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

A1243

ASSEMBLY, No. 1243

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

Assemblywoman DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

SYNOPSIS

���� Grants municipal courts discretion to assess court
costs for certain dismissals.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

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
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.� The statute currently
allows for an assessment 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 for charges of
violations of Title 39 of the Revised Statues and traffic ordinances which are
dismissed in accordance with a plea agreement.� 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.