§ 34-28-5-5 — Costs; deposit of funds; findings required for judgment

Indiana § 34-28-5-5

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 28: SPECIAL PROCEEDINGS: MISCELLANEOUS
• Ch. 5: Infraction and Ordinance Violation Enforcement

Text

(a) A defendant against whom a judgment is
entered is liable for costs. Costs are part of the judgment and may not
be suspended except under IC 9-30-3-12. Whenever a judgment is
entered against a person for the commission of two (2) or more civil
violations (infractions or ordinance violations), the court may waive the
person's liability for costs for all but one (1) of the violations. This
subsection does not apply to judgments entered for violations
constituting:
(1) Class D infractions; or
(2) Class C infractions for unlawfully parking in a space reserved
for a person with a physical disability under IC 5-16-9-5 or IC 5-16-9-8.
(b) If a judgment is entered:
(1) for a violation constituting:
(A) a Class D infraction; or
(B) a Class C infraction for unlawfully parking in a space
reserved for a person with a physical disability under IC 5-16-9-5 or IC 5-16-9-8; or
(2) in favor of the defendant in any case;
the defendant is not liable for costs.
(c) Except for costs, and except as provided in subsections (e) and
(f) and IC 9-21-5-11(e), the funds collected as judgments for violations
of statutes defining infractions shall be deposited in the state general
fund.
(d) A judgment may be entered against a defendant under this
section or section 4 of this chapter upon a finding by the court that the
defendant:
(1) violated:
(A) a statute defining an infraction; or
(B) an ordinance; or
(2) consents to entry of judgment for the plaintiff upon a pleading
of nolo contendere for a moving traffic violation.
(e) The funds collected for an infraction judgment described in
section 4(h) of this chapter shall be transferred to a dedicated county
fund. The money in the dedicated county fund does not revert to the
county general fund or state general fund and may be used, after
appropriation by the county fiscal body, only for the following
purposes:
(1) To pay compensation of commissioners appointed under IC 33-33-49.
(2) To pay costs of the county's guardian ad litem program.
(f) The funds collected for an infraction judgment described in
section 4(i) of this chapter shall be transferred to a dedicated toll
revenue fund created as part of a project that is located within a
metropolitan planning area (as defined by 23 U.S.C. 134) and that
connects the state of Indiana with the commonwealth of Kentucky. The
money in the fund does not revert to the county general fund or state
general fund and may be used only to pay the cost of operating,
maintaining, and repairing the tolling system for a project that is
located within a metropolitan planning area (as defined by 23 U.S.C.
134) and that connects the state of Indiana with the commonwealth of
Kentucky, including major repairs, replacements, and improvements.
[Pre-1998 Recodification Citations: 34-4-32-4(f);
34-4-32-4(g); 34-4-32-4(i); 34-4-32-4(j).]

Legislative History

As added by P.L.1-1998, SEC.24. Amended by P.L.40-2007, SEC.7; P.L.71-2010, SEC.4; P.L.106-2010, SEC.8; P.L.146-2016, SEC.18; P.L.19-2023, SEC.5; P.L.173-2025, SEC.34.