2013 Maryland Code
COURTS AND JUDICIAL PROCEEDINGS
§ 7-302 - Collection and disposition of costs, fines, penalties, and forfeitures

§7-302.

(a) Except as provided in subsections (b) through (f) of this section, the clerks of the District Court shall:

(1) Collect costs, fines, forfeitures, or penalties imposed by the court; and

(2) Remit them to the State under a system agreed upon by the Chief Judge of the District Court and the Comptroller.

(b) If a parking or impounding fine, penalty, or forfeiture, or a fine, penalty, or forfeiture relating to violation of housing, building, fire, health, or sanitation codes, or a Mass Transit Fare Payment Statute, or a fine or penalty relating to failure to pay the prescribed toll at an Authority highway, as defined in § 21-1401 of the Transportation Article, is collected by the District Court pursuant to a local ordinance, law, or regulation of a political subdivision or municipality, or pursuant to a regulation of an agency of State government authorized to regulate parking of motor vehicles, or pursuant to a statute pertaining to the payment of mass transit fares, or pursuant to a statute pertaining to the failure to pay tolls, it shall be remitted to the respective local government, or to the State agency.

(c) Every agency of State government, political subdivision or municipality which has enacted or which shall enact an ordinance, law, or regulation controlling the parking of motor vehicles, or providing for the impounding of motor vehicles, or pertaining to the failure to pay tolls shall provide that fines, penalties or forfeitures for the violation of said ordinances, laws, or regulations shall be paid directly to the State agency, political subdivision or municipality, and not to the District Court, in uncontested cases.

(d) Every ordinance, law, or regulation controlling the parking of motor vehicles or providing for impounding such vehicles or pertaining to the failure to pay tolls shall provide that the person receiving a citation may elect to stand trial for said offense by notifying the State agency, political subdivision or municipality of his intention of standing trial, which notice shall be given at least five (5) days prior to the date of payment as set forth in the citation. Upon receipt of the notice of such intention to stand trial, the political subdivision or municipality shall forward to the District Court in said political subdivision or municipality, and the State agency shall forward to the District Court having venue, a copy of the citation and a copy of the notice from the person who received the citation indicating his intention to stand trial. Upon receipt thereof, the District Court shall schedule the case for trial and notify the defendant of the trial date under procedures to be adopted by the Chief Judge of the District Court. All parking or impounding fines, penalties or forfeitures or failure to pay toll penalties collected through the District Court pursuant to a parking or impounding or toll collection ordinance, law, or regulation enacted by a State agency, political subdivision or municipality shall be remitted to the respective local government or State agency.

(e) (1) A citation issued pursuant to § 21-202.1, § 21-706.1, § 21-809, § 21-810, or § 24-111.3 of the Transportation Article shall provide that the person receiving the citation may elect to stand trial by notifying the issuing agency of the person’s intention to stand trial at least 5 days prior to the date of payment as set forth in the citation. On receipt of the notice to stand trial, the agency shall forward to the District Court having venue a copy of the citation and a copy of the notice from the person who received the citation indicating the person’s intention to stand trial. On receipt thereof, the District Court shall schedule the case for trial and notify the defendant of the trial date under procedures adopted by the Chief Judge of the District Court.

(2) A citation issued as the result of a vehicle height monitoring system, a traffic control signal monitoring system, or a speed monitoring system, including a work zone speed control system, controlled by a political subdivision or a school bus monitoring camera shall provide that, in an uncontested case, the penalty shall be paid directly to that political subdivision. A citation issued as the result of a traffic control signal monitoring system or a work zone speed control system controlled by a State agency, or as a result of a vehicle height monitoring system, a traffic control signal monitoring system, a speed monitoring system, or a school bus monitoring camera in a case contested in District Court, shall provide that the penalty shall be paid directly to the District Court.

(3) Civil penalties resulting from citations issued using a vehicle height monitoring system, traffic control signal monitoring system, speed monitoring system, work zone speed control system, or school bus monitoring camera that are collected by the District Court shall be collected in accordance with subsection (a) of this section and distributed in accordance with § 12-118 of the Transportation Article.

(4) (i) From the fines collected by a political subdivision as a result of violations enforced by speed monitoring systems or school bus monitoring cameras, a political subdivision:

1. May recover the costs of implementing and administering the speed monitoring systems or school bus monitoring cameras; and

2. Subject to subparagraph (ii) of this paragraph, may spend any remaining balance solely for public safety purposes, including pedestrian safety programs.

(ii) 1. For any fiscal year, if the balance remaining from the fines collected by a political subdivision as a result of violations enforced by speed monitoring systems, after the costs of implementing and administering the systems are recovered in accordance with subparagraph (i)1 of this paragraph, is greater than 10% of the total revenues of the political subdivision for the fiscal year, the political subdivision shall remit any funds that exceed 10% of the total revenues to the Comptroller.

2. The Comptroller shall deposit any money remitted under this subparagraph to the General Fund of the State.

(5) From the fines collected by Baltimore City as a result of violations enforced by vehicle height monitoring systems, Baltimore City may:

(i) Recover the costs of implementing and administering the vehicle height monitoring systems; and

(ii) Spend the remaining balance solely on roadway improvements.

(f) (1) A citation issued under § 10-112 of the Criminal Law Article shall provide that the person receiving the citation may elect to stand trial by notifying the Baltimore City Department of Public Works of the person’s intention to stand trial at least 5 days prior to the date of payment as set forth in the citation. On receipt of the notice to stand trial, the Baltimore City Department of Public Works shall forward to the District Court having venue a copy of the citation and a copy of the notice from the person who received the citation indicating the person’s intention to stand trial. On receipt thereof, the District Court shall schedule the case for trial and notify the defendant of the trial date under procedures adopted by the Chief Judge of the District Court.

(2) A citation issued as a result of the use of a surveillance system shall provide that, in an uncontested case, the penalty shall be paid directly to Baltimore City.

(3) Civil penalties collected by the District Court resulting from citations issued as a result of the use of a surveillance system shall be collected in accordance with subsection (a) of this section and distributed to Baltimore City.