hb77.html

05 LC 29 1534

House Bill 77

By: Representative Stephens of the 164th

A BILL TO BE ENTITLED
AN ACT

To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change provisions relating to priorities of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court; to provide for funding for local juvenile diversion programs through a fine surcharge; to provide for the use of said local juvenile diversion program surcharge; to provide an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking paragraph (10) of Code Section 15-6-95, relating to priorities of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court, and inserting in lieu thereof the following:

"(10) After the final partial or installment payment, the surcharge surcharges provided for in Code Sections 15-21-100 and 15-21-101 Article 6 of Chapter 21 of this title for the Drug Abuse Treatment and Education Fund and Article 10 of Chapter 21 of this title for local juvenile diversion programs."

SECTION 2.

Said title is further amended in Chapter 21, relating to payment and disposition of fines and forfeitures, by adding a new Article 10 to read as follows:

"ARTICLE 10

15-21-160.

It is the intent of this article to provide funding for local juvenile diversion programs.

15-21-161.

(a) In every case in which any court of this state or any municipality or political subdivision of this state shall impose a fine, which shall be construed to include costs, for any criminal offense or any criminal ordinance violation, there shall be imposed as an additional penalty a sum equal to 10 percent of the original fine.

(b) Such sums shall be in addition to any amount required by Code Section 47-17-60 to be paid into the Peace Officerś Annuity and Benefit Fund and in addition to any other amounts provided for by law.

15-21-162.

(a) The sums provided for in Code Section 15-21-161 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid over to the Georgia Superior Court Clerkś Cooperative Authority by the end of the month after the collection. The net proceeds shall be distributed by such authority by being paid over to the juvenile court of the judicial circuit in which the county is located for the purpose of establishing and maintaining a local juvenile diversion program carried out by the juvenile court or by a program approved by the juvenile court. The purpose of a local juvenile diversion program is to reduce the number of juveniles proceeding through juvenile court and reduce recidivism by creating alternatives to the court system which may include intensive case management, referrals for other services, tracking and improving school attendance, increasing services and support for juveniles and their families through partnerships with private and public agencies, or providing mentoring or other activities for juveniles. The funds shall be paid over in the same manner as other county funds paid for operations of the juvenile court and shall be in addition to rather than in lieu of any other such funds. These funds shall be paid to the respective juvenile courts by the last day of the month in which the funds are received; provided, however, that the governing authority of the county shall be authorized to hold as reserve funds an amount not to exceed 5 percent of the funds received by the governing authority in the preceding calendar year.

(b) This article shall not preclude the appropriation or expenditure of other funds by the governing authority of any county or by the General Assembly for the purpose of juvenile diversion programs."

SECTION 3.

This Act shall become effective on July 1, 2005, and shall apply to all criminal offenses alleged to have occurred on or after July 1, 2005.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.