February 21, 2001





HOUSE BILL No. 1130

_____


DIGEST OF HB 1130 (Updated February 20, 2001 10:45 AM - DI 106)



Citations Affected: IC 33-19.

Synopsis: Court fees for document management. Allows a county, city with a city court, or town with a town court to impose a document storage fee or an automated record keeping fee, or both, in all civil, criminal, infraction, and ordinance violation cases. Provides that the fees are to be deposited in the clerk's record perpetuation fund.

Effective: July 1, 2001.





Kersey , Saunders




    January 9, 2001, read first time and referred to Committee on Judiciary.
    February 20, 2001, amended, reported _ Do Pass.







February 21, 2001

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1130



    A BILL FOR AN ACT to amend the Indiana Code concerning courts and court officers.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 33-19-5-1; (01)HB1130.1.1. -->     SECTION 1. IC 33-19-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) For each action that results in a felony conviction under IC 35-50-2 or a misdemeanor conviction under IC 35-50-3, the clerk shall collect from the defendant a criminal costs fee of one hundred twenty dollars ($120).
    (b) In addition to the criminal costs fee collected under this section, the clerk shall collect from the defendant the following fees if they are required under IC 33-19-6:
        (1) A document fee.
        (2) A marijuana eradication program fee.
        (3) An alcohol and drug services program user fee.
        (4) A law enforcement continuing education program fee.
        (5) A drug abuse, prosecution, interdiction, and correction fee.
        (6) An alcohol and drug countermeasures fee.
        (7) A child abuse prevention fee.
        (8) A domestic violence prevention and treatment fee.
        (9) A highway work zone fee.
        (10) A deferred prosecution fee (IC 33-19-6-16.2).
         (11) A document storage fee (IC 33-19-6-18).
        (12) An automated record keeping fee (IC 33-19-6-19).

    (c) Instead of the criminal costs fee prescribed by this section, the clerk shall collect a pretrial diversion program fee if an agreement between the prosecuting attorney and the accused person entered into under IC 33-14-1-7 requires payment of those fees by the accused person. The pretrial diversion program fee is:
        (1) an initial user's fee of fifty dollars ($50); and
        (2) a monthly user's fee of ten dollars ($10) for each month that the person remains in the pretrial diversion program.
    (d) The clerk shall transfer to the county auditor or city or town fiscal officer the following fees, within thirty (30) days after they are collected, for deposit by the auditor or fiscal officer in the appropriate user fee fund established under IC 33-19-8:
        (1) The pretrial diversion fee.
        (2) The marijuana eradication program fee.
        (3) The alcohol and drug services program user fee.
        (4) The law enforcement continuing education program fee.
    (e) Unless otherwise directed by a court, if a clerk collects only part of a criminal costs fee from a defendant under this section, the clerk shall distribute the partial payment of the criminal costs fee as follows:
        (1) First, the clerk shall apply the partial payment to general court costs.
        (2) Second, if there is money remaining after the partial payment is applied to general court costs under subdivision (1), the clerk shall distribute the partial payment for deposit in the appropriate county user fee fund.
        (3) Third, if there is money remaining after distribution under subdivision (2), the clerk shall distribute the partial payment for deposit in the state user fee fund.
        (4) Fourth, if there is money remaining after distribution under subdivision (3), the clerk shall distribute the partial payment to any other applicable user fee fund.
        (5) Fifth, if there is money remaining after distribution under subdivision (4), the clerk shall apply the partial payment to any outstanding fines owed by the defendant.
SOURCE: IC 33-19-5-2; (01)HB1130.1.2. -->     SECTION 2. IC 33-19-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (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 33-19-6:
        (1) A document fee.
        (2) An alcohol and drug services program user fee.
        (3) A law enforcement continuing education program fee.
        (4) An alcohol and drug countermeasures fee.
        (5) A highway work zone fee.
        (6) A deferred prosecution fee (IC 33-19-6-16.2).
         (7) A document storage fee (IC 33-19-6-18).
        (8) An automated record keeping fee (IC 33-19-6-19).

    (c) The clerk shall transfer to the county auditor or fiscal officer of the municipal corporation the following fees, within thirty (30) days after they are collected, for deposit by the auditor or fiscal officer in the user fee fund established under IC 33-19-8:
        (1) The alcohol and drug services program user fee.
        (2) The law enforcement continuing education program fee.
        (3) The deferral program fee.
    (d) The defendant is not liable for any ordinance violation costs fee in an action in which:
        (1) the defendant was charged with an ordinance violation subject to IC 33-6-3;
        (2) the defendant denied the violation under IC 33-6-3-2;
        (3) proceedings in court against the defendant were initiated under IC 34-28-5 (or IC 34-4-32 before its repeal); and
        (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), 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.
SOURCE: IC 33-19-5-3; (01)HB1130.1.3. -->     SECTION 3. IC 33-19-5-3 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) For each action filed under:
        (1) IC 31-34 or IC 31-37 (delinquent children and children in need of services); or
        (2) IC 31-14 (paternity);
the clerk shall collect a juvenile costs fee of one hundred twenty dollars ($120).
    (b) In addition to the juvenile costs fee collected under this section, the clerk shall collect the following fees if they are required under IC 33-19-6:
        (1) A document fee.
        (2) A marijuana eradication program fee.
        (3) An alcohol and drug services program user fee.
        (4) A law enforcement continuing education program fee.
        (5) An alcohol and drug countermeasures fee.
         (6) A document storage fee (IC 33-19-6-18).
        (7) An automated record keeping fee (IC 33-19-6-19).

    (c) The clerk shall transfer to the county auditor or city or town fiscal officer the following fees, within thirty (30) days after they are collected, for deposit by the auditor or fiscal officer in the appropriate user fee fund established under IC 33-19-8:
        (1) The marijuana eradication program fee.
        (2) The alcohol and drug services program user fee.
        (3) The law enforcement continuing education program fee.

SOURCE: IC 33-19-5-4; (01)HB1130.1.4. -->     SECTION 4. IC 33-19-5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) For each civil action except:
        (1) proceedings to enforce a statute defining an infraction under IC 34-28-5-4 (or IC 34-4-32-4 before its repeal);
        (2) proceedings to enforce an ordinance under IC 34-28-5-4 (or IC 34-4-32-4 before its repeal);
        (3) proceedings in juvenile court under IC 31-34 or IC 31-37;
        (4) proceedings in paternity under IC 31-14;
        (5) proceedings in small claims court under IC 33-11.6; and
        (6) proceedings in actions under section 6 of this chapter;
the clerk shall collect from the party filing the action a civil costs fee of one hundred dollars ($100), except as provided in subsection (b).
    (b) For each proceeding for the issuance of a protective order under IC 34-26-2:
        (1) the clerk shall initially collect thirty-five dollars ($35) of the civil costs fee from the party that filed the action or the court may waive the initial thirty-five dollars ($35) of the civil costs fee for

the party that filed the action; and
        (2) upon disposition of the protective order petition under IC 34-26-2, the court may order that:
            (A) the remainder of the civil costs fee, in the amount of sixty-five dollars ($65), be assessed against the respondent in the action as provided in IC 34-26-2-4 or against the party that filed the action; and
            (B) the initial thirty-five dollar ($35) civil costs fee be reimbursed by the respondent in the action to the party that filed the action or assessed against the respondent in the action as provided in IC 34-26-2-4.
    (c) In addition to the civil costs fee collected under this section, the clerk shall collect the following fees if they are required under IC 33-19-6:
        (1) A document fee.
        (2) A support and maintenance fee.
         (3) A document storage fee (IC 33-19-6-18).
        (4) An automated record keeping fee (IC 33-19-6-19).

SOURCE: IC 33-19-5-5; (01)HB1130.1.5. -->     SECTION 5. IC 33-19-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) For each small claims action the clerk shall collect from the party filing the action a small claims costs fee of thirty-five dollars ($35).
    (b) In addition to a small claims costs fee collected under this section, the clerk shall collect:
         (1) a document fee;
        (2) a document storage fee (IC 33-19-6-18); and
        (3) an automated record keeping fee (IC 33-19-6-19);

if it the collection is required under IC 33-19-6.
SOURCE: IC 33-19-5-6; (01)HB1130.1.6. -->     SECTION 6. IC 33-19-5-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 6. (a) Except as provided under subsection (c), for each action filed under:
        (1) IC 6-4.1-5 (determination of inheritance tax);
        (2) IC 29 (probate); and
        (3) IC 30 (trusts and fiduciaries);
the clerk shall collect from the party filing the action a probate costs fee of one hundred twenty dollars ($120).
    (b) In addition to the probate costs fee collected under this section, the clerk shall collect from the party filing the action:
         (1) a document fee;
        (2) a document storage fee (IC 33-19-6-18); and
        (3) an automated record keeping fee (IC 33-19-6-19);

if it the collection is required under IC 33-19-6.
    (c) A clerk may not collect a court costs fee for the filing of the following exempted actions:
        (1) Petition to open a safety deposit box.
        (2) Filing an inheritance tax return, unless proceedings other than the court's approval of the return become necessary.
        (3) Offering a will for probate under IC 29-1-7, unless proceedings other than admitting the will to probate become necessary.
SOURCE: IC 33-19-6-1.5; (01)HB1130.1.7. -->     SECTION 7. IC 33-19-6-1.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1.5. (a) Each clerk shall establish a clerk's record perpetuation fund. The clerk shall deposit in the fund all:
         (1) revenue received by the clerk for the transmitting of documents by facsimile machine to a person under IC 5-14-3;
        (2) document storage fees required under section 18 of this chapter; and
        (3) automated record keeping fees required under section 19 of this chapter.

    (b) The clerk may use any money in the fund for the following purposes:
        (1) The preservation of records.
        (2) The improvement of record keeping systems and equipment.
Money collected from the automated record keeping fee shall be kept in a separate account and used for the automation of court record keeping systems.
SOURCE: IC 33-19-6-18; (01)HB1130.1.8. -->     SECTION 8. IC 33-19-6-18 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 18. (a) This section applies to all civil, criminal, infraction, and ordinance violation actions.
    (b) The fiscal body of a county, a city with a city court, or a town with a town court may adopt an ordinance imposing a document storage fee in all cases described in subsection (a). The amount of the document storage fee may not exceed five dollars ($5). An ordinance adopted by the fiscal body of a county applies to all courts in the county other than a city or town court. An ordinance adopted by the fiscal body of a city or town applies only to a city or town court in the city or town adopting the ordinance.
    (c) If an ordinance is adopted under subsection (b), the clerk shall collect a document storage fee.

SOURCE: IC 33-19-6-19; (01)HB1130.1.9. -->     SECTION 9. IC 33-19-6-19 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 19. (a) This section applies to all civil, criminal,

infraction, and ordinance violation actions.
    (b) The fiscal body of a county, a city with a city court, or a town with a town court may adopt an ordinance imposing an automated record keeping fee in all cases described in subsection (a). The amount of the automated record keeping fee may not exceed five dollars ($5). An ordinance adopted by the fiscal body of a county applies to all courts in the county other than a city or town court. An ordinance adopted by the fiscal body of a city or town applies only to a city or town court in the city or town adopting the ordinance.
    (c) If an ordinance is adopted under subsection (b), the clerk shall collect an automated record keeping fee.