Missouri Revised Statutes













Chapter 304

Traffic Regulations

←304.027

Section 304.028.1

304.029→

August 28, 2015

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

304.028. 1. There is hereby created in the state treasury for use by

the department of health and senior services a fund to be known as the

"Brain Injury Fund". All judgments collected pursuant to this section,

federal grants, private donations and any other moneys designated for the

brain injury fund shall be deposited in the fund. Moneys deposited in the

fund shall, upon appropriation by the general assembly to the department of

health and senior services, be received and expended by the department for

the purpose of transition and integration of medical, social and

educational services or activities for purposes of outreach and supports to

enable individuals with traumatic brain injury and their families to live

in the community. Notwithstanding the provisions of section 33.080 to the

contrary, any unexpended balance in the brain injury fund at the end of any

biennium shall not be transferred to the general revenue fund.



2. In all criminal cases including violations of any county ordinance

or any violation of criminal or traffic laws of this state, including an

infraction, there shall be assessed as costs a surcharge in the amount of

two dollars. No such surcharge shall be collected in any proceeding

involving a violation of an ordinance or state law when the proceeding or

defendant has been dismissed by the court or when costs are to be paid by

the state, county or municipality.



3. Such surcharge shall be collected and distributed by the clerk of

the court as provided in sections 488.010 to 488.020. The surcharge

collected pursuant to this section shall be paid to the state treasury to

the credit of the brain injury fund established in this section.



(L. 2002 H.B. 1270 and H.B. 2032, A.L. 2011 H.B. 464)





2002



2002



304.028. 1. There is hereby created in the state treasury for use by the

Missouri Head Injury Advisory Council a fund to be known as the "Head Injury

Fund". All judgments collected pursuant to this section, federal grants,

private donations and any other moneys designated for the head injury fund

shall be deposited in the fund. Moneys deposited in the fund shall, upon

appropriation by the general assembly to the office of administration, be

received and expended by the council for the purpose of transition and

integration of medical, social and educational services or activities for

purposes of outreach and short-term supports to enable individuals with

traumatic head injury and their families to live in the community, including

counseling and mentoring the families. Notwithstanding the provisions of

section 33.080 to the contrary, any unexpended balance in the head injury fund

at the end of any biennium shall not be transferred to the general revenue

fund.



2. In all criminal cases including violations of any county ordinance or

any violation of criminal or traffic laws of this state, including an

infraction, there shall be assessed as costs a surcharge in the amount of two

dollars. No such surcharge shall be collected in any proceeding involving a

violation of an ordinance or state law when the proceeding or defendant has

been dismissed by the court or when costs are to be paid by the state, county

or municipality.



3. Such surcharge shall be collected and distributed by the clerk of the

court as provided in sections 488.010 to 488.020. The surcharge collected

pursuant to this section shall be paid to the state treasury to the credit of

the head injury fund established in this section.



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