Citations Affected: IC 34-28-5-5.
Synopsis: Penalties for Class D infractions. Provides that $5 of each
penalty imposed by a court for a Class D infraction must be deposited
in the general fund of the city, town, or county in which the court has
Effective: July 1, 2004.
January 6, 2004, read first time and referred to Committee on Finance.
A BILL FOR AN ACT to amend the Indiana Code concerning civil
law and procedure.
SECTION 1. IC 34-28-5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5. (a) A defendant
against whom a judgment is entered is liable for costs. Costs are part
of the judgment and may not be suspended except under IC 9-30-3-12.
Whenever a judgment is entered against a person for the commission
of two (2) or more civil violations (infractions or ordinance violations),
the court may waive the person's liability for costs for all but one (1) of
the violations. This subsection does not apply to judgments entered for
(1) Class D infractions; or
(2) Class C infractions for unlawfully parking in a space reserved for a person with a physical disability under IC 5-16-9-5 or IC 5-16-9-8.
(b) If a judgment is entered:
(1) for a violation constituting:
(A) a Class D infraction; or
(B) a Class C infraction for unlawfully parking in a space
reserved for a person with a physical disability under
IC 5-16-9-5 or IC 5-16-9-8; or
(2) in favor of the defendant in any case;
the defendant is not liable for costs.
(c) Except for costs and five dollars ($5) of each judgment for a Class D infraction, the funds collected as judgments for violations of statutes defining infractions shall be deposited in the state general fund. Five dollars ($5) of each judgment for a Class D infraction shall be retained and deposited in:
(1) the county general fund of the county where the violation occurred, if the adjudicating court is a circuit, superior, or county court; or
(2) the city or town general fund, if the adjudicating court is a city or town court.
(d) A judgment may be entered against a defendant under this section or section 4 of this chapter upon a finding by the court that the defendant:
(A) a statute defining an infraction; or
(B) an ordinance; or
(2) consents to entry of judgment for the plaintiff upon a pleading of nolo contendere for a moving traffic violation.
SECTION 2. [EFFECTIVE JULY 1, 2004] IC 34-28-5-5, as amended by this act, applies to all judgments imposed for Class D infractions after June 30, 2004, regardless of when the infractions were committed.