(1) There is hereby created in the state treasury the offender identification fund, referred to in this section as the "fund". Moneys in the fund shall consist of costs and surcharges levied pursuant to this section and payments for genetic testing received from offenders pursuant to sections 16-11-102.4, 18-1.3-407, and 19-2925.6, C.R.S. Subject to annual appropriations by the general assembly, the executive director and the state court administrator are authorized to expend moneys in the fund to pay for genetic testing of offenders pursuant to sections 16-11-102.4 and 18-1.3-407, C.R.S. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.
(Deleted by amendment, L. 2006, p. 1692, § 14, effective July 1, 2007.)
(a) A cost of two dollars and fifty cents is hereby levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided in section 18-1.3102, C.R.S., for a felony, a misdemeanor, or misdemeanor traffic offense, charged pursuant to state statute. The defendant shall pay the costs to the clerk of the court. Each clerk shall transmit the moneys to the state treasurer, who shall credit the same to the fund.
(b) The provisions of sections 18-1.3-701 and 18-1.3-702, C.R.S., shall apply to the collection of costs levied pursuant to this subsection (3).
A surcharge of two dollars and fifty cents is hereby levied against each penalty assessment notice issued pursuant to section 42-4-1701, C.R.S., for a misdemeanor or a class 1 or class 2 misdemeanor traffic offense under state statute that results in payment of the penalty assessment without the commencement of a criminal action. All moneys collected by the department of revenue pursuant to this subsection (4) shall be transmitted to the state treasurer, who shall credit the same to the fund.
A cost of two dollars and fifty cents is hereby levied against each civil action resulting in an admission of liability or a judgment against the defendant for a class A or class B traffic infraction charged pursuant to state statute. The defendant shall pay the cost to the clerk of the court. Each clerk shall transmit the moneys to the state treasurer, who shall credit the same to the fund.
A surcharge of two dollars and fifty cents is hereby levied against each penalty assessment notice issued pursuant to section 42-4-1701, C.R.S., for a class A or class B traffic infraction under state statute that results in payment of the penalty assessment without the commencement of a civil action. All moneys collected by the department of revenue pursuant to this subsection (6) shall be transmitted to the state treasurer, who shall credit the same to the fund.
A surcharge of two dollars and fifty cents is hereby levied against each penalty assessment issued pursuant to section 33-6-104 or 33-15-102, C.R.S., that results in payment of the penalty assessment without the commencement of a criminal action. All moneys collected by the division of parks and wildlife in the department of natural resources pursuant to this subsection (7) shall be transmitted to the state treasurer, who shall credit the same to the fund.
(Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1389, § 14, effective July
1, 2011.)
The court may waive a cost or surcharge levied pursuant to this section if the courtdetermines the defendant is indigent.
Source: L. 99: Entire section added, p. 1169, § 3, effective July 1. L. 2000: Entire section amended, p. 1266, § 3, effective May 26; entire section amended, p. 1026, § 4, effective July 1. L. 2002: Entire section amended, p. 1155, § 14, effective July 1. L. 2006: Entire section amended, p. 1692, § 14, effective July 1, 2007. L. 2007: (1) amended, p. 2035, § 52, effective June 1. L. 2009: Entire section amended, (SB 09-241), ch. 295, p. 1578, § 5, effective July 1. L. 2011: (7) and (8) amended, (SB 11-208), ch. 293, p. 1389, § 14, effective July 1.
Editor's note: Amendments to this section by House Bill 00-1166 and Senate Bill 00121 were harmonized.
Cross references: For the legislative declaration in the 2011 act amending subsections (7) and (8), see section 1 of chapter 293, Session Laws of Colorado 2011.