2005 Idaho Code - 19-4705 — PAYMENT OF FINES AND FORFEITURES -- SATISFACTION OF JUDGMENT -- DISPOSITION -- APPORTIONMENT

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 47
                            DISPOSITIONS OF FINES,
                            FORFEITURES, AND COSTS
    19-4705.  PAYMENT OF FINES AND FORFEITURES -- SATISFACTION OF JUDGMENT --
DISPOSITION -- APPORTIONMENT. (1) Except as otherwise provided in subsection
(2) of this section:
    (a)  All fines and forfeitures collected pursuant to the judgment of any
    court of the state shall be remitted to the court in which the judgment
    was rendered. The judgment shall then be satisfied by entry in the docket
    of the court. The clerk of the court shall daily remit all fines and
    forfeitures to the county auditor who shall at the end of each month
    apportion the proceeds according to the provisions of this chapter. Other
    existing laws regarding the disposition of fines and forfeitures are
    hereby repealed to the extent such laws are inconsistent with the
    provisions of this chapter except as provided in section 49-1013(3), Idaho
    Code.
    (b)  Fines and forfeitures remitted for violations of fish and game laws
    shall be apportioned two and one-half percent (2 1/2%) to the state
    treasurer for deposit in the state general fund, ten percent (10%) to the
    search and rescue account, twenty-two and one-half percent (22 1/2%) to
    the district court fund and sixty-five percent (65%) to the fish and game
    fund.
    (c)  Fines and forfeitures remitted for violations of state motor vehicle
    laws, for violation of state driving privilege laws, and for violation of
    state laws prohibiting driving while under the influence of alcohol, drugs
    or any other intoxicating substances, shall be apportioned ten percent
    (10%) to the state treasurer of which eighty-six percent (86%) shall be
    deposited to the state general fund and fourteen percent (14%) shall be
    deposited to the peace officers standards and training fund authorized in
    section 19-5116, Idaho Code, forty-five percent (45%) to the state
    treasurer for deposit in the highway distribution account, twenty-two and
    one-half percent (22 1/2%) to the district court fund and twenty-two and
    one-half percent (22 1/2%) to the state treasurer for deposit in the
    public school income fund; provided, however, that fines and forfeitures
    remitted for violation of state motor vehicle laws, for violation of state
    driving privilege laws, and for violation of state laws prohibiting
    driving while under the influence of alcohol, drugs or any other
    intoxicating substances, where an arrest is made or a citation is issued
    by a city law enforcement official, or by a law enforcement official of a
    governmental agency under contract to provide law enforcement services for
    a city, shall be apportioned ten percent (10%) to the state treasurer of
    which eighty-six percent (86%) shall be deposited to the state general
    fund and fourteen percent (14%) shall be deposited to the peace officers
    standards and training fund authorized in section 19-5116, Idaho Code, and
    ninety percent (90%) to the city whose officer made the arrest or issued
    the citation.
    (d)  Fines and forfeitures remitted for violation of any state law not
    involving fish and game laws, or motor vehicle laws, or state driving
    privilege laws, or state  laws prohibiting driving while under the
    influence of alcohol, drugs or any other intoxicating substances, shall be
    apportioned ten percent (10%) to the state treasurer of which eighty-six
    percent (86%) shall be deposited to the state general fund and fourteen
    percent (14%) shall be deposited to the peace officers standards and
    training fund authorized in section 19-5116, Idaho Code, and ninety
    percent (90%) to the district court fund of the county in which the
    violation occurred.
    (e)  Fines and forfeitures remitted for violation of county ordinances
    shall be apportioned ten percent (10%) to the state treasurer of which
    eighty-six percent (86%) shall be deposited to the state general fund and
    fourteen percent (14%) shall be deposited to the peace officers standards
    and training fund authorized in section 19-5116, Idaho Code, and ninety
    percent (90%) to the district court fund of the county whose ordinance was
    violated.
    (f)  Fines and forfeitures remitted for violation of city ordinances shall
    be apportioned ten percent (10%) to the state treasurer of which
    eighty-six percent (86%) shall be deposited to the state general fund and
    fourteen percent (14%) shall be deposited to the peace officers standards
    and training fund authorized in section 19-5116, Idaho Code, and ninety
    percent (90%) to the city whose ordinance was violated.
    (g)  Fines and forfeitures remitted for violations not specified in this
    chapter shall be apportioned ten percent (10%) to the state treasurer of
    which eighty-six percent (86%) shall be deposited to the state general
    fund and fourteen percent (14%) shall be deposited to the peace officers
    standards and training fund authorized in section 19-5116, Idaho Code, and
    ninety percent (90%) to the district court fund of the county in which the
    violation occurred except in cases where a duly designated officer of any
    city police department or city law enforcement official shall have made
    the arrest for any such violation, in which case ninety percent (90%)
    shall be apportioned to the city whose officer made the arrest.
    (h)  Fines and forfeitures remitted for violations involving registrations
    of motorcycles or motor-driven cycles used off highways, snowmobiles, or
    use of winter recreation parking areas shall be apportioned ten percent
    (10%) to the state treasurer of which eighty-six percent (86%) shall be
    deposited to the state general fund and fourteen percent (14%) shall be
    deposited to the peace officers standards and training fund authorized in
    section 19-5116, Idaho Code, and ninety percent (90%) to the general fund
    of the county or city whose law enforcement official issued the citation.
    (i)  Fines and forfeitures remitted for violations of overweight laws as
    provided in section 49-1013(3), Idaho Code, shall be deposited one hundred
    percent (100%) into the highway distribution account.
    (2)  Any fine or forfeiture remitted for any misdemeanor violation for
which an increase in the maximum fine became effective on or after July 1,
2005, shall be apportioned as follows:
    (a)  Any funds remitted, up to the maximum amount that could have been
    imposed before July 1, 2005, as a fine for the misdemeanor violation,
    shall be apportioned according to the applicable provisions of subsection
    (1) of this section; and
    (b)  Any other funds remitted, in excess of the maximum amount that could
    have been imposed before July 1, 2005, as a fine for the misdemeanor
    violation, shall be remitted to the state treasurer and shall be deposited
    in the drug court, mental health court and family court services fund as
    set forth in section 1-1625, Idaho Code.
    (3)  As used in this section, the term "city law enforcement official"
shall include an official of any governmental agency which is providing law
enforcement services to a city in accordance with the terms of a contract or
agreement, when such official makes the arrest or issues a citation within the
geographical limits of the city and when the contract or agreement provides
for payment to the city of fines and forfeitures resulting from such service.