05 LC
14 8926
House
Bill 6
By:
Representatives Bridges of the
10th
and Day of the
163rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating
to payment into county treasuries of fines and forfeitures, so as to provide for
payment of certain moneys arising from traffic fines to the Georgia Department
of Public Safety for payment into the state treasury; to amend Article 2 of
Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to
arrests, trials, and appeals relative to prosecution of misdemeanor traffic
offenses, so as to provide for payment of certain moneys arising from traffic
fines to the Department of Public Safety for payment into the state treasury; to
provide for an effective date and applicability; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment
into county treasuries of fines and forfeitures, is amended by striking
subsection (a) and inserting in lieu thereof the following:
"(a)(1)
The clerks of the several courts shall pay into the county treasury of the
county where the court is held all moneys arising from fines and forfeitures
collected by them and, upon failure to do so, shall be subject to rule and
attachment as in the case of defaulting sheriffs.
(2)
The provisions of paragraph (1) of this subsection shall not apply to the
remainder of any fines, after costs, imposed for violation of any speed limit
provided in or authorized by Chapter 6 of Title 40 on any interstate highway or
other controlled-access highway which connects with an interstate highway if the
arrest or citation in such case was made or issued by a law enforcement officer
of a county or municipality, in which case such remainder shall be remitted to
the Department of Public Safety for payment into the state
treasury."
SECTION
2.
Article
2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating
to arrests, trials, and appeals relative to prosecution of misdemeanor traffic
offenses, is amended by striking Code Section 40-13-26, relating to how
sentences shall be served and disposition of fines and costs, and inserting in
lieu thereof the following:
"40-13-26.
Defendants
who plead guilty or who are convicted under this article shall be required to
serve their sentences in such manner as is provided for by law in misdemeanor
cases. In case a fine is imposed and paid, the officers of court, where on fee
basis, shall first be paid their costs arising in such case. After the payment
of all costs, the remainder of such fine shall be paid into the county treasury
in the event the case is disposed of by the probate court; if the case is
disposed of by the municipal court of an incorporated municipality, the
remainder of such fine or fines shall be paid into the treasury of the
municipality where the court is located, except that where such courts have
jurisdiction beyond the corporate limits of a municipality, and the offense
occurs outside the municipality, the fine shall be paid into the county
treasury;
provided, however, that in any case where a fine was imposed for violation of
any speed limit provided in or authorized by Chapter 6 of this title on any
interstate highway or other controlled-access highway which connects with an
interstate highway if the arrest or citation in such case was made or issued by
a law enforcement officer of a county or municipality, the remainder of such
fine shall be remitted to the Department of Public Safety for payment into the
state treasury. The judge of the probate
court or the person presiding over the municipal court must pay into the county
treasury
or,
municipal
treasury, or
Department of Public Safety by the
fifteenth day of each month the remainder of all fines for the preceding month.
Such payment must be accompanied by a list showing the name of the defendant in
each case, the fine imposed in each case, the costs in each case and to whom
paid, and the balance which is being paid into the treasury. The official making
such payment must be given a written receipt by the person receiving the
payment. No officer receiving a salary will receive any fees for arresting or
attending court in any case arising under this article, but the usual fees must
be assessed, and, if the arresting officer is not entitled to the costs, they
must go to the
county or
city to which the fine is paid
county, city,
or Department of Public Safety as required by this Code
section."
SECTION
3.
This
Act shall become effective July 1, 2005, and shall apply with respect to fines
collected and forfeitures forfeited on or after that date.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.