Sec. 8. (a) The clerk of a city or town court shall distribute semiannually to the state comptroller as the state share for deposit in the homeowner protection unit account established by IC 4-6-12-9 one hundred percent (100%) of the automated record keeping fees collected under IC 33-37-5-21 with respect to actions resulting in the accused person entering into a pretrial diversion program agreement under IC 33-39-1-8 or a deferral program agreement under IC 34-28-5-1 and for deposit in the state general fund fifty-five percent (55%) of the amount of fees collected under the following: (1) IC 33-37-4-1 (a) (criminal costs fees). (2) IC 33-37-4-2 (a) (infraction or ordinance violation costs fees). (3) IC 33-37-4-4 (a) (civil costs fees). (4) IC 33-37-4-6 (a)(1)(A) (small claims costs fees). (5) IC 33-37-5-17 (deferred prosecution fees). (b) The city or town fiscal officer shall distribute monthly to the county auditor as the county share twenty percent (20%) of the amount of fees collected under the following: (1) IC 33-37-4-1 (a) (criminal costs fees). (2) IC 33-37-4-2 (a) (infraction or ordinance violation costs fees). (3) IC 33-37-4-4 (a) (civil costs fees). (4) IC 33-37-4-6 (a)(1)(A) (small claims costs fees). (5) IC 33-37-5-17 (deferred prosecution fees). (c) The city or town fiscal officer shall retain twenty-five percent (25%) as the city or town share of the fees collected under the following: (1) IC 33-37-4-1 (a) (criminal costs fees). (2) IC 33-37-4-2 (a) (infraction or ordinance violation costs fees). (3) IC 33-37-4-4 (a) (civil costs fees). (4) IC 33-37-4-6 (a)(1)(A) (small claims costs fees). (5) IC 33-37-5-17 (deferred prosecution fees). (d) The clerk of a city or town court shall distribute semiannually to the state comptroller for deposit in the state user fee fund established in IC 33-37-9 the following: (1) Twenty-five percent (25%) of the drug abuse, prosecution, interdiction, and correction fees collected under IC 33-37-4-1 (b)(5). (2) Twenty-five percent (25%) of the alcohol and drug countermeasures fees collected under IC 33-37-4-1 (b)(6), IC 33-37-4-2 (b)(4), and IC 33-37-4-3 (b)(5). (3) One hundred percent (100%) of the highway worksite fees collected under IC 33-37-4-1 (b)(9) and IC 33-37-4-2 (b)(5). (4) Seventy-five percent (75%) of the safe schools fee collected under IC 33-37-5-18 . (5) One hundred percent (100%) of the automated record keeping fee collected under IC 33-37-5-21 not distributed under subsection (a). (e) The clerk of a city or town court shall distribute monthly to the county auditor the following: (1) Seventy-five percent (75%) of the drug abuse, prosecution, interdiction, and correction fees collected under IC 33-37-4-1 (b)(5). (2) Seventy-five percent (75%) of the alcohol and drug countermeasures fees collected under IC 33-37-4-1 (b)(6), IC 33-37-4-2 (b)(4), and IC 33-37-4-3 (b)(5). The county auditor shall deposit fees distributed by a clerk under this subsection into the county drug free community fund established under IC 5-2-11 . (f) The clerk of a city or town court shall distribute monthly to the city or town fiscal officer (as defined in IC 36-1-2-7 ) one hundred percent (100%) of the following: (1) The late payment fees collected under IC 33-37-5-22 . (2) The small claims service fee collected under IC 33-37-4-6 (a)(1)(B) or IC 33-37-4-6 (a)(2). (3) The small claims garnishee service fee collected under IC 33-37-4-6 (a)(1)(C) or IC 33-37-4-6 (a)(3). (4) Twenty-five percent (25%) of the safe schools fee collected under IC 33-37-5-18 . The city or town fiscal officer (as defined in IC 36-1-2-7 ) shall deposit fees distributed by a clerk under this subsection in the city or town general fund. (g) The clerk of a city or town court shall semiannually distribute to the state comptroller for deposit in the state general fund one hundred percent (100%) of the following: (1) The public defense administration fee collected under IC 33-37-5-21.2 . (2) The DNA sample processing fees collected under IC 33-37-5-26.2 . (3) The court administration fees collected under IC 33-37-5-27 . (4) The judicial insurance adjustment fee collected under IC 33-37-5-25 . (h) The clerk of a city or town court shall semiannually distribute to the state comptroller for deposit in the state general fund seventy-five percent (75%) of the judicial salaries fee collected under IC 33-37-5-26 . The city or town fiscal officer shall retain twenty-five percent (25%) of the judicial salaries fee collected under IC 33-37-5-26 . The funds retained by the city or town shall be prioritized to fund city or town court operations. (i) The clerk of a city or town court shall distribute semiannually to the state comptroller for deposit in the pro bono legal services fund established by IC 33-37-5-34 one hundred percent (100%) of the pro bono legal services fees collected under IC 33-37-5-31 . [Pre-2004 Recodification Citation: 33-19-7-4.]
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