HB 1569 - Family violence cases; certain fee assessment; prohibit

Georgia House of Representatives - 1995/1996 Sessions

HB 1569 - Family violence cases; certain fee assessment; prohibit

Page Numbers - 1/ 2/ 3
Code Sections - 15-10-82
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House Comm: Judy / Senate Comm: Judy / House Vote: Yeas 165 Nays 0 Senate Vote: Yeas 43 Nays 0 ---------------------------------------- House Action Senate ---------------------------------------- 2/2/96 Read 1st Time 2/21/96 2/5/96 Read 2nd Time 3/5/96 2/13/96 Favorably Reported 2/29/96 Sub Committee Amend/Sub 2/20/96 Read 3rd Time 3/14/96 2/20/96 Passed/Adopted 3/14/96 CS Comm/Floor Amend/Sub 3/22/96 Sent to Governor 4/9/96 Signed by Governor 878 Act/Veto Number 7/1/96 Effective Date ---------------------------------------- Postponed by the House 2/19 Until 2/20/96 Code Sections amended: 15-6-77, 15-10-82, 15-16-21, 19-13-3
HB 1569 LC 22 2188-ECS _______________________ offers the following substitute to HB 1569: A BILL TO BE ENTITLED AN ACT 1- 1 To amend Title 15 of the Official Code of Georgia Annotated, 1- 2 relating to courts, so as to provide that no fee shall be 1- 3 assessed in superior court in family violence cases under 1- 4 Chapter 13 of Title 19; to provide that no fee shall be 1- 5 assessed in connection with a prosecution of any domestic 1- 6 violence offense for costs associated with the filing of 1- 7 criminal charges by an alleged victim of domestic violence 1- 8 or for the issuance or service of a warrant, protective 1- 9 order, or witness subpoena arising from the incident of 1-10 domestic violence; to provide that no fee shall be assessed 1-11 in magistrate court for costs associated with the filing of 1-12 criminal charges against the domestic violence offender or 1-13 for the costs for issuance or service of a warrant, 1-14 protective order, or witness subpoena arising from the 1-15 incident that is the subject of the arrest or criminal 1-16 prosecution; to provide that no sheriff's fee shall be 1-17 assessed against the alleged victim of any domestic violence 1-18 offense for costs associated with the issuance or service of 1-19 a warrant, protective order, or witness subpoena arising 1-20 from the filing of criminal domestic violence charges; to 1-21 amend Code Section 19-13-3 of the Official Code of Georgia 1-22 Annotated, relating to the filing of a petition seeking 1-23 relief from family violence, so as to provide for the 1-24 abolition of any filing fee for such a petition; to provide 1-25 for related matters; to provide an effective date; to repeal 1-26 conflicting laws; and for other purposes. 1-27 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-28 Title 15 of the Official Code of Georgia Annotated, relating 1-29 to courts, is amended by striking paragraph (4) of 1-30 subsection (e) of Code Section 15-6-77, relating to fees of 1-31 superior court clerks, in its entirety and inserting in its 1-32 place a new paragraph to read as follows: 1-33 "(4) The total sum for all services No fee or cost shall 1-34 be assessed for any service rendered by the clerk of -1- (Index) LC 22 2188-ECS 2- 1 superior court through entry of judgment in family 2- 2 violence cases under Chapter 13 of Title 19 shall be 2- 3 $20.00. Such sum shall be inclusive of any additional 2- 4 sums which may be provided for by other laws except 2- 5 costs for service of process; and any remittances 2- 6 required to be made by the clerk of superior court in 2- 7 such cases shall be made from such $20.00. No 2- 8 additional sums, other than costs for service of 2- 9 process, shall be charged or collected in a family 2-10 violence case. The provisions of this paragraph shall 2-11 control over any other conflicting provisions of law and 2-12 shall specifically control over the provisions of Code 2-13 Sections 15-6-77.1, 15-6-77.2, and 15-6-77.3." SECTION 2. 2-14 Said title is further amended by striking subsection (i) of 2-15 said Code Section 15-6-77 in its entirety and inserting in 2-16 its place a new subsection to read as follows: 2-17 "(i) No fees shall be charged for the following: 2-18 (1) Recording discharge certificates of veterans, as 2-19 provided in Code Section 15-6-78; and 2-20 (2) Recording and certifying documents in connection 2-21 with admission to practice law.; and 2-22 (3) Costs associated with the filing of criminal charges 2-23 by an alleged victim of any domestic violence offense or 2-24 for the issuance or service of a warrant, protective 2-25 order, or witness subpoena arising from the incident of 2-26 domestic violence." SECTION 3. 2-27 Said title is further amended by striking Code Section 2-28 15-10-82, relating to the hearing fee on application for 2-29 search and arrest warrant or bad check citation, in its 2-30 entirety and inserting in its place a new Code Section 2-31 15-10-82 to read as follows: 2-32 "15-10-82. (Index) 2-33 For hearing an application for an arrest or search warrant 2-34 or deposit account fraud citation, the fee charged shall 2-35 not exceed $10.00, but this fee may be waived by the 2-36 issuing magistrate if he or she finds that because of the 2-37 financial circumstances of the party applying for the 2-38 warrant or citation or for other reasons this fee should 2-39 not be charged in justice; provided that no fee shall be -2- (Index) LC 22 2188-ECS 3- 1 assessed against the alleged victim of any domestic 3- 2 violence offense for costs associated with the filing of 3- 3 criminal charges against the domestic violence offender or 3- 4 for the issuance or service of a warrant, protective 3- 5 order, or witness subpoena arising from the incident of 3- 6 domestic violence." SECTION 4. 3- 7 Said title is further amended by adding at the end of Code 3- 8 Section 15-16-21, relating to the fees for sheriff's 3- 9 services, a new subsection (h) to read as follows: 3-10 "(h) No fee shall be assessed against the alleged victim 3-11 of any domestic violence offense for costs associated with 3-12 the filing of criminal charges against the domestic 3-13 violence offender or for the issuance or service of a 3-14 warrant, protective order, or witness subpoena arising 3-15 from the incident of domestic violence." SECTION 5. 3-16 Code Section 19-13-3 of the Official Code of Georgia 3-17 Annotated, relating to the filing of a petition seeking 3-18 relief from family violence, is amended by striking 3-19 subsection (a) in its entirety and inserting in its place a 3-20 new subsection (a) to read as follows: 3-21 "(a) A person who is not a minor may seek relief under 3-22 this article by filing a petition with the superior court 3-23 alleging one or more acts of family violence. A person 3-24 who is not a minor may also seek relief on behalf of a 3-25 minor by filing such a petition. The fee for filing a 3-26 petition shall be as provided in Code Section 15-6-77." SECTION 6. 3-27 This Act shall become effective on July 1, 1996. SECTION 7. 3-28 All laws and parts of laws in conflict with this Act are 3-29 repealed. -3- (Index)

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