Enforcement and collection of cost penalties assessed for violations.

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35-10-8. Enforcement and collection of cost penalties assessed for violations.

Any cost penalty provided for by this title shall be included in the judgment of conviction and has all the force and effect of a judgment in a civil action. If the person against whom the cost penalty is assessed has furnished a bond as a licensee under this title, the surety is liable for the cost penalty. The cost penalty may be paid by the defendant to the clerk of the court that rendered the judgment in which the cost penalty was assessed. The payment shall operate as a satisfaction of the portion of the judgment relating to the cost penalty and shall be entered upon the judgment record accordingly. If not paid to the clerk, the judgment for the cost penalty shall be enforced by execution or other process, the same as any civil judgment. The clerk or any officer collecting the cost penalty shall, without delay, transmit the cost penalty to the state treasurer with a statement giving full information as to the source of the cost penalty. The state treasurer shall issue a receipt for the cost penalty to the person transmitting the cost penalty.

Source: SDC 1939, §5.9901; SL 2008, ch 37, §193; SL 2010, ch 180, §63; SL 2011, ch 176, §1.


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