Introduced Version






SENATE BILL No. 101

_____


DIGEST OF INTRODUCED BILL



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 jurisdiction.

Effective: July 1, 2004.





Craycraft




    January 6, 2004, read first time and referred to Committee on Finance.







Introduced

Second Regular Session 113th General Assembly (2004)


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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2003 Regular Session of the General Assembly.

SENATE BILL No. 101



    A BILL FOR AN ACT to amend the Indiana Code concerning civil law and procedure.

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

    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 violations constituting:
        (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:
        (1) violated:
            (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.