5-6-4. Bill of costs; payment of costs; exceptions to payment; prerequisite to receipt of application for appeal or brief by clerk.

The bill of costs for every application to the Supreme Court for a writ of certiorari or for applications for appeals filed in the Supreme Court or the Court of Appeals or appeals to the Supreme Court or the Court of Appeals shall be $80.00 in criminal cases and in habeas corpus cases for persons whose liberty is being restrained by virtue of a sentence imposed against them by a state court and $300.00 in all other civil cases. The costs shall be paid by counsel for the applicant or appellant at the time of the filing of the application or, in the case of direct appeals, at the time of the filing of the original brief of the appellant. In those cases in which the writ of certiorari or an application for appeal is granted, there shall be no additional costs.#

Costs shall not be required when at the time the same are due:#

1. (1)

   The pro se applicant or pro se appellant is incarcerated at the time of the filing;#

2. (2)

   Counsel for the applicant or appellant was appointed to represent the defendant by the trial court because of the defendant’s indigency; or#

3. (3)

   The applicant, appellant, or counsel for applicant or appellant files an affidavit of indigency.#

The clerk shall be prohibited from receiving the application for appeal or the brief of the appellant unless the costs have been paid or the provisions of subsection (b) of this Code section have been satisfied.#