Section 33-37-7-8 - City or town court clerk's and fiscal officer's distribution of fees(a) The clerk of a city or town 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 fifty-five percent (55%) 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 33-37-4-4(a) (civil costs fees).(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).(5) IC 33-37-5-17 (deferred prosecution fees).(b) The city or town fiscal officer shall distribute monthly to the county auditor as the county share twenty percent (20%) 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 33-37-4-4(a) (civil costs fees).(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).(5) IC 33-37-5-17 (deferred prosecution fees).(c) The city or town fiscal officer shall retain twenty-five percent (25%) as the city or town share of the 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 33-37-4-4(a) (civil costs fees).(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).(5) IC 33-37-5-17 (deferred prosecution fees).(d) The clerk of a city or town court shall distribute semiannually to the state comptroller for deposit in the state user fee fund established in IC 33-37-9 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 highway worksite fees collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).(4) Seventy-five percent (75%) of the safe schools fee collected under IC 33-37-5-18.(5) One hundred percent (100%) of the automated record keeping fee collected under IC 33-37-5-21 not distributed under subsection (a).(e) The clerk of a city or town 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.
(f) The clerk of a city or town court shall distribute monthly to the city or town fiscal officer (as defined in IC 36-1-2-7) one hundred percent (100%) of the following: (1) The late payment fees collected under IC 33-37-5-22.(2) The small claims service fee collected under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2).(3) The small claims garnishee service fee collected under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3).(4) Twenty-five percent (25%) of the safe schools fee collected under IC 33-37-5-18. The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit fees distributed by a clerk under this subsection in the city or town general fund.
(g) The clerk of a city or town 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 DNA sample processing fees collected under IC 33-37-5-26.2.(3) The court administration fees collected under IC 33-37-5-27.(4) The judicial insurance adjustment fee collected under IC 33-37-5-25.(h) The clerk of a city or town court shall semiannually distribute to the state comptroller for deposit in the state general fund seventy-five percent (75%) of the judicial salaries fee collected under IC 33-37-5-26. The city or town fiscal officer shall retain twenty-five percent (25%) of the judicial salaries fee collected under IC 33-37-5-26. The funds retained by the city or town shall be prioritized to fund city or town court operations.(i) The clerk of a city or town 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 before July 1, 2025, under IC 33-37-5-31.Pre-2004 Recodification Citation: 33-19-7-4.
Amended by P.L. 9-2024,SEC. 511, eff. 7/1/2024.Amended by P.L. 201-2023,SEC. 261, eff. 7/1/2023.Amended by P.L. 120-2023,SEC. 10, eff. 7/1/2023.Amended by P.L. 174-2022,SEC. 66, eff. 7/1/2022.Amended by P.L. 165-2021,SEC. 194, eff. 7/1/2021.Amended by P.L. 144-2019,SEC. 19, eff. 7/1/2019.Amended by P.L. 39-2017,SEC. 8, eff. 6/30/2017.Amended by P.L. 213-2015, SEC. 260, eff. 7/1/2015.Amended by P.L. 136-2012, SEC. 19, eff. 7/1/2012.As added by P.L. 98-2004, SEC.16. Amended by P.L. 85-2004, SEC.27; P.L. 95-2004, SEC.15; P.L. 2-2005, SEC.109; P.L. 176-2005, SEC.17; P.L. 174-2006, SEC.17; P.L. 224-2007, SEC.120; P.L. 182-2009 (ss), SEC.396.