or she, as the case may
be, is not at the time indebted to the state or county, on account of
delinquent back taxes, or is indebted to the state or county on account
of any fine, penalty, forfeitures or forfeited recognizances or costs for
a violation of any criminal statute of this state, or for contempt of any
court, no matter if the same shall have been paid by oath of insolvency
as provided by law; or is indebted to the state or any county on account
of any funds coming to his hands by reason of any public office; provided
further, that after deducting the amount of the indebtedness of the
claimant, if any, on account of any or all of the various causes herein
enumerated, the treasurer shall pay him the balance, giving duplicate
receipts for the separate amounts paid, one of which shall be filed with
the county clerk, who shall charge the treasurer with the same, but if
the indebtedness of the claimant equals or exceeds the amount of his
fees, the treasurer shall give him credit for the amount of his fees,
stating on what account, and shall make duplicate receipts for the same,
one of which he shall deliver to the claimant and the other he shall file
with the county clerk, who shall charge the treasurer with all such
receipts, and in his regular settlements with the county commission the
treasurer shall make a full and complete exhibit of all his acts and
doings under sections 550.260 to 550.300. (RSMo 1939 § 4249)
Prior revisions: 1929 § 3854; 1919 § 4197; 1909 § 5405
All fees due witnesses before the grand jury, and all fees due
jurors in any criminal case, and all fees accruing in any inquest case
where the verdict of the jury is that the deceased came to death by other
than unavoidable accident or natural causes, shall be deemed criminal
costs, and shall be paid in like manner and shall be subject to all the
offsets herein provided for. (RSMo 1939 § 4250)
Prior revisions: 1929 § 3855; 1919 § 4198; 1909 § 5406
(1963) This section held to authorize taxation of jury fees and mileage
of jurors to defendant convicted following plea of nolo contendere. State
v. Norman (A.), 371 S.W.2d 41.
In order to make said sections 550.260 to 550.300 effective, it
is hereby declared that all fees due by the state or county on account of
any criminal case, or due witnesses before the grand jury, or as a juror
or witness in an inquest, shall not be negotiable or assignable except
subject to all the setoffs herein provided for, and that the state and
county holds a prior lien on the same for the purpose of indemnification
against loss by reason of the nonpayment of personal back taxes, and for
the payment of the fines, penalties, forfeitures and costs herein
mentioned. (RSMo 1939 § 4252)
Prior revisions: 1929 § 3857; 1919 § 4200; 1909 § 5408
At the end of each term of court after the receipt of each
criminal court cost bill from either the state auditor or the county
clerk, the treasurer shall strike a balance of the same, and shall turn
over the amounts collected on account of the various items of
indebtedness herein mentioned to the various funds to which they belong
or in the manner provided by sections 488.010 to 488.020*, RSMo. And all
uncalled for fees paid by the state shall be promptly transmitted to the
state director of revenue who shall deposit the same in the state
treasury, and those paid by the county shall be turned over to the credit
of the county revenue fund. (RSMo 1939 § 4251, A.L. 1947 V. I p. 260,
A.L. 1996 S.B. 869)
Prior revisions: 1929 § 3856; 1919 § 4199; 1909 § 5407
Effective 7-1-97
*Original rolls contain "section 514.015" which was changed to effectuate
the court cost bill.
Every judge, prosecuting attorney, clerk or judge who shall
knowingly violate any provision of this chapter shall be deemed guilty of
a misdemeanor and, upon conviction, shall be fined not exceeding one
thousand dollars. (L. 1978 H.B. 1634)
Effective 1-2-79
*This section previously repealed, 1977, but reinstated by this act.
|
|
|
|
