Introduced Version
HOUSE BILL No. 1515
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 33-4-3-10
;
IC 33-5-2-7
; IC 33-19.
Synopsis: Court fees. Reduces the deposit that must be made to
transfer a case from a small claims docket to a plenary docket from $70
to $65. Establishes a $2 document management fee to be collected in
all civil and criminal cases. Provides that money in a clerk's record
perpetuation fund may be used for any document management purpose.
Effective: July 1, 2001.
Richardson
January 11, 2001, read first time and referred to Committee on Courts and Criminal Code.
Introduced
First Regular Session 112th General Assembly (2001)
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HOUSE BILL No. 1515
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 33-4-3-10; (01)IN1515.1.1. -->
SECTION 1.
IC 33-4-3-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. (a) The filing of a
claim on the small claims docket is deemed a waiver of trial by jury.
(b) The defendant may, not later than ten (10) days following
service of the complaint in a small claims case, demand a trial by jury
by filing an affidavit that:
(1) states that there are questions of fact requiring a trial by jury;
(2) specifies those questions of fact; and
(3) states that the demand is in good faith.
(c) Notice of the defendant's right to a jury trial, and the ten (10) day
period in which to file for a jury trial, shall be clearly stated on the
notice of claim or on an additional sheet to be served with the notice of
claim on the defendant.
(d) Upon the deposit of seventy sixty-five dollars ($70) ($65) in the
small claims docket by the defendant, the court shall transfer the claim
to the plenary docket. Upon transfer, the claim then loses its status as
a small claim.
SOURCE: IC 33-5-2-7; (01)IN1515.1.2. -->
SECTION 2.
IC 33-5-2-7
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 7. (a) The filing of a claim on the
small claims docket is deemed a waiver of trial by jury.
(b) The defendant may, not later than ten (10) days following
service of the complaint in a small claims case, demand a trial by jury
by filing an affidavit that:
(1) states that there are questions of fact requiring a trial by jury;
(2) specifies those questions of fact; and
(3) states that the demand is in good faith.
(c) Notice of the defendant's right to a jury trial, and the ten (10) day
period in which to file for a jury trial, shall be clearly stated on the
notice of claim or on an additional sheet to be served with the notice of
claim on the defendant.
(d) Upon the deposit of seventy sixty-five dollars ($70) ($65) in the
small claims docket by the defendant, the court shall transfer the claim
to the plenary docket. Upon transfer, the claim then loses its status as
a small claim.
SOURCE: IC 33-19-5-1; (01)IN1515.1.3. -->
SECTION 3.
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 records management fee (IC 33-19-6-1.5).
(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)IN1515.1.4. -->
SECTION 4.
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 records management fee (IC 33-19-6-1.5).
(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)IN1515.1.5. -->
SECTION 5.
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 records management fee (IC 33-19-6-1.5).
(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)IN1515.1.6. -->
SECTION 6.
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 records management fee (IC 33-19-6-1.5).
SOURCE: IC 33-19-5-5; (01)IN1515.1.7. -->
SECTION 7.
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 a document fee the following fees if it
collection is required under
IC 33-19-6
:
(1) A document fee.
(2) A records management fee (IC 33-19-6-1.5).
SOURCE: IC 33-19-5-6; (01)IN1515.1.8. -->
SECTION 8.
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 a document fee
the following fees if it collection is required under
IC 33-19-6
:
(1) A document fee.
(2) A records management fee (IC 33-19-6-1.5).
(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)IN1515.1.9. -->
SECTION 9.
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 revenue received by the clerk for the transmitting of
documents by facsimile machine to a person under
IC 5-14-3.
(b)
In each criminal and civil action, the clerk shall collect a
records management fee of two dollars ($2). The clerk shall deposit
records management fees collected under this subsection in the
clerk's record perpetuation fund.
(c) 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.
(3) Any document management purpose.
SOURCE: ; (01)IN1515.1.10. -->
SECTION 10. [EFFECTIVE JULY 1, 2001]
(a)
IC 33-4-3-10
and
IC 33-5-2-7
, both as amended by this act, apply only to a deposit to
transfer a case on a small claims docket to the plenary docket that
is made after June 30, 2001.
(b)
IC 33-19-6-1.5
, as amended by this act, applies only to civil
and criminal actions commenced after June 30, 2001.