§ 33-37-4-2 — Infraction or ordinance violation costs fee; additional fees

Indiana § 33-37-4-2

• Jurisdiction: Indiana
• Art. 37: COURT FEES
• Ch. 4: Collection of Court Cost Fees

Text

(a) Except as provided in subsections (d) and
(e), for each action that results in a judgment:
(1) for a violation constituting an infraction; or
(2) for a violation of an ordinance of a municipal corporation (as
defined in IC 36-1-2-10);
the clerk shall collect from the defendant an infraction or ordinance
violation costs fee of seventy dollars ($70).
(b) In addition to the infraction or ordinance violation costs fee
collected under this section, the clerk shall collect from the defendant
the following fees, if they are required under IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).
(2) An alcohol and drug services program fee (IC 33-37-5-8(b)).
(3) A law enforcement continuing education program fee (IC 33-37-5-8(c)).
(4) An alcohol and drug countermeasures fee (IC 33-37-5-10).
(5) A highway worksite fee (IC 33-37-5-14).
(6) A deferred prosecution fee (IC 33-37-5-17).
(7) A jury fee (IC 33-37-5-19).
(8) A document storage fee (IC 33-37-5-20).
(9) An automated record keeping fee (IC 33-37-5-21).
(10) A late payment fee (IC 33-37-5-22).
(11) A public defense administration fee (IC 33-37-5-21.2).
(12) A judicial insurance adjustment fee (IC 33-37-5-25).
(13) A judicial salaries fee (IC 33-37-5-26).
(14) A court administration fee (IC 33-37-5-27).
(15) A DNA sample processing fee (IC 33-37-5-26.2).
(c) The clerk shall transfer to the county auditor or fiscal officer of
the municipal corporation the following fees, not later than thirty (30)
days after the fees are collected:
(1) The alcohol and drug services program fee (IC 33-37-5-8(b)).
(2) The law enforcement continuing education program fee (IC 33-37-5-8(c)).
(3) The deferral program fee (subsection (e)).
The auditor or fiscal officer shall deposit the fees in the user fee fund
established under IC 33-37-8.
(d) The defendant is not liable for any ordinance violation costs fee
in an action if all the following apply:
(1) The defendant was charged with an ordinance violation
subject to IC 33-36.
(2) The defendant denied the violation under IC 33-36-3.
(3) Proceedings in court against the defendant were initiated
under IC 34-28-5 (or IC 34-4-32 before its repeal).
(4) The defendant was tried and the court entered judgment for
the defendant for the violation.
(e) Instead of the infraction or ordinance violation costs fee
prescribed by subsection (a), except for the automated record keeping
fee (IC 33-37-5-21), the clerk shall collect a deferral program fee if an
agreement between a prosecuting attorney or an attorney for a
municipal corporation and the person charged with a violation entered
into under IC 34-28-5-1 (or IC 34-4-32-1 before its repeal) requires
payment of those fees by the person charged with the violation. The
deferral program fee is:
(1) an initial user's fee not to exceed fifty-two dollars ($52); and
(2) a monthly user's fee not to exceed ten dollars ($10) for each
month the person remains in the deferral program.
(f) The fees prescribed by this section are costs for purposes of IC 34-28-5-5 and may be collected from a defendant against whom
judgment is entered. Any penalty assessed is in addition to costs.
[Pre-2004 Recodification Citations: 33-19-4-2;
33-19-5-2.]

Legislative History

As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004, SEC.17; P.L.95-2004, SEC.5; P.L.2-2005, SEC.101; P.L.176-2005, SEC.5; P.L.182-2009(ss), SEC.393; P.L.85-2017, SEC.109; P.L.120-2023, SEC.7.