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§ 7-302. Payment of costs, fines, and penalties, and election to stand trial

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2023 to June 30, 2026

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 7. Costs, Fines, and Forfeitures (Refs & Annos)
Subtitle 3. District Court (Refs & Annos)
Effective: October 1, 2023 to June 30, 2026
MD Code, Courts and Judicial Proceedings, § 7-302
§ 7-302. Payment of costs, fines, and penalties, and election to stand trial
Currentness
<Section effective through July 1, 2026. See, also, section 7-302 effective July 1, 2026, through Oct. 1, 2026, and section 7-302 effective Oct. 1, 2026 through Oct. 1, 2028, and section 7-302 effective Oct. 1, 2028.>
Duties of District Court clerks
(a) Except as provided in subsections (b) through (g) of this section, the clerks of the District Court shall:
(1) Collect costs, fines, forfeitures, or penalties imposed by the court; and
(2) Remit them to the State under a system agreed upon by the Chief Judge of the District Court and the Comptroller.
Fines or penalties relating to housing, building, fire, health, or sanitation violations
(b) 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.
Fines or penalties for parking, impounding, and toll violations
(c) 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.
Citations issued for parking and impounding of vehicles or failure to pay tolls
(d) 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.
Citations issued pursuant to §§ 21-202.1, 21-706.1, 21-809, 21-810, § 21-1134, or 24-111.3 of the Transportation Article
(e)(1)(i) A citation issued pursuant to § 21-202.1, § 21-706.1, § 21-809, § 21-810, § 21-1134, 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 prior to the date of payment as set forth in the citation.
(ii) 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.
(iii) 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.
(2)(i) A citation issued as the result of a vehicle height monitoring system, a traffic control signal monitoring system, or a speed monitoring system, including a work zone speed control system, controlled by a political subdivision, a school bus monitoring camera, or a bus lane monitoring system shall provide that, in an uncontested case, the penalty shall be paid directly to that political subdivision.
(ii) A citation issued as the result of a traffic control signal monitoring system or a work zone speed control system controlled by a State agency, or as a result of a vehicle height monitoring system, a traffic control signal monitoring system, a speed monitoring system, a school bus monitoring camera, or a bus lane monitoring system in a case contested in District Court, shall provide that the penalty shall be paid directly to the District Court.
(3) 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, school bus monitoring camera, or bus lane 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.
(4)(i) Except as provided in paragraph (5) of this subsection, from the fines collected by a political subdivision as a result of violations enforced by speed monitoring systems, school bus monitoring cameras, or bus lane monitoring systems, a political subdivision:
1. May recover the costs of implementing and administering the speed monitoring systems, school bus monitoring cameras, or bus lane monitoring systems; and
2. Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, may spend any remaining balance solely for public safety purposes, including pedestrian safety programs.
(ii) 1. 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.
2. The Comptroller shall deposit any money remitted under this subparagraph to the General Fund of the State.
(iii) 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:
1. Examining the engineering, infrastructure, and other relevant factors that may contribute to safety issues on Maryland Route 210 in Prince George's County;
2. Reporting its findings and recommendations on any solutions to these safety issues; and
3. Implementing any solutions to these safety issues.
(iv) 1. 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.
2. 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.
(v) From the fines collected by Anne Arundel County as a result of violations enforced by speed monitoring systems on Maryland Route 175 (Jessup Road) between the Maryland Route 175/295 interchange and the Anne Arundel County-Howard County line, 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 speed reduction measures and roadway and pedestrian safety improvements on Maryland Route 175 (Jessup Road) between the Maryland Route 175/295 interchange and the Anne Arundel County-Howard County line.
(vi) 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.
(5) 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:
(i) 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
(ii) Shall use the remaining balance for the following purposes:
1. 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
2. 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.
Citations issued under § 10-112 of the Criminal Law Article
(f)(1) 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.
(2) 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.
(3) 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.
Civil penalties resulting from citations
(g)(1) 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.
(2) The Maryland Department of Health may use money received under this subsection only for the purpose of funding drug treatment and education programs.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1974, c. 693, §§ 2, 4; Acts 1975, c. 87; Acts 1975, c. 289, § 2; Acts 1975, c. 583; Acts 1987, c. 11, § 1; Acts 1991, c. 222; Acts 1996, c. 219, § 1, eff. Oct. 1, 1996; Acts 1997, c. 315, § 1, eff. Oct. 1, 1997; Acts 2006, c. 13, § 1, eff. Feb. 18, 2006; Acts 2006, c. 15, § 1, eff. Feb. 24, 2006; Acts 2006, c. 16, § 1, eff. Feb. 24, 2006; Acts 2008, c. 36, § 1, eff. April 8, 2008; Acts 2009, c. 500, §§ 1, 2, eff. Oct. 1, 2009; Acts 2010, c. 448, § 1, eff. July 1, 2010; Acts 2011, c. 273, § 1, eff. Oct. 1, 2011; Acts 2012, c. 375, § 1, eff. Oct. 1, 2012; Acts 2012, c. 376, § 1, eff. Oct. 1, 2012; Acts 2014, c. 158, § 1, eff. Oct. 1, 2014; Acts 2017, c. 62, § 6; Acts 2017, c. 410, § 1, eff. Oct. 1, 2017; Acts 2018, c. 806, § 1, eff. Oct. 1, 2018; Acts 2019, c. 7, § 1, eff. March 27, 2019; Acts 2019, c. 8, § 5; Acts 2019, c. 586, § 1, eff. June 1, 2019; Acts 2020, c. 147, § 1, eff. June 1, 2020; Acts 2020, c. 504, § 1, eff. Oct. 1, 2021; Acts 2021, c. 450, § 1, eff. Oct. 1, 2021; Acts 2021, c. 628, § 1, eff. June 1, 2021; Acts 2021, c. 642, § 1, eff. Oct. 1, 2021; Acts 2022, c. 171, § 1, eff. Oct. 1, 2022; Acts 2022, c. 379, § 1, eff. May 16, 2022; Acts 2022, c. 468, § 1, eff. Oct. 1, 2022; Acts 2023, c. 606, § 1, eff. June 1, 2023; Acts 2023, c. 610, § 1, eff. Oct. 1, 2023.
MD Code, Courts and Judicial Proceedings, § 7-302, MD CTS & JUD PRO § 7-302
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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