K.S.A. » Chapter 28
Kansas Statutes Annotated

K.S.A. § 28-172a (2026)

Docket fee in criminal proceedings; fees and charges in other actions involving violations of state laws; authorized only by legislative enactment

✓ current as of May 2026
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28-172a. Docket fee in criminal proceedings; fees and charges in other actions involving violations of state laws; authorized only by legislative enactment. (a) Except as otherwise provided in this section, whenever the prosecuting witness or defendant is adjudged to pay the costs in a criminal proceeding in any county, a docket fee shall be taxed as follows:

  • Murder or manslaughter$180.50
  • Other felony171.00
  • Misdemeanor136.00
  • Fofeited recognizance72.50
  • Appeals from other courts72.50

(b) (1) Except as provided in paragraph (2), in actions involving the violation of any of the laws of this state regulating traffic on highways, including those listed in K.S.A. 8-2118(c), and amendments thereto, a cigarette or tobacco infraction, any act declared a crime pursuant to the statutes contained in chapter 32 of the Kansas Statutes Annotated, and amendments thereto, or any act declared a crime pursuant to the statutes contained in article 8 of chapter 82a of the Kansas Statutes Annotated, and amendments thereto, whenever the prosecuting witness or defendant is adjudged to pay the costs in the action, a docket fee of $86 shall be charged. When an action is disposed of under K.S.A. 8-2118(a) and (b), or K.S.A. 79-3393(f), and amendments thereto, the docket fee to be paid as court costs shall be $86.

(2) In actions involving the violation of a moving traffic violation under K.S.A. 8-2118, and amendments thereto, as defined by rules and regulations adopted under K.S.A. 8-249, and amendments thereto, whenever the prosecuting witness or defendant is adjudged to pay the costs in the action, a docket fee of $86 shall be charged. When an action is disposed of under K.S.A. 8-2118(a) and (b), and amendments thereto, the docket fee to be paid as court costs shall be $86.

(c) If a conviction is on more than one count, the docket fee shall be the highest one applicable to any one of the counts. The prosecuting witness or defendant, if assessed the costs, shall pay only one fee. Multiple defendants shall each pay one fee.

(d) Statutory charges made pursuant to the provisions of K.S.A. 20-362, and amendments thereto, shall be paid from the docket fee; the family violence and child abuse and neglect assistance and prevention fund fee shall be paid from criminal proceedings docket fees. All other fees and expenses to be assessed as additional court costs shall be approved by the court, unless specifically fixed by statute. Additional fees shall include, but are not limited to, fees for Kansas bureau of investigation forensic or laboratory analyses, fees for detention facility processing pursuant to K.S.A. 12-16,119, and amendments thereto, fees for the sexual assault evidence collection kit, fees for conducting an examination of a sexual assault victim, fees for service of process outside the state, witness fees, fees for transcripts and depositions, costs from other courts, doctors' fees and examination and evaluation fees. No sheriff in this state shall charge any district court of this state a fee or mileage for serving any paper or process.

(e) In each case charging a violation of the laws relating to parking of motor vehicles on the statehouse grounds or other state-owned or operated property in Shawnee county, Kansas, as specified in K.S.A. 75-4510a, and amendments thereto, or as specified in K.S.A. 75-4508, and amendments thereto, the clerk shall tax a fee of $2 which shall constitute the entire costs in the case, except that witness fees, mileage and expenses incurred in serving a warrant shall be in addition to the fee. Appearance bond for a parking violation of K.S.A. 75-4508 or 75-4510a, and amendments thereto, shall be $3, unless a warrant is issued. The judge may order the bond forfeited upon the defendant's failure to appear, and $2 of any bond so forfeited shall be regarded as court costs.

(f) Except as provided further, the docket fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for the docket fee. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $22 per docket fee, to fund the costs of non-judicial personnel.

History: L. 1974, ch. 168, § 9; L. 1975, ch. 218, § 2; L. 1976, ch. 163, § 28; L. 1977, ch. 145, § 2; L. 1982, ch. 167, § 2; L. 1982, ch. 116, § 7; L. 1984, ch. 148, § 2; L. 1984, ch. 39, § 45; L. 1985, ch. 106, § 2; L. 1986, ch. 146, § 3; L. 1987, ch. 134, § 5; L. 1989, ch. 239, § 6; L. 1990, ch. 134, § 1; L. 1992, ch. 315, § 8; L. 1993, ch. 291, § 217; L. 1994, ch. 335, § 5; L. 1996, ch. 214, § 37; L. 1998, ch. 155, § 4; L. 1999, ch. 127, § 11; L. 2000, ch. 177, § 5; L. 2003, ch. 101, § 9; L. 2004, ch. 95, § 2; L. 2006, ch. 195, § 14; L. 2006, ch. 218, § 2; L. 2007, ch. 195, § 17; L. 2008, ch. 95, § 8; L. 2009, ch. 116, § 15; L. 2009, ch. 143, § 14; L. 2010, ch. 62, § 7; L. 2010, ch. 155, § 11; L. 2011, ch. 87, § 7; L. 2012, ch. 66, § 7; L. 2013, ch. 125, § 7; L. 2014, ch. 82, § 27; L. 2015, ch. 81, § 13; L. 2017, ch. 80, § 9; L. 2019, ch. 58, § 10; July 1.

Notes of Decisions
Cited in 25 cases (14 in the last 5 years), 1983–2026 · leading case: State v. Alvarez, 432 P.3d 1015 (Kan. 2019).
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State v. Alvarez, 432 P.3d 1015 (Kan. 2019). · cites it 8× “22-3801 and K.S.A. 2017 Supp. 28-172a. With regard to his constitutional argument, the panel concluded that Alvarez had not preserved the issue in the district court, had failed to explain why the Court of Appeals should consider it for the first time on appeal, and had waived…”
State v. Gentry, 449 P.3d 429 (Kan. 2019). · cites it 2× “22-3801 and K.S.A. 2018 Supp. 28-172a. When a defendant is incarcerated, restitution is due upon sentencing only if the court orders a certain amount of money be withheld from the defendant's monthly prison account.”
State v. Phillips, 210 P.3d 93 (Kan. 2009). · cites it 4× “Docket fees are provided for in K.S.A. 2008 Supp. 28-172a, which states in part: “[Wjhenever the prosecuting witness or defendant is adjudged to pay the costs in a criminal proceeding in any county, a docket fee shall be taxed.”
State v. Goeller, 77 P.3d 1272 (Kan. 2003). · cites it 2× “Goeller claims his reading is consistent with K.S.A. 28-172a(c), which specifically states that the party to whom costs are assessed shall pay-only one docket fee per case, even if the case includes multiple counts.”
State v. Dean, 743 P.2d 98 (Kan. Ct. App. 1987). · cites it 4× “At the time the defendant was charged, the misdemeanor docket fee was $40, but by the time of his conviction, the amended version of K.S.A. 1982 Supp. 28-172a(a) had raised the fee to $84.”
State v. Waufle, 673 P.2d 109 (Kan. Ct. App. 1983). · cites it 5× “The 1981 statute, K.S.A. 28-172a(a) provided: “Except as otherwise provided in this section, whenever the prosecuting witness or defendant is adjudged to pay the costs in a criminal proceeding in any county, a docket fee shall be taxed as follows: Misdemeanor .”
State v. Lopez, 143 P.3d 695 (Kan. Ct. App. 2006). · cites it 2× “The pertinent provision states: “All other fees and expenses to be assessed as additional court costs shall be approved by the court, unless specifically fixed by statute.”
State v. Richardson, 224 P.3d 553 (Kan. 2010). “8-2118(e), relating to a uniform fine schedule for traffic infractions; and K.S.A. 28-172a(b), relating to docket fees.”
State v. Douglas, 279 P.3d 133 (Kan. Ct. App. 2012). “See K.S.A. 28-172a. The record is silent as to when or how Douglas may have obtained this information regarding his court costs.”
State v. Cox, 42 P.3d 182 (Kan. Ct. App. 2002). “Based upon the record, Van Loenen’s attorney did not act as prosecutor, assistant prosecutor, or special prosecutor, and the State’s attorney did not relinquish his prosecutorial duties to Van Loenen’s attorney.”
State v. Younger, 556 P.3d 838 (Kan. 2024). “22-3801 and K.S.A. 28-172a. Restitution is for damages to victims of crimes and may not include various other costs and fees.”
State v. Younger, 564 P.3d 744 (Kan. 2025). “22-3801 and K.S.A. 28-172a. Restitution is for damages to victims of crimes and may not include various other costs and fees.”
Show all 25 citing cases →
— K.S.A. § 28-172a(a) — 5 cases
State v. Alvarez, 432 P.3d 1015 (Kan. 2019). “22-3801 and K.S.A. 2017 Supp. 28-172a. With regard to his constitutional argument, the panel concluded that Alvarez had not preserved the issue in the district court, had failed to explain why the Court of Appeals should consider it for the first time on appeal, and had waived…”
State v. Dean, 743 P.2d 98 (Kan. Ct. App. 1987). “At the time the defendant was charged, the misdemeanor docket fee was $40, but by the time of his conviction, the amended version of K.S.A. 1982 Supp. 28-172a(a) had raised the fee to $84.”
State v. Waufle, 673 P.2d 109 (Kan. Ct. App. 1983). “The 1981 statute, K.S.A. 28-172a(a) provided: “Except as otherwise provided in this section, whenever the prosecuting witness or defendant is adjudged to pay the costs in a criminal proceeding in any county, a docket fee shall be taxed as follows: Misdemeanor .”
State v. Aguilar (Kan. Ct. App. 2026).
State v. Walker (Kan. Ct. App. 2026).
— K.S.A. § 28-172a(b) — 1 case
State v. Richardson, 224 P.3d 553 (Kan. 2010). “8-2118(e), relating to a uniform fine schedule for traffic infractions; and K.S.A. 28-172a(b), relating to docket fees.”
— K.S.A. § 28-172a(c) — 3 cases
State v. Goeller, 77 P.3d 1272 (Kan. 2003). “Goeller claims his reading is consistent with K.S.A. 28-172a(c), which specifically states that the party to whom costs are assessed shall pay-only one docket fee per case, even if the case includes multiple counts.”
State v. Waufle, 673 P.2d 109 (Kan. Ct. App. 1983). “The 1981 statute, K.S.A. 28-172a(a) provided: “Except as otherwise provided in this section, whenever the prosecuting witness or defendant is adjudged to pay the costs in a criminal proceeding in any county, a docket fee shall be taxed as follows: Misdemeanor .”
State v. Aguilar (Kan. Ct. App. 2026).
— K.S.A. § 28-172a(d) — 14 cases
State v. Alvarez, 432 P.3d 1015 (Kan. 2019). “22-3801 and K.S.A. 2017 Supp. 28-172a. With regard to his constitutional argument, the panel concluded that Alvarez had not preserved the issue in the district court, had failed to explain why the Court of Appeals should consider it for the first time on appeal, and had waived…”
State v. Gentry, 449 P.3d 429 (Kan. 2019). “22-3801 and K.S.A. 2018 Supp. 28-172a. When a defendant is incarcerated, restitution is due upon sentencing only if the court orders a certain amount of money be withheld from the defendant's monthly prison account.”
State v. Lopez, 143 P.3d 695 (Kan. Ct. App. 2006). “The pertinent provision states: “All other fees and expenses to be assessed as additional court costs shall be approved by the court, unless specifically fixed by statute.”
State v. Cox, 42 P.3d 182 (Kan. Ct. App. 2002). “Based upon the record, Van Loenen’s attorney did not act as prosecutor, assistant prosecutor, or special prosecutor, and the State’s attorney did not relinquish his prosecutorial duties to Van Loenen’s attorney.”
State v. Dean, 743 P.2d 98 (Kan. Ct. App. 1987). “At the time the defendant was charged, the misdemeanor docket fee was $40, but by the time of his conviction, the amended version of K.S.A. 1982 Supp. 28-172a(a) had raised the fee to $84.”
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