Request By:
Honorable J. Bruce Miller
Jefferson County Attorney
1129 Kentucky Home Life Building
Louisville, Kentucky 40202
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You raise questions about H.B. 21 [Ch. 36, 1976 Extraordinary Session], Section 1, subsections (3) and (5).
Section 1 contains a table showing the fine for speed violations [KRS 189.390 and 189.391], depending upon the miles per hour in excess of the maximum speed. Subsection (3) provides that for any violation on the chart for which a specific fine is prescribed the defendant may elect to pay the fine to the circuit clerk before the date of his trial, and such payment shall be considered as a plea of guilty for all purposes. You ask if that applies now. The answer is "no". Under Section 5 of H.B. 21, Section 1 becomes effective January 2, 1978.
Subsection (5) of Section 1 of H.B. 21 provides that in the event the fine is paid to the clerk before trial date, the costs shall be $10. You point out that present costs are $19, which represents various fees to officers performing some particular service in the case. You ask: What happens if the fine is prepaid [before trial]?
The present costs breakdown as follows: Commonwealth Attorney Tax (KRS 142.030)$3.50County Attorney Tax (KRS 142.040)3.50Arrest Fee (KRS 64.090 & 64.340)7.00County Attorney Fee (KRS 69.260(2))5.00Library Tax (KRS 172.180 (3)(b)).50
KRS 142.030 was amended by S.B. 15, Chapter 14, 1976 Extraordinary Session, Section 485, to provide that a tax of $3.50 shall be levied upon conviction in each criminal case carrying a fine and paid into the general fund in the state treasury.
KRS 142.040 was amended by H.B. 17, Chapter 17, Section 43, to provide that a state docket fee of $3.50 shall be levied upon each conviction in each criminal case carrying a fine and paid into the general fund of the state treasury.
KRS 69.260 will be repealed as of January 1, 1978. H.B. 17, Ch. 17, Section 52, 1976 Extraordinary Session.
While the above mentioned library tax does not apply in Jefferson County, S.B. 15, Ch. 14, Section 165, 1976 Extraordinary Session, amends KRS 172.180, to provide that a county law library tax may be established in any county in Kentucky and applying to all criminal actions, except examining trials and felony trials. The fee in district court would be a sum not to exceed fifty cents (50 ).
Until January 1, 1978, the costs in a speeding case in quarterly court in Jefferson County would be $19.00. On January 1, 1978, the costs in quarterly court would be $14.00 [the $5 cost for the county attorney is repealed as of January 1, 1978]. On January 2, 1978, and thereafter, the court costs in district court would be $14.00 [an extra 50 if the library tax is established] and the additional $10 costs.
We believe there was no legislative intent to substitute the $10 cost for the original $19 cost [reduced to $14 under the repeal of KRS 69.260]. The $3.50 tax on criminal convictions and the docket fee of $3.50 must be paid. In addition the sheriff's fee of $7.00 is still intact and must be paid upon conviction. This totals $14. Thus the $10 cost item found in H.B. 21, Section 1, 1976 Extraordinary Session, is really an add-on cost where the fine is prepaid before a trial. The courts do not favor amendment by implication.