(1)There is created in the
state treasury the offender identification fund, referred to in this section as the
fund. The fund consists of costs and surcharges levied pursuant to this section
and payments for genetic testing received from offenders pursuant to sections 16-11-102.4 and 19-2.5-1119. Subject to annual appropriations by the general assembly,
the executive director and the state court administrator are authorized to expend
money in the fund to pay for genetic testing of offenders pursuant to sections 16-11-102.4 and 18-1.3-407. At the end of any fiscal year, all unexpended and
unencumbered money remains in the fund and shall not be credited or transferred
to the general fund or any other fund.
(2)(Deleted by amendment, L. 2006, p. 1692, � 14, effective July 1, 2007.)
Free access — add to your briefcase to read the full text and ask questions with AI
(1) There is created in the
state treasury the offender identification fund, referred to in this section as the
fund. The fund consists of costs and surcharges levied pursuant to this section
and payments for genetic testing received from offenders pursuant to sections 16-11-102.4 and 19-2.5-1119. Subject to annual appropriations by the general assembly,
the executive director and the state court administrator are authorized to expend
money in the fund to pay for genetic testing of offenders pursuant to sections 16-11-102.4 and 18-1.3-407. At the end of any fiscal year, all unexpended and
unencumbered money remains in the fund and shall not be credited or transferred
to the general fund or any other fund.
(2) (Deleted by amendment, L. 2006, p. 1692, � 14, effective July 1, 2007.)
(3) (a) A cost of two dollars and fifty cents is hereby levied on each criminal
action resulting in a conviction or in a deferred judgment and sentence, as provided
in section 18-1.3-102, C.R.S., for a felony, a misdemeanor, or misdemeanor traffic
offense, charged pursuant to state statute. The defendant shall pay the costs to the
clerk of the court. Each clerk shall transmit the moneys to the state treasurer, who
shall credit the same to the fund.
(b) The provisions of sections 18-1.3-701 and 18-1.3-702, C.R.S., shall apply to
the collection of costs levied pursuant to this subsection (3).
(4) A surcharge of two dollars and fifty cents is hereby levied against each
penalty assessment notice issued pursuant to section 42-4-1701, C.R.S., for a
misdemeanor or a class 1 or class 2 misdemeanor traffic offense under state
statute that results in payment of the penalty assessment without the
commencement of a criminal action. All moneys collected by the department of
revenue pursuant to this subsection (4) shall be transmitted to the state treasurer,
who shall credit the same to the fund.
(5) A cost of two dollars and fifty cents is hereby levied against each civil
action resulting in an admission of liability or a judgment against the defendant for
a class A or class B traffic infraction charged pursuant to state statute. The
defendant shall pay the cost to the clerk of the court. Each clerk shall transmit the
moneys to the state treasurer, who shall credit the same to the fund.
(6) A surcharge of two dollars and fifty cents is hereby levied against each
penalty assessment notice issued pursuant to section 42-4-1701, C.R.S., for a class
A or class B traffic infraction under state statute that results in payment of the
penalty assessment without the commencement of a civil action. All moneys
collected by the department of revenue pursuant to this subsection (6) shall be
transmitted to the state treasurer, who shall credit the same to the fund.
(7) A surcharge of two dollars and fifty cents is hereby levied against each
penalty assessment issued pursuant to section 33-6-104 or 33-15-102, C.R.S., that
results in payment of the penalty assessment without the commencement of a
criminal action. All moneys collected by the division of parks and wildlife in the
department of natural resources pursuant to this subsection (7) shall be
transmitted to the state treasurer, who shall credit the same to the fund.
(8) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1389, � 14,
effective July 1, 2011.)
(9) The court may waive a cost or surcharge levied pursuant to this section if
the court determines the defendant is indigent.
(10) A surcharge of two dollars and fifty cents is levied against each civil
action resulting in an admission of liability or a judgment against the defendant for
a civil infraction charged pursuant to state statute. The defendant shall pay the
surcharge to the clerk of the court. Each clerk shall transmit the money to the state
treasurer, who shall credit the same to the fund.
(11) A surcharge of two dollars and fifty cents is levied against each penalty
assessment notice issued pursuant to section 16-2.3-102 for a civil infraction
pursuant to state statute that results in payment of the penalty assessment without
the commencement of a civil action. All money collected by the clerk of the court
pursuant to this subsection (11) shall be transmitted to the state treasurer, who
shall credit the same to the fund.
Source: L. 99: Entire section added, p. 1169, � 3, effective July 1. L. 2000: Entire section amended, p. 1266, � 3, effective May 26; entire section amended, p.
1026, � 4, effective July 1. L. 2002: Entire section amended, p. 1155, � 14, effective
July 1. L. 2006: Entire section amended, p. 1692, � 14, effective July 1, 2007. L. 2007: (1) amended, p. 2035, � 52, effective June 1. L. 2009: Entire section amended, (SB
09-241), ch. 295, p. 1578, � 5, effective July 1. L. 2011: (7) and (8) amended, (SB 11-208), ch. 293, p. 1389, � 14, effective July 1. L. 2021: (1) amended, (HB 21-1315), ch.
461, p. 3112, � 15, effective July 6; (1) amended, (SB 21-059), ch. 136, p. 744, � 113,
effective October 1. L. 2022: (10) and (11) added, (HB 22-1229), ch. 68, p. 346, � 30,
effective March 1.