SENATE, No. 2403

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED NOVEMBER 15, 2010

 


 

Sponsored by:

Senator  SEAN T. KEAN

District 11 (Monmouth)

 

 

 

 

SYNOPSIS

     Grants municipal courts discretion to assess court costs for certain dismissals and changes court costs for certain violations.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning municipal court costs and amending N.J.S. 22A:3-4.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

      1.  N.J.S. 22A:3-4 is amended to read as follows:

      22A:3-4. Fees for criminal proceedings.

      The fees provided in the following schedule, and no other charges whatsoever, shall be allowed for court costs in any proceedings of a criminal nature in the municipal courts but no charge shall be made for the services of any salaried police officer of the State, county or municipal police. 

      For violations of Title 39 of the Revised Statutes, or of traffic ordinances, at the discretion of the court, up to but not exceeding $33.

      For all other cases, at the discretion of the court, court costs may be assessed for matters which may be dismissed or held open not to exceed $200 per offense [up to but not exceeding $33].

      In the event of the dismissal of any charges of violations of Title 39 of the Revised Statutes or of traffic ordinances as part of a plea agreement, at the discretion of the court, up to but not exceeding $33 and applicable assessments per violation dismissed.

      In municipal court proceedings, the court shall impose court costs within the maximum limits authorized by this section, as follows: 

      a.  For every violation of any statute or ordinance the sum of $2.00.  The court shall not suspend the collection of this $2.00 court cost assessment.  These court cost assessments shall be collected by the municipal court administrator for deposit into the Automated Traffic System Fund, created pursuant to N.J.S.2B:12-30. 

      b.  For each fine, penalty and forfeiture imposed and collected under authority of law for any violation of the provisions of Title 39 of the Revised Statutes or any other motor vehicle or traffic violation in this State the sum of $.50.  The court shall not suspend the collection of this $.50 court cost assessment.  These court cost assessments shall be collected by the municipal court administrator for deposit into the "Emergency Medical Technician Training Fund" established pursuant to P.L.1992, c.143 (C.26:2K-54 et al.). 

      c.  For every violation of any statute or ordinance the sum of $3 to fund the Statewide modernization of the Automated Traffic System.  The court shall not suspend the collection of this $3 court cost assessment.  These court cost assessments shall be collected by the municipal court administrator for deposit into the Automated Traffic System Statewide Modernization Fund, established pursuant to section 1 of P.L.2004, c.62 (C.2B:12-30.1).  

      The provisions of this act shall not prohibit the taxing of additional costs when authorized by R.S.39:5-39. 

      For certificate of judgment......... $4.00

      For certified copy of paper filed with the court as a public record:

      First page......... $4.00

Each additional page or part thereof......... $1.00

      For copy of paper filed with the court as a public record:

First page......... $2.00

      Each additional page or part thereof......... $1.00

      In addition to any fine imposed, when a supplemental notice is sent for failure to appear on a return date the cost shall be $10.00 per notice, unless satisfactory evidence is presented to the court that the notice was not received. 

      CONSTABLES OR OTHER OFFICERS

      From the fees allowed for court costs in the foregoing schedule, the clerk of the court shall pay the following fees to constables or other officers: 

      Serving warrant or summons, $1.50.

      Serving every subpoena, $0.70.

Serving every execution, $1.50.

      Advertising property under execution, $0.70.

Sale of property under execution, $1.00.

      Serving every commitment, $1.50.

Transport of defendant, actual cost.

      Mileage, for every mile of travel in serving any warrant, summons, commitment, subpoena or other process, computed by counting the number of miles in and out, by the most direct route from the place where such process is returnable, exclusive of the first mile, $0.20. 

      If defendant is found guilty of the charge laid against him, he shall pay the costs herein provided, but if, on appeal, the judgment is reversed, the costs shall be repaid to defendant. If defendant is found not guilty of the charge laid against him, the costs shall be paid by the prosecutor, except when the Chief Administrator of the New Jersey Motor Vehicle Commission, a peace officer, or a police officer shall have been prosecutor. 

(cf:  P.L.2004, c.62, s.2)

 

      2.  This act shall take effect immediately.

 

 

STATEMENT

 

      N.J.S.22A:3-4 provides the fee schedule for assessment of courts costs in municipal proceedings.  It currently allows for an assessment of up to, but not exceeding $33 for all cases, including violations of Title 39 of the Revised Statutes and traffic ordinances.  This bill amends N.J.S.22A:3-4 by adding a provision which specifically grants municipal courts the discretion to assess the same court costs to charges of violations of Title 39 of the Revised Statues and traffic ordinances which are dismissed in accordance with a plea agreement.  It additionally grants municipal courts the discretion to assess up to $200 for all other cases.  This bill shifts a portion of the financial burden of operating municipal courts from local property tax payers to those accused of offenses over which the municipal courts have jurisdiction.