Sec. 9. (a) This section applies to criminal actions.
(b) The court shall assess a drug abuse, prosecution, interdiction,
and correction fee of at least two hundred dollars ($200) and not more
than one thousand dollars ($1,000) against a person convicted of an
offense under IC 35-48-4.
(c) In determining the amount of the drug abuse, prosecution,
interdiction, and correction fee assessed against a person under
subsection (b), a court shall consider the person's ability to pay the fee.
(d) The clerk shall collect the drug abuse, prosecution, interdiction,
and correction fee set by the court when a person is convicted of an
offense under IC 35-48-4.
[Pre-2004 Recodification Citation: 33-19-6-9.]
As added by P.L.98-2004, SEC.16.
Notes of Decisions
Cited in
4
cases, 2006–2016 · leading case:
Creekmore v. State, 853 N.E.2d 523 (Ind. Ct. App. 2006).
Creekmore v. State, 853 N.E.2d 523 (Ind. Ct. App. 2006).
· cites it 4× “” I.C. § 33-37-5-9 (West, Premise through 2006 Public Laws approved and effective through March 15, 2006).”
Mason W. Meunier-Short v. State of Indiana, 52 N.E.3d 927 (Ind. Ct. App. 2016).
· cites it 4× “5 Indiana Code section 33-37-5-9(b) provides, “The court shall asséss a drug abuse, prosecution, interdiction, and correction fee of at least two hundred dollars ($200) and not more than one thousand dollars ($1,000) against a person convicted of an offense under IC ■ 35-48-4.”
Walter Rowley v. State of Indiana (Ind. Ct. App. 2013).
· cites it 12× “Ind. Code § 33-37-5-9 (c). Regarding the fee, the trial court judge stated that “I find him indigent but I have to impose a two hundred dollar fee but I’m imposing a civil judgment on that.”
Robin Wood v. State of Indiana (Ind. Ct. App. 2012).
· cites it 8× “; see also Ind. Code § 33-37-5-9 . Thus, we further conclude that the trial court acted within its discretion in ordering Wood to pay the $200 interdiction fee.”
Ind. Code § 33-37-5-9(b): 2 cases
Mason W. Meunier-Short v. State of Indiana, 52 N.E.3d 927 (Ind. Ct. App. 2016).
“5 Indiana Code section 33-37-5-9(b) provides, “The court shall asséss a drug abuse, prosecution, interdiction, and correction fee of at least two hundred dollars ($200) and not more than one thousand dollars ($1,000) against a person convicted of an offense under IC ■ 35-48-4.”
Walter Rowley v. State of Indiana (Ind. Ct. App. 2013).
“Ind. Code § 33-37-5-9 (c). Regarding the fee, the trial court judge stated that “I find him indigent but I have to impose a two hundred dollar fee but I’m imposing a civil judgment on that.”
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