§ 16-17-114 - Restriction on receipt of fees and costs by constables in certain localities.
16-17-114. Restriction on receipt of fees and costs by constables in certain localities.
(a) This section shall apply to:
(1) All cities in which there are located, or may be located, state-supported educational institutions with campus enrollments of no fewer than one thousand five hundred (1,500) students; and
(2) The townships in which those cities are situated.
(b) No constable nor deputy constable shall be allowed to receive, and shall not receive, any fee, costs, penalty, payment, or compensation of any kind or nature in any criminal suit, prosecution, or arrest, or in any criminal proceeding whatsoever. However, nothing in this section shall be construed to prohibit the payment to constables of the fees now provided by law in civil cases.
(c) Any constable or deputy constable who violates the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each offense. Each criminal suit, prosecution, arrest, or proceeding in which a constable or deputy constable accepts payment or compensation shall constitute a separate offense.
(d) In addition to the penalty provided in subsection (c) of this section, a violation of this section shall constitute malfeasance in office punishable as provided by law.