Section 7-409 - Additional costs in criminal cases.
§ 7-409. Additional costs in criminal cases.
(a) Definitions.-
(1) In this section the following words have the meanings indicated.
(2) "Crime" means an act committed by a person in the State that is:
(i) A crime under Title 1, Subtitle 3, Title 3, Subtitle 7, or § 4-123.1 of the Agriculture Article;
(ii) A crime under Title 19, Subtitle 2 or Subtitle 3 of the Business Regulation Article;
(iii) A crime under Title 14, Subtitle 29, § 11-810, or § 14-1317 of the Commercial Law Article;
(iv) A crime under § 3-218, § 3-305(c)(2), § 3-409(a) or (c), § 3-803(b), § 3-807(i), § 3-808(d), § 3-811(c), § 8-801, § 8-802, § 9-602(e), § 11-702(d)(8), § 11-703(e)(5)(iii), § 11-708(d)(7)(ii), § 11-711(h)(2), § 11-712(c)(6)(ii), § 11-715(g)(2), § 11-716(h)(2), § 11-723(b)(8), or § 11-726 of the Correctional Services Article;
(v) A crime under the Criminal Law Article other than Title 8, Subtitle 2, Part II or § 10-614;
(vi) A crime under the Criminal Procedure Article;
(vii) A crime under Title 5, Subtitle 10A of the Environment Article;
(viii) A crime under § 5-503 of the Family Law Article;
(ix) A crime under Title 12, Subtitle 9 of the Financial Institutions Article;
(x) A crime under Title 20, Subtitle 7 or § 21-259.1 of the Health - General Article;
(xi) A crime under § 8-713.1, § 8-724.1, § 8-725.5, § 8-725.6, § 8-726.1, § 8-738.1, § 8-740.1, or § 10-411(b), as it relates to Harford County, or (d), as it relates to Anne Arundel County or Caroline County, of the Natural Resources Article;
(xii) A crime under Title 3, Subtitle 1 or Subtitle 5, Title 5, Subtitle 1, Subtitle 2, Subtitle 3, or Subtitle 4, § 6-602, § 7-402, or § 12-701 of the Public Safety Article;
(xiii) A crime under § 14-127 of the Real Property Article;
(xiv) A violation of the Transportation Article that is punishable by imprisonment;
(xv) A crime under Article 2B, Title 22 or § 18-104 of the Code;
(xvi) A crime under Article 24, § 11-512, § 11-513, or § 11-514 of the Code;
(xvii) A crime under Chapter 110-1 of the Code of Public Local Laws of Caroline County;
(xviii) A crime under § 4-103 of the Code of Public Local Laws of Carroll County;
(xix) A crime under § 8A-1 of the Code of Public Local Laws of Talbot County; or
(xx) A crime at common law.
(3) "Offense" means a violation of the Transportation Article that is not punishable by imprisonment.
(b) Costs - Circuit court.- In addition to any other costs required by law, a circuit court shall impose on a defendant convicted of a crime an additional cost of $45 in the case.
(c) Costs - District Court.- In addition to any other costs required by law, the District Court shall impose on a defendant convicted of a crime an additional cost of $35 in the case.
(d) Costs - Additional court cost.- In addition to any other costs required by law, a court shall impose on a defendant convicted of an offense an additional cost of $3 in the case, including cases in which the defendant elects to waive the right to trial and pay the fine or penalty deposit established by the Chief Judge of the District Court by administrative regulation.
(e) Payment; disposition of funds collected under subsections (b) and (c).-
(1) All money collected under this section shall be paid to the Comptroller of the State.
(2) The Comptroller shall deposit $22.50 from each fee collected under subsection (b) of this section from a circuit court and $12.50 from each fee collected under subsection (c) of this section from the District Court into the State Victims of Crime Fund established under § 11-916 of the Criminal Procedure Article.
(3) The Comptroller shall deposit $2.50 from each fee collected under subsections (b) and (c) of this section into the Victim and Witness Protection and Relocation Fund established under § 11-905 of the Criminal Procedure Article.
(4) The Comptroller shall deposit all other moneys collected under subsections (b) and (c) of this section into the Criminal Injuries Compensation Fund established under § 11-819 of the Criminal Procedure Article.
(f) Disposition of funds collected under subsection (d).-
(1) From the first $500,000 in fees collected under subsection (d) of this section in each fiscal year, the Comptroller shall deposit one-half of each fee into the State Victims of Crime Fund and one-half of each fee into the Criminal Injuries Compensation Fund.
(2) For fees collected under subsection (d) of this section in excess of $500,000 in each fiscal year, the Comptroller shall deposit the entire fee into the Criminal Injuries Compensation Fund.
(g) Liability.- A political subdivision may not be held liable under any condition for the payment of sums under this section.
[2001, ch. 10, § 3; 2002, ch. 19, § 9; ch. 213, § 6; 2003, ch. 17; ch. 21, § 6; 2004, ch. 25; 2005, ch. 574, §§ 1, 2; 2007, ch. 5, § 6.]