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Citations Affected: IC 33-19; IC 35-33.

Synopsis: Credit card processing fees as court costs. Permits a clerk to collect a credit card service fee from a person who uses a credit card to make a transaction with the clerk. Specifies that the credit card service fee is in addition to the amount of bail set by the trial court.

Effective: July 1, 2003.

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Stevenson , Ayres

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    January 23, 2003, read first time and referred to Committee on Judiciary.
    February 26, 2003, amended, reported _ Do Pass.

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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 2002 Regular or Special Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning courts and court officers.

SOURCE: IC 33-19-6.5; (03)HB1894.1.1. -->     SECTION 1. IC 33-19-6.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 6.5. Credit Card Service Fee
    Sec. 1. This chapter applies to any transaction in which:
        (1) the clerk is required to collect money from a person, including:
            (A) bail;
            (B) a fine;
            (C) a civil penalty;
            (D) a court fee or court cost; or
            (E) a fee for the preparation, duplication, or transmission of a document; and
        (2) the person pays the clerk by means of a credit card, debit card, charge card, or similar method.
    Sec. 2. A payment made under this chapter does not finally discharge the person's liability and the person has not paid the

liability until the clerk receives payment or credit from the institution responsible for making the payment or credit. The clerk may contract with a bank or credit card vendor for acceptance of bank or credit cards. However, if there is a vendor transaction charge or discount fee, whether billed to the clerk or charged directly to the clerk's account, the clerk may collect a fee from the person using the bank or credit card. The fee is a permitted additional charge to the money the clerk is required to collect under section 1(1) of this chapter.
    Sec. 3. The clerk shall forward credit card service fees collected under this chapter to the county auditor or city or town fiscal officer in accordance with IC 33-19-1-3(a). These funds may be used without appropriation to pay the transaction charge or discount fee charged by the bank or credit card vendor.

SOURCE: IC 35-33-8-9; (03)HB1894.1.2. -->     SECTION 2. IC 35-33-8-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 9. In addition to any other condition of bail imposed under this chapter, a defendant who posts bail by means of a credit card shall pay the credit card service fee under IC 33-19-6.5.

SOURCE: IC 35-33-9-7; (03)HB1894.1.3. -->     SECTION 3. IC 35-33-9-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7. In addition to any other condition of bail imposed under this chapter, a defendant who posts bail by means of a credit card shall pay the credit card service fee under IC 33-19-6.5.