§ 24-1-2-9 — Costs of proceedings

Whenever an information is filed by the attorney
general or by any prosecuting attorney, such officer shall not be liable
for costs; but when it is filed upon the relation of a private person, the
officer shall be liable for costs unless the same are adjudged against the
defendant. In all proceedings instituted under the provisions of this
chapter by the attorney general or by the prosecuting attorney on the
order and direction of the court, the attorney general, or the governor,
all necessary costs and expenses of the prosecution shall be paid out of
moneys in the state treasury not otherwise appropriated if such costs
cannot be collected from the defendant or defendants, in case judgment
be rendered against such defendant or defendants, and it shall be the
duty of the state comptroller, upon receipt from the attorney general of
a statement of the costs and expenses of any such prosecution, to draw
the state comptroller's warrant upon the treasurer of state for the
amount so certified. However, the attorney general shall not involve the
state in any extraordinary expense for experts or other assistants
without first obtaining the consent of the governor, and twenty
thousand dollars ($20,000) is appropriated biennially from any funds
of the state not otherwise appropriated to defray the expenses of such
prosecutions by the attorney general. Such prosecuting attorney shall
also be allowed by the court trying such cause reasonable
compensation for the prosecuting attorney's services, and such
allowances shall be paid as part of the costs and expenses of such
prosecution.
Formerly: Acts 1907, c.243, s.9. As amended by P.L.152-1986,
SEC.11; P.L.9-2024, SEC.445.