476.385. Schedule of fines committee, appointment, duties, powers--associate circuit judges may adopt schedule--central violations bureau established--powers, duties.
Schedule of fines committee, appointment, duties, powers--associatecircuit judges may adopt schedule--central violations bureauestablished--powers, duties.
476.385. 1. The judges of the supreme court may appoint a committeeconsisting of at least seven associate circuit judges, who shall meet enbanc and establish and maintain a schedule of fines to be paid forviolations of sections 210.104*, 577.070, and 577.073, RSMo, and chapters252, 301, 302, 304, 306, 307 and 390, RSMo, with such fines increasing inproportion to the severity of the violation. The associate circuit judgesof each county may meet en banc and adopt the schedule of fines andparticipation in the centralized bureau pursuant to this section. Noticeof such adoption and participation shall be given in the manner provided bysupreme court rule. Upon order of the supreme court, the associate circuitjudges of each county may meet en banc and establish and maintain aschedule of fines to be paid for violations of municipal ordinances forcities, towns and villages electing to have violations of its municipalordinances heard by associate circuit judges, pursuant to section 479.040,RSMo; and for traffic court divisions established pursuant to section479.500, RSMo. The schedule of fines adopted for violations of municipalordinances may be modified from time to time as the associate circuitjudges of each county en banc deem advisable. No fine established pursuantto this subsection may exceed the maximum amount specified by statute orordinance for such violation.
2. In no event shall any schedule of fines adopted pursuant to thissection include offenses involving the following:
(1) Any violation resulting in personal injury or property damage toanother person;
(2) Operating a motor vehicle while intoxicated or under theinfluence of intoxicants or drugs;
(3) Operating a vehicle with a counterfeited, altered, suspended orrevoked license;
(4) Fleeing or attempting to elude an officer.
3. There shall be a centralized bureau to be established by supremecourt rule in order to accept pleas of not guilty or guilty and payments offines and court costs for violations of the laws and ordinances describedin subsection 1 of this section, made pursuant to a schedule of finesestablished pursuant to this section. The centralized bureau shallcollect, with any plea of guilty and payment of a fine, all court costswhich would have been collected by the court of the jurisdiction from whichthe violation originated.
4. If a person elects not to contest the alleged violation, theperson shall send payment in the amount of the fine and any court costsestablished for the violation to the centralized bureau. Such paymentshall be payable to the central violations bureau, shall be made by mail orin any other manner established by the centralized bureau, and shallconstitute a plea of guilty, waiver of trial and a conviction for purposesof section 302.302, RSMo, and for purposes of imposing any collateralconsequence of a criminal conviction provided by law. By paying the fineand costs, the person also consents to attendance at any driver-improvementprogram or motorcycle-rider training course ordered by the court andconsents to verification of such attendance as directed by the bureau.Notwithstanding any provision of law to the contrary, the prosecutor shallnot be required to sign any information, ticket or indictment ifdisposition is made pursuant to this subsection. In the event that anypayment is made pursuant to this section by credit card or similar method,the centralized bureau may charge an additional fee in order to reflect anytransaction cost, surcharge or fee imposed on the recipient of the creditcard payment by the credit card company.
5. If a person elects to plead not guilty, such person shall send theplea of not guilty to the centralized bureau. The bureau shall send suchplea and request for trial to the prosecutor having original jurisdictionover the offense. Any trial shall be conducted at the location designatedby the court. The clerk of the court in which the case is to be heardshall notify in writing such person of the date certain for the dispositionof such charges. The prosecutor shall not be required to sign anyinformation, ticket or indictment until the commencement of any proceedingby the prosecutor with respect to the notice of violation.
6. In courts adopting a schedule of fines pursuant to this section,any person receiving a notice of violation pursuant to this section shallalso receive written notification of the following:
(1) The fine and court costs established pursuant to this section forthe violation or information regarding how the person may obtain the amountof the fine and court costs for the violation;
(2) That the person must respond to the notice of violation by payingthe prescribed fine and court costs, or pleading not guilty and appearingat trial, and that other legal penalties prescribed by law may attach forfailure to appear and dispose of the violation. The supreme court maymodify the suggested forms for uniform complaint and summons for use incourts adopting the procedures provided by this section, in order toaccommodate such required written notifications.
7. Any moneys received in payment of fines and court costs pursuantto this section shall not be considered to be state funds, but shall beheld in trust by the centralized bureau for benefit of those persons orentities entitled to receive such funds pursuant to this subsection. Allamounts paid to the centralized bureau shall be maintained by thecentralized bureau, invested in the manner required of the state treasurerfor state funds by sections 30.240, 30.250, 30.260 and 30.270, RSMo, anddisbursed as provided by the constitution and laws of this state. Anyinterest earned on such fund shall be payable to the director of thedepartment of revenue for deposit into a revolving fund to be establishedpursuant to this subsection. The state treasurer shall be the custodian ofthe revolving fund, and shall make disbursements, as allowed by lawfulappropriations, only to the judicial branch of state government for goodsand services related to the administration of the judicial system.
8. Any person who receives a notice of violation subject to thissection who fails to dispose of such violation as provided by this sectionshall be guilty of failure to appear provided by section 544.665, RSMo; andmay be subject to suspension of driving privileges in the manner providedby section 302.341, RSMo. The centralized bureau shall notify theappropriate prosecutor of any person who fails to either pay the prescribedfine and court costs, or plead not guilty and request a trial within thetime allotted by this section, for purposes of application of section544.665, RSMo. The centralized bureau shall also notify the department ofrevenue of any failure to appear subject to section 302.341, RSMo, and thedepartment shall thereupon suspend the license of the driver in the mannerprovided by section 302.341, RSMo, as if notified by the court.
9. In addition to the remedies provided by subsection 8 of thissection, the centralized bureau and the courts may use the remediesprovided by sections 488.010 to 488.020, RSMo, for the collection of courtcosts payable to courts, in order to collect fines and court costs forviolations subject to this section.
(L. 1996 S.B. 869 § C-8, A.L. 1997 S.B. 248, A.L. 1999 S.B. 1, et al., A.L. 2003 H.B. 613, A.L. 2009 H.B. 683)*Section 210.104 was repealed in 2006 by S.B. 872, et al.