Second Regular Session 112th General Assembly (2002)
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SENATE ENROLLED ACT No. 315
AN ACT to amend the Indiana Code concerning courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 33-11.6-4-15, AS AMENDED BY P.L.280-2001,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 15. (a) The costs consist of:
(1) a township docket fee equal to five dollars ($5) plus forty-five
percent (45%) of the infraction or ordinance violation costs fee
under IC 33-19-5-2;
(2) bailiff's service of process by registered or certified mail fee
of thirteen dollars ($13) for each service;
(3) the cost for the personal service of process by the bailiff or
other process server in the amount of thirteen dollars ($13) for
each service;
(4) witness fees, if any, in the amount provided by IC 33-19-1-6
to be taxed and charged in the circuit court of the county; and
(5) a redocketing fee, if any, of five dollars ($5);
(6) a document storage fee under IC 33-19-6-18.1;
(7) an automated record keeping fee under IC 33-19-6-19; and
(8) a late fee, if any, under IC 33-19-6-20.
The docket fee and the cost for the initial service of process shall be
paid upon the institution of each case. The cost of service rendered
subsequent to the initial service shall be assessed and paid after such
service has been made, and the cost of witness fees shall be paid before
the witnesses are called.
(b) If the amount of the township docket fee computed under
subsection (a)(1) is not equal to a whole number, the amount shall be
rounded to the next highest whole number.
SECTION 2. IC 33-11.6-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1.
Handling of Funds.
(a) Payment for all costs and other purposes made as a result of
proceedings in a division of the small claims court shall be to the
_______ County Small Claims Court ______ Division (with the name
of the county and township inserted). The court shall issue a receipt, for
all monies received, on a form numbered serially in duplicate. All
township docket fees
and late fees received by the court shall be paid
to the township trustees at the close of each month.
(b) The court shall:
(1) semiannually distribute to the auditor of the state all
automated record keeping fees received by the court for
deposit in the state user fee fund established under
IC 33-19-9; and
(2) monthly distribute to the county auditor all document
storage fees received by the court. The county auditor shall
deposit fees distributed under this subdivision into the clerk's
record perpetuation fund under IC 33-19-6-1.5.
SECTION 3. IC 33-19-6-19, AS ADDED BY P.L.183-2001,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 19. (a) This section applies to all civil, criminal,
infraction, and ordinance violation actions.
(b) The clerk shall collect an automated record keeping fee of:
(1) two five dollars
($2). ($5) before July 1, 2003;
(2) seven dollars ($7) after June 30, 2003, and before July 1,
2009; and
(3) four dollars ($4) after June 30, 2009.
SECTION 4. IC 33-19-6-20, AS ADDED BY P.L.280-2001,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 20. (a)
Except as provided in subsection (e), this
section applies in each action in which a defendant:
(1) is found, in a court that has a local court rule imposing a late
payment fee under this section, to have:
(A) committed a crime;
(B) violated a statute defining an infraction;
(C) violated an ordinance of a municipal corporation; or
(D) committed a delinquent act;
(2) is required to pay:
(A) court costs, including fees;
(B) a fine; or
(C) a civil penalty;
(3) is not determined by the court imposing the court costs, fine,
or civil penalty to be indigent; and
(4) fails to pay to the clerk the costs, fine, or civil penalty in full
before the later of the following:
(A) The end of the business day on which the court enters the
conviction or judgment.
(B) The end of the period specified in a payment schedule set
for the payment of court costs, fines, and civil penalties under
rules adopted for the operation of the court.
(b) A court may adopt a local rule to impose a late payment fee
under this section on defendants described in subsection (a).
(c) Subject to subsection (d), the clerk of a court that adopts a local
rule imposing a late payment fee under this section shall collect a late
payment fee of twenty-five dollars ($25) from a defendant described in
subsection (a).
(d) Notwithstanding IC 33-19-2-2, a court may suspend a late
payment fee if the court finds that the defendant has demonstrated good
cause for failure to make a timely payment of court costs, a fine, or a
civil penalty.
(e) A plaintiff or defendant in an action under IC 33-11.6 shall
pay a late fee of twenty-five dollars ($25) if the plaintiff or
defendant:
(1) is required to pay court fees or costs under
IC 33-11.6-4-15;
(2) is not determined by the court imposing the court costs to
be indigent; and
(3) fails to pay the costs in full before the later of the
following:
(A) The end of the business day on which the court enters
the judgment.
(B) The end of the period specified in a payment schedule
set for the payment of court costs under rules adopted for
the operation of the court.
A court may suspend a late payment fee if the court finds that the
plaintiff or defendant has demonstrated good cause for failure to
make timely payment of the fee.
SECTION 5. [EFFECTIVE JULY 1, 2002]
IC 33-11.6-4-15, as
amended by this act, applies only to small claims actions initiated
after June 30, 2002.