40-14-210 - Charges for defraying costs of representing indigent defendants. - Tennessee Statutes

40-14-210. Charges for defraying costs of representing indigent defendants.

(a)  (1)  In every misdemeanor and felony prosecution instituted in counties having a population in excess of four hundred fifty thousand (450,000), according to the 1980 federal census or any subsequent federal census, there shall be collected a twelve dollar and fifty cent ($12.50) cost for the purpose of defraying the costs of legal representation and support services provided indigent defendants in criminal proceedings.

     (2)  This section shall take effect in counties with a population of not more than seven hundred fifty thousand (750,000) and not less than four hundred fifty thousand (450,000), according to the 1980 federal census, or any subsequent federal census upon approval by two-thirds (2/3) vote of the metropolitan council of Nashville-Davidson County.

     (3)  This section shall take effect in any county with approval by two-thirds (2/3) vote of the county legislative body.

(b)  It is the duty of the clerk of every court having jurisdiction of state misdemeanors and felonies to include in every misdemeanor and felony cost bill the twelve dollar and fifty cent ($12.50) charge which shall be remitted to the county government, except in counties that are part of a multiple county judicial district as defined in § 16-2-506, in which case this charge shall be remitted to the office of the executive director of the district public defenders conference for the purpose of providing supplemental funding for the office of the district public defender within that judicial district. It is the legislative intent of this subsection (b) that these funds shall not revert to the state general fund but shall instead be carried forward for the purpose for which they were originally intended.

(c)  All costs collected by county government pursuant to this section shall be used for providing representation and support services to indigent defendants in criminal proceedings.

(d)  Any county may supplement the funds of the district public defender system to represent indigent defendants in criminal prosecution. The costs collected by the county under the provisions of this section shall be supplemental and in addition to any funds received under this chapter or under title 8, chapter 14, relative to public defenders, for services rendered by the public defender and assistants to the indigent.

(e)  The provisions of this section do not apply to nonmoving traffic violations.

(f)  In every misdemeanor and felony prosecution in which the privilege tax for the criminal injuries compensation fund established by § 40-24-107 is also levied, the cost imposed by this section shall not be construed as having priority over collection of that privilege tax.

[Acts 1982, ch. 726, § 1; T.C.A., § 40-2045; Acts 1983, ch. 343, §§ 1-3; 1988, ch. 957, §§ 1, 2; 1992, ch. 965, §§ 5, 6; 2002, ch. 691, § 1.]