SB 2057 — Relating to court fees.

25.8031.02000 Sixty-ninth Legislative Assembly of North Dakota FIRSTIn ENGROSSMENTRegular ENGROSSEDSession Commencing Tuesday, January 7, 2025 SENATE BILL NO.

2057 Introduced(Judiciary byCommittee) Judiciary Committee (At the request of the Supreme Court) AAN BILLACT for an Act to amend and reenact subsection 6 of section 12.1-32-08 and sections 27-01-10, 27-03-05, 27-05.2-03, and 29-26-22 of the North Dakota Century Code, relating to court fees.

Section 27-01-10 of the North Dakota Century Code is amended and reenacted as follows:

Page No.

1 25.8031.02000 Sixty-ninth Legislative Assembly 27-01-10.

Fee assessments for funding crime victim and witness programs.

1.

The governing body of a county shall, by resolution, authorize the district judges serving that county to assess a fee under subsection 3 of not more than twenty-fivefifty dollars as part of a sentence imposed on a defendant who pleads guilty to or is convicted of a criminal offense or of violating a municipal ordinance for which the maximum penalty that may be imposed by law for the offense or violation includes imprisonment.

2.

The governing body of a city shall, by ordinance, authorize a municipal judge to assess a fee under subsection 3 of not more than twenty-fivefifty dollars as part of a sentence imposed on a defendant who pleads guilty to or is convicted of violating a municipal ordinance for which the maximum penalty that may be imposed under the ordinance for the violation includes imprisonment.

3.

The governing body of the county or city shall determine the amount of the fee to be assessed in all cases or it may authorize the district or municipal judge to determine the amount of the fee to be assessed in each case.

The fee assessed under this section is in addition to any fine, penalty, costs, or administrative fee prescribed by law.

The district or municipal judge shall assess the fee when sentence is imposed or when sentence is suspended or imposition of sentence is deferred, unless the defendant is indigent and unable to pay the fee.

All fees paid to a district or municipal court under this section must be deposited monthly in the county or city treasury for allocation by the governing body of the county or city to one or more of the following programs as determined by the governing body or by agreement of the attorney general, the North Dakota league of cities, and the North Dakota association of counties:

a.

A private, nonprofit domestic violence or sexual assault program.

b.

A victim and witness advocacy program of which the primary function is to provide direct services to victims of and witnesses to crime.

c.

The statewide automated victim information and notification system, as provided for under chapter 12.1-34.

SECTION 3.

AMENDMENT.

Page27-03-05. No.

2 25.8031.02000 Sixty-ninth Legislative Assembly 27-03-05.

SECTION 4.3.

(2)S. For the filing of a petition for dissolution of marriage, annulment, or separation from bed and board, fifty dollars of this fee must be paid by the clerk of court to the state treasurer for deposit in the displaced homemaker account created by section 14-06.1-14 and fifteen dollars of this fee must be paid by the clerk of court to the state treasurer for deposit in the state general fund.

B.

NO.

2057 - PAGE 2 (2) For the filing of a petition for dissolution of marriage, annulment, or separation from bed and board, fifty dollars of this fee must be paid by the clerk of court to the state treasurer for deposit in the displaced homemaker account created by section 14-06.1-14 and fifteen dollars of this fee must be paid by the clerk of court to the state treasurer for deposit in the state general fund.

Any fees collected under Pagethis No.paragraph which exceed nine hundred thousand dollars in any biennium must be paid by the clerk of court to the state treasurer for deposit in the state general fund.

3 25.8031.02000 Sixty-ninth Legislative Assembly this paragraph which exceed nine hundred thousand dollars in any biennium must be paid by the clerk of court to the state treasurer for deposit in the state general fund.

PageSECTION No.4.

4 25.8031.02000 Sixty-ninth Legislative Assembly SECTION 5.

The court administration fee must include a fee of one hundred twenty-fivetwotwenty-five hundred fifty dollars for a class B misdemeanor, two hundredfour hundred dollarsS. for a class A misdemeanor, four hundredeight hundred dollars for a class C felony, six hundred fiftyone thousand three hundred dollars for a class B felony, and nine hundredone thousand eight hundred dollars for a class A or AA felony.

B.

NO.

2057 - PAGE 3 dollars for a class A misdemeanor, four hundred dollars for a class C felony, six hundred fifty dollars for a class B felony, and nine hundred dollars for a class A or AA felony.

In addition, in all criminal cases except infractions, the court administration fee must includethe court shall impose an indigent defense and court facilities fee of one hundredtwo hundred dollars.

Of the additional one hundredtwo hundred dollar court administration fee, the first seven hundred fifty thousand dollars collected per biennium must be deposited in the indigent defense administration fund, which must be used for indigent defense services in this state, and the next four hundred sixty thousand dollars collected per biennium must be deposited in the court facilities improvement and maintenance fund.