(1)
(a)(I) A surcharge equal to thirty-seven percent of the fine imposed for each felony,
misdemeanor, or class 1 or class 2 misdemeanor traffic offense, or a surcharge of
one hundred sixty-three dollars for felonies, seventy-eight dollars for
misdemeanors, forty-six dollars for class 1 misdemeanor traffic offenses, and
thirty-three dollars for class 2 misdemeanor traffic offenses, whichever amount is
greater, except as otherwise provided in subsection (1)(b) of this section, is levied on
each criminal action resulting in a conviction or in a deferred judgment and
sentence, as provided in section 18-1.3-102, which criminal action is charged
pursuant to state statute. The defendant shall pay these surcharges to the clerk of
the court. Each clerk shall transmit the money to the co
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(1)
(a) (I) A surcharge equal to thirty-seven percent of the fine imposed for each felony,
misdemeanor, or class 1 or class 2 misdemeanor traffic offense, or a surcharge of
one hundred sixty-three dollars for felonies, seventy-eight dollars for
misdemeanors, forty-six dollars for class 1 misdemeanor traffic offenses, and
thirty-three dollars for class 2 misdemeanor traffic offenses, whichever amount is
greater, except as otherwise provided in subsection (1)(b) of this section, is levied on
each criminal action resulting in a conviction or in a deferred judgment and
sentence, as provided in section 18-1.3-102, which criminal action is charged
pursuant to state statute. The defendant shall pay these surcharges to the clerk of
the court. Each clerk shall transmit the money to the court administrator of the
judicial district in which the offense occurred for credit to the victims and witnesses
assistance and law enforcement fund established in that judicial district.
(II) (A) In addition to any other surcharge provided for in this section, a
surcharge of one thousand three hundred dollars shall be 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., which criminal action is charged pursuant to the
statutes listed in sub-subparagraph (B) of this subparagraph (II). These surcharges
shall be paid to the clerk of the court by the defendant. Any moneys collected by
the clerk pursuant to this subparagraph (II) shall be transmitted to the court
administrator of the judicial district in which the offense occurred for credit to the
victims and witnesses assistance and law enforcement fund established in that
judicial district.
(B) The surcharge in sub-subparagraph (A) of this subparagraph (II) shall
apply to charges brought pursuant to the following sections: 18-3-305, 18-3-402,
18-3-403, as it existed prior to July 1, 2000, 18-3-404, 18-3-405, 18-3-405.3, 18-3-405.5, 18-3-503, 18-3-504, 18-6-301, 18-6-302, 18-6-403, 18-6-404, 18-7-302, 18-7-402, 18-7-405, 18-7-405.5, and 18-7-406, C.R.S., or any attempt to commit any of
these crimes.
(C) (Deleted by amendment, L. 93, p. 2054, � 5, effective June 9, 1993.)
(b) (I) A surcharge shall be levied against a penalty assessment imposed for
a violation of a class A or class B traffic infraction or class 1 or class 2 misdemeanor
traffic offense pursuant to section 42-4-1701, C.R.S. The amount of such surcharge
shall be one half of the amount specified in the penalty and surcharge schedule in
section 42-4-1701 (4), C.R.S., or, if no amount is specified, thirty-seven percent of
the penalty imposed. All moneys collected by the department of revenue pursuant
to this subparagraph (I) shall be transmitted to the court administrator of the
judicial district in which the infraction occurred for credit to the victims and
witnesses assistance and law enforcement fund established in that judicial district
as provided in section 42-1-217, C.R.S. Surcharges paid to the clerk of the court
pursuant to this subparagraph (I) shall be transmitted to the court administrator of
the judicial district in which the offense was committed for credit to the victims and
witnesses assistance and law enforcement fund established in that judicial district.
(II) A surcharge shall be levied against all penalty assessments issued
pursuant to section 33-6-104, C.R.S., in an amount equal to thirty-seven percent of
the penalty imposed. Any moneys collected by the division of parks and wildlife
pursuant to this subparagraph (II) shall be transmitted to the court administrator of
the judicial district in which the offense was committed for credit to the victims and
witnesses assistance and law enforcement fund established in that judicial district.
(III) A surcharge of eight dollars is levied against each penalty imposed for
violation of a civil infraction pursuant to section 16-2.3-101. The clerk of the court
shall transmit all money collected to the court administrator of the judicial
department in which the offense occurred for credit to the victims and witnesses
assistance and law enforcement fund established in that judicial district.
(c) All calculated surcharge amounts resulting in dollars and cents shall be
rounded down to the nearest whole dollar. The surcharge levied by this section may
not be suspended or waived by the court unless the court determines that the
defendant is indigent.
(d) The surcharges levied pursuant to this subsection (1) are separate and
distinct from costs levied pursuant to section 24-4.1-119 for the crime victim
compensation fund.
(1.5) Repealed.
(2) The provisions of sections 18-1.3-701 and 18-1.3-702, C.R.S., shall be
applicable to the collection of costs levied pursuant to this section.
Source: L. 84: Entire article added, p. 662, � 22, effective July 1. L. 85: (1)(a)
amended and (1)(b) R&RE, pp. 795, 796, �� 2, 3, effective July 1. L. 86: (1)(b)(I)
amended, p. 1193, � 3, effective July 1. L. 87: (1) amended, p. 1497, � 7, effective July
1. L. 90: (1)(a) and (1)(c) amended, p. 1181, � 5, effective July 1. L. 91: (1)(a) and (1)(b)(I)
amended, p. 241, � 1, effective July 1. L. 93: (1)(a)(I) and (1)(a)(II) amended, pp. 2053,
2054, �� 4, 5, effective June 9. L. 94: (1)(b)(I) amended, p. 2555, � 52, effective
January 1, 1995. L. 96: (1)(a)(I) amended, p. 1695, � 36, effective January 1, 1997. L.
97: (1)(a)(II)(B) amended, p. 1547, � 21, effective July 1. L. 2000: (1)(a)(II)(B) amended,
p. 707, � 35, effective July 1. L. 2002: (1)(a)(I), (1)(a)(II)(A), and (2) amended, p. 1530, �
241, effective October 1. L. 2003: (1)(a)(I), (1)(a)(II)(A), and (1)(b)(I) amended, p. 1542, �
2, effective May 1. L. 2007: (1)(a)(I), (1)(a)(II)(A), and (1)(b)(I) amended and (1.5) added,
p. 1112, � 3, effective July 1. L. 2010: (1)(a)(II)(B) amended, (SB 10-140), ch. 156, p. 540,
� 12, effective April 21. L. 2014: (1)(a)(II)(B) amended, (HB 14-1273), ch. 282, p. 1157, �
24, effective July 1. L. 2021: (1)(a)(I) amended, (HB 21-1315), ch. 461, p. 3109, � 7,
effective July 6; (1)(a)(I) amended, (SB 21-059), ch. 136, p. 744, � 111, effective
October 1. L. 2022: (1)(b)(III) added, (HB 22-1229), ch. 68, p. 346, � 29, effective
March 1.