HOUSE BILL No. 1292
DIGEST OF INTRODUCED BILL
Citations Affected: IC 34-28-5-5.
Synopsis: Distribution of traffic violation judgments. Provides that if
funds are collected as a judgment for a moving traffic violation based
on a citation issued by an officer of a local law enforcement agency: (1)
45% of the funds are deposited in the state general fund; (2) 45% of the
funds are deposited in the general fund of the political subdivision
served by the local law enforcement agency to be used for public safety
purposes; and (3) 10% of the funds are transferred to the law
enforcement academy that serves the area in which the political
subdivision is located; instead of 100% of the funds being deposited in
the state general fund. Retains exceptions for funds collected for
infraction judgments: (1) in Marion County that are used to pay the
compensation of appointed court commissioners and to pay costs of the
county's guardian ad litem program; and (2) for violations of certain
temporary worksite speed limits that are transferred to the Indiana
department of transportation to pay the costs of hiring off duty police
officers to patrol highway work zones.
Effective: July 1, 2011.
January 12, 2011, read first time and referred to Committee on Roads and Transportation.
First Regular Session 117th General Assembly (2011)
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HOUSE BILL No. 1292
A BILL FOR AN ACT to amend the Indiana Code concerning civil
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-28-5-5; (11)IN1292.1.1. -->
SECTION 1. IC 34-28-5-5, AS AMENDED BY P.L.106-2010,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: 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
(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
(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 except as provided in subsection (e),
and IC 9-21-5-11(e), the funds collected as judgments
for violations of statutes defining infractions shall be deposited in the
state general fund.
(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
(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.
(e) The funds collected for an infraction judgment described in
section 4(h) of this chapter shall be transferred to a dedicated county
fund. The money in the dedicated county fund does not revert to the
county general fund or state general fund and may be used, after
appropriation by the county fiscal body, only for the following
(1) To pay compensation of commissioners appointed under
(2) To pay costs of the county's guardian ad litem program.
(f) Except as provided in subsection (e) and IC 9-21-5-11(e),
funds collected as a judgment for a moving traffic violation based
on a citation issued by an officer of a local law enforcement agency
shall be distributed as follows:
(1) Forty-five percent (45%) of the funds shall be deposited in
the state general fund.
(2) Forty-five percent (45%) of the funds shall be:
(A) deposited in the general fund of the political
subdivision served by the local law enforcement agency;
(B) used for public safety purposes in the political
(3) Ten percent (10%) of the funds shall be:
(A) transferred to the law enforcement academy that
serves the area in which the political subdivision served by
the local law enforcement agency is located; and
(B) used to pay the costs of operating the law enforcement