Idaho State Statutes - Idaho Attorney Directory

PAYMENT OF FINES AND FORFEITURES -- SATISFACTION OF JUDGMENT --
DISPOSITION -- APPORTIONMENT. (1) Except as otherwise provided in subsection
(2) of this section:
(a) All fines and forfeitures collected pursuant to the judgment of any
court of the state shall be remitted to the court in which the judgment
was rendered. The judgment shall then be satisfied by entry in the docket
of the court. The clerk of the court shall daily remit all fines and
forfeitures to the county auditor who shall at the end of each month
apportion the proceeds according to the provisions of this act. Other
existing laws regarding the disposition of fines and forfeitures are
hereby repealed to the extent such laws are inconsistent with the
provisions of this act except as provided in section 49-1013(3), Idaho
Code.
(b) Fines and forfeitures remitted for violations of fish and game laws
shall be apportioned two and one-half percent (2 1/2%) to the state
treasurer for deposit in the state general account, ten percent (10%) to
the search and rescue account, twenty-two and one-half percent (22 1/2%)
to the district court fund and sixty-five percent (65%) to the fish and
game fund.
(c) Fines and forfeitures remitted for violations of state motor vehicle
laws, for violation of state driving privilege laws, and for violation of
state laws prohibiting driving while under the influence of alcohol,
drugs or any other intoxicating substances, shall be apportioned ten
percent (10%) to the state treasurer of which eighty-six percent (86%)
shall be deposited to the state general fund and fourteen percent (14%)
shall be deposited to the peace officers standards and training fund
authorized in section 19-5116, Idaho Code, forty-five percent (45%) to the
state treasurer for deposit in the highway distribution account,
twenty-two and one-half percent (22 1/2%) to the district court fund and
twenty-two and one-half percent (22 1/2%) to the state treasurer for
deposit in the public school income fund; provided, however, that fines
and forfeitures remitted for violation of state motor vehicle laws, for
violation of state driving privilege laws, and for violation of state laws
prohibiting driving while under the influence of alcohol, drugs or any
other intoxicating substances, where an arrest is made or a citation is
issued by a city law enforcement official, or by a law enforcement
official of a governmental agency under contract to provide law
enforcement services for a city, shall be apportioned ten percent (10%) to
the state treasurer of which eighty-six percent (86%) shall be deposited
to the state general fund and fourteen percent (14%) shall be deposited to
the peace officers standards and training fund authorized in section
19-5116, Idaho Code, and ninety percent (90%) to the city whose officer
made the arrest or issued the citation.
(d) Fines and forfeitures remitted for violation of any state law not
involving fish and game laws, or motor vehicle laws, or state driving
privilege laws, or state laws prohibiting driving while under the
influence of alcohol, drugs or any other intoxicating substances, shall be
apportioned ten percent (10%) to the state treasurer of which eighty-six
percent (86%) shall be deposited to the state general fund and fourteen
percent (14%) shall be deposited to the peace officers standards and
training fund authorized in section 19-5116, Idaho Code, and ninety
percent (90%) to the district court fund of the county in which the
violation occurred.
(e) Fines and forfeitures remitted for violation of county ordinances
shall be apportioned ten percent (10%) to the state treasurer of which
eighty-six percent (86%) shall be deposited to the state general fund and
fourteen percent (14%) shall be deposited to the peace officers standards
and training fund authorized in section 19-5116, Idaho Code, and ninety
percent (90%) to the district court fund of the county whose ordinance was
violated.
(f) Fines and forfeitures remitted for violation of city ordinances shall
be apportioned ten percent (10%) to the state treasurer of which
eighty-six percent (86%) shall be deposited to the state general fund and
fourteen percent (14%) shall be deposited to the peace officers standards
and training fund authorized in section 19-5116, Idaho Code, and ninety
percent (90%) to the city whose ordinance was violated.
(g) Fines and forfeitures remitted for violations not specified in this
act shall be apportioned ten percent (10%) to the state treasurer of which
eighty-six percent (86%) shall be deposited to the state general fund and
fourteen percent (14%) shall be deposited to the peace officers standards
and training fund authorized in section 19-5116, Idaho Code, and ninety
percent (90%) to the district court fund of the county in which the
violation occurred except in cases where a duly designated officer of any
city police department or city law enforcement official shall have made
the arrest for any such violation, in which case ninety percent (90%)
shall be apportioned to the city whose officer made the arrest.
(h) Fines and forfeitures remitted for violations involving registrations
of motorcycles or motor-driven cycles used off highways, snowmobiles, or
use of winter recreation parking areas shall be apportioned ten percent
(10%) to the state treasurer of which eighty-six percent (86%) shall be
deposited to the state general fund and fourteen percent (14%) shall be
deposited to the peace officers standards and training fund authorized in
section 19-5116, Idaho Code, and ninety percent (90%) to the general fund
of the county or city whose law enforcement official issued the citation.
(i) Fines and forfeitures remitted for violations of overweight laws as
provided in section 49-1013(3), Idaho Code, shall be deposited one hundred
percent (100%) into the highway distribution account.
(2) Any fine or forfeiture remitted for any misdemeanor violation for
which an increase in the maximum fine became effective July 1, 2005, shall be
apportioned as follows:
(a) Any funds remitted, up to the maximum amount that could have been
imposed before July 1, 2005, as a fine for the misdemeanor violation,
shall be apportioned according to the applicable provisions of subsection
(1) of this section; and
(b) Any other funds remitted, in excess of the maximum amount that could
have been imposed before July 1, 2005, as a fine for the misdemeanor
violation, shall be remitted to the state treasurer and shall be deposited
in the drug court, mental health court and family court services fund as
set forth in section 1-1625, Idaho Code.
(3) As used in this section, the term "city law enforcement official"
shall include an official of any governmental agency which is providing law
enforcement services to a city in accordance with the terms of a contract or
agreement, when such official makes the arrest or issues a citation within the
geographical limits of the city and when the contract or agreement provides
for payment to the city of fines and forfeitures resulting from such service.

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