<section article="gcj" article_name="Courts and Judicial Proceedings" number="7-101" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="1" subtitle_name="Supreme Court of Maryland and Appellate Court of Maryland"> <text>In this subtitle, “costs” means any cost other than counsel fees necessary for prosecution of an appeal, application for leave to appeal, or filing a petition for writ of certiorari including but not limited to clerk’s fees, the cost of preparing a transcript of the testimony, the cost of preparing and transmitting the record, and the cost of the briefs, appendices, and printed record extract.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-102" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="1" subtitle_name="Supreme Court of Maryland and Appellate Court of Maryland"> <level label="a"> <text>The State Court Administrator shall determine the amount of fees to be charged by the Clerk of the Supreme Court of Maryland and the Clerk of the Appellate Court of Maryland, with the approval of the Board of Public Works.</text> </level> <level label="b"> <text>The State Court Administrator, as part of the Administrator’s determination of the amount of fees to be charged by the Clerk of the Supreme Court of Maryland and the Clerk of the Appellate Court of Maryland, shall assess a surcharge that shall be:</text> <level label="1"> <text>$11 per case; and</text> </level> <level label="2"> <text>Deposited into the Circuit Court Real Property Records Improvement Fund established under § 13–602 of this article.</text> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-104" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="1" subtitle_name="Supreme Court of Maryland and Appellate Court of Maryland"> <level label="a"> <level label="1"> <text>Costs shall be allowed to or awarded against the State or one of its agencies or political subdivisions which is a party to an appeal from an executive, administrative, or judicial decision, in the same manner as costs are allowed to or awarded against a private litigant.</text> </level> <level label="2"> <text>The State, its agency, or the political subdivision shall pay the costs awarded against it.</text> </level> </level> <level label="b"> <text>When notified by the Attorney General, the political subdivision in which a criminal case originated shall pay immediately the costs incurred by the State.</text> </level> <level label="c"> <text>If a defendant against whom costs are assessed in a criminal appeal fails to pay the costs to the political subdivision in which the case originated, the State’s Attorney for that political subdivision shall take the necessary steps to recover them.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-201" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="2" subtitle_name="Circuit Court"> <level label="a"> <text>Except for an appeal from the State Workers’ Compensation Commission or an appeal, by an individual claiming benefits, from a decision of the Board of Appeals of the Maryland Department of Labor, no case may be docketed and no writ of attachment, fieri facias, or execution on judgment may be issued unless the plaintiff or appellant pays the required fee.</text> </level> <level label="b"> <text>The circuit court shall pass an order waiving the payment in advance if:</text> <level label="1"> <text>Upon petition for waiver, it is satisfied that the petitioner is unable by reason of his poverty to make the payment; and</text> </level> <level label="2"> <text>The petitioner’s attorney, if any, certifies that the suit, appeal, or writ is meritorious.</text> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-202" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="2" subtitle_name="Circuit Court"> <level label="a"> <level label="1"> <level label="i"> <text>The State Court Administrator shall determine the amount of all court costs and charges for the circuit courts of the counties with the approval of the Board of Public Works.</text> </level> <level label="ii"> <text>The fees and charges shall be uniform throughout the State.</text> </level> </level> <level label="2"> <text>The Comptroller of the State shall require clerks of court to collect all fees required to be collected by law.</text> </level> </level> <level label="b"> <text>The clerk may not charge the State, any county, municipality, or Baltimore City any fee provided by this subtitle, unless the State, county, municipality, or Baltimore City first gives its consent.</text> </level> <level label="c"> <text>The clerk is entitled to a reasonable fee for performing any other service that is not enumerated in this subtitle or in §§ 3–601 through 3–603 of the Real Property Article.</text> </level> <level label="d"> <text>The State Court Administrator, as part of the Administrator’s determination of the amount of court costs and charges in civil cases, shall assess a surcharge that:</text> <level label="1"> <text>May not be more than $85 per case; and</text> </level> <level label="2"> <text>Shall be deposited into the Maryland Legal Services Corporation Fund established under § 11–402 of the Human Services Article.</text> </level> </level> <level label="e"> <level label="1"> <text>In addition to the surcharge assessed under subsection (d) of this section, the State Court Administrator, as part of the Administrator’s determination of the amount of court costs and charges in civil cases, shall assess a surcharge that:</text> <level label="i"> <level label="1"> <text>Except as provided in item 2 of this item, shall be $30 per case; and</text> </level> <level label="2"> <text>Except as provided in paragraph (2) of this subsection, shall be $6 to reopen any civil case; and</text> </level> </level> <level label="ii"> <text>Shall be deposited into the Circuit Court Real Property Records Improvement Fund established under § 13–602 of this article.</text> </level> </level> <level label="2"> <text>A surcharge may not be assessed under this subsection to reopen a case brought by a petitioner under Title 4, Subtitle 5 of the Family Law Article.</text> </level> </level> <level label="f"> <text>The State Court Administrator shall:</text> <level label="1"> <text>Assess a $100 fee for the special admission of an out–of–state attorney under § 10–215 of the Business Occupations and Professions Article; and</text> </level> <level label="2"> <text>Pay $75 of the fee to the Janet L. Hoffman Loan Assistance Repayment Program established under § 18–1502 of the Education Article.</text> </level> </level> <level label="g"> <text>If a party in a proceeding feels aggrieved by any fee permitted under this subtitle or by §§ 3–601 through 3–603 of the Real Property Article, the party may request a judge of that circuit court to determine the reasonableness of the fee.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-203" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="2" subtitle_name="Circuit Court"> <level label="a"> <text>In this section, the term “not guilty” does not include a finding of probation before judgment under § 6-220 of the Criminal Procedure Article.</text> </level> <level label="b"> <level label="1"> <text>The clerk of the circuit court may not charge a county or Baltimore City with fees or costs of a criminal proceeding, regardless of whether the fee or cost was imposed or allowed by statute or common law.</text> </level> <level label="2"> <text>The clerk of a circuit court may not charge a defendant with the costs of a criminal proceeding in which the defendant is found not guilty.</text> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-204" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="2" subtitle_name="Circuit Court"> <level label="a"> <level label="1"> <text>Except in Montgomery County and except as provided in subsection (c) of this section, in paragraph (2) of this subsection for Baltimore County, in paragraph (3) of this subsection for St. Mary’s County, in paragraph (4) of this subsection for Baltimore City, in paragraph (5) of this subsection for Harford County, in paragraph (6) of this subsection for Carroll County, and in paragraph (7) of this subsection for Calvert County, the clerk of each circuit court shall:</text> <level label="i"> <text>Collect, in advance, a $10 fee for docketing the appearance of counsel when bringing or defending a civil action in the court;</text> </level> <level label="ii"> <text>Charge as costs a $10 fee for docketing the appearance of counsel when prosecuting or defending a criminal action in the court; and</text> </level> <level label="iii"> <text>Collect, in advance, a $10 fee for docketing the appearance of counsel when bringing or defending a case in the Supreme Court of Maryland.</text> </level> </level> <level label="2"> <text>The Clerk of the Circuit Court for Baltimore County shall:</text> <level label="i"> <text>Collect, in advance, the following fee for docketing the appearance of counsel when bringing or defending a civil action:</text> <level label="1"> <text>A $20 fee for an action, including the collection of money due on mortgage, in a court of equity; and</text> </level> <level label="2"> <text>A $10 fee for an action at law in a court of original jurisdiction;</text> </level> </level> <level label="ii"> <text>Charge as costs the following fee for docketing the appearance of counsel when bringing or defending a criminal action:</text> <level label="1"> <text>If the punishment for the offense charged is confinement in the State penitentiary, a $20 fee; and</text> </level> <level label="2"> <text>For any other criminal action, a $10 fee; and</text> </level> </level> <level label="iii"> <text>Collect, in advance, a $20 fee for docketing the appearance of counsel when bringing or defending a case in the Supreme Court of Maryland.</text> </level> </level> <level label="3"> <text>The Clerk of the Circuit Court for St. Mary’s County shall collect, in advance, a $10 fee for docketing the appearance of counsel when bringing or defending a civil action in the court.</text> </level> <level label="4"> <text>The Clerk of the Circuit Court for Baltimore City shall:</text> <level label="i"> <text>Collect, in advance, a $20 fee for docketing the appearance of counsel when bringing or defending a civil action in the court;</text> </level> <level label="ii"> <text>Charge as costs the following fee for docketing the appearance of counsel when bringing or defending a criminal action:</text> <level label="1"> <text>If the punishment for the offense charged is confinement in the State penitentiary, a $20 fee; and</text> </level> <level label="2"> <text>For any other criminal action, a $10 fee; and</text> </level> </level> <level label="iii"> <text>Collect, in advance, a $20 fee for docketing the appearance of counsel when bringing or defending a case in the Supreme Court of Maryland.</text> </level> </level> <level label="5"> <text>The Clerk of the Circuit Court for Harford County shall:</text> <level label="i"> <text>Collect, in advance, a $20 fee for docketing the appearance of counsel when bringing or defending a civil action in the court;</text> </level> <level label="ii"> <text>Charge as costs a $20 fee for docketing the appearance of counsel when prosecuting or defending a criminal action in the court; and</text> </level> <level label="iii"> <text>Collect, in advance, a $20 fee for docketing the appearance of counsel when bringing or defending a case in the Supreme Court of Maryland.</text> </level> </level> <level label="6"> <text>The Clerk of the Circuit Court for Carroll County shall:</text> <level label="i"> <text>Collect, in advance, a $20 fee for docketing the appearance of counsel when bringing or defending a civil action in the court;</text> </level> <level label="ii"> <text>Charge as costs a $20 fee for docketing the appearance of counsel when prosecuting or defending a criminal action in the court; and</text> </level> <level label="iii"> <text>Collect, in advance, a $20 fee for docketing the appearance of counsel when bringing or defending a case in the Supreme Court of Maryland.</text> </level> </level> <level label="7"> <text>The Clerk of the Circuit Court for Calvert County shall:</text> <level label="i"> <text>Collect, in advance, a $20 fee for docketing the appearance of counsel when bringing or defending a civil action in the court;</text> </level> <level label="ii"> <text>Charge as costs a $20 fee for docketing the appearance of counsel when prosecuting or defending a criminal action in the court; and</text> </level> <level label="iii"> <text>Collect, in advance, a $20 fee for docketing the appearance of counsel when bringing or defending a case in the Supreme Court of Maryland.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>If more than one stockholder, partner, member, or employee of a corporation, partnership, limited liability company, or other entity engaged in practicing law enters an appearance in an action or a case, the clerk of the circuit court may collect only one appearance fee per entity.</text> </level> <level label="2"> <text>If more than one employee of a governmental entity that has consented to the assessment of fees under § 7–202(b) of this subtitle enters an appearance in an action or a case, the clerk of the circuit court may assess only one appearance fee per governmental entity.</text> </level> </level> <level label="c"> <text>A fee may not be collected under this section for docketing the appearance of a petitioner’s or a respondent’s counsel in a case filed under Title 4, Subtitle 5 of the Family Law Article.</text> </level> <level label="d"> <level label="1"> <text>The Clerk of the Circuit Court for Allegany County shall deposit monthly all appearance fees collected by the Clerk under this section into a special account to be known as the Allegany County Law Library Fund.</text> </level> <level label="2"> <text>The Fund shall be used only for the general use of the Circuit Court Law Library for the acquisition of books and other publications, library equipment, and for other necessary expenses, as determined by the County Administrative Judge.</text> </level> </level> <level label="e"> <level label="1"> <text>The Clerk of the Circuit Court for Anne Arundel County shall transmit to the county all appearance fees collected by the Clerk under this section to be used for the general purposes of the court library and assignment office and for the maintenance and improvement of the court’s facilities, equipment, and programs. These purposes include, but are not limited to, the necessary expenses for books, legal publications, library equipment, and the services of the library and other personnel.</text> </level> <level label="2"> <text>Expenditures for the library are not to be limited to this fund if the same should be deemed insufficient by the County Administrative Judge.</text> </level> </level> <level label="f"> <level label="1"> <text>The Clerk of the Circuit Court for Baltimore City shall transmit on a monthly basis all appearance fees collected by the Clerk under this section to the Library Company of the Baltimore Bar to be used for the general purposes of the bar library.</text> </level> <level label="2"> <text>The Library Company shall file an annual financial report with the Director of the Administrative Office of the Circuit Court for Baltimore City and with the Director of Finance of Baltimore City.</text> </level> <level label="3"> <text>Baltimore City and court employees may use the library in connection with official duties without charge.</text> </level> </level> <level label="g"> <text>The Clerk of the Circuit Court for Baltimore County shall transmit to the county all appearance fees collected by the Clerk under this section to be used for the general purposes of the court library of the county. These purposes include the necessary expenses for books and library equipment and the services of the librarian.</text> </level> <level label="h"> <level label="1"> <text>The Clerk of the Circuit Court for Calvert County shall deposit monthly all appearance fees collected by the Clerk under this section into a special account to be known as the Calvert County Law Library Fund.</text> </level> <level label="2"> <text>The Fund shall be used for the general purposes of the court library and assignment office and for the maintenance and improvement of the court’s facilities, equipment, and programs.</text> </level> <level label="3"> <text>The purposes specified under paragraph (2) of this subsection include the acquisition of books, other publications, and library equipment, payment for services of library and other personnel, and other necessary expenses, as determined by the County Administrative Judge.</text> </level> </level> <level label="i"> <level label="1"> <text>The Clerk of the Circuit Court for Caroline County shall deposit monthly all appearance fees collected by the Clerk under this section into a special account to be known as the Law Library Fund.</text> </level> <level label="2"> <text>The Fund shall be used only for the law library of Caroline County upon recommendation of the Caroline County Bar Association.</text> </level> </level> <level label="j"> <text>The Clerk of the Circuit Court for Carroll County shall retain all appearance fees collected by the Clerk under this section for the general use of the court library of the county, including expenses for books and library equipment.</text> </level> <level label="k"> <text>The Clerk of the Circuit Court for Cecil County shall retain all appearance fees collected by the Clerk under this section for the general use of the court library of the county, including expenses for books and library equipment, and for other charitable and educational purposes authorized under § 7–507 of this title or other applicable law.</text> </level> <level label="l"> <level label="1"> <text>The Clerk of the Circuit Court for Charles County shall deposit monthly all appearance fees collected by the Clerk under this section into a special account to be known as the Charles County Law Library Fund.</text> </level> <level label="2"> <text>The Fund shall be used only for the general use of the Circuit Court Law Library for the acquisition of books and other publications, library equipment, and for other necessary expenses, as determined by the County Administrative Judge.</text> </level> </level> <level label="m"> <text>The Clerk of the Circuit Court for Dorchester County shall deposit monthly all appearance fees collected by the Clerk under this section into a special account to be known as “the Court and Bar Library Account”. The Account shall be for the general use of the Court Library and for the maintenance and improvement of the court’s facilities and equipment, subject to the approval of the resident circuit court judge.</text> </level> <level label="n"> <level label="1"> <text>The Clerk of the Circuit Court for Frederick County shall deposit monthly all appearance fees collected by the Clerk under this section into a special account to be known as the Frederick County Law Library Fund.</text> </level> <level label="2"> <text>The Fund shall be used only for the general use of the Circuit Court Law Library for the acquisition of books and other publications, library equipment, and for other necessary expenses, as determined by the County Administrative Judge.</text> </level> </level> <level label="o"> <level label="1"> <text>The Clerk of the Circuit Court for Garrett County shall deposit monthly all appearance fees collected by the Clerk under this section into a special account to be known as the Garrett County Law Library Fund.</text> </level> <level label="2"> <text>The Fund shall be used only for the acquisition of books and other publications, library equipment, and for other necessary expenses, as determined by the County Administrative Judge.</text> </level> </level> <level label="p"> <text>The Clerk of the Circuit Court for Harford County shall retain all appearance fees collected by the Clerk under this section for the general use of the court library of the county, including the necessary expenses for books and library equipment and the cost for the services of a librarian.</text> </level> <level label="q"> <text>The Clerk of the Circuit Court for Howard County shall deposit all appearance fees collected by the Clerk pursuant to this section into a special account to be known and designated as “the Law Library Fund”. The Fund shall be used for the general purposes of the court library of the county, including the necessary expenses for books and library equipment.</text> </level> <level label="r"> <level label="1"> <text>The Clerk of the Circuit Court for Kent County shall deposit all appearance fees collected by the Clerk under this section into a special account known as the “Kent County Bar Library” Account.</text> </level> <level label="2"> <text>These fees, together with other funds, shall be disbursed:</text> <level label="i"> <text>If approved or considered necessary by the Administrative Judge of the Circuit Court for Kent County;</text> </level> <level label="ii"> <text>For the acquisition and maintenance of legal publications; or</text> </level> <level label="iii"> <text>For the compensation of the librarian of the Kent County Bar Library in the amount established in the Second Judicial Circuit Order, relating to the appointment and compensation of the law librarian of the Second Judicial Circuit Courts.</text> </level> </level> </level> <level label="s"> <level label="1"> <text>The Clerk of the Circuit Court for Prince George’s County shall transmit to the county all appearance fees collected by the Clerk under this section to be used for the general purposes of the court library and assignment office and for the maintenance and improvement of the court’s facilities, equipment, and programs. These purposes include, but are not limited to, the necessary expenses for books, legal publications, library equipment, and the services of the library and other personnel.</text> </level> <level label="2"> <text>Expenditures for the library are not limited to this fund if the same should be deemed insufficient by the County Administrative Judge.</text> </level> </level> <level label="t"> <level label="1"> <text>The Clerk of the Circuit Court for Queen Anne’s County shall distribute all appearance fees collected by the Clerk under this section to the Queen Anne’s County Bar Association.</text> </level> <level label="2"> <text>The Queen Anne’s County Bar Association shall retain the fees in a separate Law Library Fund.</text> </level> <level label="3"> <text>The Queen Anne’s County Bar Association, with the approval of the County Administrative Judge, may make distributions from the Law Library Fund for the purchase and maintenance of legal publications and equipment for the county law library.</text> </level> <level label="4"> <text>All property acquired under this section shall be used and maintained as part of the county law library.</text> </level> </level> <level label="u"> <level label="1"> <text>The Clerk of the Circuit Court for St. Mary’s County shall transmit to the county each month all appearance fees collected by the Clerk under this section.</text> </level> <level label="2"> <text>The county shall maintain the appearance fees in a special account to be known as the St. Mary’s County Law Library Fund.</text> </level> <level label="3"> <text>The Fund shall be used only for the general use of the Circuit Court Law Library for the acquisition of books and other publications, library equipment, and for other necessary expenses, as determined by the County Administrative Judge.</text> </level> </level> <level label="v"> <text>The Clerk of the Circuit Court for Somerset County shall deposit monthly all appearance fees collected by the Clerk under this section into a special account to be known as “the Court and Bar Library Account”. The Account shall be for the general use of the court library and for the maintenance and improvement of the court’s facilities and equipment, subject to the approval of the resident circuit court judge.</text> </level> <level label="w"> <text>The Clerk of the Circuit Court for Talbot County shall transmit on a monthly basis all appearance fees collected by the Clerk under this section to the County Bar Library Fund to be used for the general purposes of the bar library.</text> </level> <level label="x"> <level label="1"> <text>The Clerk of the Circuit Court for Washington County shall deposit monthly all appearance fees collected under this section into a special account to be known as the Washington County Court Library Fund.</text> </level> <level label="2"> <text>The Fund shall be used only for the general use of the county court library including books, library equipment, librarian services, and other necessary expenses as determined by the County Administrative Judge.</text> </level> </level> <level label="y"> <level label="1"> <text>The Clerk of the Circuit Court for Wicomico County shall deposit not less than monthly all appearance fees collected by the Clerk under this section into a special account to be known as the “Court and Bar Library Account”.</text> </level> <level label="2"> <text>The Account shall be for the general use of the court library and for the maintenance and improvement of the court’s facilities and equipment.</text> </level> <level label="3"> <text>Funds in the Account shall be disbursed on the approval of the County Administrative Judge.</text> </level> </level> <level label="z"> <text>The Clerk of the Circuit Court for Worcester County shall deposit monthly all appearance fees collected by the Clerk under this section into a special account to be known as the “Court and Bar Library Account”. The Account shall be for the general use of the court library and for the maintenance and improvement of the court’s facilities and equipment, and together with other funds in the Account, shall be disbursed upon the approval of the County Administrative Judge.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-205" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="2" subtitle_name="Circuit Court"> <level label="a"> <text>The county from which a case is removed shall pay the costs and expenses in the county to which the case is removed.</text> </level> <level label="b"> <level label="1"> <text>The clerk of the court to which a case is removed shall keep an accurate account of the costs and expenses, and certify the account to both counties.</text> </level> <level label="2"> <text>The account shall contain names and addresses of the persons to whom the costs or expenses are due, and the amount due.</text> </level> <level label="3"> <text>The returns of the certified accounts shall accompany the case when it is returned.</text> </level> </level> <level label="c"> <text>The county where the case is tried shall initially pay the costs and expenses due to its residents in the same manner as if the case originated in that county.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-206" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="2" subtitle_name="Circuit Court"> <level label="a"> <text>If a criminal or traffic case is appealed from the District Court to a circuit court, the fine and costs collected in the District Court, including costs collected under Maryland Rule 7-103, shall be forwarded to the circuit court for disposition in accordance with this section.</text> </level> <level label="b"> <text>If the appeal in a criminal or traffic case is disposed of other than by acquittal, nolle prosequi, or stet, a fine imposed by the circuit court and the circuit court costs, including the sum paid under Maryland Rule 7-103(c), shall be disposed of in the same manner as are fines and costs in a criminal case heard by the circuit court in the exercise of its original jurisdiction. The District Court costs shall be returned to the District Court.</text> </level> <level label="c"> <text>In a civil case, the court costs shall be disposed of in the same manner as are other costs in a civil case heard by the circuit court in the exercise of its original jurisdiction.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-207" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="2" subtitle_name="Circuit Court"> <text>All fines paid to the clerk of the court for the purgation of contempt of a court of equity shall be paid by the clerk at the end of every six months to the county where the offense occurred.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-208" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="2" subtitle_name="Circuit Court"> <level label="a"> <text>If any person gives a check to the clerk to pay for any charge or for any other purpose and the check is not honored by the financial institution on which it is drawn, the clerk may impose a service charge of $30 against the party drawing the check.</text> </level> <level label="b"> <text>The service charge under this section shall be in addition to any other penalty prescribed by law.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-301" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="3" subtitle_name="District Court"> <level label="a"> <level label="1"> <text>Except as provided in paragraphs (2) and (3) of this subsection, the court costs in a traffic case, including parking and impounding cases, cases under § 21–202.1, § 21–809, § 21–810, § 21–810.1, § 21–1414, or § 24–111.3 of the Transportation Article in which costs are imposed, and cases under § 10–112 of the Criminal Law Article in which costs are imposed:</text> <level label="i"> <text>Are $22.50; and</text> </level> <level label="ii"> <text>Shall also be applicable to those cases in which the defendant elects to waive the defendant’s right to trial and pay the fine or penalty deposit established by the Chief Judge of the District Court by administrative regulation.</text> </level> </level> <level label="2"> <text>In an uncontested case under § 21–202.1, § 21–809, § 21–810, § 21–1414, or § 24–111.3 of the Transportation Article, an uncontested case under § 10–112 of the Criminal Law Article, or an uncontested parking or impounding case in which the fines are paid directly to a political subdivision or municipality, costs are $2.00, which costs shall be paid to and retained by the political subdivision or municipality.</text> </level> <level label="3"> <level label="i"> <text>In an uncontested case in which the fine is paid directly to an agency of State government authorized by law to regulate parking of motor vehicles, the court costs are $2.00.</text> </level> <level label="ii"> <text>The fine and the costs under this paragraph shall be paid to the agency, which shall receive and account for these funds as in all other cases involving sums due the State through a State agency.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>The court costs in a criminal case in which costs are imposed are $22.50.</text> </level> <level label="2"> <text>The costs shall be in addition to any costs imposed in a criminal case under the Criminal Injuries Compensation Act.</text> </level> </level> <level label="c"> <level label="1"> <text>The filing fees and costs in a civil case are those prescribed by law subject to modification by law, rule, or administrative regulation.</text> </level> <level label="2"> <text>The Chief Judge of the District Court shall assess a surcharge that:</text> <level label="i"> <text>May not be more than:</text> <level label="1"> <text>$43 per summary ejectment case; and</text> </level> <level label="2"> <text>$28 per case for all other civil cases; and</text> </level> </level> <level label="ii"> <text>Shall be deposited:</text> <level label="1"> <text>For a surcharge assessed under item (i)1 of this paragraph:</text> </level> <level label="A"> <text>45% into the Statewide Rental Assistance Voucher Program established under § 4–2902 of the Housing and Community Development Article;</text> </level> <level label="B"> <text>45% into the Maryland Legal Services Corporation Fund established under § 11–402 of the Human Services Article; and</text> </level> <level label="C"> <text>10% into the Rental Assistance for Community Schools Families Fund established under § 9.9–104.1 of the Education Article; and</text> </level> <level label="2"> <text>For a surcharge assessed under item (i)2 of this paragraph, into the Maryland Legal Services Corporation Fund established under § 11–402 of the Human Services Article.</text> </level> </level> </level> <level label="3"> <level label="i"> <text>In addition to the surcharge assessed under paragraph (2) of this subsection, the Chief Judge of the District Court shall assess a surcharge that may not be more than $10 per case for the following cases filed in Baltimore City:</text> <level label="1"> <text>Summary ejectment;</text> </level> <level label="2"> <text>Tenant holding over;</text> </level> <level label="3"> <text>Breach of lease; and</text> </level> <level label="4"> <text>Warrant of restitution.</text> </level> </level> <level label="ii"> <text>The revenue generated from the surcharge on filing fees collected by the District Court in Baltimore City under subparagraph (i) of this paragraph shall be:</text> <level label="1"> <text>Remitted quarterly to the Baltimore City Director of Finance; and</text> </level> <level label="2"> <text>Used to fund the enhancement of sheriff benefits, the increase in sheriff personnel to enhance the service of domestic violence orders, and the work of the Neighborhood Services Unit within the Office of the Sheriff of Baltimore City.</text> </level> </level> </level> <level label="4"> <text>In addition to the surcharge assessed under paragraphs (2) and (3) of this subsection, the Chief Judge of the District Court shall assess a surcharge that:</text> <level label="i"> <text>May not be more than:</text> <level label="1"> <text>$3 per summary ejectment case; and</text> </level> <level label="2"> <text>$8 per case for all other civil cases; and</text> </level> </level> <level label="ii"> <text>Shall be deposited into the Circuit Court Real Property Records Improvement Fund established under § 13–602 of this article.</text> </level> </level> <level label="5"> <level label="i"> <text>Except as provided in subparagraph (ii) of this paragraph, a surcharge assessed under paragraph (2)(i)1 of this subsection shall be assessed against a landlord and may not be awarded or assigned as a fee or cost against a residential tenant by the court.</text> </level> <level label="ii"> <text>A court may allow a landlord to deduct a surcharge assessed under paragraph (2)(i)1 of this subsection from the tenant’s security deposit if:</text> <level label="1"> <text>A judgment for possession is granted in the landlord’s favor; and</text> </level> <level label="2"> <text>The lease agreement provides that a surcharge may be assessed against the tenant in accordance with this paragraph.</text> </level> </level> <level label="iii"> <text>A deduction under subparagraph (ii) of this paragraph may not exceed the amount of a tenant’s security deposit.</text> </level> </level> <level label="6"> <text>The Supreme Court of Maryland may provide by rule for waiver of prepayment of filing fees and other costs in cases of indigency.</text> </level> </level> <level label="d"> <level label="1"> <text>If a person pays court costs or a fine with a check in any motor vehicle, criminal, or civil case in the District Court, and the check is returned to the court by the financial institution on which it is drawn because of insufficient funds in the account, or because the account has been closed or never existed, the court may impose a service charge of $30 against the party issuing the check.</text> </level> <level label="2"> <text>The service charge under this subsection shall be in addition to any other penalty prescribed by law.</text> </level> </level> <level label="e"> <text>The Comptroller shall annually pay from the court costs collected by the District Court under subsections (a) and (b)(1) of this section:</text> <level label="1"> <text>$500,000 into the Criminal Injuries Compensation Fund established under § 11–819 of the Criminal Procedure Article;</text> </level> <level label="2"> <text>$125,000 into the Victim and Witness Protection and Relocation Fund established under § 11–905 of the Criminal Procedure Article; and</text> </level> <level label="3"> <text>$2,000,000 into the Maryland Police Training and Standards Commission Fund established under § 3–206.1 of the Public Safety Article.</text> </level> </level> <level label="f"> <level label="1"> <text>This subsection does not apply to a traffic case under § 21–202.1, § 21–809, § 21–810, § 21–810.1, or § 21–1414 of the Transportation Article or to a parking or impounding case.</text> </level> <level label="2"> <text>In a traffic case under subsection (a)(1) of this section the court shall add a $7.50 surcharge to any fine imposed by the court.</text> </level> <level label="3"> <level label="i"> <text>The Comptroller annually shall credit the surcharges collected under this subsection as provided in this paragraph.</text> </level> <level label="ii"> <text>An amount annually as set forth in the State budget shall be distributed for the Charles W. Riley Firefighter and Ambulance and Rescue Squad Member Scholarship as established in § 18–603.1 of the Education Article.</text> </level> <level label="iii"> <text>An amount annually as set forth in the State budget shall be distributed to the Maryland State Firefighters Association for the Widows’ and Orphans’ Fund.</text> </level> <level label="iv"> <text>After the distribution under subparagraphs (ii) and (iii) of this paragraph, $200,000 shall be distributed to the Maryland State Firefighters Association.</text> </level> <level label="v"> <text>After the distribution under subparagraphs (ii), (iii), and (iv) of this paragraph and until a total of $20,000,000 has been distributed to the Volunteer Company Assistance Fund since the establishment of the surcharge under this subsection, the remainder shall be credited to the Volunteer Company Assistance Fund to be used in accordance with the provisions of Title 8, Subtitle 2 of the Public Safety Article.</text> </level> <level label="vi"> <text>After a total of $20,000,000 has been distributed to the Volunteer Company Assistance Fund, 100% of the remainder shall be credited to the Maryland Emergency Medical System Operations Fund established under § 13–955 of the Transportation Article.</text> </level> <level label="vii"> <text>On or before September 1 of each year until $20,000,000 has been distributed to the Volunteer Company Assistance Fund, the State Court Administrator shall submit a report to the Senate Budget and Taxation Committee and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article, on the amount of revenue distributed to the Volunteer Company Assistance Fund under this paragraph.</text> </level> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-302" future_version_removed="true" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="3" subtitle_name="District Court"> <level label="a"> <text>Except as provided in subsections (b) through (g) of this section, the clerks of the District Court shall:</text> <level label="1"> <text>Collect costs, fines, forfeitures, or penalties imposed by the court; and</text> </level> <level label="2"> <text>Remit them to the State under a system agreed upon by the Chief Judge of the District Court and the Comptroller.</text> </level> </level> <level label="b"> <text>If a parking or impounding fine, penalty, or forfeiture, or a fine, penalty, or forfeiture relating to violation of housing, building, fire, health, or sanitation codes, or a Mass Transit Fare Payment Statute, or a fine or penalty relating to failure to pay the prescribed toll at an Authority highway, as defined in § 21–1401 of the Transportation Article, is collected by the District Court pursuant to a local ordinance, law, or regulation of a political subdivision or municipality, or pursuant to a regulation of an agency of State government authorized to regulate parking of motor vehicles, or pursuant to a statute pertaining to the payment of mass transit fares, or pursuant to a statute pertaining to the failure to pay tolls, it shall be remitted to the respective local government, or to the State agency.</text> </level> <level label="c"> <text>Every agency of State government, political subdivision or municipality which has enacted or which shall enact an ordinance, law, or regulation controlling the parking of motor vehicles, or providing for the impounding of motor vehicles, or pertaining to the failure to pay tolls shall provide that fines, penalties or forfeitures for the violation of said ordinances, laws, or regulations shall be paid directly to the State agency, political subdivision or municipality, and not to the District Court, in uncontested cases.</text> </level> <level label="d"> <text>Every ordinance, law, or regulation controlling the parking of motor vehicles or providing for impounding such vehicles or pertaining to the failure to pay tolls shall provide that the person receiving a citation may elect to stand trial for said offense by notifying the State agency, political subdivision or municipality of his intention of standing trial, which notice shall be given at least five (5) days prior to the date of payment as set forth in the citation. Upon receipt of the notice of such intention to stand trial, the political subdivision or municipality shall forward to the District Court in said political subdivision or municipality, and the State agency shall forward to the District Court having venue, a copy of the citation and a copy of the notice from the person who received the citation indicating his intention to stand trial. Upon receipt thereof, the District Court shall schedule the case for trial and notify the defendant of the trial date under procedures to be adopted by the Chief Judge of the District Court. All parking or impounding fines, penalties or forfeitures or failure to pay toll penalties collected through the District Court pursuant to a parking or impounding or toll collection ordinance, law, or regulation enacted by a State agency, political subdivision or municipality shall be remitted to the respective local government or State agency.</text> </level> <level label="e"> <level label="1"> <level label="i"> <text>A citation issued under § 21–202.1, § 21–706.1, § 21–707.1, § 21–809, § 21–810, § 21–810.1, § 21–1134, § 22–612, or § 24–111.3 of the Transportation Article shall provide that the person receiving the citation may elect to stand trial by notifying the issuing agency of the person’s intention to stand trial at least 5 days before the date of payment as set forth in the citation.</text> </level> <level label="ii"> <text>On receipt of the notice to stand trial, the agency shall forward to the District Court having venue a copy of the citation and a copy of the notice from the person who received the citation indicating the person’s intention to stand trial.</text> </level> <level label="iii"> <text>On receipt thereof, the District Court shall schedule the case for trial and notify the defendant of the trial date under procedures adopted by the Chief Judge of the District Court.</text> </level> </level> <level label="2"> <level label="i"> <text>A citation issued as the result of any of the following systems or cameras controlled by a political subdivision shall provide that, in an uncontested case, the penalty shall be paid directly to that political subdivision:</text> <level label="1"> <text>A vehicle height monitoring system;</text> </level> <level label="2"> <text>A traffic control signal monitoring system;</text> </level> <level label="3"> <text>A speed monitoring system;</text> </level> <level label="4"> <text>A work zone speed control system;</text> </level> <level label="5"> <text>A stop sign monitoring system;</text> </level> <level label="6"> <text>A school bus monitoring camera;</text> </level> <level label="7"> <text>A bus lane monitoring system; or</text> </level> <level label="8"> <text>A noise abatement monitoring system.</text> </level> </level> <level label="ii"> <text>A citation issued as the result of any of the following systems or cameras controlled by a political subdivision shall provide that, in a contested case, the penalty shall be paid directly to the District Court:</text> <level label="1"> <text>A vehicle height monitoring system;</text> </level> <level label="2"> <text>A traffic control signal monitoring system;</text> </level> <level label="3"> <text>A speed monitoring system;</text> </level> <level label="4"> <text>A work zone speed control system;</text> </level> <level label="5"> <text>A stop sign monitoring system;</text> </level> <level label="6"> <text>A school bus monitoring camera;</text> </level> <level label="7"> <text>A bus lane monitoring system; or</text> </level> <level label="8"> <text>A noise abatement monitoring system.</text> </level> </level> <level label="iii"> <text>A citation issued as the result of any of the following systems or cameras controlled by a State agency shall provide that, in a contested case, the penalty shall be paid directly to the District Court:</text> <level label="1"> <text>A traffic control signal monitoring system;</text> </level> <level label="2"> <text>A work zone speed control system;</text> </level> <level label="3"> <text>A safety corridor speed monitoring system;</text> </level> <level label="4"> <text>A speed monitoring system; or</text> </level> <level label="5"> <text>A bus lane monitoring system.</text> </level> </level> </level> <level label="3"> <level label="i"> <text>Except as provided in subparagraphs (ii) and (iii) of this paragraph and paragraph (6) of this subsection, civil penalties resulting from citations issued using a vehicle height monitoring system, traffic control signal monitoring system, speed monitoring system, work zone speed control system, safety corridor speed monitoring system, stop sign monitoring system, school bus monitoring camera, bus lane monitoring system, or a noise abatement monitoring system that are collected by the District Court shall be collected in accordance with subsection (a) of this section and distributed in accordance with § 12–118 of the Transportation Article.</text> </level> <level label="ii"> <level label="1"> <text>The fines collected by the District Court as a result of violations enforced by speed monitoring systems on Interstate 695 in Baltimore County and Interstate 83 in Baltimore County shall be remitted to the Comptroller for distribution to the State Highway Administration to be used solely to:</text> </level> <level label="A"> <text>Recover the cost of implementing and administering the speed monitoring systems on Interstate 695 in Baltimore County and Interstate 83 in Baltimore County; and</text> </level> <level label="B"> <text>Assist in covering the cost of roadway and safety improvements on Interstate 695 in Baltimore County and Interstate 83 in Baltimore County.</text> </level> <level label="2"> <text>Fines distributed to the State Highway Administration under subsubparagraph 1 of this subparagraph are supplemental to and are not intended to take the place of funding that would otherwise be appropriated for uses described under subsubparagraph 1 of this subparagraph.</text> </level> </level> <level label="iii"> <text>Civil penalties resulting from citations issued using a speed monitoring system controlled by the Maryland Transportation Authority that are collected by the District Court shall be collected in accordance with subsection (a) of this section and remitted to the Maryland Transportation Authority.</text> </level> </level> <level label="4"> <level label="i"> <text>Except as provided in paragraphs (5) and (6) of this subsection, from the fines collected by a political subdivision as a result of violations enforced by speed monitoring systems, work zone speed control systems, stop sign monitoring systems, school bus monitoring cameras, bus lane monitoring systems, or noise abatement monitoring systems, a political subdivision:</text> <level label="1"> <text>May recover the costs of implementing and administering the speed monitoring systems, work zone speed control systems, stop sign monitoring systems, school bus monitoring cameras, bus lane monitoring systems, or noise abatement monitoring systems; and</text> </level> <level label="2"> <text>Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, may spend any remaining balance solely for public safety purposes, including pedestrian or highway safety programs.</text> </level> </level> <level label="ii"> <level label="1"> <text>For any fiscal year, if the balance remaining from the fines collected by a political subdivision as a result of violations enforced by speed monitoring systems, after the costs of implementing and administering the systems are recovered in accordance with subparagraph (i)1 of this paragraph, is greater than 10% of the total revenues of the political subdivision for the fiscal year, the political subdivision shall remit any funds that exceed 10% of the total revenues to the Comptroller.</text> </level> <level label="2"> <text>The Comptroller shall deposit any money remitted under this subparagraph to the General Fund of the State.</text> </level> </level> <level label="iii"> <text>The fines collected by Prince George’s County as a result of violations enforced by speed monitoring systems on Maryland Route 210 shall be remitted to the Comptroller for distribution to the State Highway Administration to be used solely to assist in covering the costs of:</text> <level label="1"> <text>Examining the engineering, infrastructure, and other relevant factors that may contribute to safety issues on Maryland Route 210 in Prince George’s County;</text> </level> <level label="2"> <text>Reporting its findings and recommendations on any solutions to these safety issues; and</text> </level> <level label="3"> <text>Implementing any solutions to these safety issues.</text> </level> </level> <level label="iv"> <level label="1"> <text>From the fines collected by Baltimore City as a result of violations enforced by speed monitoring systems on Interstate 83, any balance remaining after the allocation of fines under subparagraph (i)1 of this paragraph shall be remitted to the Comptroller for distribution to the Baltimore City Department of Transportation to be used solely to assist in covering the cost of roadway improvements on Interstate 83 in Baltimore City.</text> </level> <level label="2"> <text>Fines remitted to the Baltimore City Department of Transportation under subsubparagraph 1 of this subparagraph are supplemental to and are not intended to take the place of funding that would otherwise be appropriated for uses described under subsubparagraph 1 of this subparagraph.</text> </level> </level> <level label="v"> <text>From the fines collected by the Town of Oxford as a result of violations enforced by speed monitoring systems at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County, any balance remaining after the allocation of fines under subparagraph (i)1 of this paragraph shall be remitted to the Comptroller for distribution to the State Highway Administration to be used solely to assist in covering the cost of roadway and pedestrian safety improvements in and around the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue.</text> </level> <level label="vi"> <level label="1"> <text>From the fines collected by Montgomery County as a result of violations enforced by speed monitoring systems placed in accordance with § 21–809(b)(1)(vi)7 of the Transportation Article, any balance remaining after the allocation of fines under subparagraph (i)1 of this paragraph shall be used to fund the study, design, and construction of safety–related projects on roadways or intersections in Montgomery County that have been identified in the county’s or State’s most recent Strategic Highway Safety Plan or Vision Zero Plan as roadways or intersections that are at high risk for motor vehicle crashes that result in serious bodily injury or death.</text> </level> <level label="2"> <text>From the fines collected by a municipal government in Montgomery County as a result of violations enforced by speed monitoring systems placed in accordance with § 21–809(b)(1)(vi)7 of the Transportation Article, any balance remaining after the allocation of fines under subparagraph (i)1 of this paragraph shall be used to fund the study, design, and construction of safety–related projects on roadways or intersections in the municipality that have been identified in the municipality’s, county’s, or State’s most recent Strategic Highway Safety Plan, Vision Zero Plan, or similar road safety plan as roadways or intersections that are at high risk for motor vehicle crashes that result in serious bodily injury or death.</text> </level> </level> </level> <level label="5"> <text>From the fines collected by Baltimore City as a result of violations enforced by a traffic control signal monitoring system, a speed monitoring system not on Interstate 83, a school bus monitoring camera, or a vehicle height monitoring system, Baltimore City:</text> <level label="i"> <text>May recover the costs of implementing and administering a traffic control signal monitoring system, a speed monitoring system not on Interstate 83, a school bus monitoring camera, or a vehicle height monitoring system; and</text> </level> <level label="ii"> <text>Shall use the remaining balance for the following purposes:</text> <level label="1"> <text>Infrastructure and noninfrastructure activities eligible for funding under the State Highway Administration’s Safe Routes to School Program, as jointly agreed on by the Baltimore City Public Schools and the Baltimore City Department of Transportation; and</text> </level> <level label="2"> <text>Public safety or transportation infrastructure improvements consistent with the purpose and goals of the Complete Streets Program under § 8–903 of the Transportation Article and the Complete Streets Transportation System under Article 26, § 40–6 of the Baltimore City Code.</text> </level> </level> </level> <level label="6"> <text>From the fines collected by Baltimore City or the District Court as a result of violations enforced by a stop sign monitoring system located in Baltimore City, 50% shall be:</text> <level label="i"> <text>Distributed to the local management board for Baltimore City; and</text> </level> <level label="ii"> <level label="1"> <text>From the fines collected as a result of violations enforced by a stop sign monitoring system located in the 45th legislative district, used only for providing youth programming and services for youth living in or attending a school located in the 45th legislative district;</text> </level> <level label="2"> <text>From the fines collected as a result of violations enforced by a stop sign monitoring system located in the 46th legislative district, used only for providing youth programming and services for youth living in or attending a school located in the 46th legislative district; or</text> </level> <level label="3"> <text>From the fines collected as a result of violations enforced by a stop sign monitoring system located in the 41st legislative district, used only for providing youth programming and services for youth living in or attending a school located in the 41st legislative district.</text> </level> </level> </level> </level> <level label="f"> <level label="1"> <text>A citation issued under § 10–112 of the Criminal Law Article shall provide that the person receiving the citation may elect to stand trial by notifying the Baltimore City Department of Public Works of the person’s intention to stand trial at least 5 days prior to the date of payment as set forth in the citation. On receipt of the notice to stand trial, the Baltimore City Department of Public Works shall forward to the District Court having venue a copy of the citation and a copy of the notice from the person who received the citation indicating the person’s intention to stand trial. On receipt thereof, the District Court shall schedule the case for trial and notify the defendant of the trial date under procedures adopted by the Chief Judge of the District Court.</text> </level> <level label="2"> <text>A citation issued as a result of the use of a surveillance system shall provide that, in an uncontested case, the penalty shall be paid directly to Baltimore City.</text> </level> <level label="3"> <text>Civil penalties collected by the District Court resulting from citations issued as a result of the use of a surveillance system shall be collected in accordance with subsection (a) of this section and distributed to Baltimore City.</text> </level> </level> <level label="g"> <level label="1"> <text>A civil penalty collected by the District Court resulting from citations issued under § 5–601(c)(2)(ii) of the Criminal Law Article shall be remitted to the Maryland Department of Health.</text> </level> <level label="2"> <text>The Maryland Department of Health may use money received under this subsection only for the purpose of funding drug treatment and education programs.</text> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-401" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="4" subtitle_name="Miscellaneous"> <level label="a"> <text>For examination of a judgment debtor by a standing commissioner or examiner, the clerk of a court shall collect in advance from the plaintiff the following fees:</text> <level label="1"> <text>If a judgment or decree does not exceed $200 -- $5;</text> </level> <level label="2"> <text>If a judgment or decree exceeds $200, but does not exceed $1,000 -- $10;</text> </level> <level label="3"> <text>If a judgment or decree exceeds $1,000 -- $15.</text> </level> </level> <level label="b"> <text>The plaintiff shall initially pay stenographic fees in supplementary proceedings. The fees shall be taxed as costs.</text> </level> <level label="c"> <text>All costs in supplementary proceedings shall be taxed to the defendant.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-402" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="4" subtitle_name="Miscellaneous"> <level label="a"> <text>Except as provided in subsections (b), (e), (f), and (g) of this section, a sheriff shall collect the following fees:</text> <level label="1"> <text>$5 for service of summary ejectment papers.</text> </level> <level label="2"> <text>$60 for service of a paper not including an execution or attachment.</text> </level> <level label="3"> <text>$40 for service including an execution or attachment by taking into custody a person or seizing real or personal property.</text> </level> <level label="4"> <text>$60 for service of process papers arising out of administrative agency proceedings where the party requesting the service is a nongovernmental entity.</text> </level> <level label="5"> <text>For the sale following the execution or attachment of personal property: Three percent of the first $5,000; two percent of the second $5,000; and one percent of any amount in excess of $10,000. The sheriff shall collect a minimum of $15 and a maximum of $500 under the provisions of this paragraph.</text> </level> <level label="6"> <text>For the sale following the execution or attachment of real property: One and one–half percent of the first $5,000; one percent of the second $5,000; and one–half of one percent of any amount in excess of $10,000. The sheriff shall collect a minimum of $1.50 and a maximum of $250 under the provisions of this paragraph.</text> </level> <level label="7"> <text>$60 for service of a paper originating from a foreign court.</text> </level> </level> <level label="b"> <level label="1"> <text>For service including an execution or attachment by taking into custody a person or seizing real or personal property, a sheriff may collect the amount specified in a cooperative agreement with the Child Support Administration under § 10–111 of the Family Law Article.</text> </level> <level label="2"> <text>As part of the costs awarded to a party under § 12–103 of the Family Law Article, a court may not award an amount greater than the amount specified in subsection (a) of this section for the cost of service including an execution or attachment by taking into custody a person or seizing real or personal property.</text> </level> </level> <level label="c"> <level label="1"> <text>If the sheriff incurs expenses for the purpose of conserving or protecting the seized property, the sheriff shall be reimbursed for the expense.</text> </level> <level label="2"> <text>If the Sheriff of Washington County incurs expenses for seizing property, the Sheriff shall be reimbursed by the judgment debtor for reasonable expenses.</text> </level> </level> <level label="d"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, if the sheriff is unable to serve a paper, 50% of the fee shall be refunded to the party requesting the service.</text> </level> <level label="2"> <text>If the sheriff is unable to serve summary ejectment papers, the full fee shall be refunded to the party requesting the service.</text> </level> </level> <level label="e"> <text>A sheriff may not collect a fee for the service of:</text> <level label="1"> <text>A paper from a housing authority created under Division II of the Housing and Community Development Article; or</text> </level> <level label="2"> <text>A summons for a law enforcement officer to appear as a witness in a criminal case.</text> </level> </level> <level label="f"> <level label="1"> <text>In addition to the fees specified in subsection (a) of this section and except as provided in subsections (b) and (e) of this section, the Baltimore City Sheriff shall collect a surcharge that may not be more than:</text> <level label="i"> <text>$60 for service of a writ of execution; and</text> </level> <level label="ii"> <text>$40 for service of a paper originating from a foreign court.</text> </level> </level> <level label="2"> <text>The revenue generated from the surcharge on filing fees for the sheriff services under paragraph (1) of this subsection shall fund the enhancement of sheriff benefits and the increase in sheriff personnel to enhance the service of domestic violence orders.</text> </level> </level> <level label="g"> <text>A sheriff shall collect $40 for service of a paper for:</text> <level label="1"> <text>A breach of lease;</text> </level> <level label="2"> <text>A tenant holdover;</text> </level> <level label="3"> <text>A warrant of restitution;</text> </level> <level label="4"> <text>A wrongful entry and detainer; or</text> </level> <level label="5"> <text>An order of levy in distress.</text> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-403" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="4" subtitle_name="Miscellaneous"> <text>A court may not require the Commissioner of Labor and Industry to pay filing fees or other costs in connection with an action under Title 3, Subtitle 5 of the Labor and Employment Article.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-404" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="4" subtitle_name="Miscellaneous"> <text>If the service of process by a private process server is accomplished, a judge of the District Court or a circuit court may impose costs for the service of process in an amount not to exceed the fees authorized for the service of process by a sheriff under § 7-402 of this subtitle.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-405" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="4" subtitle_name="Miscellaneous"> <text>The District Court or a circuit court in a criminal case may not waive any court costs imposed under § 7-409 of this subtitle unless the defendant establishes indigency as provided in the Maryland Rules.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-406" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="4" subtitle_name="Miscellaneous"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Active service member” has the meaning stated in § 9–901 of the State Government Article.</text> </level> <level label="3"> <text>“Service member” has the meaning stated in § 9–901 of the State Government Article.</text> </level> </level> <level label="b"> <text>A clerk of court shall provide without charge:</text> <level label="1"> <text>A copy of any paper or record in the clerk’s office that is requested by a former or active service member, in person, or by the United States government, if the copy is to be used in connection with a claim of the former or active service member against the United States government;</text> </level> <level label="2"> <text>A copy of a marriage record of a former or active service member that is requested by the former or active service member; and</text> </level> <level label="3"> <text>A copy of a marriage record of a former or active service member or of a surviving spouse or child of the former or active service member that is requested, if the copy is to be used in connection with a claim for a dependent or beneficiary of the former or active service member.</text> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-409" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="4" subtitle_name="Miscellaneous"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Crime” means an act committed by a person in the State that is:</text> <level label="i"> <text>A crime under Title 1, Subtitle 3, Title 3, Subtitle 7, or § 4–123.1 of the Agriculture Article;</text> </level> <level label="ii"> <text>A crime under Title 19, Subtitle 2 or Subtitle 3 of the Business Regulation Article;</text> </level> <level label="iii"> <text>A crime under Title 14, Subtitle 29, § 11–810, or § 14–1317 of the Commercial Law Article;</text> </level> <level label="iv"> <text>A crime under § 3–218, § 3–305(c)(2), § 3–409(a) or (c), § 3–803(b), § 3–807(i), § 3–808(d), § 3–811(c), § 8–801, § 8–802, § 9–602(e), § 11–702(d)(8), § 11–703(e)(5)(iii), § 11–708(d)(7)(ii), § 11–711(h)(2), § 11–712(c)(6)(ii), § 11–715(g)(2), § 11–716(h)(2), § 11–723(b)(8), or § 11–726 of the Correctional Services Article;</text> </level> <level label="v"> <text>A crime under the Criminal Law Article other than Title 8, Subtitle 2, Part II or § 10–614;</text> </level> <level label="vi"> <text>A crime under the Criminal Procedure Article;</text> </level> <level label="vii"> <text>A crime under Title 5, Subtitle 10A of the Environment Article;</text> </level> <level label="viii"> <text>A crime under § 5–503 of the Family Law Article;</text> </level> <level label="ix"> <text>A crime under Title 12, Subtitle 9 of the Financial Institutions Article;</text> </level> <level label="x"> <text>A crime under Title 20, Subtitle 7 or § 21–259.1 of the Health – General Article;</text> </level> <level label="xi"> <text>A crime under § 8–713.1, § 8–724.1, § 8–725.6, § 8–725.7, § 8–726.1, § 8–738.1, § 8–740.1, or § 10–411(a), (b), or (c), as it relates to Harford County, of the Natural Resources Article;</text> </level> <level label="xii"> <text>A crime under Title 3, Subtitle 1 or Subtitle 5, Title 5, Subtitle 1, Subtitle 2, Subtitle 3, or Subtitle 4, § 6–602, § 7–402, or § 12–701 of the Public Safety Article;</text> </level> <level label="xiii"> <text>A crime under § 14–127 of the Real Property Article;</text> </level> <level label="xiv"> <text>A violation of the Transportation Article that is punishable by imprisonment;</text> </level> <level label="xv"> <text>A crime under § 6–301 or § 33–2503 of the Alcoholic Beverages and Cannabis Article;</text> </level> <level label="xvi"> <text>A crime under § 13–118(d), § 13–120(d), § 13–121(g), § 13–123(e), § 13–124(d), § 13–129(g), § 13–131(c), or § 13–133(d) of the Local Government Article;</text> </level> <level label="xvii"> <text>A crime under Chapter 110–1 of the Code of Public Local Laws of Caroline County;</text> </level> <level label="xviii"> <text>A crime under § 4–103 of the Code of Public Local Laws of Carroll County;</text> </level> <level label="xix"> <text>A crime under § 8A–1 of the Code of Public Local Laws of Talbot County; or</text> </level> <level label="xx"> <text>A crime at common law.</text> </level> </level> <level label="3"> <text>“Offense” means a violation of the Transportation Article that is not punishable by imprisonment.</text> </level> </level> <level label="b"> <text>In addition to any other costs required by law, a circuit court shall impose on a defendant convicted of a crime an additional cost of $45 in the case.</text> </level> <level label="c"> <text>In addition to any other costs required by law, the District Court shall impose on a defendant convicted of a crime an additional cost of $35 in the case.</text> </level> <level label="d"> <text>In addition to any other costs required by law, a court shall impose on a defendant convicted of an offense an additional cost of $3 in the case, including cases in which the defendant elects to waive the right to trial and pay the fine or penalty deposit established by the Chief Judge of the District Court by administrative regulation.</text> </level> <level label="e"> <level label="1"> <text>All money collected under this section shall be paid to the Comptroller of the State.</text> </level> <level label="2"> <text>The Comptroller shall deposit $22.50 from each fee collected under subsection (b) of this section from a circuit court and $12.50 from each fee collected under subsection (c) of this section from the District Court into the State Victims of Crime Fund established under § 11–916 of the Criminal Procedure Article.</text> </level> <level label="3"> <text>The Comptroller shall deposit $2.50 from each fee collected under subsections (b) and (c) of this section into the Victim and Witness Protection and Relocation Fund established under § 11–905 of the Criminal Procedure Article.</text> </level> <level label="4"> <text>The Comptroller shall deposit all other money collected under subsections (b) and (c) of this section into the Criminal Injuries Compensation Fund established under § 11–819 of the Criminal Procedure Article.</text> </level> </level> <level label="f"> <level label="1"> <text>From the first $500,000 in fees collected under subsection (d) of this section in each fiscal year, the Comptroller shall deposit one–half of each fee into the State Victims of Crime Fund and one–half of each fee into the Criminal Injuries Compensation Fund.</text> </level> <level label="2"> <text>For fees collected under subsection (d) of this section in excess of $500,000 in each fiscal year, the Comptroller shall deposit the entire fee into the Criminal Injuries Compensation Fund.</text> </level> </level> <level label="g"> <text>A political subdivision may not be held liable under any condition for the payment of sums under this section.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-501" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="5" subtitle_name="Fines and Forfeitures"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Costs” means the cost of prosecuting a person for a crime.</text> </level> <level label="c"> <level label="1"> <text>“Crime” means any act or omission for which a statute or ordinance imposes a fine or imprisonment.</text> </level> <level label="2"> <text>“Crime” does not include a municipal infraction under Title 6 of the Local Government Article.</text> </level> </level> <level label="d"> <level label="1"> <text>“Fine” means the monetary penalty prescribed by a statute or ordinance for a crime.</text> </level> <level label="2"> <text>“Fine” does not include costs.</text> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-502" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="5" subtitle_name="Fines and Forfeitures"> <text>A person who is found guilty of a crime shall be liable for the costs of the person’s prosecution.</text> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-503" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="5" subtitle_name="Fines and Forfeitures"> <level label="a"> <text>When a court imposes a fine, the court may order the defendant to pay the fine:</text> <level label="1"> <text>When the court imposes sentence; or</text> </level> <level label="2"> <text>In specified installments at designated intervals.</text> </level> </level> <level label="b"> <level label="1"> <text>If a fine is payable in installments, the court may order that the payments be made to a probation agency or officer.</text> </level> <level label="2"> <text>The probation agency or officer shall report to the court a failure to comply with the order.</text> </level> </level> <level label="c"> <text>If a court sentences a defendant to probation, the court may make payment of a fine a condition of the sentence.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-504" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="5" subtitle_name="Fines and Forfeitures"> <level label="a"> <text>A defendant who is unable to pay a fine ordered by a court may apply to the court for a reduction of the fine.</text> </level> <level label="b"> <text>If a defendant fails or is unable to pay a fine as ordered by a court, the court may investigate the reasons for the failure or inability to pay the fine, including the defendant’s financial and family situation and whether nonpayment of the fine is contumacious or is due to indigence.</text> </level> <level label="c"> <text>After an investigation that a court considers necessary as to the reasons for the failure or inability to pay a fine, the court:</text> <level label="1"> <text>May order that the individual be committed to a correctional facility;</text> </level> <level label="2"> <text>May reduce the fine to an amount that the court determines the defendant is able to pay; or</text> </level> <level label="3"> <text>Subject to subsection (d) of this section, may direct that the individual be imprisoned until payment of:</text> <level label="i"> <text>The fine; or</text> </level> <level label="ii"> <text>Part of the fine that is undischarged after a pro rata credit for time served instead of payment.</text> </level> </level> </level> <level label="d"> <level label="1"> <text>Subject to the limitations in this subsection, the court shall determine the period of imprisonment for default in payment of a fine.</text> </level> <level label="2"> <text>The period of imprisonment may not exceed:</text> <level label="i"> <text>1 day for each $10 of the fine; and</text> </level> <level label="ii"> <text>If the fine was imposed for a crime subject to punishment by imprisonment, one-third of the maximum term authorized by the statute or ordinance under which the individual was convicted, or 90 days, whichever is less; or</text> </level> <level label="iii"> <text>If the fine was imposed for a crime that is not subject to punishment by imprisonment, absent default in payment of a fine, 15 days.</text> </level> </level> <level label="3"> <text>The period of imprisonment, when added to the original sentence, may not exceed the maximum term of imprisonment allowed for the crime.</text> </level> <level label="4"> <text>Each period of imprisonment imposed because of nonpayment of two or more fines shall run concurrently unless the court specifies that the periods of imprisonment shall run consecutively.</text> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-504.1" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="5" subtitle_name="Fines and Forfeitures"> <level label="a"> <text>This section applies to a defendant who is required to pay a fine for one or more traffic offenses, including one or more citations for a violation of a parking ordinance or regulation adopted under Title 26, Subtitle 3 of the Transportation Article.</text> </level> <level label="b"> <level label="1"> <text>The District Court or a circuit court may authorize the clerk of the court to approve an individual installment plan agreement in accordance with this section for the payment of:</text> <level label="i"> <text>One or more citations for a payable violation issued under § 26–201 of the Transportation Article; or</text> </level> <level label="ii"> <text>One or more fines imposed at a hearing or trial by the court.</text> </level> </level> <level label="2"> <text>A defendant who agrees to enter into an installment plan agreement for the payment of one or more citations under paragraph (1)(i) of this subsection consents to conviction at the time of the agreement.</text> </level> </level> <level label="c"> <level label="1"> <text>A defendant who is sentenced to pay one or more fines that total at least $150 and certifies that the defendant is unable to pay the fine or fines may apply to the clerk of the court to make installment payments in accordance with this section.</text> </level> <level label="2"> <text>An installment plan agreement under this section shall:</text> <level label="i"> <text>Require that the defendant make installment payments on the total amount of the fine or fines covered by the agreement; and</text> </level> <level label="ii"> <text>Specify the offenses and citations to which the agreement applies.</text> </level> </level> <level label="3"> <text>As a condition of an installment plan agreement, a defendant who enters into the agreement shall inform the clerk of the court of any change of address during the term of the agreement.</text> </level> <level label="4"> <level label="i"> <text>If a defendant fails to pay a fine in accordance with an installment plan agreement under this section, the clerk of the court may:</text> <level label="1"> <text>Refer the amount of the unpaid outstanding fine to the Central Collection Unit of the Department of Budget and Management; or</text> </level> <level label="2"> <text>Process the unpaid outstanding fine as it would other outstanding fines owed the court.</text> </level> </level> <level label="ii"> <text>The clerk of the court shall provide notice to the defendant of the disposition of the unpaid outstanding fine under subparagraph (i) of this paragraph in the same manner required for other outstanding fines processed in the same manner.</text> </level> </level> </level> <level label="d"> <text>The requirements of subsection (c) of this section shall be posted in the clerk’s office and on the website of the court.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-505" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="5" subtitle_name="Fines and Forfeitures"> <level label="a"> <text>Unpaid and undischarged fines and unpaid costs may be levied, executed on, and collected in the same manner as judgments in civil cases.</text> </level> <level label="b"> <text>Costs are not part of the penalty, and a defendant may not be imprisoned under this subtitle for failure to pay costs.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-506" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="5" subtitle_name="Fines and Forfeitures"> <level label="a"> <text>Except as provided in § 7-302 of this title, in § 7-507 of this subtitle, or, as otherwise provided by law, fines, penalties, and forfeitures that are recovered shall be paid to the county in which the crime occurred.</text> </level> <level label="b"> <text>No portion of any fine, penalty, or forfeiture may be paid to an informer.</text> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-507" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="5" subtitle_name="Fines and Forfeitures"> <level label="a"> <level label="1"> <text>This section does not apply to Anne Arundel and Howard counties.</text> </level> <level label="2"> <text>This section does not apply to fines imposed in gambling cases in Baltimore County.</text> </level> </level> <level label="b"> <text>Except as provided in subsection (c) of this section, the fines imposed by and recognizances forfeited to each circuit court shall be distributed as follows:</text> <level label="1"> <text>50% to the clerk of the circuit court, to be used under the direction of the judges of the circuit court to augment the court library; and</text> </level> <level label="2"> <text>5% to the clerk of the circuit court as a commission.</text> </level> </level> <level label="c"> <level label="1"> <text>In Calvert County, if the County Administrative Circuit Court Judge determines that the amount under subsection (b)(1) of this section exceeds the needs of the library, excess amounts may be used for other needs of the Circuit Court for Calvert County if the Judge provides the County Commissioners with an annual report documenting how the excess amount is used.</text> </level> <level label="2"> <text>In Carroll County, in addition to the amount under subsection (b) of this section, the County Commissioners shall appropriate and pay to the Clerk of the Circuit Court for Carroll County $1,800, plus any additional amount that the County Commissioners determine, for library support and maintenance, including books and library equipment, to be used under the direction of the judges of the Circuit Court for Carroll County.</text> </level> <level label="3"> <text>In Cecil County:</text> <level label="i"> <text>In any year in which the amount provided to the court library under subsection (b) of this section and the attorney appearance fees under § 7–204 of this title:</text> <level label="1"> <text>Is less than $10,000, the County Commissioners shall pay to the clerk of the court the amount necessary to bring the total to $10,000, plus any amount the County Commissioners determine is reasonable for the library maintenance, to be used under the direction of the judges of the Circuit Court for Cecil County; or</text> </level> <level label="2"> <text>Exceeds the amount necessary for library maintenance, the Cecil County Bar and Library Association, Inc., may transfer the excess money to the Cecil County Bar Foundation, Inc., to be used for charitable and educational purposes in accordance with the bylaws of the Foundation; and</text> </level> </level> <level label="ii"> <text>All amounts paid under this section shall be used under the direction of the judges of the Circuit Court for Cecil County in consultation with the Law Library Committee of the Cecil County Bar and Library Association, Inc.</text> </level> </level> <level label="4"> <text>In Charles County, in any year in which the amount under subsection (b) of this section is less than $3,000, the County Commissioners shall pay to the Clerk of the Circuit Court for Charles County the amount necessary to bring the total to $3,000, plus any amount the County Commissioners determine is reasonable for library maintenance, to be used under the direction of the judges of the Circuit Court for Charles County, who reside in the county.</text> </level> <level label="5"> <text>In Harford County, the local governing body shall appropriate and pay to the Clerk of the Circuit Court for Harford County, to be used under the direction of the judges of the court:</text> <level label="i"> <text>The amount under subsection (b) of this section; and</text> </level> <level label="ii"> <text>Any amount the local governing body determines is appropriate, but not less than $1,500, for library support and maintenance, including books, library equipment, and the services of a librarian.</text> </level> </level> <level label="6"> <level label="i"> <text>In St. Mary’s County, the Clerk of the Circuit Court for St. Mary’s County shall transmit monthly the amount under subsection (b)(1) of this section to a special account known as the St. Mary’s County Law Library Fund maintained by the county.</text> </level> <level label="ii"> <text>As determined by the County Administrative Judge, the St. Mary’s County Law Library Fund may only be used for the general purposes of the court library, including to acquire books, other publications, and library equipment, and for other necessary expenses.</text> </level> </level> <level label="7"> <text>In Somerset County, the Clerk of the Circuit Court for Somerset County shall transmit monthly the amount under subsection (b)(1) of this section to a special account known as the Court and Bar Library Account.</text> </level> <level label="8"> <text>In Worcester County, in addition to the amount under subsection (b) of this section, the County Commissioners shall appropriate and pay to the Clerk of the Circuit Court for Worcester County $2,000 and any additional amount that the Commissioners set for library support and maintenance to be used under the direction of the judges of the Circuit Court for Worcester County.</text> </level> </level> </section> <section article="gcj" article_name="Courts and Judicial Proceedings" number="7-508" title_number="7" title_name="Costs, Fines, and Forfeitures" subtitle_number="5" subtitle_name="Fines and Forfeitures"> <text>A municipal corporation of this State may use the following language in concluding an indictment for violation of an ordinance: “against the peace, government, and dignity of the State”.</text> </section>