Colorado § 24-33.5-415.6 - Offender identification - fund.

§ 24-33.5-415.6. Offender identification - fund.

(1) There is created in the state treasury the offender identification fund, referred to in this section as the "fund". The fund consists of costs and surcharges levied pursuant to this section and payments for genetic testing received from offenders pursuant to sections 16-11-102.4 and 19-2.5-1119. Subject to annual appropriations by the general assembly, the executive director and the state court administrator are authorized to expend money in the fund to pay for genetic testing of offenders pursuant to sections 16-11-102.4 and 18-1.3-407. At the end of any fiscal year, all unexpended and unencumbered money remains in the fund and shall not be credited or transferred to the general fund or any other fund.

(2) (Deleted by amendment, L. 2006, p. 1692, § 14, effective July 1, 2007.)

(3) (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 18-1.3-102, 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).

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1389, § 14, effective July 1, 2011.)

(9) The court may waive a cost or surcharge levied pursuant to this section if the court determines the defendant is indigent.

(10) A surcharge of two dollars and fifty cents is levied against each civil action resulting in an admission of liability or a judgment against the defendant for a civil infraction charged pursuant to state statute. The defendant shall pay the surcharge to the clerk of the court. Each clerk shall transmit the money to the state treasurer, who shall credit the same to the fund.

(11) A surcharge of two dollars and fifty cents is levied against each penalty assessment notice issued pursuant to section 16-2.3-102 for a civil infraction pursuant to state statute that results in payment of the penalty assessment without the commencement of a civil action. All money collected by the clerk of the court pursuant to this subsection (11) shall be transmitted to the state treasurer, who shall credit the same to the fund.

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. L. 2021: (1) amended, (HB 21-1315), ch. 461, p. 3112, § 15, effective July 6; (1) amended, (SB 21-059), ch. 136, p. 744, § 113, effective October 1. L. 2022: (10) and (11) added, (HB 22-1229), ch. 68, p. 346, § 30, effective March 1.

Editor's note: (1) Amendments to this section by House Bill 00-1166 and Senate Bill 00-121 were harmonized.

(2) Amendments to subsection (1) by HB 21-1315 and SB 21-059 were harmonized.

(3) Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act changing this section is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.

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. For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.