§ 40-25-135 — Remission and distribution of costs collected

(a) In all cases where the jailer, sheriff, workhouse keeper or any person or officer, other than the clerk of the circuit or criminal court of any county, collects from a defendant or surety all or any part of the costs, fees, taxes and expense fees, shown upon the mittimus issued by any circuit, criminal or other court, the officer shall on or before the fifteenth day of the month immediately following the month during which the collections are made, report and remit the collections to the clerk of the criminal court in counties having a criminal court, and to the clerk of the circuit court in all other counties, and it is the duty of the clerk to distribute the costs, taxes and expense fees among the state, county and officers entitled to them. (b) All state taxes, district attorney general fees, expense fees, fines in felony cases and all costs which have been previously paid by the state to officers entitled thereto shall be reported by the clerk to the commissioner of revenue and paid to the state. (c) All county taxes, expense fees, fines in misdemeanor cases and costs that have been previously paid by the county shall be reported to the county mayor and paid to the county trustee. (d) All costs belonging to officers that have not been paid either by the state or county shall be paid to the officers entitled to the costs. (e) Where only a part of the whole of the fine, costs, taxes and expense fees is collected, that proportion that is collected shall be distributed to the state, county and officers in proportion to their respective interests in the whole amount originally due.

Legislative History

Acts 1921, ch. 116, § 1; Shan. Supp., § 7610a1; Code 1932, § 12238; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1978, ch. 934, §§16, 36; modified; T.C.A. (orig. ed.), §40-3342; Acts 2003 , ch. 90, § 2.