Colorado § 42-1-217 - Disposition of fines and surcharges.

§ 42-1-217. Disposition of fines and surcharges.

(1) All judges, clerks of a court of record, or other officers imposing or receiving fines, penalties, or forfeitures, except those moneys received pursuant to sections 42-4-313 (3), 42-4-413, 42-4-1409, 42-4-1701 (5)(a), 42-8-105, and 42-8-106, collected pursuant to or as a result of a conviction of any persons for a violation of articles 1 to 4 (except part 3 of article 2) of this title, shall transmit, within ten days after the date of receipt of any such fine, penalty, or forfeiture, all such moneys so collected in the following manner:

(a) The aggregate amount of such fines, penalties, or forfeitures, except for a violation of section 42-4-1301 or 42-4-237, shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5)(a), C.R.S.

(b) Fifty percent of any fine, penalty, or forfeiture for a violation of section 42-4-1301 occurring within the corporate limits of a city or town shall be transmitted to the treasurer or chief financial officer of said city or town, and the remaining fifty percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5)(a), C.R.S.; except that twenty-five percent of any fine, penalty, or forfeiture for a violation of section 42-4-1301 occurring on a state or federal highway shall be transmitted to the treasurer or chief financial officer of said city or town, and the remaining seventy-five percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5)(a), C.R.S.

(c) Any other provision of law notwithstanding, all moneys collected pursuant to section 42-4-1301.3 shall be transmitted to the state treasurer to be credited to the account of the alcohol and drug driving safety program fund.

(d) Fifty percent of any fine, penalty, or forfeiture for a violation of section 42-4-1301 occurring outside the corporate limits of a city or town shall be transmitted to the treasurer of the county in which the city or town is located, and the remaining fifty percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5)(a), C.R.S.; except that twenty-five percent of any fine, penalty, or forfeiture for a violation of section 42-4-1301 occurring on a state or federal highway shall be transmitted to the treasurer of the county in which the city or town is located, and the remaining seventy-five percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5)(a), C.R.S.

(e) Any fine, penalty, or forfeiture collected for a violation of section 42-4-237 shall be transmitted to the treasurer of the local jurisdiction in which the violation occurred; except that:

(I) If the citing officer was an officer of the Colorado state patrol, the fine, penalty, or forfeiture shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5)(a), C.R.S.; or

(II) If the violation occurred on a state or federal highway, fifty percent of the fine, penalty, or forfeiture shall be transmitted to the treasurer of the local jurisdiction in which the violation occurred and the remaining fifty percent shall be transmitted to the state treasurer, credited to the highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5)(a), C.R.S.

(2) Except for the first fifty cents of any penalty for a traffic infraction, which shall be retained by the department and used for administrative purposes, moneys collected by the department pursuant to section 42-4-1701 (5)(a) shall be transmitted to the state treasurer, who shall credit the same to the highway users tax fund for allocation and expenditure as specified in section 43-4-205 (5.5)(a), C.R.S.; except that moneys collected pursuant to section 42-4-1701 (5)(a) for a violation of section 42-4-237 shall be allocated pursuant to paragraph (e) of subsection (1) of this section.

(3) Failure, refusal, or neglect on the part of any judicial or other officer or employee to comply with the provisions of this section shall constitute misconduct in office and shall be grounds for removal therefrom.

(4) (a) All moneys collected by the department as surcharges on penalty assessments issued for violations of a class A or a class B traffic infraction or a class 1 or a class 2 misdemeanor traffic offense, pursuant to section 42-4-1701, shall be transmitted to the court administrator of the judicial district in which the offense or infraction was committed and credited fifty percent to the victims and witnesses assistance and law enforcement fund established in that judicial district and fifty percent to the crime victim compensation fund established in that judicial district.

(b) Repealed.

Source: L. 94: Entire title amended with relocations, p. 2112, § 1, effective January 1, 1995. L. 96: IP(1) amended, p. 385, § 1, effective April 17. L. 2002: (1)(c) amended, p. 1921, § 15, effective July 1. L. 2003: (4) amended, p. 1550, § 9, effective May 1; (1)(c) amended, p. 2003, § 71, effective May 22. L. 2004: IP(1) amended, p. 792, § 1, effective January 1, 2005. L. 2005: (1)(a), (1)(b), (1)(d), (1)(e), and (2) amended, p. 141, § 6, effective April 5. L. 2007: (4) amended, p. 1114, § 4, effective July 1. L. 2008: IP(1), (1)(b), (1)(d), (1)(e), and (2) amended, p. 2085, § 2, effective July 1.

Editor's note: (1) This section is similar to former § 42-1-215 as it existed prior to 1994, and the former § 42-1-217 was relocated to § 42-1-218.

(2) Subsection (4)(b)(II) provided for the repeal of subsection (4)(b), effective July 1, 2008. (See L. 2007, p. 1114.)

Cross references: For costs levied on traffic offenses pursuant to the "Colorado Crime Victim Compensation Act", see § 24-4.1-119; for costs levied on alcohol- and drug-related traffic offenses, see §§ 42-4-1301.3 (4)(a), 42-4-1301.4 (5), 42-4-1307, and 43-4-402; for establishment of the victims and witnesses assistance and law enforcement fund and the authority for levying of surcharges, see §§ 24-4.2-103 and 24-4.2-104.

ANNOTATION

Annotator's note. Since § 42-1-217 is similar to § 42-1-215 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, a relevant case construing that provision has been included with the annotations to this section.

For the legislative history of this section, see State v. Beckman, 149 Colo. 54, 368 P.2d 793 (1961).