HB 1344

                                           *HB1344.1*
                                                          January 22, 2026
          HOUSE BILL No. 1344
                _____
  DIGEST OF HB 1344 (Updated January 22, 2026 10:03 am - DI 151)
Citations Affected: IC 33-34; IC 33-37; IC 33-39.
Synopsis: Funding of prosecuting attorney operations. Establishes the
public prosecution fund and a prosecuting attorney compensation fee
(a court fee) of $10 for certain actions and $50 for certain actions
which will be deposited in the state general fund. Provides that a
county may be reimbursed for certain prosecutorial expenses from the
fund, unless the prosecuting attorney in the county is a noncompliant
prosecuting attorney. Requires the Indiana prosecuting attorney's
council to set standards for reimbursement.
Effective: July 1, 2026.
 Steuerwald, Jeter, Zimmerman,
            Bascom
   January 6, 2026, read first time and referred to Committee on Judiciary.
   January 22, 2026, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 126.3.
HB 1344—LS 6815/DI 151
                                                                             January 22, 2026
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1344
    A BILL FOR AN ACT to amend the Indiana Code concerning
 courts and court officers.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 33-34-8-1, AS AMENDED BY P.L.213-2025,
2 SECTION 301, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2026]: Sec. 1. (a) The following fees and costs
4 apply to cases in the small claims court:
5      (1) A township docket fee of five dollars ($5) plus forty-five
6      percent (45%) of the infraction or ordinance violation costs fee
7      under IC 33-37-4-2.
8      (2) The bailiff's service of process by registered or certified mail
9      fee of fifteen dollars ($15) for each service.
10      (3) The cost for the personal service of process by the bailiff or
11      other process server of fifteen dollars ($15) for each service.
12      (4) Witness fees, if any, in the amount provided by IC 33-37-10-3
13      to be taxed and charged in the circuit court.
14      (5) A redocketing fee, if any, of five dollars ($5).
15      (6) A document storage fee under IC 33-37-5-20.
16      (7) An automated record keeping fee under IC 33-37-5-21.
17      (8) A late fee, if any, under IC 33-37-5-22.
 HB 1344—LS 6815/DI 151
                                     2
1(9) A public defense administration fee under IC 33-37-5-21.2.
2(10) A judicial insurance adjustment fee under IC 33-37-5-25.
3(11) A judicial salaries fee under IC 33-37-5-26.
4(12) A court administration fee under IC 33-37-5-27.
5(13) A pro bono legal services fee under IC 33-37-5-31.
6(14) A sheriff's service of process fee under IC 33-37-5-15 for
7each service of process performed outside Marion County.
8(15) A small claims service fee of twenty-six dollars ($26) under
9IC 33-37-5-35.
10(16) A prosecuting attorney compensation fee under
11IC 33-37-5-37.
12 The township docket fee and the cost for the initial service of process
13 shall be paid at the institution of a case. The cost of service after the
14 initial service shall be assessed and paid after service has been made.
15 The cost of witness fees shall be paid before the witnesses are called.
16     (b) If the amount of the township docket fee computed under
17 subsection (a)(1) is not equal to a whole number, the amount shall be
18 rounded to the next highest whole number.
19     SECTION 2. IC 33-34-8-3, AS AMENDED BY P.L.213-2025,
20 SECTION 302, IS AMENDED TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2026]: Sec. 3. (a) Payment for all costs made as
22 a result of proceedings in a small claims court shall be to the _______
23 Township of Marion County Small Claims Court (with the name of the
24 township inserted). The court shall issue a receipt for all money
25 received on a form numbered serially in duplicate.
26     (b) The court shall distribute collected fees according the following:
27(1) Distribute semiannually to the state comptroller:
28(A) all automated record keeping fees (IC 33-37-5-21)
29received by the court for deposit in the homeowner protection
30unit account established by IC 4-6-12-9 and the state user fee
31fund established under IC 33-37-9;
32(B) all public defense administration fees collected by the
33court under IC 33-37-5-21.2 for deposit in the state general
34fund;
35(C) sixty percent (60%) of all court administration fees
36collected by the court under IC 33-37-5-27 for deposit in the
37state general fund;
38(D) all judicial insurance adjustment fees collected by the
39court under IC 33-37-5-25 for deposit in the state general fund;
40(E) seventy-five percent (75%) of all judicial salaries fees
41collected by the court under IC 33-37-5-26 for deposit in the
42state general fund; and
 HB 1344—LS 6815/DI 151
                                     3
1(F) one hundred percent (100%) of the pro bono legal services
2fees collected by the court under IC 33-37-5-31 for deposit in
3the pro bono legal services fund established by IC 33-37-5-34;
4and
5(G) all prosecuting attorney compensation fees collected by
6the court under IC 33-37-5-37 for deposit in the state
7general fund.
8(2) Distribute monthly to the county auditor all document storage
9fees received by the court. The county auditor shall deposit the
10document storage fees received under this subdivision into the
11clerk's record perpetuation fund under IC 33-37-5-2.
12(3) Distribute the following fees monthly to the county auditor for
13deposit in the small claims fund established under IC 33-37-5-36:
14(A) The remaining twenty-five percent (25%) of the judicial
15salaries fees described in subdivision (1)(E).
16(B) Township docket fees and late fees.
17(C) Small claims service fee received under IC 33-37-5-35.
18(D) The remaining forty percent (40%) of the court
19administration fees described under subdivision (1)(C).
20    SECTION 3. IC 33-37-4-1, AS AMENDED BY P.L.120-2023,
21 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2026]: Sec. 1. (a) For each action that results in a felony
23 conviction under IC 35-50-2 or a misdemeanor conviction under
24 IC 35-50-3, the clerk shall collect from the defendant a criminal costs
25 fee of one hundred twenty dollars ($120).
26    (b) In addition to the criminal costs fee collected under this section,
27 the clerk shall collect from the defendant the following fees if they are
28 required under IC 33-37-5:
29(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
30IC 33-37-5-4).
31(2) A marijuana eradication program fee (IC 33-37-5-7).
32(3) An alcohol and drug services program fee (IC 33-37-5-8(b)).
33(4) A law enforcement continuing education program fee
34(IC 33-37-5-8(c)).
35(5) A drug abuse, prosecution, interdiction, and correction fee
36(IC 33-37-5-9).
37(6) An alcohol and drug countermeasures fee (IC 33-37-5-10).
38(7) A child abuse prevention fee (IC 33-37-5-12).
39(8) A domestic violence prevention and treatment fee
40(IC 33-37-5-13).
41(9) A highway worksite fee (IC 33-37-5-14).
42(10) A deferred prosecution fee (IC 33-37-5-17).
 HB 1344—LS 6815/DI 151
                                      4
1(11) A document storage fee (IC 33-37-5-20).
2(12) An automated record keeping fee (IC 33-37-5-21).
3(13) A late payment fee (IC 33-37-5-22).
4(14) A sexual assault victims assistance fee (IC 33-37-5-23).
5(15) A public defense administration fee (IC 33-37-5-21.2).
6(16) A judicial insurance adjustment fee (IC 33-37-5-25).
7(17) A judicial salaries fee (IC 33-37-5-26).
8(18) A court administration fee (IC 33-37-5-27).
9(19) A DNA sample processing fee (IC 33-37-5-26.2).
10(20) A prosecuting attorney compensation fee (IC 33-37-5-37).
11     (c) Instead of the criminal costs fee prescribed by this section,
12 except for the automated record keeping fee (IC 33-37-5-21), the clerk
13 shall collect a pretrial diversion program fee if an agreement between
14 the prosecuting attorney and the accused person entered into under
15 IC 33-39-1-8 requires payment of those fees by the accused person.
16 The pretrial diversion program fee is:
17(1) an initial user's fee of fifty dollars ($50) for a misdemeanor
18offense;
19(2) an initial user's fee of seventy-five dollars ($75) for a felony
20offense;
21(3) a monthly user's fee of twenty dollars ($20) for each month
22that the person remains in the pretrial diversion program; and
23(4) any additional program fee or cost that is:
24(A) reasonably related to the person's rehabilitation; and
25(B) approved by the court.
26 A monthly user fee may not be collected beyond the maximum length
27 of the possible sentence.
28     (d) The clerk shall transfer to the county auditor or city or town
29 fiscal officer the following fees, not later than thirty (30) days after the
30 fees are collected:
31(1) The pretrial diversion fee.
32(2) The marijuana eradication program fee.
33(3) The alcohol and drug services program fee.
34(4) The law enforcement continuing education program fee.
35 The auditor or fiscal officer shall deposit fees transferred under this
36 subsection in the appropriate user fee fund established under
37 IC 33-37-8.
38     (e) Unless otherwise directed by a court, if a clerk collects only part
39 of a criminal costs fee from a defendant under this section, the clerk
40 shall distribute the partial payment of the criminal costs fee as follows:
41(1) The clerk shall apply the partial payment to general court
42costs.
 HB 1344—LS 6815/DI 151
                                     5
1(2) If there is money remaining after the partial payment is
2applied to general court costs under subdivision (1), the clerk
3shall distribute the remainder of the partial payment for deposit in
4the appropriate county user fee fund.
5(3) If there is money remaining after distribution under
6subdivision (2), the clerk shall distribute the remainder of the
7partial payment for deposit in the state user fee fund.
8(4) If there is money remaining after distribution under
9subdivision (3), the clerk shall distribute the remainder of the
10partial payment to any other applicable user fee fund.
11(5) If there is money remaining after distribution under
12subdivision (4), the clerk shall apply the remainder of the partial
13payment to any outstanding fines owed by the defendant.
14     SECTION 4. IC 33-37-4-2, AS AMENDED BY P.L.120-2023,
15 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2026]: Sec. 2. (a) Except as provided in subsections (d) and
17 (e), for each action that results in a judgment:
18(1) for a violation constituting an infraction; or
19(2) for a violation of an ordinance of a municipal corporation (as
20defined in IC 36-1-2-10);
21 the clerk shall collect from the defendant an infraction or ordinance
22 violation costs fee of seventy dollars ($70).
23     (b) In addition to the infraction or ordinance violation costs fee
24 collected under this section, the clerk shall collect from the defendant
25 the following fees, if they are required under IC 33-37-5:
26(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
27IC 33-37-5-4).
28(2) An alcohol and drug services program fee (IC 33-37-5-8(b)).
29(3) A law enforcement continuing education program fee
30(IC 33-37-5-8(c)).
31(4) An alcohol and drug countermeasures fee (IC 33-37-5-10).
32(5) A highway worksite fee (IC 33-37-5-14).
33(6) A deferred prosecution fee (IC 33-37-5-17).
34(7) A jury fee (IC 33-37-5-19).
35(8) A document storage fee (IC 33-37-5-20).
36(9) An automated record keeping fee (IC 33-37-5-21).
37(10) A late payment fee (IC 33-37-5-22).
38(11) A public defense administration fee (IC 33-37-5-21.2).
39(12) A judicial insurance adjustment fee (IC 33-37-5-25).
40(13) A judicial salaries fee (IC 33-37-5-26).
41(14) A court administration fee (IC 33-37-5-27).
42(15) A DNA sample processing fee (IC 33-37-5-26.2).
 HB 1344—LS 6815/DI 151
                                     6
1(16) A prosecuting attorney compensation fee (IC 33-37-5-37).
2     (c) The clerk shall transfer to the county auditor or fiscal officer of
3 the municipal corporation the following fees, not later than thirty (30)
4 days after the fees are collected:
5(1) The alcohol and drug services program fee (IC 33-37-5-8(b)).
6(2) The law enforcement continuing education program fee
7(IC 33-37-5-8(c)).
8(3) The deferral program fee (subsection (e)).
9 The auditor or fiscal officer shall deposit the fees in the user fee fund
10 established under IC 33-37-8.
11     (d) The defendant is not liable for any ordinance violation costs fee
12 in an action if all the following apply:
13(1) The defendant was charged with an ordinance violation
14subject to IC 33-36.
15(2) The defendant denied the violation under IC 33-36-3.
16(3) Proceedings in court against the defendant were initiated
17under IC 34-28-5 (or IC 34-4-32 before its repeal).
18(4) The defendant was tried and the court entered judgment for
19the defendant for the violation.
20     (e) Instead of the infraction or ordinance violation costs fee
21 prescribed by subsection (a), except for the automated record keeping
22 fee (IC 33-37-5-21), the clerk shall collect a deferral program fee if an
23 agreement between a prosecuting attorney or an attorney for a
24 municipal corporation and the person charged with a violation entered
25 into under IC 34-28-5-1 (or IC 34-4-32-1 before its repeal) requires
26 payment of those fees by the person charged with the violation. The
27 deferral program fee is:
28(1) an initial user's fee not to exceed fifty-two dollars ($52); and
29(2) a monthly user's fee not to exceed ten dollars ($10) for each
30month the person remains in the deferral program.
31     (f) The fees prescribed by this section are costs for purposes of
32 IC 34-28-5-5 and may be collected from a defendant against whom
33 judgment is entered. Any penalty assessed is in addition to costs.
34     SECTION 5. IC 33-37-4-3, AS AMENDED BY P.L.85-2017,
35 SECTION 110, IS AMENDED TO READ AS FOLLOWS
36 [EFFECTIVE JULY 1, 2026]: Sec. 3. (a) The clerk shall collect a
37 juvenile costs fee of one hundred twenty dollars ($120) for each action
38 filed under any of the following:
39(1) IC 31-34 (children in need of services).
40(2) IC 31-37 (delinquent children).
41(3) IC 31-14 (paternity).
42     (b) In addition to the juvenile costs fee collected under this section,
 HB 1344—LS 6815/DI 151
                                      7
1 the clerk shall collect the following fees, if they are required under
2 IC 33-37-5:
3(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
4IC 33-37-5-4).
5(2) A marijuana eradication program fee (IC 33-37-5-7).
6(3) An alcohol and drug services program fee (IC 33-37-5-8(b)).
7(4) A law enforcement continuing education program fee
8(IC 33-37-5-8(c)).
9(5) An alcohol and drug countermeasures fee (IC 33-37-5-10).
10(6) A document storage fee (IC 33-37-5-20).
11(7) An automated record keeping fee (IC 33-37-5-21).
12(8) A late payment fee (IC 33-37-5-22).
13(9) A public defense administration fee (IC 33-37-5-21.2).
14(10) A judicial insurance adjustment fee (IC 33-37-5-25).
15(11) A judicial salaries fee (IC 33-37-5-26).
16(12) A court administration fee (IC 33-37-5-27).
17(13) A DNA sample processing fee (IC 33-37-5-26.2).
18(14) A prosecuting attorney compensation fee (IC 33-37-5-37).
19     (c) The clerk shall transfer to the county auditor or city or town
20 fiscal officer the following fees not later than thirty (30) days after they
21 are collected:
22(1) The marijuana eradication program fee (IC 33-37-5-7).
23(2) The alcohol and drug services program fee (IC 33-37-5-8(b)).
24(3) The law enforcement continuing education program fee
25(IC 33-37-5-8(c)).
26 The auditor or fiscal officer shall deposit the fees in the appropriate
27 user fee fund established under IC 33-37-8.
28     SECTION 6. IC 33-37-4-4, AS AMENDED BY P.L.106-2025,
29 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2026]: Sec. 4. (a) The clerk shall collect a civil costs fee of
31 one hundred dollars ($100) from a party filing a civil action. This
32 subsection does not apply to the following civil actions:
33(1) Proceedings to enforce a statute defining an infraction under
34IC 34-28-5 (or IC 34-4-32 before its repeal).
35(2) Proceedings to enforce an ordinance under IC 34-28-5 (or
36IC 34-4-32 before its repeal).
37(3) Proceedings in juvenile court under IC 31-34 or IC 31-37.
38(4) Proceedings in paternity under IC 31-14.
39(5) Proceedings in small claims court under IC 33-34.
40(6) Proceedings in actions described in section 7 of this chapter.
41     (b) In addition to the civil costs fee collected under this section, the
42 clerk shall collect the following fees, if they are required under
 HB 1344—LS 6815/DI 151
                                    8
1 IC 33-37-5:
2      (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
3      IC 33-37-5-4).
4      (2) A support and maintenance fee (IC 33-37-5-6).
5      (3) A document storage fee (IC 33-37-5-20).
6      (4) An automated record keeping fee (IC 33-37-5-21).
7      (5) A public defense administration fee (IC 33-37-5-21.2).
8      (6) A judicial insurance adjustment fee (IC 33-37-5-25).
9      (7) A judicial salaries fee (IC 33-37-5-26).
10      (8) A court administration fee (IC 33-37-5-27).
11      (9) A service fee (IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2)).
12      (10) A garnishee service fee (IC 33-37-5-28(b)(3) or
13      IC 33-37-5-28(b)(4)).
14      (11) For a mortgage foreclosure action, a mortgage foreclosure
15      counseling and education fee (IC 33-37-5-33) (before its
16      expiration on July 1, 2017).
17      (12) A pro bono legal services fee (IC 33-37-5-31).
18      (13) A jury fee (IC 33-37-5-19.5).
19      (14) A prosecuting attorney compensation fee (IC 33-37-5-37).
20    SECTION 7. IC 33-37-4-6, AS AMENDED BY P.L.106-2025,
21 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2026]: Sec. 6. (a) For each small claims action, the clerk shall
23 collect the following fees:
24      (1) From the party filing the action:
25(A) a small claims costs fee of thirty-five dollars ($35);
26(B) a small claims service fee of ten dollars ($10) for each
27named defendant that is not a garnishee defendant; and
28(C) if the party has named more than three (3) garnishees or
29garnishee defendants, a small claims garnishee service fee of
30ten dollars ($10) for each garnishee or garnishee defendant in
31excess of three (3).
32      (2) From any party adding a defendant that is not a garnishee
33      defendant, a small claims service fee of ten dollars ($10) for each
34      defendant that is not a garnishee defendant added in the action.
35      (3) From any party adding a garnishee or garnishee defendant, a
36      small claims garnishee service fee of ten dollars ($10) for each
37      garnishee or garnishee defendant added to the action. However,
38      a clerk may not collect a small claims garnishee service fee for the
39      first three (3) garnishees named in the action.
40 However, a clerk may not collect a small claims costs fee, small claims
41 service fee, or small claims garnishee service fee for a small claims
42 action filed by or on behalf of the attorney general.
 HB 1344—LS 6815/DI 151
                                     9
1     (b) A clerk may not collect a fee under subsection (a)(1)(B),
2 (a)(1)(C), (a)(2), or (a)(3) for a small claims action filed through the
3 Indiana electronic filing system adopted by the Indiana supreme court.
4     (c) In addition to a small claims costs fee, small claims service fee,
5 and small claims garnishee service fee collected under this section, the
6 clerk shall collect the following fees, if they are required under
7 IC 33-37-5:
8(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
9IC 33-37-5-4).
10(2) A document storage fee (IC 33-37-5-20).
11(3) An automated record keeping fee (IC 33-37-5-21).
12(4) A public defense administration fee (IC 33-37-5-21.2).
13(5) A judicial insurance adjustment fee (IC 33-37-5-25).
14(6) A judicial salaries fee (IC 33-37-5-26).
15(7) A court administration fee (IC 33-37-5-27).
16(8) A pro bono legal services fee (IC 33-37-5-31).
17(9) A prosecuting attorney compensation fee (IC 33-37-5-37).
18     SECTION 8. IC 33-37-4-7, AS AMENDED BY P.L.106-2025,
19 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2026]: Sec. 7. (a) Except as provided under subsection (c), the
21 clerk shall collect from the party filing the action a probate costs fee of
22 one hundred twenty dollars ($120) for each action filed under any of
23 the following:
24(1) IC 29 (probate).
25(2) IC 30 (trusts and fiduciaries).
26     (b) In addition to the probate costs fee collected under subsection
27 (a), the clerk shall collect from the party filing the action the following
28 fees, if they are required under IC 33-37-5:
29(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
30IC 33-37-5-4).
31(2) A document storage fee (IC 33-37-5-20).
32(3) An automated record keeping fee (IC 33-37-5-21).
33(4) A public defense administration fee (IC 33-37-5-21.2).
34(5) A judicial insurance adjustment fee (IC 33-37-5-25).
35(6) A judicial salaries fee (IC 33-37-5-26).
36(7) A court administration fee (IC 33-37-5-27).
37(8) A pro bono legal services fee (IC 33-37-5-31).
38(9) A prosecuting attorney compensation fee (IC 33-37-5-37).
39     (c) A clerk may not collect a court costs fee for the filing of the
40 following exempted actions:
41(1) Petition to open a safety deposit box.
42(2) Filing an inheritance tax return, unless proceedings other than
 HB 1344—LS 6815/DI 151
                                    10
1the court's approval of the return become necessary.
2(3) Offering a will for probate under IC 29-1-7, unless
3proceedings other than admitting the will to probate become
4necessary.
5(4) Filing a closing statement for an estate described in
6IC 29-1-8-4.
7     SECTION 9. IC 33-37-5-37 IS ADDED TO THE INDIANA CODE
8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
9 1, 2026]: Sec. 37. (a) This section does not apply to a proceeding
10 involving a child alleged to be a delinquent child.
11     (b) This subsection does not apply to the following:
12(1) A criminal proceeding.
13(2) A proceeding to enforce a statute defining an infraction.
14(3) A proceeding for an ordinance violation.
15 In each action filed in a court described in IC 33-37-1-1 and in each
16 small claims action in a court described in IC 33-34, the clerk shall
17 collect a prosecuting attorney compensation fee of ten dollars
18 ($10).
19     (c) In each action in which a person is:
20(1) convicted of an offense;
21(2) required to pay a pretrial diversion fee; or
22(3) required to pay a deferral fee;
23 the clerk shall collect a prosecuting attorney compensation fee of
24 fifty dollars ($50).
25     SECTION 10. IC 33-37-7-2, AS AMENDED BY P.L.106-2025,
26 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2026]: Sec. 2. (a) The clerk of a circuit court shall distribute
28 semiannually to the state comptroller as the state share for deposit in
29 the homeowner protection unit account established by IC 4-6-12-9 one
30 hundred percent (100%) of the automated record keeping fees collected
31 under IC 33-37-5-21 with respect to actions resulting in the accused
32 person entering into a pretrial diversion program agreement under
33 IC 33-39-1-8 or a deferral program agreement under IC 34-28-5-1 and
34 for deposit in the state general fund seventy percent (70%) of the
35 amount of fees collected under the following:
36(1) IC 33-37-4-1(a) (criminal costs fees).
37(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
38(3) IC 33-37-4-3(a) (juvenile costs fees).
39(4) IC 33-37-4-4(a) (civil costs fees).
40(5) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
41(6) IC 33-37-4-7(a) (probate costs fees).
42(7) IC 33-37-5-17 (deferred prosecution fees).
 HB 1344—LS 6815/DI 151
                                    11
1    (b) The clerk of a circuit court shall distribute semiannually to the
2 state comptroller for deposit in the state user fee fund established in
3 IC 33-37-9-2 the following:
4(1) Twenty-five percent (25%) of the drug abuse, prosecution,
5interdiction, and correction fees collected under
6IC 33-37-4-1(b)(5).
7(2) Twenty-five percent (25%) of the alcohol and drug
8countermeasures fees collected under IC 33-37-4-1(b)(6),
9IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
10(3) One hundred percent (100%) of the child abuse prevention
11fees collected under IC 33-37-4-1(b)(7).
12(4) One hundred percent (100%) of the domestic violence
13prevention and treatment fees collected under IC 33-37-4-1(b)(8).
14(5) One hundred percent (100%) of the highway worksite fees
15collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
16(6) Seventy-five percent (75%) of the safe schools fee collected
17under IC 33-37-5-18.
18(7) One hundred percent (100%) of the automated record keeping
19fee collected under IC 33-37-5-21 not distributed under
20subsection (a).
21    (c) The clerk of a circuit court shall distribute monthly to the county
22 auditor the following:
23(1) Seventy-five percent (75%) of the drug abuse, prosecution,
24interdiction, and correction fees collected under
25IC 33-37-4-1(b)(5).
26(2) Seventy-five percent (75%) of the alcohol and drug
27countermeasures fees collected under IC 33-37-4-1(b)(6),
28IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
29 The county auditor shall deposit fees distributed by a clerk under this
30 subsection into the county drug free community fund established under
31 IC 5-2-11.
32    (d) The clerk of a circuit court shall distribute monthly to the county
33 auditor one hundred percent (100%) of the late payment fees collected
34 under IC 33-37-5-22. The county auditor shall deposit fees distributed
35 by a clerk under this subsection as follows:
36(1) If directed to do so by an ordinance adopted by the county
37fiscal body, the county auditor shall deposit forty percent (40%)
38of the fees in the clerk's record perpetuation fund established
39under IC 33-37-5-2 and sixty percent (60%) of the fees in the
40county general fund.
41(2) If the county fiscal body has not adopted an ordinance
42described in subdivision (1), the county auditor shall deposit all
 HB 1344—LS 6815/DI 151
                                    12
1the fees in the county general fund.
2    (e) The clerk of the circuit court shall distribute semiannually to the
3 state comptroller for deposit in the sexual assault victims assistance
4 fund established by IC 5-2-6-23(d) one hundred percent (100%) of the
5 sexual assault victims assistance fees collected under IC 33-37-5-23.
6    (f) The clerk of a circuit court shall distribute monthly to the county
7 auditor the following:
8(1) One hundred percent (100%) of the support and maintenance
9fees for cases designated as non-Title IV-D child support cases in
10the Indiana support enforcement tracking system (ISETS) or the
11successor statewide automated support enforcement system
12collected under IC 33-37-5-6.
13(2) The percentage share of the support and maintenance fees for
14cases designated as Title IV-D child support cases in ISETS or the
15successor statewide automated support enforcement system
16collected under IC 33-37-5-6 that is reimbursable to the county at
17the federal financial participation rate.
18 The county clerk shall distribute monthly to the department of child
19 services the percentage share of the support and maintenance fees for
20 cases designated as Title IV-D child support cases in ISETS, or the
21 successor statewide automated support enforcement system, collected
22 under IC 33-37-5-6 that is not reimbursable to the county at the
23 applicable federal financial participation rate.
24    (g) The clerk of a circuit court shall distribute monthly to the county
25 auditor the following:
26(1) One hundred percent (100%) of the small claims service fee
27under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2) for deposit in
28the county general fund.
29(2) One hundred percent (100%) of the small claims garnishee
30service fee under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3) for
31deposit in the county general fund.
32(3) Twenty-five percent (25%) of the safe schools fee collected
33under IC 33-37-5-18 for deposit in the county general fund.
34    (h) This subsection does not apply to court administration fees
35 collected in small claims actions filed in a court described in IC 33-34.
36 The clerk of a circuit court shall semiannually distribute to the state
37 comptroller for deposit in the state general fund one hundred percent
38 (100%) of the following:
39(1) The public defense administration fee collected under
40IC 33-37-5-21.2.
41(2) The judicial salaries fees collected under IC 33-37-5-26.
42(3) The DNA sample processing fees collected under
 HB 1344—LS 6815/DI 151
                                    13
1IC 33-37-5-26.2.
2(4) The court administration fees collected under IC 33-37-5-27.
3(5) The judicial insurance adjustment fee collected under
4IC 33-37-5-25.
5(6) The prosecuting attorney compensation fee collected under
6IC 33-37-5-37.
7     (i) The proceeds of the service fee collected under
8 IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed as
9 follows:
10(1) The clerk shall distribute one hundred percent (100%) of the
11service fees collected in a circuit, superior, county, or probate
12court to the county auditor for deposit in the county general fund.
13(2) The clerk shall distribute one hundred percent (100%) of the
14service fees collected in a city or town court to the city or town
15fiscal officer for deposit in the city or town general fund.
16     (j) The proceeds of the garnishee service fee collected under
17 IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as
18 follows:
19(1) The clerk shall distribute one hundred percent (100%) of the
20garnishee service fees collected in a circuit, superior, county, or
21probate court to the county auditor for deposit in the county
22general fund.
23(2) The clerk shall distribute one hundred percent (100%) of the
24garnishee service fees collected in a city or town court to the city
25or town fiscal officer for deposit in the city or town general fund.
26     (k) The clerk of the circuit court shall distribute semiannually to the
27 state comptroller for deposit in the home ownership education account
28 established by IC 5-20-1-27 one hundred percent (100%) of the
29 following:
30(1) The mortgage foreclosure counseling and education fees
31collected under IC 33-37-5-33 (before its expiration on July 1,
322017).
33(2) Any civil penalties imposed and collected by a court for a
34violation of a court order in a foreclosure action under
35IC 32-30-10.5.
36     (l) The clerk of a circuit court shall distribute semiannually to the
37 state comptroller for deposit in the pro bono legal services fund
38 established by IC 33-37-5-34 one hundred percent (100%) of the pro
39 bono legal services fees collected under IC 33-37-5-31.
40     SECTION 11. IC 33-37-7-8, AS AMENDED BY P.L.106-2025,
41 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2026]: Sec. 8. (a) The clerk of a city or town court shall
 HB 1344—LS 6815/DI 151
                                    14
1 distribute semiannually to the state comptroller as the state share for
2 deposit in the homeowner protection unit account established by
3 IC 4-6-12-9 one hundred percent (100%) of the automated record
4 keeping fees collected under IC 33-37-5-21 with respect to actions
5 resulting in the accused person entering into a pretrial diversion
6 program agreement under IC 33-39-1-8 or a deferral program
7 agreement under IC 34-28-5-1 and for deposit in the state general fund
8 fifty-five percent (55%) of the amount of fees collected under the
9 following:
10(1) IC 33-37-4-1(a) (criminal costs fees).
11(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
12(3) IC 33-37-4-4(a) (civil costs fees).
13(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
14(5) IC 33-37-5-17 (deferred prosecution fees).
15     (b) The city or town fiscal officer shall distribute monthly to the
16 county auditor as the county share twenty percent (20%) of the amount
17 of fees collected under the following:
18(1) IC 33-37-4-1(a) (criminal costs fees).
19(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
20(3) IC 33-37-4-4(a) (civil costs fees).
21(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
22(5) IC 33-37-5-17 (deferred prosecution fees).
23     (c) The city or town fiscal officer shall retain twenty-five percent
24 (25%) as the city or town share of the fees collected under the
25 following:
26(1) IC 33-37-4-1(a) (criminal costs fees).
27(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
28(3) IC 33-37-4-4(a) (civil costs fees).
29(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
30(5) IC 33-37-5-17 (deferred prosecution fees).
31     (d) The clerk of a city or town court shall distribute semiannually to
32 the state comptroller for deposit in the state user fee fund established
33 in IC 33-37-9 the following:
34(1) Twenty-five percent (25%) of the drug abuse, prosecution,
35interdiction, and correction fees collected under
36IC 33-37-4-1(b)(5).
37(2) Twenty-five percent (25%) of the alcohol and drug
38countermeasures fees collected under IC 33-37-4-1(b)(6),
39IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
40(3) One hundred percent (100%) of the highway worksite fees
41collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
42(4) Seventy-five percent (75%) of the safe schools fee collected
 HB 1344—LS 6815/DI 151
                                    15
1under IC 33-37-5-18.
2(5) One hundred percent (100%) of the automated record keeping
3fee collected under IC 33-37-5-21 not distributed under
4subsection (a).
5    (e) The clerk of a city or town court shall distribute monthly to the
6 county auditor the following:
7(1) Seventy-five percent (75%) of the drug abuse, prosecution,
8interdiction, and correction fees collected under
9IC 33-37-4-1(b)(5).
10(2) Seventy-five percent (75%) of the alcohol and drug
11countermeasures fees collected under IC 33-37-4-1(b)(6),
12IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
13 The county auditor shall deposit fees distributed by a clerk under this
14 subsection into the county drug free community fund established under
15 IC 5-2-11.
16    (f) The clerk of a city or town court shall distribute monthly to the
17 city or town fiscal officer (as defined in IC 36-1-2-7) one hundred
18 percent (100%) of the following:
19(1) The late payment fees collected under IC 33-37-5-22.
20(2) The small claims service fee collected under
21IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2).
22(3) The small claims garnishee service fee collected under
23IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3).
24(4) Twenty-five percent (25%) of the safe schools fee collected
25under IC 33-37-5-18.
26 The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit
27 fees distributed by a clerk under this subsection in the city or town
28 general fund.
29    (g) The clerk of a city or town court shall semiannually distribute to
30 the state comptroller for deposit in the state general fund one hundred
31 percent (100%) of the following:
32(1) The public defense administration fee collected under
33IC 33-37-5-21.2.
34(2) The DNA sample processing fees collected under
35IC 33-37-5-26.2.
36(3) The court administration fees collected under IC 33-37-5-27.
37(4) The judicial insurance adjustment fee collected under
38IC 33-37-5-25.
39(5) The prosecuting attorney compensation fee collected under
40IC 33-37-5-37.
41    (h) The clerk of a city or town court shall semiannually distribute to
42 the state comptroller for deposit in the state general fund seventy-five
 HB 1344—LS 6815/DI 151
                                    16
1 percent (75%) of the judicial salaries fee collected under
2 IC 33-37-5-26. The city or town fiscal officer shall retain twenty-five
3 percent (25%) of the judicial salaries fee collected under
4 IC 33-37-5-26. The funds retained by the city or town shall be
5 prioritized to fund city or town court operations.
6    (i) The clerk of a city or town court shall distribute semiannually to
7 the state comptroller for deposit in the pro bono legal services fund
8 established by IC 33-37-5-34 one hundred percent (100%) of the pro
9 bono legal services fees collected under IC 33-37-5-31.
10    SECTION 12. IC 33-39-8-5, AS AMENDED BY P.L.55-2022,
11 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2026]: Sec. 5. The council shall do the following:
13(1) Assist in the coordination of the duties of the prosecuting
14attorneys of the state and their staffs.
15(2) Prepare manuals of procedure.
16(3) Give assistance in preparation of the trial briefs, forms, and
17instructions.
18(4) Conduct training for prosecuting attorneys and the staff of
19prosecuting attorneys.
20(5) Conduct research and studies that would be of interest and
21value to all prosecuting attorneys and their staffs.
22(6) Maintain liaison contact with study commissions and agencies
23of all branches of local, state, and federal government that will be
24of benefit to law enforcement and the fair administration of
25justice in Indiana.
26(7) Adopt guidelines and standards for services under which
27the counties will be eligible for reimbursement under
28IC 33-39-11.
29(7) (8) Adopt guidelines for the expenditure of funds derived from
30a deferral program or a pretrial diversion program.
31(8) (9) The council shall:
32(A) compile forfeiture data received under IC 34-24-1-4.5; and
33(B) annually submit a report to the legislative council
34containing the compiled data.
35 The council shall submit the report to the legislative council before
36 July 15 of every year. The report must be in an electronic format under
37 IC 5-14-6. The council may adopt rules under IC 4-22-2 to implement
38 this subdivision.
39    SECTION 13. IC 33-39-8.1-9, AS ADDED BY P.L.147-2025,
40 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2026]: Sec. 9. (a) If the board determines that a prosecuting
42 attorney is a noncompliant prosecuting attorney, the board shall issue
 HB 1344—LS 6815/DI 151
                                  17
1 a report to:
2(1) the prosecuting attorneys council of Indiana; and
3(2) the alleged noncompliant prosecuting attorney.
4    (b) Upon receipt of a report that a prosecuting attorney is a
5 noncompliant prosecuting attorney, the board may notify the state
6 comptroller.
7    SECTION 14. IC 33-39-11 IS ADDED TO THE INDIANA CODE
8 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2026]:
10    Chapter 11. Public Prosecution Fund
11    Sec. 1. As used in this chapter, "council" means the prosecuting
12 attorneys council of Indiana established by IC 33-39-8-2.
13    Sec. 2. The public prosecution fund is established to provide
14 county reimbursement of compensation paid to deputy prosecuting
15 attorneys and administrative expenses. The fund shall be
16 administered by the council.
17    Sec. 3. The fund consists of money appropriated to the fund by
18 the general assembly.
19    Sec. 4. The treasurer of state shall invest the money in the fund
20 not currently needed to meet the obligations of the fund in the same
21 manner as other public funds may be invested.
22    Sec. 5. Money in the fund at the end of a state fiscal year does
23 not revert to the state general fund.
24    Sec. 6. (a) A county auditor may submit on a quarterly basis a
25 certified request to the state comptroller for reimbursement from
26 the public prosecution fund for salary paid to a deputy prosecuting
27 attorney, other than a chief deputy prosecuting attorney or an
28 elected prosecuting attorney, if the annual salary of the deputy
29 prosecuting attorney is equal to at least fifty-five percent (55%) of
30 the salary paid to the elected full-time prosecuting attorney. The
31 county auditor may request reimbursement under this subsection
32 in an amount that does not exceed twenty-seven and one-half
33 percent (27.5%) of the salary paid to the elected full-time
34 prosecuting attorney.
35    (b) A county auditor may submit on a quarterly basis a certified
36 request to the state comptroller for reimbursement from the public
37 prosecution fund for the county's expenditures for fringe benefits
38 provided to a deputy prosecuting attorney, other than a chief
39 deputy prosecuting attorney or an elected prosecuting attorney, if
40 the annual salary of the deputy prosecuting attorney is equal to at
41 least fifty-five percent (55%) of the salary paid to the elected
42 full-time prosecuting attorney. However, a request for
 HB 1344—LS 6815/DI 151
                                 18
1 reimbursement for fringe benefits under this subsection may not
2 exceed fifteen thousand one hundred forty dollars ($15,140).
3    Sec. 7. (a) Except as provided in subsection (b), upon receiving
4 certification from a county auditor, the state comptroller shall
5 issue a warrant to the treasurer of state for disbursement to the
6 county of the amount certified.
7    (b) If the state comptroller has received instruction from the
8 council under IC 33-39-8.1-9 to withhold payment from the county
9 because the prosecuting attorney is a noncompliant prosecuting
10 attorney, the state comptroller shall not issue a warrant under
11 subsection (a).
 HB 1344—LS 6815/DI 151
                              19
                   COMMITTEE REPORT
Mr. Speaker: Your Committee on Judiciary, to which was referred
House Bill 1344, has had the same under consideration and begs leave
to report the same back to the House with the recommendation that said
bill be amended as follows:
Page 10, line 17, delete "forty" and insert "ten".
Page 10, line 18, delete "($40)." and insert "($10).".
Page 10, line 21, after "fee;" insert "or".
Page 10, line 22, delete "found to have committed an infraction; or"
and insert "required to pay a deferral fee;".
Page 10, delete line 23.
Page 10, line 24, after "of" insert "fifty dollars ($50).".
Page 10, delete line 25.
and when so amended that said bill do pass.
   (Reference is to HB 1344 as introduced.)
                                                            JETER
Committee Vote: yeas 11, nays 0.
HB 1344—LS 6815/DI 151