§ 7A-304. Costs in criminal actions. - North Carolina Statutes

Article 28.

Uniform Costs and Fees inthe Trial Divisions.

§ 7A‑304.  Costs incriminal actions.

(a)        In every criminalcase in the superior or district court, wherein the defendant is convicted, orenters a plea of guilty or nolo contendere, or when costs are assessed againstthe prosecuting witness, the following costs shall be assessed and collected,except that when the judgment imposes an active prison sentence, costs shall beassessed and collected only when the judgment specifically so provides, and thatno costs may be assessed when a case is dismissed.

(1)        For each arrest orpersonal service of criminal process, including citations and subpoenas, thesum of five dollars ($5.00), to be remitted to the county wherein the arrestwas made or process was served, except that in those cases in which the arrestwas made or process served by a law‑enforcement officer employed by amunicipality, the fee shall be paid to the municipality employing the officer.

(2)        For the use of thecourtroom and related judicial facilities, the sum of twelve dollars ($12.00)in the district court, including cases before a magistrate, and the sum ofthirty dollars ($30.00) in superior court, to be remitted to the county inwhich the judgment is rendered. In all cases where the judgment is rendered infacilities provided by a municipality, the facilities fee shall be paid to themunicipality. Funds derived from the facilities fees shall be used exclusivelyby the county or municipality for providing, maintaining, and constructing adequatecourtroom and related judicial facilities, including: adequate space andfurniture for judges, district attorneys, public defenders and other personnelof the Office of Indigent Defense Services, magistrates, juries, and othercourt related personnel; office space, furniture and vaults for the clerk; jailand juvenile detention facilities; free parking for jurors; and a law library(including books) if one has heretofore been established or if the governingbody hereafter decides to establish one. In the event the funds derived fromthe facilities fees exceed what is needed for these purposes, the county ormunicipality may use any or all of the excess to retire outstandingindebtedness incurred in the construction of the facilities, or to reimburse thecounty or municipality for funds expended in constructing or renovating thefacilities (without incurring any indebtedness) within a period of two yearsbefore or after the date a district court is established in such county, or tosupplement the operations of the General Court of Justice in the county.

(2a)      (Effective untilJuly 1, 2010) For the upgrade, maintenance, and operation of the judicialand county courthouse phone systems, the sum of three dollars ($3.00), to becredited to the Court Information Technology Fund.

(2a)      (Effective July 1,2010) For the upgrade, maintenance, and operation of the judicial andcounty courthouse phone systems, the sum of four dollars ($4.00), to becredited to the Court Information Technology Fund.

(3)        For the retirementand insurance benefits of both State and local government law‑enforcementofficers, the sum of six dollars and twenty‑five cents ($6.25), to beremitted to the State Treasurer. Fifty cents (50¢) of this sum shall beadministered as is provided in Article 12C of Chapter 143 of the GeneralStatutes. Five dollars and seventy‑five cents ($5.75) of this sum shallbe administered as is provided in Article 12E of Chapter 143 of the GeneralStatutes, with one dollar and twenty‑five cents ($1.25) being administeredin accordance with the provisions of G.S. 143‑166.50(e).

(3a)      For the supplementalpension benefits of sheriffs, the sum of one dollar twenty‑five cents($1.25) to be remitted to the Department of Justice and administered under theprovisions of Article 12G of Chapter 143 of the General Statutes.

(3b)      For the services,staffing, and operations of the Criminal Justice Education and StandardsCommission and the Sheriffs' Education and Training Standards Commission, thesum of two dollars ($2.00) to be remitted to the Department of Justice. Onedollar and thirty cents ($1.30) of this sum shall be used exclusively for theCriminal Justice Education and Standards Commission, and seventy cents (70¢)shall be used exclusively for the Sheriffs' Education and Training StandardsCommission.

(4)        For support of theGeneral Court of Justice, the sum of ninety‑five dollars and fifty cents($95.50) in the district court, including cases before a magistrate, and thesum of one hundred two dollars and fifty cents ($102.50) in the superior court,to be remitted to the State Treasurer. For a person convicted of a felony insuperior court who has made a first appearance in district court, both thedistrict court and superior court fees shall be assessed. The State Treasurer shallremit the sum of two dollars and five cents ($2.05) of each fee collected underthis subdivision to the North Carolina State Bar for the provision of servicesdescribed in G.S. 7A‑474.4, and ninety‑five cents ($.95) of eachfee collected under this subdivision to the North Carolina State Bar for theprovision of services described in G.S. 7A‑474.19.

(4a)      (Effective untilJuly 1, 2010) For support of the General Court of Justice, the sum of fivedollars ($5.00) for all offenses arising under Chapter 20 of the GeneralStatutes, to be remitted to the State Treasurer.

(4a)      (Effective July 1,2010) For support of the General Court of Justice, the sum of ten dollars($10.00) for all offenses arising under Chapter 20 of the General Statutes, tobe remitted to the State Treasurer.

(5)        For using pretrialrelease services, the district or superior court judge shall, upon conviction,impose a fee of fifteen dollars ($15.00) to be remitted to the county providingthe pretrial release services. This cost shall be assessed and collected onlyif the defendant had been accepted and released to the supervision of theagency providing the pretrial release services.

(6)        For support of theGeneral Court of Justice, the sum of two hundred dollars ($200.00) is payableby a defendant who fails to appear to answer the charge as scheduled, unlesswithin 20 days after the scheduled appearance, the person either appears incourt to answer the charge or disposes of the charge pursuant to G.S. 7A‑146,and the sum of twenty‑five dollars ($25.00) is payable by a defendant whofails to pay a fine, penalty, or costs within 20 days of the date specified inthe court's judgment. Upon a showing to the court that the defendant failed toappear because of an error or omission of a judicial official, a prosecutor, ora law‑enforcement officer, the court shall waive the fee for failure toappear. These fees shall be remitted to the State Treasurer.

(7)        For the services ofthe State Bureau of Investigation laboratory facilities, the district or superiorcourt judge shall, upon conviction, order payment of the sum of six hundreddollars ($600.00) to be remitted to the Department of Justice for support ofthe State Bureau of Investigation. This cost shall be assessed only in cases inwhich, as part of the investigation leading to the defendant's conviction, thelaboratories have performed DNA analysis of the crime, tests of bodily fluidsof the defendant for the presence of alcohol or controlled substances, oranalysis of any controlled substance possessed by the defendant or thedefendant's agent. The court may waive or reduce the amount of the paymentrequired by this subdivision upon a finding of just cause to grant such awaiver or reduction.

(8)        For the services ofany crime laboratory facility operated by a local government or group of localgovernments, the district or superior court judge shall, upon conviction, orderpayment of the sum of six hundred dollars ($600.00) to be remitted to thegeneral fund of the local governmental unit that operates the laboratory to beused for law enforcement purposes. The cost shall be assessed only in cases inwhich, as part of the investigation leading to the defendant's conviction, thelaboratory has performed DNA analysis of the crime, test of bodily fluids ofthe defendant for the presence of alcohol or controlled substances, or analysisof any controlled substance possessed by the defendant or the defendant'sagent. The costs shall be assessed only if the court finds that the workperformed at the local government's laboratory is the equivalent of the samekind of work performed by the State Bureau of Investigation under subdivision(7) of this subsection. The court may waive or reduce the amount of the paymentrequired by this subdivision upon a finding of just cause to grant such awaiver or reduction.

(a1)      Repealed by SessionLaws 1997‑475, s. 4.1.

(b)        On appeal, costsare cumulative, and costs assessed before a magistrate shall be added to costsassessed in the district court, and costs assessed in the district court shallbe added to costs assessed in the superior court, except that the fee for theLaw‑Enforcement Officers' Benefit and Retirement Fund and the Sheriffs'Supplemental Pension Fund and the fee for pretrial release services shall beassessed only once in each case. No superior court costs shall be assessedagainst a defendant who gives notice of appeal from the district court butwithdraws it prior to the expiration of the 10‑day period for enteringnotice of appeal. When a case is reversed on appeal, the defendant shall not beliable for costs, and the State shall be liable for the cost of printingrecords and briefs in the Appellate Division.

(c)        Witness fees,expenses for blood tests and comparisons incurred by G.S. 8‑50.1(a), jailfees and cost of necessary trial transcripts shall be assessed as provided bylaw in addition to other costs set out in this section. Nothing in this sectionshall limit the power or discretion of the judge in imposing fines orforfeitures or ordering restitution.

(d)       (1)        Inany criminal case in which the liability for costs, fines, restitution,attorneys' fees, or any other lawful charge has been finally determined, theclerk of superior court shall, unless otherwise ordered by the presiding judge,disburse such funds when paid in accordance with the following priorities:

a.         Sums in restitutionto the victim entitled thereto;

b.         Costs due thecounty;

c.         Costs due the city;

d.         Fines to the countyschool fund;

e.         Sums in restitutionprorated among the persons other than the victim entitled thereto;

f.          Costs due theState;

g.         Attorney's fees,including appointment fees assessed pursuant to G.S. 7A‑455.1.

(2)        Sums in restitutionreceived by the clerk of superior court shall be disbursed when:

a.         Complete restitutionhas been received; or

b.         When, in the opinionof the clerk, additional payments in restriction will not be collected; or

c.         Upon the request ofthe person or persons entitled thereto; and

d.         In any event, atleast once each calendar year.

(e)        Unless otherwise providedby law, the costs assessed pursuant to this section for criminal actionsdisposed of in the district court are also applicable to infractions disposedof in the district court. The costs assessed in superior court for criminalactions appealed from district court to superior court are also applicable toinfractions appealed to superior court. If an infraction is disposed of in thesuperior court pursuant to G.S. 7A‑271(d), costs applicable to theoriginal charge are applicable to the infraction.

(f)         The court mayallow a defendant owing monetary obligations under this section to either makepayment in full when costs are assessed or make payment on an installment planarranged with the court. Defendants making use of an installment plan shall paya onetime setup fee of twenty dollars ($20.00) to cover the additional costs tothe court of receiving and disbursing installment payments. Fees collectedunder this subsection shall be remitted to the State Treasurer for support ofthe General Court of Justice.  (1965, c. 310, s. 1; 1967, c. 601, s. 2; c. 691, ss.27‑29; c. 1049, s. 5; 1969, c. 1013, s. 3; c. 1190, ss. 28, 29; 1971, c.377, ss. 19‑21; c. 1129; 1973, c. 47, s. 2; 1975, c. 558, ss. 1, 2; 1975,2nd Sess., c. 980, s. 1; 1979, c. 576, s. 3; 1981, c. 369; c. 691, s. 1; c.896, s. 2; c. 959, s. 1; 1983, c. 713, ss. 2, 3; 1983 (Reg. Sess., 1984), c.1034, s. 249; 1985, c. 479, s. 196(a); c. 729, ss. 2‑4; c. 764, s. 17;1986, Ex. Sess., c. 5; 1985 (Reg. Sess., 1986), c. 852, s. 17; c. 1015, s. 1;1989, c. 664, ss. 1, 2; c. 786, s. 1; 1989 (Reg. Sess., 1990), c. 1044, s. 1;1991, c. 742, s. 15(a); 1991 (Reg. Sess., 1992), c. 811, s. 1; 1993, c. 313, s.2; 1996, 2nd Ex. Sess., c. 18, s. 22.13(a); 1997‑475, s. 4.1; 1998‑212,ss. 19.4(k), 29A.12(a); 2000‑109, s. 4(a); 2000‑144, s. 2; 2001‑424,s. 22.14(a); 2002‑126, ss. 29A.4(a), 29A.8(a), 29A.9(b); 2003‑284,s. 30.19B(a); 2004‑186, s. 4.4; 2005‑250, s. 1; 2005‑276, ss.43.1(a), 29.30(b); 2005‑363, s. 1; 2007‑323, s. 30.8(a); 2008‑107,s. 29.8(a); 2008‑118, s.2.9(a); 2009‑451, s. 15.20(a), (b), (c); 2009‑516, s. 1; 2009‑575,s. 13A.)