Sec. 6. (a) Subject to subsection (e), if at any stage of
a prosecution for a felony or a misdemeanor the court makes a finding
of ability to pay the costs of representation under section 7 of this
chapter, the court shall require payment by the person of the following
costs in addition to other costs assessed against the person:
(1) Reasonable attorney's fees if an attorney has been appointed
for the person by the court.
(2) Costs incurred by the county as a result of court appointed
legal services rendered to the person.
(b) The clerk of the court shall deposit costs collected under this
section into the supplemental public defender services fund established
under section 1 of this chapter.
(c) A person ordered to pay any part of the costs of representation
under subsection (a) has the same rights and protections as those of
other judgment debtors under the Constitution of the State of Indiana
and under Indiana law.
(d) The sum of:
(1) the fee collected under IC 35-33-7-6;
(2) any amount assessed by the court under this section; and
(3) any amount ordered to be paid under IC 33-37-2-3;
may not exceed the cost of defense services rendered to the person.
(e) A court may not require payment for costs or fees under this
section for a child alleged to be a delinquent child.
[Pre-2004 Recodification Citation: 33-9-11.5-6.]
As added by P.L.98-2004, SEC.19. Amended by P.L.151-2023,
SEC.5.
Notes of Decisions
Cited in
33
cases (
1 in the last 5 years), 2005–2024 · leading case:
Kimbrough v. State, 911 N.E.2d 621 (Ind. Ct. App. 2009).
Kimbrough v. State, 911 N.E.2d 621 (Ind. Ct. App. 2009).
· cites it 6× “This statute has been repealed and is now codified at Indiana Code section 33-40-3-6. 5 . This statute has been repealed and is now codified at Indiana Code section 33-37-2-3.”
Lamonte v. State, 839 N.E.2d 172 (Ind. Ct. App. 2005).
· cites it 14× “Ind.Code § 33-40-3-6 (2004). [1] Indiana Code section 33-40-3-7 provides that if a defendant is receiving publicly paid representation, the court shall consider the following factors to determine whether the defendant is able to pay the costs of representation: (1) the person's…”
Hall v. State, 826 N.E.2d 99 (Ind. Ct. App. 2005).
· cites it 14× “Ind.Code § 33-40-3-6 (2004). 4 Indiana Code section 33-40-3-7 provides that if a defendant is receiving pub *104 licly paid representation, the court shall consider the following factors to determine whether the defendant is able to pay the costs of representation: (1) the…”
Berry v. State, 950 N.E.2d 798 (Ind. Ct. App. 2011).
· cites it 4× “The second statute, Indiana Code Section 33-40-3-6, provides that if "at any stage of a prosecution for a felony or a misdemeanor the court makes a finding of ability to pay the costs of representation,” the trial court shall assess against the person reasonable attorney’s fees…”
Wright v. State, 949 N.E.2d 411 (Ind. Ct. App. 2011).
· cites it 4× “of the following costs ...: [rjeasonable attorney's fees if an attorney has been appointed for the person by the court[; and] [c]osts incurred by the county as a result of court appointed legal services rendered to the person.”
Banks v. State, 847 N.E.2d 1050 (Ind. Ct. App. 2006).
· cites it 2× “Indiana Code section 33-40-3-6 and Indiana Code section 33-37-2-3 grant trial courts the discretion to impose representation costs against a defendant in excess of that amount in other instances.”
Keith D. Jackson v. State of Indiana, 968 N.E.2d 328 (Ind. Ct. App. 2012).
· cites it 2× “I.C. § 33-40-3-6. In such case, the trial court must consider certain enumerated factors to determine the defendant’s ability to pay.”
Darren Dwayne Langdon v. State of Indiana, 71 N.E.3d 1162 (Ind. Ct. App. 2017).
· cites it 2× “The second statute, Indiana Code § 33-40-3-6, provides that if the trial court finds that the defendant has the ability to pay the costs of representation, the trial court shall impose reasonable attorney fees at any stage of a misdemeanor or felony prosecution.”
Darnell Cleveland v. State of Indiana, 129 N.E.3d 227 (Ind. Ct. App. 2019).
· cites it 2× “[31] The second is found in Indiana Code section 33-40-3-6(a)(1), and it reads as follows: (a) If at any stage of a prosecution for a felony or a misdemeanor the court makes a finding of ability to pay the costs of representation under section 7 of this chapter, the court shall…”
Davis v. State, 843 N.E.2d 65 (Ind. Ct. App. 2006).
· cites it 2× “5-6(a) (now Ind.Code § 33-40-3-6) provided that if "the court makes a finding of ability to pay the costs of representation," the defendant shall pay "[rleasonable attorney's fees if an attorney has been appointed for the person by the court.”
Bex v. State, 952 N.E.2d 347 (Ind. Ct. App. 2011).
· cites it 2× “The imposition of the fee is also improper under Indiana Code section 33-40-3-6. That section allows the imposition of fees at any stage of a prosecution for a felony or a misdemeanor if the trial court makes a finding of the defendant’s ability to pay.”
Brionna McCloud v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).
· cites it 4× “The next statute, Indiana Code section 33-40-3-6, provides, again in relevant part, as follows: (a) If at any stage of a prosecution for a felony or a misdemeanor the court makes a finding of ability to pay the costs of representation under section 7 of this chapter,[8] the…”
Ind. Code § 33-40-3-6(a): 4 cases
Ind. Code § 33-40-3-6(a)(1): 1 case
Darnell Cleveland v. State of Indiana, 129 N.E.3d 227 (Ind. Ct. App. 2019).
“[31] The second is found in Indiana Code section 33-40-3-6(a)(1), and it reads as follows: (a) If at any stage of a prosecution for a felony or a misdemeanor the court makes a finding of ability to pay the costs of representation under section 7 of this chapter, the court shall…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.