595.045. Funding--costs for certain violations, amount, distribution of funds, audit--judgments in certain cases, amount--failure to pay, effect, notice--court cost deducted--insufficient funds to pay - Missouri Statutes

Funding--costs for certain violations, amount, distribution of funds,audit--judgments in certain cases, amount--failure to pay,effect, notice--court cost deducted--insufficient funds to payclaims, procedure--interest earned, disposition.

595.045. 1. There is established in the state treasury the "CrimeVictims' Compensation Fund". A surcharge of seven dollars and fifty centsshall be assessed as costs in each court proceeding filed in any court inthe state in all criminal cases including violations of any countyordinance or any violation of criminal or traffic laws of the state,including an infraction and violation of a municipal ordinance; except thatno such fee shall be collected in any proceeding in any court when theproceeding or the defendant has been dismissed by the court or when costsare to be paid by the state, county, or municipality. A surcharge ofseven dollars and fifty cents shall be assessed as costs in a juvenilecourt proceeding in which a child is found by the court to come within theapplicable provisions of subdivision (3) of subsection 1 of section211.031, RSMo.

2. Notwithstanding any other provision of law to the contrary, themoneys collected by clerks of the courts pursuant to the provisions ofsubsection 1 of this section shall be collected and disbursed in accordancewith sections 488.010 to 488.020, RSMo, and shall be payable to thedirector of the department of revenue.

3. The director of revenue shall deposit annually the amount of twohundred fifty thousand dollars to the state forensic laboratory accountadministered by the department of public safety to provide financialassistance to defray expenses of crime laboratories if such analyticallaboratories are registered with the federal Drug Enforcement Agency or theMissouri department of health and senior services. Subject toappropriations made therefor, such funds shall be distributed by thedepartment of public safety to the crime laboratories serving the courts ofthis state making analysis of a controlled substance or analysis of blood,breath or urine in relation to a court proceeding.

4. The remaining funds collected under subsection 1 of this sectionshall be denoted to the payment of an annual appropriation for theadministrative and operational costs of the office for victims of crimeand, if a statewide automated crime victim notification system isestablished pursuant to section 650.310, RSMo, to the monthly payment ofexpenditures actually incurred in the operation of such system. Additionalremaining funds shall be subject to the following provisions:

(1) On the first of every month, the director of revenue or thedirector's designee shall determine the balance of the funds in the crimevictims' compensation fund available to satisfy the amount of compensationpayable pursuant to sections 595.010 to 595.075, excluding sections 595.050and 595.055;

(2) Beginning on September 1, 2004, and on the first of each month,the director of revenue or the director's designee shall deposit fiftypercent of the balance of funds available to the credit of the crimevictims' compensation fund and fifty percent to the services to victims'fund established in section 595.100.

5. The director of revenue or such director's designee shall at leastmonthly report the moneys paid pursuant to this section into the crimevictims' compensation fund and the services to victims fund to thedepartment of public safety.

6. The moneys collected by clerks of municipal courts pursuant tosubsection 1 of this section shall be collected and disbursed as providedby sections 488.010 to 488.020, RSMo. Five percent of such moneys shall bepayable to the city treasury of the city from which such funds werecollected. The remaining ninety-five percent of such moneys shall bepayable to the director of revenue. The funds received by the director ofrevenue pursuant to this subsection shall be distributed as follows:

(1) On the first of every month, the director of revenue or thedirector's designee shall determine the balance of the funds in the crimevictims' compensation fund available to satisfy the amount of compensationpayable pursuant to sections 595.010 to 595.075, excluding sections 595.050and 595.055;

(2) Beginning on September 1, 2004, and on the first of each monththe director of revenue or the director's designee shall deposit fiftypercent of the balance of funds available to the credit of the crimevictims' compensation fund and fifty percent to the services to victims'fund established in section 595.100.

7. These funds shall be subject to a biennial audit by the Missouristate auditor. Such audit shall include all records associated with crimevictims' compensation funds collected, held or disbursed by any stateagency.

8. In addition to the moneys collected pursuant to subsection 1 ofthis section, the court shall enter a judgment in favor of the state ofMissouri, payable to the crime victims' compensation fund, of sixty-eightdollars upon a plea of guilty or a finding of guilt for a class A or Bfelony; forty-six dollars upon a plea of guilty or finding of guilt for aclass C or D felony; and ten dollars upon a plea of guilty or a finding ofguilt for any misdemeanor under Missouri law except for those in chapter252, RSMo, relating to fish and game, chapter 302, RSMo, relating todrivers' and commercial drivers' license, chapter 303, RSMo, relating tomotor vehicle financial responsibility, chapter 304, RSMo, relating totraffic regulations, chapter 306, RSMo, relating to watercraft regulationand licensing, and chapter 307, RSMo, relating to vehicle equipmentregulations. Any clerk of the court receiving moneys pursuant to suchjudgments shall collect and disburse such crime victims' compensationjudgments in the manner provided by sections 488.010 to 488.020, RSMo.Such funds shall be payable to the state treasury and deposited to thecredit of the crime victims' compensation fund.

9. The clerk of the court processing such funds shall maintainrecords of all dispositions described in subsection 1 of this section andall dispositions where a judgment has been entered against a defendant infavor of the state of Missouri in accordance with this section; allpayments made on judgments for alcohol-related traffic offenses; and anyjudgment or portion of a judgment entered but not collected. These recordsshall be subject to audit by the state auditor. The clerk of each courttransmitting such funds shall report separately the amount of dollarscollected on judgments entered for alcohol-related traffic offenses fromother crime victims' compensation collections or services to victimscollections.

10. The department of revenue shall maintain records of fundstransmitted to the crime victims' compensation fund by each reporting courtand collections pursuant to subsection 16 of this section and shallmaintain separate records of collection for alcohol-related offenses.

11. The state courts administrator shall include in the annual reportrequired by section 476.350, RSMo, the circuit court caseloads and thenumber of crime victims' compensation judgments entered.

12. All awards made to injured victims under sections 595.010 to595.105 and all appropriations for administration of sections 595.010 to595.105, except sections 595.050 and 595.055, shall be made from the crimevictims' compensation fund. Any unexpended balance remaining in the crimevictims' compensation fund at the end of each biennium shall not be subjectto the provision of section 33.080, RSMo, requiring the transfer of suchunexpended balance to the ordinary revenue fund of the state, but shallremain in the crime victims' compensation fund. In the event that thereare insufficient funds in the crime victims' compensation fund to pay allclaims in full, all claims shall be paid on a pro rata basis. If there areno funds in the crime victims' compensation fund, then no claim shall bepaid until funds have again accumulated in the crime victims' compensationfund. When sufficient funds become available from the fund, awards whichhave not been paid shall be paid in chronological order with the oldestpaid first. In the event an award was to be paid in installments and someremaining installments have not been paid due to a lack of funds, then whenfunds do become available that award shall be paid in full. All suchawards on which installments remain due shall be paid in full inchronological order before any other postdated award shall be paid. Anyaward pursuant to this subsection is specifically not a claim against thestate, if it cannot be paid due to a lack of funds in the crime victims'compensation fund.

13. When judgment is entered against a defendant as provided in thissection and such sum, or any part thereof, remains unpaid, there shall bewithheld from any disbursement, payment, benefit, compensation, salary, orother transfer of money from the state of Missouri to such defendant anamount equal to the unpaid amount of such judgment. Such amount shall bepaid forthwith to the crime victims' compensation fund and satisfaction ofsuch judgment shall be entered on the court record. Under no circumstancesshall the general revenue fund be used to reimburse court costs or pay forsuch judgment. The director of the department of corrections shall havethe authority to pay into the crime victims' compensation fund from anoffender's compensation or account the amount owed by the offender to thecrime victims' compensation fund, provided that the offender has failed topay the amount owed to the fund prior to entering a correctional facilityof the department of corrections.

14. All interest earned as a result of investing funds in the crimevictims' compensation fund shall be paid into the crime victims'compensation fund and not into the general revenue of this state.

15. Any person who knowingly makes a fraudulent claim or falsestatement in connection with any claim hereunder is guilty of a class Amisdemeanor.

16. The department may receive gifts and contributions for thebenefit of crime victims. Such gifts and contributions shall be creditedto the crime victims' compensation fund as used solely for compensatingvictims under the provisions of sections 595.010 to 595.075.

(L. 1981 H.B. 41, et al. § 8, A.L. 1982 S.B. 497, A.L. 1984 H.B. 1226, A.L. 1985 H.B. 715, A.L. 1986 H.B. 1554 Revision, A.L. 1988 H.B. 1195, A.L. 1989 S.B. 364 merged with S.B. 138, A.L. 1990 H.B. 974, A.L. 1992 S.B. 638, A.L. 1993 S.B. 19, A.L. 1996 S.B. 769 repealed by L. 1997 S.B. 248, A.L. 1996 S.B. 869, A.L. 2001 S.B. 267, A.L. 2004 H.B. 1188 merged with S.B. 1211, A.L. 2009 S.B. 338)

CROSS REFERENCES:

Crime laboratory assistance program, RSMo 650.100, 650.105

Multinational banks, securities and obligations of, investment in, when, RSMo 409.950