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)


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. 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.