16-10-305. Court costs.

16-10-305. Court costs. (a) There shall be levied and collected the following court costs from each defendant upon each conviction, each plea of guilty or nolo contendere, or each forfeiture of bond: (1) In circuit court, one hundred fifty dollars ($150) for a misdemeanor or felony violation of state law, excluding a violation of: (A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.; (B) The Underage DUI or BUI Law, § 5-65-301 et seq.; (C) Section 5-75-101 et seq.; (D) Section 27-23-114; (E) Section 15-42-127; or (F) Section 27-37-701 et seq.; (2) In district court, one hundred dollars ($100) for an offense that is a misdemeanor or violation of state law, excluding a violation of: (A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.; (B) The Underage DUI or BUI Law, § 5-65-301 et seq.; (C) Section 5-75-101 et seq.; (D) Section 27-23-114; (E) Section 15-42-127; or (F) Section 27-37-701 et seq.; (3) In circuit court or district court, seventy-five dollars ($75.00) for a traffic offense that is a misdemeanor or violation under state law or local ordinance, excluding a violation of: (A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.; (B) The Underage DUI or BUI Law, § 5-65-301 et seq.; (C) Section 5-75-101 et seq.; (D) Section 27-23-114; (E) Section 15-42-127; or (F) Section 27-37-701 et seq.; (4) In district court, for a nontraffic offense that is a misdemeanor or violation under local ordinance, twenty-five dollars ($25.00); (5) In circuit court or district court, three hundred dollars ($300) for violations of: (A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.; (B) The Underage DUI or BUI Law, § 5-65-301 et seq.; (C) Section 5-75-101 et seq.; (D) Section 27-23-114; or (E) Section 15-42-127; (6)(A) In circuit court or district court, twenty-five dollars ($25.00) for a violation of the mandatory seat belt use law, § 27-37-701 et seq. (B) A defendant is not required to pay the court costs under subdivision (a)(6)(A) of this section if he or she pays the applicable fines under §§ 27-37-706 and 16-17-129 before his or her first appearance and shall not be assessed any additional court costs associated with the violation; and (7) In circuit court or district court, twenty-five dollars ($25.00) for failure to present proof of insurance at the time of a traffic stop, §§ 27-22-103, 27-22-104, and 27-22-111. (b)(1) The costs set forth in this section shall be imposed at the conclusion of any criminal case enumerated in subsection (a) of this section that does not end in an acquittal, dismissal, or, with the consent of the prosecution, an order nolle prosequi. (2) The costs shall be imposed at the conclusion of cases involving a suspended or probated sentence even though that sentence may be expunged or otherwise removed from the defendant's record. (c) No county, city, or town shall be liable for the payment of the costs taxed under this section in any instance where they are not collected, or in any case in which the defendant pays the costs by serving time in a jail, on a county farm, or at any other official place of detention or work. (d) No town, city, or county shall authorize and no district court or circuit court shall assess or collect any other court costs other than those authorized by this act, unless specifically provided by state law. (e) This section shall become effective July 1, 2001, and the revised court costs shall be imposed on all cases which come before the court for final disposition on or after July 1, 2001. (f)(1) There shall be levied and collected from each defendant who pleads guilty or nolo contendere to an offense, is found guilty of an offense, or forfeits bond in city court on or before December 31, 2011, the court costs applicable in city court at that time. (2) The court costs applicable in district court shall be levied and collected in all cases filed in city court in which a defendant pleads guilty or nolo contendere to an offense, is found guilty of an offense, or forfeits bond in district court on or after January 1, 2012. (g) For each conviction for an offense under § 5-26-301 et seq., an additional court cost of twenty-five dollars ($25.00) shall be assessed and remitted to the Administration of Justice Funds Section by the court clerk for deposit into the Domestic Peace Fund, § 19-6-491. (h)(1) An additional court cost of twenty-five dollars ($25.00) shall be assessed and remitted to the Administration of Justice Funds Section by the court clerk or designee under § 16-13-709(a) for deposit as special revenues into the Domestic Violence Shelter Fund if a person is convicted of a domestic abuse offense or is the respondent on a permanent order of protection entered by a court under the Domestic Abuse Act of 1991, § 9-15-101 et seq. (2) When a convicted person is authorized to make installment payments under § 16-13-704, the court cost assessed under subdivision (h)(1) of this section shall be collected from the initial installment payment first. (3) The court clerk or designee under § 16-13-709(a) shall disburse all court costs collected each month under subdivision (h)(1) of this section to the Administration of Justice Funds Section by the fifteenth working day of the following month.