Indiana § 33-37-7-2 Circuit court clerk's distribution of fees

Indiana Statutes

§ 33-37-7-2 — Circuit court clerk's distribution of fees

Indiana·Art. 37 COURT FEES·Ch. 7 Distribution of Court Fees

(a)The clerk of a circuit court shall distribute semiannually to the state comptroller as the state share for deposit in the homeowner protection unit account established by IC 4-6-12-9 one hundred percent (100%) of the automated record keeping fees collected under IC 33-37-5-21 with respect to actions resulting in the accused person entering into a pretrial diversion program agreement under IC 33-39-1-8 or a deferral program agreement under IC 34-28-5-1 and for deposit in the state general fund seventy percent (70%) of the amount of fees collected under the following:

(1)IC 33-37-4-1(a) (criminal costs fees).

(2)IC 33-37-4-2(a) (infraction or ordinance violation costs fees).

(3)IC 33-37-4-3(a) (juvenile costs fees).

(4)IC 33-37-4-4(a) (civil costs fees).

(5)IC 33-37-4-6(a)(1)(A) (sm

Free access — add to your briefcase to read the full text and ask questions with AI

(a) The clerk of a circuit court shall distribute
semiannually to the state comptroller as the state share for deposit in
the homeowner protection unit account established by IC 4-6-12-9 one
hundred percent (100%) of the automated record keeping fees collected
under IC 33-37-5-21 with respect to actions resulting in the accused
person entering into a pretrial diversion program agreement under IC 33-39-1-8 or a deferral program agreement under IC 34-28-5-1 and for
deposit in the state general fund seventy percent (70%) of the amount
of fees collected under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-3(a) (juvenile costs fees).
(4) IC 33-37-4-4(a) (civil costs fees).
(5) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(6) IC 33-37-4-7(a) (probate costs fees).
(7) IC 33-37-5-17 (deferred prosecution fees).
(b) The clerk of a circuit court shall distribute semiannually to the
state comptroller for deposit in the state user fee fund established in IC 33-37-9-2 the following:
(1) Twenty-five percent (25%) of the drug abuse, prosecution,
interdiction, and correction fees collected under IC 33-37-4-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
(3) One hundred percent (100%) of the child abuse prevention
fees collected under IC 33-37-4-1(b)(7).
(4) One hundred percent (100%) of the domestic violence
prevention and treatment fees collected under IC 33-37-4-1(b)(8).
(5) One hundred percent (100%) of the highway worksite fees
collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
(6) Seventy-five percent (75%) of the safe schools fee collected
under IC 33-37-5-18.
(7) One hundred percent (100%) of the automated record keeping
fee collected under IC 33-37-5-21 not distributed under
subsection (a).
(c) The clerk of a circuit court shall distribute monthly to the county
auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution,
interdiction, and correction fees collected under IC 33-37-4-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
The county auditor shall deposit fees distributed by a clerk under this
subsection into the county drug free community fund established under
IC 5-2-11.
(d) The clerk of a circuit court shall distribute monthly to the county
auditor one hundred percent (100%) of the late payment fees collected
under IC 33-37-5-22. The county auditor shall deposit fees distributed
by a clerk under this subsection as follows:
(1) If directed to do so by an ordinance adopted by the county
fiscal body, the county auditor shall deposit forty percent (40%)
of the fees in the clerk's record perpetuation fund established
under IC 33-37-5-2 and sixty percent (60%) of the fees in the
county general fund.
(2) If the county fiscal body has not adopted an ordinance
described in subdivision (1), the county auditor shall deposit all
the fees in the county general fund.
(e) The clerk of the circuit court shall distribute semiannually to the
state comptroller for deposit in the sexual assault victims assistance
fund established by IC 5-2-6-23(d) one hundred percent (100%) of the
sexual assault victims assistance fees collected under IC 33-37-5-23.
(f) The clerk of a circuit court shall distribute monthly to the county
auditor the following:
(1) One hundred percent (100%) of the support and maintenance
fees for cases designated as non-Title IV-D child support cases in
the Indiana support enforcement tracking system (ISETS) or the
successor statewide automated support enforcement system
collected under IC 33-37-5-6.
(2) The percentage share of the support and maintenance fees for
cases designated as Title IV-D child support cases in ISETS or the
successor statewide automated support enforcement system
collected under IC 33-37-5-6 that is reimbursable to the county at
the federal financial participation rate.
The county clerk shall distribute monthly to the department of child
services the percentage share of the support and maintenance fees for
cases designated as Title IV-D child support cases in ISETS, or the
successor statewide automated support enforcement system, collected
under IC 33-37-5-6 that is not reimbursable to the county at the
applicable federal financial participation rate.
(g) The clerk of a circuit court shall distribute monthly to the county
auditor the following:
(1) One hundred percent (100%) of the small claims service fee
under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2) for deposit in
the county general fund.
(2) One hundred percent (100%) of the small claims garnishee
service fee under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3) for
deposit in the county general fund.
(3) Twenty-five percent (25%) of the safe schools fee collected
under IC 33-37-5-18 for deposit in the county general fund.
(h) This subsection does not apply to court administration fees
collected in small claims actions filed in a court described in IC 33-34.
The clerk of a circuit court shall semiannually distribute to the state
comptroller for deposit in the state general fund one hundred percent
(100%) of the following:
(1) The public defense administration fee collected under IC 33-37-5-21.2.
(2) The judicial salaries fees collected under IC 33-37-5-26.
(3) The DNA sample processing fees collected under IC 33-37-5-26.2.
(4) The court administration fees collected under IC 33-37-5-27.
(5) The judicial insurance adjustment fee collected under IC 33-37-5-25.
(i) The proceeds of the service fee collected under IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed as follows:
(1) The clerk shall distribute one hundred percent (100%) of the
service fees collected in a circuit, superior, county, or probate
court to the county auditor for deposit in the county general fund.
(2) The clerk shall distribute one hundred percent (100%) of the
service fees collected in a city or town court to the city or town
fiscal officer for deposit in the city or town general fund.
(j) The proceeds of the garnishee service fee collected under IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as follows:
(1) The clerk shall distribute one hundred percent (100%) of the
garnishee service fees collected in a circuit, superior, county, or
probate court to the county auditor for deposit in the county
general fund.
(2) The clerk shall distribute one hundred percent (100%) of the
garnishee service fees collected in a city or town court to the city
or town fiscal officer for deposit in the city or town general fund.
(k) The clerk of the circuit court shall distribute semiannually to the
state comptroller for deposit in the home ownership education account
established by IC 5-20-1-27 one hundred percent (100%) of the
following:
(1) The mortgage foreclosure counseling and education fees
collected under IC 33-37-5-33 (before its expiration on July 1,
2017).
(2) Any civil penalties imposed and collected by a court for a
violation of a court order in a foreclosure action under IC 32-30-10.5.
(l) The clerk of a circuit court shall distribute semiannually to the
state comptroller for deposit in the pro bono legal services fund
established by IC 33-37-5-34 one hundred percent (100%) of the pro
bono legal services fees collected under IC 33-37-5-31.
[Pre-2004 Recodification Citation: 33-19-7-1.]

Indiana § 33-37-7-2 (Circuit court clerk's distribution of fees) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004, SEC.25; P.L.95-2004, SEC.13; P.L.2-2005, SEC.108; P.L.176-2005, SEC.16; P.L.126-2006, SEC.3; P.L.174-2006, SEC.16; P.L.104-2008, SEC.5; P.L.122-2008, SEC.4; P.L.105-2009, SEC.24; P.L.182-2009(ss), SEC.395; P.L.170-2011, SEC.14; P.L.229-2011, SEC.260; P.L.128-2012, SEC.182; P.L.136-2012, SEC.18; P.L.231-2013, SEC.14; P.L.284-2013, SEC.6; P.L.247-2015, SEC.38; P.L.213-2015, SEC.259; P.L.77-2016, SEC.2; P.L.85-2017, SEC.111; P.L.39-2017, SEC.7; P.L.30-2019, SEC.20; P.L.144-2019, SEC.18; P.L.156-2020, SEC.124; P.L.165-2021, SEC.193; P.L.174-2022, SEC.65; P.L.120-2023, SEC.9; P.L.201-2023, SEC.260; P.L.9-2024, SEC.510; P.L.106-2025, SEC.7.