North Carolina HB 945: Court Costs/Fees Changes.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1991

CHAPTER 811
HOUSE BILL 945

AN ACT TO ADJUST FEES IN THE GENERAL COURT OF JUSTICE AND THE
FACILITIES FEE, TO ALLOW THE PRORATING OF WATER FEES, AND TO
ESTABLISH THE PERCENTAGE RATE FOR THE INSURANCE
REGULATORY CHARGE AND THE PUBLIC UTILITY REGULATORY FEE.

The General Assembly of North Carolina enacts:

Section 1. G.S. 7A-304(a) reads as rewritten:
"(a) 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,
except that when the judgment imposes an active prison sentence, costs shall be
assessed and collected only when the judgment specifically so provides, and that no
costs may be assessed when a case is dismissed.
(1) 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.
(2) For the use of the courtroom and related judicial facilities, the sum of
five dollars ($5.00) six dollars ($6.00) in the district court, including
cases before a magistrate, and the sum of twenty-three dollars ($23.00)
twenty-four dollars ($24.00) 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, 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, with the approval of

Page 2 S.L. 1991-811 House Bill 945
the Administrative Officer of the Courts as to the amount, 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.
(3) For the retirement and insurance benefits of both State and local
government law-enforcement officers, the sum of seven dollars and
twenty-five cents ($7.25), 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). One dollar ($1.00) of this sum shall
be administered as is provided in Article 12F of Chapter 143 of the
General Statutes.
(3a) For the supplemental pension benefits of sheriffs, the sum of seventy-
five cents (75¢), to be remitted to the Department of Justice and
administered under the provisions of Article 12G of Chapter 143 of the
General Statutes.
(4) For support of the General Court of Justice, the sum of thirty-seven
dollars ($37.00) forty-one dollars ($41.00) in the district court,
including cases before a magistrate, and the sum of forty-four dollars
($44.00) forty-eight dollars ($48.00) in the superior court, to be
remitted to the State Treasurer.
(5) 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."
Sec. 2. G.S. 7A-305(a) reads as rewritten:
"(a) In every civil action in the superior or district court the following costs shall
be assessed:
(1) For the use of the courtroom and related judicial facilities, the sum of
five dollars ($5.00) six dollars ($6.00) in cases heard before a
magistrate, and the sum of nine dollars ($9.00)