304.028. Head injury fund created, moneys in fund, uses--surcharge imposed, when.

Head injury fund created, moneys in fund, uses--surcharge imposed,when.

304.028. 1. There is hereby created in the state treasury for use bythe Missouri Head Injury Advisory Council a fund to be known as the "HeadInjury Fund". All judgments collected pursuant to this section, federalgrants, private donations and any other moneys designated for the headinjury fund shall be deposited in the fund. Moneys deposited in the fundshall, upon appropriation by the general assembly to the office ofadministration, be received and expended by the council for the purpose oftransition and integration of medical, social and educational services oractivities for purposes of outreach and short-term supports to enableindividuals with traumatic head injury and their families to live in thecommunity, including counseling and mentoring the families.Notwithstanding the provisions of section 33.080, RSMo, to the contrary,any unexpended balance in the head injury fund at the end of any bienniumshall not be transferred to the general revenue fund.

2. In all criminal cases including violations of any county ordinanceor any violation of criminal or traffic laws of this state, including aninfraction, there shall be assessed as costs a surcharge in the amount oftwo dollars. No such surcharge shall be collected in any proceedinginvolving a violation of an ordinance or state law when the proceeding ordefendant has been dismissed by the court or when costs are to be paid bythe state, county or municipality.

3. Such surcharge shall be collected and distributed by the clerk ofthe court as provided in sections 488.010 to 488.020, RSMo. The surchargecollected pursuant to this section shall be paid to the state treasury tothe credit of the head injury fund established in this section.

(L. 2002 H.B. 1270 and H.B. 2032)