| 4 | 3 | | |
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| 5 | 4 | | HOUSE BILL 547 |
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| 6 | 5 | | By Cochran |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | HB0547 |
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| 10 | 9 | | 000383 |
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| 11 | 10 | | - 1 - |
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| 12 | 11 | | |
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| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 40, |
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| 14 | 13 | | relative to public safety. |
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| 15 | 14 | | |
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| 16 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 17 | 16 | | SECTION 1. Tennessee Code Annotated, Title 40, Chapter 3, is amended by adding |
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| 18 | 17 | | the following new section: |
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| 19 | 18 | | 40-3-106. |
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| 20 | 19 | | (a) This section takes effect in any county immediately upon approval by two- |
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| 21 | 20 | | thirds (2/3) vote of the county legislative body. |
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| 22 | 21 | | (b) It is the duty of the clerk of every court having jurisdiction of state |
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| 23 | 22 | | misdemeanors and felonies to include in every misdemeanor and felony cost bill, a |
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| 24 | 23 | | charge of twelve dollars and fifty cents ($12.50) that must be remitted to the county |
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| 25 | 24 | | government, except in counties that are part of a multiple county judicial district as |
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| 26 | 25 | | defined in § 16-2-506, in which case this charge must be remitted to the office of the |
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| 27 | 26 | | executive director of the district attorneys general conference for the purpose of |
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| 28 | 27 | | providing supplemental funding for the office of the district attorney general within that |
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| 29 | 28 | | judicial district. Any unencumbered moneys and any unexpended balance of such funds |
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| 30 | 29 | | remaining at the end of a fiscal year do not revert to the state general fund but must be |
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| 31 | 30 | | carried forward for the purpose for which they were originally intended. |
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| 32 | 31 | | (c) All costs collected by county governments pursuant to this section must be |
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| 33 | 32 | | used for providing support services for the purpose of promoting public safety at the sole |
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| 34 | 33 | | discretion of the district attorney general for that county's respective judicial district. |
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| 41 | 40 | | supplemental and in addition to any funds received under this chapter or under title 8, |
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| 42 | 41 | | chapter 7, relative to district attorneys general. |
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| 43 | 42 | | (e) This section does not apply to nonmoving traffic violations. |
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| 44 | 43 | | (f) In every misdemeanor and felony prosecution in which restitution is ordered |
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| 45 | 44 | | or the privilege tax for the criminal injuries compensation fund established by § 40-24- |
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| 46 | 45 | | 107 is also levied, the cost imposed by this section does not have priority over collection |
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| 47 | 46 | | of that restitution or privilege tax. |
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| 48 | 47 | | (g) A district attorney general receiving or directing funding pursuant to this |
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| 49 | 48 | | section shall submit a report to the district attorneys general conference no later than |
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| 50 | 49 | | January 1 of each year detailing the amount of costs charged and collected and the |
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| 51 | 50 | | purposes for which the funds were used in the year immediately preceding such date. |
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| 52 | 51 | | The district attorneys general conference shall provide a corresponding report no later |
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| 53 | 52 | | than February 15 of each year to the chair of the judiciary committee of the senate, the |
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| 54 | 53 | | chair of the criminal justice committee of the house of representatives, and the chairs of |
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| 55 | 54 | | the finance, ways and means committees of the senate and the house of |
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| 56 | 55 | | representatives, providing such information in aggregate and by district. |
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| 57 | 56 | | SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it. |
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