Introduced Version
HOUSE BILL No. 1909
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 5-2-14
; IC 33-19.
Synopsis: Regional law enforcement training fee and funds.
Establishes a regional law enforcement training fee and regional law
enforcement training fund for each region served by a regional law
enforcement training council formed before January 1, 2001.
Establishes a $2 fee to be collected in cases in which a person commits
a crime or an infraction or violates an ordinance. Provides for the fee
to be distributed to the council serving the region. Requires councils to
use regional law enforcement training funds solely for training of law
enforcement officers who work for an agency or department that is
wholly or predominantly within the geographic region of the councils.
Effective: July 1, 2001.
Stevenson, Whetstone
January 17, 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. 1909
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 5-2-14; (01)IN1909.1.1. -->
SECTION 1.
IC 5-2-14
IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Chapter 14. Regional Law Enforcement Training Fund
Sec. 1. As used in this chapter, "regional law enforcement
training council" means a council formed before January 1, 2001,
that:
(1) consists of representatives from law enforcement agencies;
(2) serves a specified geographic area in Indiana; and
(3) provides specialized training described in IC 5-2-1-9 for
law enforcement officers and law enforcement agencies in the
geographic region
.
Sec. 2. A regional law enforcement training council must be
formed before January 1, 2001, before:
(1) a regional law enforcement training fee may be collected
under IC 33-19-6-18; and
(2) a regional law enforcement training fund may be
established under this chapter.
Sec. 3. A regional law enforcement training fund is established
for each regional law enforcement training council to assist in
training law enforcement officers in the geographic region served
by the regional law enforcement training council. The fund consists
of amounts collected from the regional law enforcement training
fee under
IC 33-19-6-18
in a city, town, or county that is wholly or
predominantly within the geographic boundaries of the regional
law enforcement training council.
Sec. 4. Each regional law enforcement training council shall
submit monthly claims, under oath, to:
(1) the fiscal officer of a city or town that wholly or
predominantly falls within the geographic boundaries of the
regional law enforcement training council; and
(2) the auditor of a county that wholly or predominantly falls
within the geographic boundaries of the regional law
enforcement training council;
for the amount deposited in user funds under
IC 33-19-8.
Sec. 5. Appropriations from a regional law enforcement training
fund by a regional law enforcement training council may only be
used for training law enforcement officers who work in an agency
or department whose jurisdiction falls wholly or predominantly
within the geographic boundaries of a regional law enforcement
training council.
Sec. 6. A regional law enforcement training council shall
administer the regional law enforcement training fund. The cost of
administering a fund shall be paid from money in the fund.
SOURCE: IC 33-19-5-1; (01)IN1909.1.2. -->
SECTION 2.
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 regional law enforcement training fee.
(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.
(5) The regional law enforcement training 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)IN1909.1.3. -->
SECTION 3.
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 regional law enforcement training fee.
(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.
(4) The regional law enforcement training 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 33-19-6-18; (01)IN1909.1.4. -->
SECTION 4.
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 criminal, infraction,
and ordinance violation actions.
(b) In an action in which a person is found to have:
(1) committed a crime;
(2) violated a statute defining an infraction; or
(3) violated an ordinance;
the clerk shall collect a regional law enforcement training fee of
two dollars ($2) if the clerk is authorized to do so under
IC 5-2-14-2(1). The clerk of a city or town court shall transfer a fee
collected under this section to the fiscal officer of the city or town
for deposit in the city or town user fee fund established by
IC 33-19-8-3. The clerk of a circuit, superior, or county court shall
transfer a fee collected under this section to the county auditor for
deposit in the county user fee fund established by IC 33-19-8-5.
SOURCE: IC 33-19-8-3; (01)IN1909.1.5. -->
SECTION 5.
IC 33-19-8-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) A city or town
user fee fund is established in each city or town having a city or town
court for the purpose of supplementing the cost of various program
services. The city or town fund shall be administered by the fiscal
officer of the city or town.
(b) The city or town fund consists of the following fees collected by
a clerk under this article:
(1) The pretrial diversion program fee.
(2) The alcohol and drug services fee.
(3) The law enforcement continuing education program fee.
(4) The deferral program fee.
(5) The regional law enforcement training fee.
SOURCE: IC 33-19-8-5; (01)IN1909.1.6. -->
SECTION 6.
IC 33-19-8-5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) A county user fee
fund is established in each county for the purpose of financing various
program services. The county fund shall be administered by the county
auditor.
(b) The county fund consists of the following fees collected by a
clerk under this article, and by the probation department for the
juvenile court under
IC 31-34-8-8
or
IC 31-37-9-9
:
(1) The pretrial diversion program fee.
(2) The informal adjustment program fee.
(3) The marijuana eradication program fee.
(4) The alcohol and drug services program fee.
(5) The law enforcement continuing education program fee.
(6) The deferral program fee.
(7) The jury fee.
(8) The regional law enforcement training fee.
(c) All of the jury fee and two dollars ($2) of every deferral program
fee collected under
IC 33-19-5-2
(e) shall be deposited by the county
auditor in the jury pay fund under
IC 33-19-10.
SOURCE: IC 33-19-8-9; (01)IN1909.1.7. -->
SECTION 7.
IC 33-19-8-9
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]:
Sec. 9. (a) This section applies to regional law enforcement
fees collected under
IC 33-19-6-18.
(b) Upon receipt of monthly claims from regional law
enforcement training councils, the auditor of a county or fiscal
officer of a city or town, shall distribute the regional law
enforcement training fees deposited in city or town user fee funds
or county user fee funds to the appropriate regional law
enforcement training fund.