Indiana Code
Ind. Code § 33-37-2-5 (2026)
Fees prescribed by IC 33-37-4-1; fine or penalty in addition to costs
✓ current as of May 2026
Sec. 5. The fees prescribed by IC 33-37-4-1 are costs and may be collected from a defendant against whom a conviction is entered. A fine or penalty imposed is in addition to costs.
[Pre-2004 Recodification Citation: 33-19-2-5.]
As added by P.L.98-2004, SEC.16.
IC 33-37-3Chapter 3. General Court Costs Provisions for Civil Actions
33-37-3-1Collection of fees in civil or paternity actions
brought by or on behalf of state or political
subdivisions
33-37-3-2Indigent persons; relief from or waiver of fees
and court costs in civil actions or appointment of
guardian
33-37-3-3Actions commenced by person confined by
department of correction
33-37-3-4Recovery of costs
33-37-3-5Prepayment of fees; appeals
33-37-3-6Inclusion of service of process by mail in court
costs fee
33-37-3-7Private service of process; reimbursement of cost
33-37-3-8Name change actions; separate fee
33-37-3-9Prepayment of fees; exceptions
Notes of Decisions
Cited in 4
cases (3 in the last 5 years), 2014–2025 · leading case: Thomas D. Dillman v. State of Indiana, 16 N.E.3d 445 (Ind. Ct. App. 2014).
Thomas D. Dillman v. State of Indiana, 16 N.E.3d 445 (Ind. Ct. App. 2014). “” I.C. § 33-37-2-5 (2005). Therefore, the trial court’s order regarding Dillman’s costs and fees was not a part of his sentence, and his sentence was not illegal.”
Tailar Spells v. State of Indiana, 225 N.E.3d 767 (Ind. 2024). “Under code section 33-37-2-5, “costs” include the “fees prescribed by IC 33-37-4- 1,” which “may be collected from a defendant against whom a conviction is entered.”
Latasha Howard v. State of Indiana, 236 N.E.3d 735 (Ind. Ct. App. 2024). “” Lastly, a trial court must hold a hearing and determine that the defendant is not indigent before imposing certain types of fees because, pursuant to Indiana Code Section 33-37-2-5, 3 among the types of fees a trial court may assess, the fees listed under Indiana Code Section…”
Matthew Eversole v. State of Indiana (Ind. Ct. App. 2025). “Code § 33-37-2-3 (costs); Ind. Code § 33-37-2-5 (fees). [10] In this respect, the fine, costs, and fees imposed on Eversole are akin to an order of restitution made as a condition of probation.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.