North Carolina § 7A-304 - Costs in criminal actions.

§ 7A-304. Costs in criminal actions.

In every criminal case in the superior or district court, wherein the defendant is convicted, or enters a plea of guilty or nolo contendere, or when costs are assessed against the prosecuting witness, the following costs shall be assessed and collected. No costs may be assessed when a case is dismissed. Only upon entry of a written order, supported by findings of fact and conclusions of law, determining that there is just cause, the court may (i) waive costs assessed under this section or (ii) waive or reduce costs assessed under subdivision (7), (8), (8a), (11), (12), or (13) of this section. No court may waive or remit all or part of any court fines or costs without providing notice and opportunity to be heard by all government entities directly affected. The court shall provide notice to the government entities directly affected of (i) the date and time of the hearing and (ii) the right to be heard and make an objection to the remission or waiver of all or part of the order of court costs at least 15 days prior to hearing. Notice shall be made to the government entities affected by first-class mail to the address provided for receipt of court costs paid pursuant to the order. The costs referenced in this subsection are listed below: For each arrest or personal service of criminal process, including citations and subpoenas, the sum of five dollars ($5.00), to be remitted to the county wherein the arrest was made or process was served, except that in those cases in which the arrest was made or process served by a law-enforcement officer employed by a municipality, the fee shall be paid to the municipality employing the officer. For the use of the courtroom and related judicial facilities, the sum of twelve dollars ($12.00) in the district court, including cases before a magistrate, and the sum of thirty dollars ($30.00) in superior court, to be remitted to the county in which the judgment is rendered. In all cases where the judgment is rendered in facilities provided by a municipality, the facilities fee shall be paid to the municipality. Funds derived from the facilities fees shall be used exclusively by the county or municipality for providing, maintaining, and constructing adequate courtroom and related judicial facilities, including: adequate space and furniture for judges, district attorneys, public defenders and other personnel of the Office of Indigent Defense Services, magistrates, juries, and other court related personnel; office space, furniture and vaults for the clerk; jail and juvenile detention facilities; free parking for jurors; and a law library (including books) if one has heretofore been established or if the governing body hereafter decides to establish one. In the event the funds derived from the facilities fees exceed what is needed for these purposes, the county or municipality may use any or all of the excess to retire outstanding indebtedness incurred in the construction of the facilities, or to reimburse the county or municipality for funds expended in constructing or renovating the facilities (without incurring any indebtedness) within a period of two years before or after the date a district court is established in such county, or to supplement the operations of the General Court of Justice in the county. For the upgrade, maintenance, and operation of the judicial and county courthouse telecommunications and data connectivity, the sum of four dollars ($4.00), to be credited to the Court Information Technology Fund. Repealed by Session Laws 2015-241, s. 18A.11, effective July 1, 2015. For the retirement and insurance benefits of both State and local government law-enforcement officers, the sum of six dollars and twenty-five cents ($6.25), to be remitted to the State Treasurer. Fifty cents (50›) of this sum shall be administered as is provided in Article 12C of Chapter 143 of the General Statutes. Five dollars and seventy-five cents ($5.75) of this sum shall be administered as is provided in Article 12E of Chapter 143 of the General Statutes, with one dollar and twenty-five cents ($1.25) being administered in accordance with the provisions of G.S. 143-166.50(e). For the supplemental pension benefits of sheriffs, the sum of one dollar twenty-five cents ($1.25) to be remitted to the Department of Justice and administered under the provisions of Article 12H of Chapter 143 of the General Statutes. For the services, staffing, and operations of the Criminal Justice Education and Training Standards Commission, the sum of three dollars ($3.00) to be remitted to the Department of Justice. For legal representation to indigent defendants and others entitled to counsel under North Carolina law, the sum of two dollars ($2.00) to be remitted to the Office of Indigent Defense Services. For support of the General Court of Justice, the sum of one hundred forty-seven dollars and fifty cents ($147.50) in the district court, including cases before a magistrate, and the sum of one hundred fifty-four dollars and fifty cents ($154.50) in the superior court, to be remitted to the State Treasurer. For a person convicted of a felony in superior court who has made a first appearance in district court, both the district court and superior court fees shall be assessed. The State Treasurer shall remit the sum of ninety-five cents ($.95) of each fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A-474.19. For support of the General Court of Justice, the sum of ten dollars ($10.00) for all offenses arising under Chapter 20 of the General Statutes, to be remitted to the State Treasurer. For additional support of the General Court of Justice, the sum of fifty dollars ($50.00) for all offenses arising under Chapter 20 of the General Statutes and resulting in a conviction of an improper equipment offense, to be remitted to the State Treasurer. For using pretrial release services, the district or superior court judge shall, upon conviction, impose a fee of fifteen dollars ($15.00) to be remitted to the county providing the pretrial release services. This cost shall be assessed and collected only if the defendant had been accepted and released to the supervision of the agency providing the pretrial release services. For support of the General Court of Justice, the sum of two hundred dollars ($200.00) is payable by a defendant who fails to appear to answer the charge as scheduled, unless within 20 days after the scheduled appearance, the person either appears in court to answer the charge or disposes of the charge pursuant to G.S. 7A-146, and the sum of fifty dollars ($50.00) is payable by a defendant who fails to pay a fine, penalty, or costs within 40 days of the date specified in the court's judgment. The fee for failure to appear shall only be collected once in a criminal case. Upon a showing to the court that the defendant failed to appear because of an error or omission of a judicial official, a prosecutor, or a law-enforcement officer, the court shall waive the fee for failure to appear. These fees shall be remitted to the State Treasurer. For the services of the North Carolina State Crime Laboratory facilities, the district or superior court judge shall, upon conviction, order payment of the sum of six hundred dollars ($600.00) to be remitted to the Department of Justice for support of the Laboratory. This cost shall be assessed only in cases in which, as part of the investigation leading to the defendant's conviction, the laboratories have performed DNA analysis of the crime, tests of bodily fluids of the defendant for the presence of alcohol or controlled substances, or analysis of any controlled substance possessed by the defendant or the defendant's agent. For the services of any crime laboratory facility, the district or superior court judge shall, upon conviction, order payment of the sum of six hundred dollars ($600.00) to be remitted to the general fund of the local governmental unit that operates the laboratory or paid for the laboratory services. The funds shall be used for law enforcement purposes. The cost shall be assessed only in cases in which, as part of the investigation leading to the defendant's conviction, the laboratory has performed DNA analysis of the crime, test of bodily fluids of the defendant for the presence of alcohol or controlled substances, or analysis of any controlled substance possessed by the defendant or the defendant's agent. The costs shall be assessed only if the court finds that the work performed at the laboratory is the equivalent of the same kind of work performed by the North Carolina State Crime Laboratory under subdivision (7) of this subsection. For the services of any private hospital performing toxicological testing under contract with a prosecutorial district, the district or superior court judge shall, upon conviction, order payment of the sum of six hundred dollars ($600.00) to be remitted to the State Treasurer for the support of the General Court of Justice. The cost shall be assessed only in cases in which, as part of the investigation leading to the defendant's conviction, the laboratory has performed testing of bodily fluids of the defendant for the presence of alcohol or controlled substances. The costs shall be assessed only if the court finds that the work performed by the local hospital is the equivalent of the same kind of work performed by the North Carolina State Crime Laboratory under subdivision (7) of this subsection. For the support and services of the State DNA Database and DNA Databank, the sum of two dollars ($2.00). This amount is annually appropriated to the Department of Justice for this purpose. Notwithstanding the provisions of subsection (e) of this section, this cost does not apply to infractions. For the services of the North Carolina State Crime Laboratory facilities, the district or superior court judge shall, upon conviction, order payment of the sum of six hundred dollars ($600.00) to be remitted to the Department of Justice to be used for laboratory purposes. This cost shall be assessed only in cases in which, as part of the investigation leading to the defendant's conviction, the laboratories have performed digital forensics, including the seizure, forensic imaging, and acquisition and analysis of digital media. For the services of any crime laboratory facility, the district or superior court judge shall, upon conviction, order payment of the sum of six hundred dollars ($600.00) to be remitted to the general fund of the local law enforcement unit that operates the laboratory or paid for the laboratory services. The funds shall be used for laboratory services. The cost shall be assessed only in (i) cases in which, as part of the investigation leading to the defendant's conviction, the laboratory has performed digital forensics, including the seizure, forensic imaging, and acquisition and analysis of digital media, and (ii) if the court finds that the work performed at the laboratory is the equivalent of the same kind of work performed by the North Carolina State Crime Laboratory under subdivision (9a) of this subsection. For support of the General Court of Justice, the sum of one hundred dollars ($100.00) is payable by a defendant convicted under G.S. 20-138.1 or G.S. 20-138.2, for a second or subsequent conviction under G.S. 20-138.2A, or for a second or subsequent conviction under G.S. 20-138.2B, to be remitted to the State Treasurer. This fee shall be in addition to the fee required by subdivision (4a) of this subsection. For the services of an expert witness employed by the North Carolina State Crime Laboratory who completes a chemical analysis pursuant to G.S. 20-139.1, a forensic analysis pursuant to G.S. 8-58.20, or a digital forensics analysis and provides testimony about that analysis in a defendant's trial, the district or superior court judge shall, upon conviction of the defendant, order payment of the sum of six hundred dollars ($600.00) to be remitted to the Department of Justice for support of the State Crime Laboratory. This cost shall be assessed only in cases in which the expert witness provides testimony about the chemical or forensic analysis in the defendant's trial and shall be in addition to any cost assessed under subdivision (7) or (9a) of this subsection. For the services of an expert witness employed by a crime laboratory who completes a chemical analysis pursuant to G.S. 20-139.1, a forensic analysis pursuant to G.S. 8-58.20, or a digital forensics analysis and provides testimony about that analysis in a defendant's trial, the district or superior court judge shall, upon conviction of the defendant, order payment of the sum of six hundred dollars ($600.00) to be remitted to the general fund of the local governmental unit that operates the laboratory or paid for the laboratory services. The funds shall be used for laboratory services. This cost shall be assessed only in cases in which the expert witness provides testimony about the chemical or forensic analysis in the defendant's trial and shall be in addition to any cost assessed under subdivision (8) or (9b) of this subsection. For the services of an expert witness employed by a private hospital performing toxicological testing under contract with a prosecutorial district who completes a chemical analysis pursuant to G.S. 20-139.1 and provides testimony about that analysis in a defendant's trial, the district or superior court judge shall, upon conviction of the defendant, order payment of the sum of six hundred dollars ($600.00) to be remitted to the State Treasurer for the support of the General Court of Justice. This cost shall be assessed only in cases in which the expert witness provides testimony about the chemical analysis in the defendant's trial and shall be in addition to any cost assessed under subdivision (8a) of this subsection. Repealed by Session Laws 1997-475, s. 4.1. The Administrative Office of the Courts shall report on October 1, 2018, and annually thereafter, to the Joint Legislative Oversight Committee on Justice and Public Safety on the implementation of the notice of waiver of costs to the government entities directly affected as required by subsection (a) of this section. On appeal, costs are cumulative, and costs assessed before a magistrate shall be added to costs assessed in the district court, and costs assessed in the district court shall be added to costs assessed in the superior court, except that the fee for the Law-Enforcement Officers' Benefit and Retirement Fund and the Sheriffs' Supplemental Pension Fund and the fee for pretrial release services shall be assessed only once in each case. No superior court costs shall be assessed against a defendant who gives notice of appeal from the district court but withdraws it prior to the expiration of the 10-day period for entering notice of appeal. When a case is reversed on appeal, the defendant shall not be liable for costs, and the State shall be liable for the cost of printing records and briefs in the Appellate Division. Witness fees, expenses for blood tests and comparisons incurred by G.S. 8-50.1(a), jail fees and cost of necessary trial transcripts shall be assessed as provided by law in addition to other costs set out in this section. Nothing in this section shall limit the power or discretion of the judge in imposing fines or forfeitures or ordering restitution. In any criminal case in which the liability for costs, fines, restitution, attorneys' fees, or any other lawful charge has been finally determined, the clerk of superior court shall, unless otherwise ordered by the presiding judge, disburse the funds when paid in accordance with the following priorities: (d) (1) In any criminal case in which the liability for costs, fines, restitution, attorneys' fees, or any other lawful charge has been finally determined, the clerk of superior court shall, unless otherwise ordered by the presiding judge, disburse the funds when paid in accordance with the following priorities: Sums in restitution to the victim entitled thereto; Costs due the county; Costs due the city; Fines to the county school fund; Sums in restitution prorated among the persons other than the victim entitled thereto; Costs due the State; Attorney's fees, including appointment fees assessed pursuant to G.S. 7A-455.1. Sums in restitution received by the clerk of superior court shall be disbursed when: Complete restitution has been received; or When, in the opinion of the clerk, additional payments in restriction will not be collected; or Upon the request of the person or persons entitled thereto; and In any event, at least once each calendar year. Unless otherwise provided by law, the costs assessed pursuant to this section for criminal actions disposed of in the district court are also applicable to infractions disposed of in the district court. The costs assessed in superior court for criminal actions appealed from district court to superior court are also applicable to infractions appealed to superior court. If an infraction is disposed of in the superior court pursuant to G.S. 7A-271(d), costs applicable to the original charge are applicable to the infraction. The court may allow a defendant owing monetary obligations under this section to either make payment in full when costs are assessed or make payment on an installment plan arranged with the court. Defendants making use of an installment plan shall pay a onetime setup fee of twenty dollars ($20.00) to cover the additional costs to the court of receiving and disbursing installment payments. Fees collected under this subsection shall be remitted to the State Treasurer for support of the General Court of Justice. Changes to the costs or fees in this section apply to costs or fees assessed or collected on or after the effective date of the change. However, in misdemeanor or infraction cases disposed of on or after the effective date by written appearance, waiver of trial or hearing, or plea of guilt or admission of responsibility pursuant to G.S. 7A-180(4) or G.S. 7A-273(2), and within the time limit imposed by subdivision (a)(6) of this section, in which the citation or other criminal process was issued before the effective date, the costs or fees shall be the lesser of those specified in this section as amended, or those specified in the notice portion of the defendant's or respondent's copy of the citation or other criminal process, if any costs or fees are specified in that notice. History (1965, c. 310, s. 1; 1967, c. 601, s. 2; c. 691, ss. 27-29; c. 1049, s. 5; 1969, c. 1013, s. 3; c. 1190, ss. 28, 29; 1971, c. 377, ss. 19-21; c. 1129; 1973, c. 47, s. 2; 1975, c. 558, ss. 1, 2; 1975, 2nd Sess., c. 980, s. 1; 1979, c. 576, s. 3; 1981, c. 369; c. 691, s. 1; c. 896, s. 2; c. 959, s. 1; 1983, c. 713, ss. 2, 3; 1983 (Reg. Sess., 1984), c. 1034, s. 249; 1985, c. 479, s. 196(a); c. 729, ss. 2-4; c. 764, s. 17; 1986, Ex. Sess., c. 5; 1985 (Reg. Sess., 1986), c. 852, s. 17; c. 1015, s. 1; 1989, c. 664, ss. 1, 2; c. 786, s. 1; 1989 (Reg. Sess., 1990), c. 1044, s. 1; 1991, c. 742, s. 15(a); 1991 (Reg. Sess., 1992), c. 811, s. 1; 1993, c. 313, s. 2; 1996, 2nd Ex. Sess., c. 18, s. 22.13(a); 1997-475, s. 4.1; 1998-212, ss. 19.4(k), 29A.12(a); 2000-109, s. 4(a); 2000-144, s. 2; 2001-424, s. 22.14(a); 2002-126, ss. 29A.4(a), 29A.8(a), 29A.9(b); 2003-284, s. 30.19B(a); 2004-186, s. 4.4; 2005-250, s. 1; 2005-276, ss. 43.1(a), 29.30(b); 2005-363, s. 1; 2007-323, s. 30.8(a); 2008-107, s. 29.8(a); 2008-118, s. 2.9(a); 2009-451, s. 15.20(a), (b), (c); 2009-516, s. 1; 2009-575, s. 13A; 2010-31, s. 15.5(a); 2010-123, s. 6.1; 2010-147, s. 7.1; 2011-19, s. 5; 2011-145, ss. 15.10(a), 19.1(h), 31.23(a), 31.23B, 31.26(b), (c), 31.26A; 2011-191, s. 4; 2011-192, s. 7(n), (o); 2011-326, s. 2; 2011-391, ss. 63(a), (b), 66; 2012-142, ss. 16.5(b), 16.6(b); 2013-360, ss. 17.6(g), 18B.18(a), 18B.19(a); 2014-100, s. 18B.14(a); 2015-241, ss. 18A.11, 18A.23(b); 2015-247, s. 1(a); 2017-57, ss. 18B.5(a), 18B.6(a), 18B.10(a); 2018-5, s. 18B.1; 2019-150, s. 1; 2019-177, s. 9(a); 2020-68, s. 1; 2020-83, s. 10.1(b).) Cross References. - As to items allowed as costs generally, see G.S. 6-1. For the Indigent Defense Services Act, see Chapter 7A , Subchapter IX, Article 39B, G.S. 7A-498 et seq. Editor's Note. - The subdivisions in subsection (d), as amended by Session Laws 1998-212, s. 19.4(k), have been redesignated at the direction of the Revisor. Session Laws 2001-424, s. 22.14(i), provides: "The Administrative Office of the Courts shall report by April 15 of each year to the Chairs of the House of Representatives and Senate Appropriations Committees and the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Justice and Public Safety on the amount remitted to the State Bar pursuant to the provisions of G.S. 7A-304(a)(4), G.S. 7A-305(a)(2), G.S. 7A-306(a)(2), and 7A-307(a)(2). Each report shall include the amount remitted year-to-date and the projected amount for the entire fiscal year." Session Laws 2001-424, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2001'." Session Laws 2001-424, s. 36.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2001-2003 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2001-2003 fiscal biennium." Session Laws 2001-424, s. 36.5, is a severability clause. Session Laws 2011-19, s. 1, provides: "This act shall be known as 'The Forensic Sciences Act of 2011.'" Session Laws 2011-19, s. 5, provides: "The Revisor of Statutes shall replace the name of the State Bureau of Investigation Laboratory, or any other name which is identified with the State Bureau of Investigation Laboratory, with the name 'North Carolina State Crime Laboratory' wherever first used in a statute or session law and with 'State Crime Laboratory' at each subsequent location in the statute or session law." Session Laws 2011-145, s. 15.10(b), as amended by Session Laws 2014-100, s. 18B.2, provides: "The Administrative Office of the Courts shall make the necessary modifications to its information systems to maintain records of all cases in which the judge makes a finding of just cause to grant a waiver of criminal court costs under G.S. 7A-304(a) and shall report on those waivers to the Chairs of the Senate Appropriations Committee on Justice and Public Safety, the Chairs of the House Appropriations Subcommittee on Justice and Public Safety, and the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by February 1 of each year. The report shall aggregate the waivers by the district in which the waiver or waivers were granted and by the name of each judge granting a waiver or waivers." Session Laws 2011-145, s. 31.23B, as added by Session Laws 2011-192, s. 7(o), added a new subsection (d1), effective July 1, 2011. Session Laws 2011-192, s. 7(o) was subsequently repealed by Session Laws 2011-391, s. 63(a), effective July 1, 2011. Session Laws 2011-145, s. 31.26(b), was contingent upon House Bill 642, 2011 Regular Session, or other substantially similar legislation that requires a misdemeanant with a period of confinement of six months or less to serve the period in a local confinement facility, becoming law. House Bill 642 was enacted as Session Laws 2011-192. Session Laws 2011-145, s. 31.26(g), as added by Session Laws 2011-192, s. 7(n), provides: "This section becomes effective August 1, 2011." Session Laws 2011-145, s. 31.26A, effective July 1, 2011, amended the first sentence of subdivision (a)(7) by inserting "facilities or local law enforcement laboratory" and adding "or to the local law enforcement laboratory that performed the analysis" at the end. Session Laws 2011-145, s. 31.26A, was subsequently repealed by Session Laws 2011-391, s. 66, effective July 1, 2011, and the amendment to this section by Session Laws 2011-145, s. 31.26A, has not been given effect. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5 is a severability clause. Session Laws 2011-192, s. 7(n) and (o), were contingent upon House Bill 200, 2011 Regular Session, becoming law. House Bill 200 was enacted as Session Laws 2011-145. Session Laws 2011-192, s. 9, provides: "This act shall be known as 'The Justice Reinvestment Act of 2011'." Session Laws 2012-142, s. 16.6(c), made the amendments to this section by Session Laws 2012-142, s. 16.6(b), applicable to fees waived on or after July 1, 2012. Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'" Session Laws 2012-142, s. 27.7 is a severability clause. Session Laws 2013-360, s. 18B.11, provides: "The Judicial Department shall begin implementation of a cost-effective system for the acceptance of credit card payments for court costs to clerks of superior court as provided under this section. The Judicial Department shall select at least five counties that do not currently accept credit card payments, representing a balance of the urban and rural areas of the State, and shall implement the system in those counties by January 1, 2014. The Department shall report on this implementation and on its plans for implementing the system in the remaining counties of the State to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by February 1, 2014. The Department shall implement the system in the remaining counties of the State by January 1, 2015, and shall report on this statewide implementation to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by February 1, 2015." Session Laws 2013-360, s. 18B.18(b), made the amendments to subdivision (a)(3b) by Session Laws 2013-360, s. 18B.19(a), applicable to fees assessed or collected on or after August 1, 2013. Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5 is a severability clause. Session Laws 2014-100, s. 18B.14(b), made the amendment to this section by Session Laws 2014-100, s. 18B.14(a), effective December 1, 2014, and applicable to fees assessed or collected on or after that date. Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2015-247, which, in s. 1(a), amended subdivision (a)(6) by substituting "40 days" for "20 days," in s. 1(c), provides, "This section becomes effective December 1, 2015, except that a failure to pay after 20 days occurring before the effective date of this act is not abated or affected by this act and the statutes that would be applicable but for this act remain applicable to that failure to pay." Session Laws 2017-57, s. 18B.6(b), made the last three sentences of the introductory language of subsection (a) of this section, as added by Session Laws 2017-57, s. 18B.6(a), effective December 1, 2017, and applicable to all cases arising on or after that date. The bracketed language "[The costs are listed below:]" was added to the end of the introductory language of subsection (a), as amended by Session Laws 2017-57, s. 18B.6(a), at the direction of the Revisor of Statutes. The problem was corrected by Session Laws 2019-177, s. 9(a). Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.7, is a severability clause. Session Laws 2019-150, s. 2, made the amendment of subdivisions (a)(8), (9b), and (12) of this section by Session Laws 2019-150, s. 1, effective July 1, 2019, and applicable to costs assessed on or after that date. Session Laws 2020-68, s. 2, made the second sentence in subdivision (a)(6) of this section by Session Laws 2020-68, s. 1, effective December 1, 2020, and applicable to costs assessed on or after that date. Session Laws 2020-83, s. 10.1(g), made the amendment of subsection (a) of this section by Session Laws 2020-83, s. 10.1(b), effective December 1, 2020, and applicable to costs assessed on or after that date. Effect of Amendments. - Session Laws 2007-323, s. 30.8(a), effective August 1, 2007, in subdivision (a)(4), in the first sentence, substituted "ninety-five dollars and fifty cents ($95.50)" for "eighty-five dollars and fifty cents ($85.50)" and substituted "one hundred two dollars and fifty cents ($102.50)" for "ninety two dollars and fifty cents ($92.50)," substituted "two dollars and five cents ($2.05)" for "one dollar and five cents ($1.05)" in the third sentence; and, in subdivision (a)(6), substituted "the sum of one hundred dollars ($100.00) is payable by a defendant who fails to appear to answer the charge as scheduled, unless within 20 days after the scheduled appearance, the person either appears in court to answer the charge or disposes of the charge pursuant to G.S. 7A-146" for "for the issuance by the clerk of a report to the Division of Motor Vehicles pursuant to G.S. 20-24.2 the sum of fifty dollars ($50.00), to be remitted to the State Treasurer" in the first sentence and added the last sentence. For applicability provision, see Editor's note. Session Laws 2008-107, s. 29.8(a), as amended by Session Laws 2008-118, s. 2.9(a), effective July 20, 2008, added subdivision (a)(2a). See Editor's note for applicability. Session Laws 2009-451, s. 15.20(a) and (c), effective September 1, 2009, in subdivision (a)(2a), substituted "three dollars ($3.00)" for "one dollar ($1.00)"; added subdivisions (a)(3b) and (a)(4a); in subdivision (a)(6), in the first sentence, substituted "two hundred dollars ($200.00)" for "one hundred dollars ($100.00)" near the beginning, and added "and the sum of twenty-five dollars ($25.00) is payable by a defendant who fails to pay a fine, penalty, or costs within 20 days of the date specified in the court's judgment" at the end, substituted "the fee for failure to appear" for "this fee" at the end of the third sentence, and "These fees" for "This fee" at the beginning of the last sentence; in subdivision (a)(7), substituted "six hundred dollars ($600.00)" for "three hundred dollars ($300.00)" in the first sentence; and added subsection (f). See Editor's note for applicability. Session Laws 2009-451, s. 15.20(b), effective July 1, 2010, in subdivision (a)(2a) substituted "four dollars ($4.00)" for "three dollars ($3.00)"; and in subdivision (a)(4a), substituted "ten dollars ($10.00)" for "five dollars ($5.00)." See Editor's note for applicability. Session Laws 2009-516, s. 1, effective August 26, 2009, deleted "with the approval of the Administrative Officer of the Courts as to the amount" preceding "use any" in the last sentence of subdivision (a)(2). Session Laws 2009-575, s. 13A, effective July 1, 2009, in subsection (f), substituted "monetary obligations" for "costs" in the first sentence, and "subsection" for "section" in the last sentence. Session Laws 2010-31, s. 15.5(a), as amended by Session Laws 2010-123, s. 6.1, effective October 1, 2010, in the first sentence of subdivision (a)(4), substituted "one hundred dollars and fifty cents ($100.50)" for "ninety-five dollars and fifty cents ($95.50)"; and in the first sentence of subdivision (a)(6), substituted "fifty dollars ($50.00)" for "twenty-five dollars ($25.00)." For applicability, see Editor's note. Session Laws 2010-147, s. 7.1, effective October 1, 2010, added subdivision (a)(9). For applicability, see Editor's note. Session Laws 2011-19, s. 5, effective March 31, 2011, substituted "North Carolina State Crime Laboratory" for "State Bureau of Investigation laboratory" near the beginning of (a)(7). Session Laws 2011-145, s. 15.10(a), effective July 1, 2011, in subsection (a), in the first sentence, deleted "except that when the judgment imposes an active prison sentence, costs shall be assessed and collected only when the judgment specifically so provides" following "shall be assessed and collected" and substituted the present second sentence for "and that no costs may be assessed when a case is dismissed," and added the last sentence. Session Laws 2011-145, s. 19.1(h), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" in subdivisions (a)(2b) and (a)(4b). Session Laws 2011-145, s. 31.23(a), effective July 1, 2011, in subdivision (a)(4), substituted "one hundred twenty-nine dollars and fifty cents ($129.50)" for "one hundred dollars and fifty cents ($100.50)," "one hundred fifty-four dollars and fifty cents ($154.50)" for "one hundred two dollars and fifty cents ($102.50)," and "one dollar and fifty cents ($1.50" for "two dollars and five cents ($2.05)." Session Laws 2011-145, s. 31.23B, as added by Session Laws 2011-391, s. 63(b), effective July 1, 2011, added subsection (g). Session Laws 2011-145, s. 31.26(b) and (c), effective August 1, 2011, added subdivisions (a)(2b) and (a)(4b). Session Laws 2011-191, s. 4, effective December 1, 2011, and applicable to offenses committed on or after that date, added subdivision (a)(10). Session Laws 2011-326, s. 2, effective June 27, 2011, substituted "Article 12H" for "Article 12G" in subdivision (a)(3a). Session Laws 2012-142, s. 16.5(b), effective July 2, 2012, and expiring June 30, 2013, inserted "State judicial facilities and" and inserted "and Facilities" in subdivision (a)(2a). Session Laws 2012-142, s. 16.6(b), effective July 1, 2012, in subsection (a), deleted the former last sentence which read: "Costs under this section may not be waived unless the judge makes a written finding of just cause to grant such a waiver" and added the present last sentence; deleted the last sentence of subdivisions (a)(7) and (a)(8) which read: "The court may waive or reduce the amount of the payment required by this subdivision upon a finding of just cause to grant such a waiver or reduction." For applicability, see editor's note. Session Laws 2013-360, s. 17.6(g), effective July 1, 2013, substituted "Laboratory" for "State Bureau of Investigation" in subdivision (a)(7); substituted "North Carolina State Crime Laboratory" for "State Bureau of Investigation" in subdivision (a)(8); and deleted "Bureau of Investigation" following "State" in subdivision (a)(9). Session Laws 2013-360, ss. 18B.18(a) and 18B.19(a), effective August 1, 2013, substituted "subdivision (7), (8), (11), or (12)" for "subdivisions (7) or (8)" in the introductory paragaph of subsection (a); in subdivision (a)(3b), deleted "Commission and the Sheriffs' Education and Training Standards" following "and Standards" in the first sentence, and deleted the second sentence, which formerly read "One dollar and thirty cents ($1.30) of this sum shall be used exclusively for the Criminal Justice Education and Standards Commission, and seventy cents (70 › ) shall be used exclusively for the Sheriffs' Education and Training Standards Commission"; and added subdivisions (a)(11) and (a)(12). For applicability, see editor's note. Session Laws 2014-100, s. 18B.14(a), in subsection (a), substituted "(7), (8), (8a), (11), (12), or (13) of this section" for "(7), (8), (11), or (12) of this section" in the introductory language; and added subdivisions (a)(8a) and (a)(13). See Editor's note for effective date and applicability. Session Laws 2015-241, ss. 18A.11 and 18A.23(b), effective July 1, 2015, in subsection (a), substituted "telecommunications and data connectivity" for "phone systems" in subdivision (2a); deleted subdivision (2b), pertaining to the fee for the maintenance of misdemeanors in county jails; substituted "one hundred forty-seven dollars and fifty cents ($147.50)" for "one hundred twenty-nine dollars and fifty cents ($129.50)" in subdivision (4); and substituted "For additional support of the General Court of Justice," for "To provide for contractual services to reduce county jail populations," and "State Treasurer" for "Statewide Misdemeanor Confinement Fund in the Division of Adult Correction of the Department of Public Safety" in subdivision (4b). Session Laws 2015-247, s. 1(a), effective December 1, 2015, substituted "40 days" for "20 days" preceding "of the date specified" in subdivision (a)(6). For applicability, see editor's note. Session Laws 2017-57, s. 18B.5.(a), effective June 28, 2017, added subdivisions (a)(9a) and (a)(9b); in subdivision (a)(11), substituted "G.S. 20-139.1, a forensic analysis pursuant to G.S. 8-58.20, or a digital forensics analysis" for "G.S. 20-139.1 or a forensic analysis pursuant to G.S. 8-58.20" in the first sentence, and substituted "subdivision (7) or (9a)" for "subdivision (7)" in the last sentence; and, in subdivision (a)(12), added "or a digital forensics analysis" in the first sentence, substituted "law enforcement laboratory" for "law enforcement" at the end, substituted "subdivision (8) or (9b)" for "subdivision (8)" in the last sentence, and made stylistic changes. Session Laws 2017-57, s. 18B.6.(a), added the last three sentences in the introductory language of subsection (a). For effective date and applicability, see editor's note. Session Laws 2017-57, s. 18B.10.(a), effective June 28, 2017, deleted "one dollar and fifty cents ($1.50) of each fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A-474.4, and" following "The State Treasurer shall remit the sum of" at the beginning of the third sentence of subdivision (a)(4). Session Laws 2018-5, s. 18B.1, effective July 1, 2018, added subsection (a2). Session Laws 2019-150, s. 1, effective July 1, 2019, rewrote subdivisions (a)(8), (9b) and (12). For effective date and applicability, see editor's note. Session Laws 2019-177, s. 9(a), effective July 26, 2019, substituted "subsection" for "section" at the end of the third sentence in subsection (a); added "The costs are listed below:" at the end of the first paragraph in subsection (a); substituted "the" for "such" in the first sentence of subdivision (d)(1); and substituted "subdivision (a)(6) of this section" for "G.S. 7A-304(a)(6)" in subsection (g). Session Laws 2020-68, s. 1, added the second sentence in subdivision (a)(6). For effective date and applicability, see editor's note. Session Laws 2020-83, s. 10.1(b), added "The costs referenced in this subsection are listed below:" in the introductory paragraph of subsection (a); substituted "three dollars ($3.00)" for "two dollars ($2.00)" in subdivision (a)(3b); and added subdivision (a)(3c). For effective date and applicability, see editor's note. Legal Periodicals. - For 1997 legislative survey, see 20 Campbell L. Rev. 481. For article, "Criminalizing Poverty in North Carolina: Fines and Fees," see 41 N.C. Cent. L. Rev. 25 (2018).