12-116.02. Additional surcharges; fund deposits
A. In addition to any penalty provided by law, there shall be levied a surcharge in an amount of thirteen per cent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and civil penalties imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for a violation of any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.
B. If any deposit of bail or bond or deposit for an alleged civil traffic violation is to be made for a violation, the court shall require a sufficient amount to include the surcharge prescribed in this section for forfeited bail, bond or deposit. If bail, bond or deposit is forfeited, the amount of such surcharge shall be transmitted by the court pursuant to subsection F of this section. If bail, bond or deposit is returned, the surcharge made pursuant to this article shall also be returned.
C. After addition of the surcharge, the courts may round the total amount due to the nearest one-quarter dollar.
D. The judge may waive all or part of the civil penalty, fine, forfeiture and surcharge, except for civil penalties and fines that are mandatory, the payment of which would work a hardship on the persons convicted or adjudicated or on their immediate families. If a fine or civil penalty is mandatory, the judge may waive only all or part of the surcharge prescribed by subsection A of this section and section 12-116.01. If a fine or civil penalty is not mandatory and if a portion of the civil penalty, fine, forfeiture and surcharge is waived or suspended, the amount assessed must be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due.
E. The surcharge imposed by this section shall be applied to the base fine, civil penalty or forfeiture and not to any other surcharge imposed.
F. After a determination by the court of the amount due, the court shall transmit, on the last day of each month, the surcharges collected pursuant to subsections A and B of this section and a remittance report of the fines, civil penalties, assessments and surcharges collected pursuant to subsections A and B of this section to the county treasurer, except that municipal courts shall transmit the surcharges and the remittance report of the fines, civil penalties, assessments and surcharges to the city treasurer.
G. The thirteen per cent surcharge as required in subsection A of this section shall be transmitted by the appropriate authorities prescribed in subsection F of this section to the state treasurer on or before the fifteenth day of each month for deposit in the medical services enhancement fund established by section 36-2219.01.
H. Partial payments of the amount due shall be transmitted as required in subsections F and G of this section and shall be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due.
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