CHAPTER 962

COSTS, FEES AND EXPENSES
IN CRIMINAL PROCEEDINGS OR PROSECUTIONS

Table of Contents

Sec. 54-143. Costs imposed in prosecutions.

Sec. 54-143a. Cost imposed for infractions and certain motor vehicle violations.

Sec. 54-143b. Forfeited bonds for motor vehicle violations.

Sec. 54-143c. Additional fine for sexual assault offenses.

Sec. 54-144. Payment of expenses.

Secs. 54-145 and 54-146. Refunds to clerk of municipal court or to town treasurer. Report to clerk or town treasurer.

Sec. 54-147. Rules for payment of expenses. Waiver of fee or cost.

Sec. 54-148. Support of prisoners after sentence.

Sec. 54-149. Payment for board of prisoners.

Sec. 54-150. Compensation of physicians.

Sec. 54-151. Cost of transcript and printing on appeal.

Sec. 54-152. Allowance to witnesses from another state in criminal prosecutions.

Sec. 54-153. Where witnesses for accused paid by state.

Sec. 54-154. Taxing expenses in search and seizure cases.

Sec. 54-155. Expenses of requisitions of fugitives.


Sec. 54-143. Costs imposed in prosecutions. (a) A cost of twenty dollars shall be imposed against any person convicted of a felony, and a cost of fifteen dollars shall be imposed against any person convicted of a misdemeanor or convicted under sections 14-219, 14-222, 14-224, 14-225 and 14-227a, or who pleads nolo contendere to a violation of section 14-219 and pays the fine by mail, and the taxation of costs or the collection of fees and expenses as provided by law may be imposed on appeal to the Supreme Court or Appellate Court.

(b) A cost of fifteen dollars shall be imposed against any person not a resident of this state who is summoned for allegedly having committed an infraction or a violation under section 14-219 and forfeits a cash bond or guaranteed bail bond certificate posted under section 14-140a or under reciprocal agreements made with other states. Such cost shall be included in the amount of such bond.

(c) Under no condition shall a political subdivision be held liable for the payment of any cost imposed under this section. The words “felony” and “misdemeanor” as used in this section do not include infractions or violations of any state or local housing code or violation of the regulations of the Department of Energy and Environmental Protection.

(1949 Rev., S. 8842; P.A. 76-336, S. 9; P.A. 78-261, S. 15, 17; P.A. 79-505, S. 4, 7; P.A. 80-276, S. 3, 6; 80-390, S. 4, 5; 80-483, S. 181, 186; P.A. 81-23, S. 2; June Sp. Sess. P.A. 83-29, S. 55, 82; P.A. 84-313, S. 3; P.A. 11-80, S. 1.)

History: P.A. 76-336 deleted provision which had specified that section does not act to prevent dismissal of complaint or information or entry of nolle prosequi upon payment of sum fixed by court and rephrased provision re taxation of costs and collection of fees and expenses upon appeal to supreme court; P.A. 78-261 imposed $10 cost imposed against persons convicted of crime or convicted under specified sections in title 14, replacing provision which prohibited imposition of prosecution costs except on appeals to supreme court, and added Subsec. (b) protecting political subdivisions from liability for costs and specifying that crime does not include infractions or violations of housing codes or violation of environmental protection department regulations; P.A. 79-505 added reference to Sec. 14-219 in Subsec. (a); P.A. 80-276 applied Subsec. (a) to persons who plead nolo contendere to violation of Sec. 14-219 and pays fine by mail, inserted new Subsec. (b) re $10 cost imposed against nonresidents and relettered Subsec. (c) accordingly; P.A. 80-390 replaced $10 cost in Subsec. (a) with $20 cost for felony conviction and $15 cost for other convictions and applied provision to persons convicted of misdemeanors; P.A. 80-483 raised cost imposed in Subsec. (b) from $10 to $15 and amended Subsec. (c) to refer to “felony” and “misdemeanor” rather than to crime; P.A. 81-23 amended Subsec. (b) to include violations under Sec. 14-219 and forfeitures of bond required under reciprocal agreements with other states; June Sp. Sess. P.A. 83-29 included reference to appellate court in Subsec. (a); P.A. 84-313 amended Subsec. (b) to replace “required to be posted under section 51-164o” with “posted under section 14-140a”; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection” in Subsec. (c), effective July 1, 2011.

See Sec. 54-143a re costs imposed against persons convicted of certain motor vehicle violations.

Annotations to former statute requiring the convicted person to pay costs: Town not liable for support of prisoner legally committed to jail. 5 C. 185; 7 C. 529. Payment of costs part of punishment. 16 C. 50. Assumpsit will not lie for recovery of officer’s fees. 46 C. 498. Costs not taxable in favor of accused who prevails on appeal to supreme court. 82 C. 392. Cited. 127 C. 58.

Cited. 34 CS 275.

Sec. 54-143a. Cost imposed for infractions and certain motor vehicle violations. A cost of twenty dollars shall be imposed against any person convicted of a violation, as defined in section 53a-27, under any provision of section 12-487 or sections 13b-410a to 13b-410c, inclusive; any regulation adopted in accordance with the provisions of section 12-484, 12-487 or 13b-410; or a violation of section 14-147, 14-219, 14-266, 14-267a, 14-269 or 14-270, chapter 268 or subsection (a) of section 22a-250, or any section of the general statutes the violation of which is deemed an infraction, or who forfeits a cash bond or guaranteed bail bond certificate posted under section 14-140a or under reciprocal agreements made with other states for the alleged violation of any of said sections, or who pleads nolo contendere to a violation of any of said sections and pays the fine by mail; except that such cost shall be thirty-five dollars for a violation of any section of the general statutes the violation of which is deemed an infraction and carries a fine of thirty-five dollars or more. The costs imposed by this section shall be deposited in the General Fund and shall be in addition to any costs imposed by section 54-143.

(P.A. 81-63, S. 1, 2; P.A. 84-313, S. 4; 84-429, S. 77; P.A. 90-213, S. 6; May Sp. Sess. P.A. 92-6, S. 83, 117; P.A. 93-307, S. 28, 34; June 30 Sp. Sess. P.A. 03-1, S. 104; June 30 Sp. Sess. P.A. 03-6, S. 165.)

History: P.A. 84-313 added provision to impose the cost against a person who forfeits a cash bond or guaranteed bail bond certificate or under reciprocal agreements with other states; P.A. 84-429 made technical changes for statutory consistency; P.A. 90-213 increased the cost from $10 to $20 and expanded applicability of section by imposing cost against any person convicted under Sec. 14-219 and replacing provision imposing cost against any person convicted under Sec. 14-36, 14-80, 14-80b, 14-80h or 14-80i, Secs. 14-96a to 14-96cc, inclusive, or Sec. 14-99f, 14-217, 14-218a, 14-230, 14-251 or 14-299 with provision imposing cost against any person convicted of “any section of the general statutes the violation of which is deemed an infraction”; May Sp. Sess. P.A. 92-6 added violations under Secs. 12-487, 13b-404, 13b-404a, 13b-405, 14-147, 14-219, 14-266, 14-267a, 14-269 or 14-270, chapter 268 or Sec. 22a-250(a) or under regulations adopted pursuant to Secs. 12-484, 12-487 and 13b-410; P.A. 93-307 amended the section by deleting references to Secs. 13b-404, 13b-404a and 13b-405 which were repealed by the same act, substituting references to Secs. 13b-410a to 13b-410c, inclusive, effective June 29, 1993; June 30 Sp. Sess. P.A. 03-1 added provision re cost of $35 for infraction if fine is $35 as provided by statute or if fine is established by Superior Court judges pursuant to Sec. 51-164m; June 30 Sp. Sess. P.A. 03-6 replaced provision re cost of $35 for infraction if fine is $35 as provided by statute or if fine is established by Superior Court judges pursuant to Sec. 51-164m with provision re cost of $35 for violation of statute which is deemed an infraction and carries a fine of $35 or more.

Sec. 54-143b. Forfeited bonds for motor vehicle violations. The total amount of any forfeited bond for a motor vehicle violation, when such bond is composed in part of an additional fee established under subsection (c) or (d) of section 51-56a, any cost established under subsection (b) of section 54-143 or any cost established under section 54-143a, shall be deposited in the General Fund as one undifferentiated lump sum amount or deposited in the Special Transportation Fund as one undifferentiated lump sum amount as may be required by statute.

(P.A. 88-103, S. 3, 4; P.A. 12-133, S. 24.)

History: P.A. 12-133 substituted “subsection (c) or (d) of section 51-56a” for “subsection (c) of section 51-56a”.

Sec. 54-143c. Additional fine for sexual assault offenses. In addition to any fine, fee or cost that may be imposed pursuant to any provision of the general statutes, the court shall impose a fine of one hundred fifty-one dollars on any person who, on or after July 1, 2004, is convicted of or pleads guilty or nolo contendere to a violation of subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a. Fines collected under this section shall be deposited in the sexual assault victims account established under section 19a-112d.

(P.A. 04-121, S. 2.)

History: P.A. 04-121 effective July 1, 2004.

Sec. 54-144. Payment of expenses. Any expenses necessarily incurred in any criminal proceeding or prosecution, except such expenses as are incurred by the Division of Criminal Justice, when approved by the court in which the proceeding or prosecution is had, shall be paid in the same manner as are other expenses of maintenance of the court.

(1949 Rev., S. 8843; P.A. 73-122, S. 15, 27.)

History: P.A. 73-122 added exception re expenses incurred by criminal justice division and deleted reference to payments “from the same treasury” as other expenses of maintaining court.

Secs. 54-145 and 54-146. Refunds to clerk of municipal court or to town treasurer. Report to clerk or town treasurer. Sections 54-145 and 54-146 are repealed.

(1949 Rev., S. 8844, 8845; 1959, P.A. 28, S. 204.)

Sec. 54-147. Rules for payment of expenses. Waiver of fee or cost. (a) The judges of the Superior Court may establish rules, in addition to those established by statute, for the payment of the expenses of all criminal proceedings or prosecutions, except such expenses as are incurred by the Division of Criminal Justice.

(b) No fee or cost imposed pursuant to any provision of the general statutes on a person who is a defendant or has been convicted in a criminal proceeding or prosecution shall be waived by the court, except as authorized by such provision or for good cause shown.

(1949 Rev., S. 8846; P.A. 73-122, S. 16, 27; P.A. 03-97, S. 1.)

History: P.A. 73-122 added exception re expenses incurred by criminal justice division; P.A. 03-97 designated existing provisions as Subsec. (a), making a technical change therein, and added Subsec. (b) re waiver of fee or cost.

Sec. 54-148. Support of prisoners after sentence. The support of prisoners in community correctional centers, sentenced to a correctional institution, or sentenced to death, shall be paid by the state.

(1949 Rev., S. 8848; 1969, P.A. 297; P.A. 95-16, S. 2.)

History: 1969 act substituted “community correctional centers” for “jails”; P.A. 95-16 replaced “sentenced to the Connecticut Correctional Institution, Somers, or to be electrocuted” with “sentenced to a correctional institution, or sentenced to death”.

Sec. 54-149. Payment for board of prisoners. Section 54-149 is repealed.

(1949 Rev., S. 8849; 1959, P.A. 152, S. 99.)

Sec. 54-150. Compensation of physicians. Physicians shall receive a reasonable compensation for services rendered in criminal cases.

(1949 Rev., S. 3612.)

Sec. 54-151. Cost of transcript and printing on appeal. In any appeal in a criminal action, where it appears to the trial court that the accused is without funds with which to defray the costs of securing a transcript of the evidence, or printing the briefs and the appendices to the briefs, such costs shall be defrayed by the state.

(1949 Rev., S. 8850; 1957, P.A. 17; 1967, P.A. 421, S. 1.)

History: 1967 act deleted language restricting section to appeals to the supreme court.

Cited. 139 C. 401. Cited. 154 C. 631, 636. Cited. 155 C. 719.

Finding of fact after comprehensive examination of facts and circumstances is required where indigency is controverted. 5 Conn. Cir. Ct. 313.

Sec. 54-152. Allowance to witnesses from another state in criminal prosecutions. When, in any criminal prosecution, it is necessary to obtain the testimony of any witnesses residing without this state, the Chief State’s Attorney may allow them a reasonable sum for their time and expenses in going to, attending upon and returning from the court and may allow a reasonable sum for the expense of procuring their attendance or procuring any document from without this state necessary to be used as evidence on the trial of such prosecution, to be from the appropriation for the Division of Criminal Justice.

(1949 Rev., S. 8851; 1963, P.A. 642, S. 81; 1967, P.A. 844; P.A. 73-122, S. 17, 27.)

History: 1963 act deleted obsolete reference to criminal prosecution before common pleas court; 1967 act removed limitation of section to prosecutions in superior court; P.A. 73-122 made chief state’s attorney rather than the court responsible for determining witnesses’ expenses and specified that payments are to be made from criminal justice division appropriations, replacing provision whereby they were “taxed and paid as in other criminal cases”.

See Sec. 51-275 for applicable definitions.

Sec. 54-153. Where witnesses for accused paid by state. The court before which any criminal prosecution is pending may order such number of witnesses as the court approves to be summoned on behalf of the accused at the expense of the state.

(1949 Rev., S. 8852.)

Cited. 17 CA 359.

Sec. 54-154. Taxing expenses in search and seizure cases. In any case in which the statutes provide for a search warrant and seizure, the court, judge or judge trial referee issuing such warrant may tax for the officer’s services thereon the same fees for service, travel, copies and endorsements as are taxed in civil cases, and such sum for securing, care and destruction of property as such court, judge or judge trial referee, under the circumstances, deems reasonable, such fees and sum to be paid from the appropriation for the Division of Criminal Justice.

(1949 Rev., S. 8853; 1959, P.A. 28, S. 195; P.A. 73-122, S. 18, 27; P.A. 01-72, S. 7.)

History: 1959 act deleted references to trial justice; P.A. 73-122 specified that payments are to be made from criminal justice division appropriation; P.A. 01-72 added references to judge trial referee.

Sec. 54-155. Expenses of requisitions of fugitives. When a requisition is made by the governor upon the executive authority of another state for the delivery of any fugitive from justice, the necessary expenses of such requisition and of the removal of such fugitive shall be ascertained and allowed by the superior court for the judicial district within which the crime charged is alleged to have been committed, and shall be paid from the appropriation for the Division of Criminal Justice, if application therefor is made within one year after such expenses have been incurred.

(1949 Rev., S. 8854; P.A. 73-122, S. 19, 27; P.A. 80-313, S. 52.)

History: P.A. 73-122 added reference to judicial districts and specified that expenses incurred under section are to be paid from criminal justice division appropriations rather than “by the state”; P.A. 80-313 deleted references to counties in accordance with provisions of P.A. 76-436 and P.A. 78-28.