(A) Pursuant to the provisions of I.C. 33-37-5-22(a), and except as provided in division (D) below, the courts of the county shall be entitled to impose and collect late fees pursuant to the provisions of this section if all of the following apply.
(1) The defendant is found, in a court that has a local court rule imposing a late payment fee under this section, to have:
(a) Committed a crime;
(b) Violated a statute defining an infraction;
(c) Violated an ordinance of a municipal corporation; or
(d) Committed a delinquent act.
(2) The defendant is required to pay:
(a) Court costs, including fees;
(b) A fine; or
(c) A civil penalty.
(3) The defendant is not determined by the court imposing the court costs, fine or civil penalty to be indigent.
(4) The defendant fails to pay to the clerk the costs, fine or civil penalty in full before the later of the following:
(a) The end of the business day on which the court enters the conviction or judgment; and
(b) The end of the period specified in a payment schedule set for the payment of court costs, fines and civil penalties under rules adopted for the operation of the court.
(B) Pursuant to the provisions of I.C. 33-37-5-22(c), and subject to division (C) below, the clerk of a court that imposes a late payment fee under this section shall collect a late payment fee of $25 from a defendant described in division (A) above.
(C) Notwithstanding I.C. 33-37-2-2, a court may suspend a late payment fee if the court finds that the defendant has demonstrated good cause for failure to make a timely payment of court costs, a fine or a civil penalty.
(D) Pursuant to I.C. 33-37-5-22(e), a plaintiff or defendant in an action under I.C. 33-34 shall pay a late fee of $25 if the plaintiff or defendant:
(1) Is required to pay court fees or costs under I.C. 33-34-8-1;
(2) Is not determined by the court imposing the court costs to be indigent; and
(3) Fails to pay the costs in full before the later of the following:
(a) The end of the business day on which the court enters the judgment; and
(b) The end of the period specified in a payment schedule set for the payment of court costs under rules adopted for the operation of the court.
(Ord. 9-2010, passed 7-8-2010)