Colorado § 33-6-105 - Disposition of fines and surcharges.

§ 33-6-105. Disposition of fines and surcharges.

(1) (a) Except as otherwise provided in subsection (1)(b) of this section, all money collected for fines under articles 1 to 6 of this title 33, either by payment of a penalty assessment or assessed by a court upon conviction and resulting from issuance of a citation by an officer of the division of parks and wildlife, shall be transmitted to the state treasurer, who shall credit the money to the wildlife cash fund or, for offenses involving nongame wildlife, to the Colorado nongame conservation and wildlife restoration cash fund.

(b) When an arrest has been made or the citation for any wildlife offense has been issued by any other Colorado peace officer, as defined in this title 33, the state treasurer shall credit one-half of the money collected to the wildlife cash fund or, for offenses involving nongame wildlife, to the Colorado nongame conservation and wildlife restoration cash fund, and:

(I) If the peace officer is employed by a local jurisdiction, one-half to the treasurer of the Colorado town, city, county, or city and county in which the violation occurred, to be credited to the appropriate fund; or

(II) If the peace officer is employed by another state agency, one-half to a fund administered by the state agency whose officer issued the citation, as designated by the state agency.

(2) It is the duty of every clerk of a court before which prosecutions and appeals of violators of articles 1 to 6 of this title are heard, within twenty days after any such trial, appeal, disposition, or dismissal thereof, to notify the division, in writing, of the result thereof and the amount of fines collected, if any, and the disposition of such fines.

(3) The provisions of the "Colorado Crime Victim Compensation Act", article 4.1 of title 24, C.R.S., shall not apply to articles 1 to 6 of this title, and the costs imposed by said act shall not be levied on criminal actions for violations of articles 1 to 6 of this title.

(4) No fine, penalty, or judgment assessed or rendered under the provisions of articles 1 to 6 of this title shall be suspended, reduced, or remitted otherwise than as expressly provided by law.

(5) All moneys collected by the division as surcharges on penalty assessments issued pursuant to section 33-6-104 shall be transmitted to the court administrator of the judicial district in which the offense was committed for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.

Source: L. 84: Entire article R&RE, p. 867, § 1, effective January 1, 1985. L. 85: (5) added, p. 797, § 5, effective May 3. L. 90: (1) amended, p. 1739, § 5, effective April 3. L. 94: (1) and (2) amended, p. 1581, § 8, effective May 31. L. 2011: (1) amended, (SB 11-208), ch. 293, p. 1390, § 16, effective July 1. L. 2017: (1)(a) amended, (HB 17-1250), ch. 362, p. 1899, § 4, effective August 9. L. 2019: (1) amended, (HB 19-1026), ch. 423, p. 3693, § 4, effective July 1.

Editor's note: This section is similar to former §§ 33-6-132 and 33-6-133 as they existed prior to 1984.

Cross references: (1) For the wildlife cash fund, see § 33-1-112; for the nongame conservation and wildlife restoration cash fund, see § 33-1-125.

(2) For the short title ("Respect the Great Outdoors Act") and the legislative declaration in HB 19-1026, see sections 1 and 2 of chapter 423, Session Laws of Colorado 2019.