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Current as of January 01, 2025 | Updated by Findlaw Staff
(1)(a)(I) A surcharge equal to thirty-seven percent of the fine imposed for each felony, misdemeanor, or class 1 or class 2 misdemeanor traffic offense, or a surcharge of one hundred sixty-three dollars for felonies, seventy-eight dollars for misdemeanors, forty-six dollars for class 1 misdemeanor traffic offenses, and thirty-three dollars for class 2 misdemeanor traffic offenses, whichever amount is greater, except as otherwise provided in subsection (1)(b) of this section, is levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided in section 18-1.3-102, which criminal action is charged pursuant to state statute. The defendant shall pay these surcharges to the clerk of the court. Each clerk shall transmit the money to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.
(II)(A) In addition to any other surcharge provided for in this section, a surcharge of one thousand three hundred dollars shall be 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., which criminal action is charged pursuant to the statutes listed in sub-subparagraph (B) of this subparagraph (II). These surcharges shall be paid to the clerk of the court by the defendant. Any moneys collected by the clerk pursuant to this subparagraph (II) shall be transmitted to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.
(B) The surcharge in sub-subparagraph (A) of this subparagraph (II) shall apply to charges brought pursuant to the following sections: 18-3-305, 18-3-402, 18-3-403, as it existed prior to July 1, 2000, 18-3-404, 18-3-405, 18-3-405.3, 18-3-405.5, 18-3-503, 18-3-504, 18-6-301, 18-6-302, 18-6-403, 18-6-404, 18-7-302, 18-7-402, 18-7-405, 18-7-405.5, and 18-7-406, C.R.S., or any attempt to commit any of these crimes.
(C) Deleted by Laws 1993, S.B.93-14, § 5, eff. June 9, 1993.
(b)(I) A surcharge shall be levied against a penalty assessment imposed for a violation of a class A or class B traffic infraction or class 1 or class 2 misdemeanor traffic offense pursuant to section 42-4-1701, C.R.S. The amount of such surcharge shall be one half of the amount specified in the penalty and surcharge schedule in section 42-4-1701(4), C.R.S., or, if no amount is specified, thirty-seven percent of the penalty imposed. All moneys collected by the department of revenue pursuant to this subparagraph (I) shall be transmitted to the court administrator of the judicial district in which the infraction occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district as provided in section 42-1-217, C.R.S. Surcharges paid to the clerk of the court pursuant to this subparagraph (I) 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.
(II) A surcharge shall be levied against all penalty assessments issued pursuant to section 33-6-104, C.R.S., in an amount equal to thirty-seven percent of the penalty imposed. Any moneys collected by the division of parks and wildlife pursuant to this subparagraph (II) 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.
(III) A surcharge of eight dollars is levied against each penalty imposed for violation of a civil infraction pursuant to section 16-2.3-101. The clerk of the court shall transmit all money collected to the court administrator of the judicial department in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.
(c) All calculated surcharge amounts resulting in dollars and cents shall be rounded down to the nearest whole dollar. The surcharge levied by this section may not be suspended or waived by the court unless the court determines that the defendant is indigent.
(d) The surcharges levied pursuant to this subsection (1) are separate and distinct from costs levied pursuant to section 24-4.1-119 for the crime victim compensation fund.
(1.5) Repealed by Laws 2007, Ch. 275, § 3, eff. July 1, 2008.
(2) The provisions of sections 18-1.3-701 and 18-1.3-702, C.R.S., shall be applicable to the collection of costs levied pursuant to this section.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 24. Government State § 24-4.2-104. Surcharges levied on criminal actions and traffic offenses - last updated January 01, 2025 | https://codes.findlaw.com/co/title-24-government-state/co-rev-st-sect-24-4-2-104/
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