05 LC
9 1664
Senate
Bill 311
By:
Senators Reed of the 35th, Zamarripa of the 36th, Jones of the 10th, Thompson of
the 33rd and Brown of the 26th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act re-creating a system of state courts of limited jurisdiction for
each city of this state having a population of 300,000 or more according to the
United States decennial census of 1990 or any future such census, approved April
4, 1996 (Ga. L. 1996, p. 627), as amended, so as to change the provisions
relating to the jurisdiction and venue of such courts; to change the provisions
relating to the number, compensation, and retention of judges of such courts; to
provide that any judge whose position has been abolished by ordinance, in
accordance with the provisions of this Act, shall not be eligible to retain
judicial office; to change the provisions relating to the solicitor and
assistant solicitors of such courts and their number, appointment, and terms; to
repeal provisions relating to investigators; to provide that the clerk of the
municipal court shall serve as the clerk of each such court; to repeal the
provisions relating to bailiffs and constables; to repeal certain provisions
relative to courtrooms, offices, equipment, and other facilities; to repeal
provisions relating to the violation bureau and the director thereof; to change
the provisions relating to fines and forfeitures and the use thereof; to change
the provisions relating to additional penalties and victim and witness
assistance programs; to provide for a statement of purpose; to provide for an
effective date; to provide for automatic repeal of this Act; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act re-creating a system of state courts of limited jurisdiction for each city
of this state having a population of 300,000 or more according to the United
States decennial census of 1990 or any future such census, approved April 4,
1996 (Ga. L. 1996, p. 627), as amended, is amended by striking Section 3 and
inserting in its place the following:
"SECTION
3.
Jurisdiction.
Jurisdiction.
Each
such court shall have jurisdiction and venue
concurrent
with the municipal court of the territorial jurisdiction
and coextensive with the territorial
limits of the city in which it is located over:
(1)
All crimes and offenses under the laws of the state relating to and regulating
traffic, and all other crimes and offenses arising out of the same occurrences
as such traffic offense, not above the grade of misdemeanor and not exclusively
cognizable in the superior
courts.;
and
(2)
All offenses against the duly enacted laws and ordinances of such city relating
to and regulating traffic, and all other offenses against laws and ordinances of
such city arising out of the same occurrence as such traffic offense.
Punishment for such offense shall be imposed as provided by laws and ordinances
duly enacted by the governing authority of such
city."
SECTION
2.
Said
Act is further amended by striking subsection (a) of Section 4 and inserting in
its place the following:
"(a)
There shall be a chief judge of each such court and such number of judges as
may
determined by
ordinance to be necessary to conduct the
business of the
court."
SECTION
3.
Said
Act is further amended by striking subsection (d) of Section 4 and inserting in
its place the following:
"(d)
The annual salaries of the chief judge and of each judge shall be fixed
by the
governing authority of each city. However, the annual salaries of the chief
judge and judges shall be no less than 90 percent of the annual salaries of the
judges of the state court within the territorial jurisdiction of said
court
and determined
by ordinance of the city and shall be payable as provided by the governing
authority for other employees within the
city."
SECTION
4.
Said
Act is further amended by striking subsection (a) of Section 6 and inserting in
its place the following:
"(a)
A
Except as
otherwise provided in subsection (e) of this section,
a judge of such court who shall desire to
retain judicial office for a succeeding term shall file, with the municipal
clerk not more than 90 days nor less than 60 days prior to each regular
municipal election prior to the expiration of the judge´s then term of
office, a declaration of intent to run for another
term."
SECTION
5.
Said
Act is further amended by adding a new subsection (e) to Section 6 to read as
follows:
"(e)
Any judge whose position has been abolished by ordinance, in accordance with the
provisions of this Act, shall not be eligible to retain judicial
office."
SECTION
6.
Said
Act is further amended by striking subsection (a) of Section 11 and inserting in
its place the following:
"(a)
There shall be a solicitor of such courts and as many assistant solicitors for
each of such courts as
there are
regular judges
are required
to conduct the business of the court.
Each solicitor and assistant solicitor shall take the same oath and perform the
same duties as solicitors of the state courts, as far as applicable to and not
inconsistent with this
Act."
SECTION
7.
Said
Act is further amended by striking subsection (b) of Section 11 and inserting in
its place the following:
"(b)
The solicitors of each court shall be appointed
and
retained in the same manner as provided for judges within this
Act
to four-year
terms of office. The mayor shall reappoint the solicitors for successive terms
or, at the sole option of the mayor, may fill the office of solicitor by
appointing one of three qualified persons nominated by a judicial nominating
commission constituted for the purpose of nominating judicial personnel in the
territorial
jurisdiction."
SECTION
8.
Said
Act is further amended by striking Section 13 and inserting in its place the
following:
"SECTION
13.
Investigators.
Reserved.
There
shall be not less than one investigator for each of such courts, each of whom
shall be appointed by and serve at the discretion of the
solicitor."
SECTION
9.
Said
Act is further amended by striking subsection (a) of Section 14 and inserting in
its place the following:
"(a)
There shall
be a clerk of each such court, as many deputy clerks as there are regular
judges, and such clerical assistants as the judges determine necessary for the
efficient operation of the court. The clerk, deputy clerks, and clerical
assistants shall be appointed by the judges of each of such courts in conference
and shall serve at their discretion. Any person appointed clerk shall be a
resident of the city in which such court is located during his or her term of
office. However, the residency requirement herein shall not apply to any person
holding the position of clerk, but not a resident of the city, on the effective
date of this Act.
The clerk of
the municipal court shall serve as the clerk of each such
court."
SECTION
10.
Said
Act is further amended by striking Section 15 and inserting in its place the
following:
"SECTION
15.
Bailiffs. Reserved.
Bailiffs. Reserved.
There
shall be as many bailiffs for each of such courts as there are regular judges.
Each bailiff shall be appointed by and serve at the discretion of the judges in
conference, shall attend all sittings of the court, and shall perform such other
duties as may be prescribed by the
judges."
SECTION
11.
Said
Act is further amended by striking Section 16 and inserting in its place the
following:
"SECTION
16.
Constables. Reserved.
Constables. Reserved.
The
constables of each of such courts shall be the sheriffs and deputy sheriffs of
the several counties of this state and the chief of police and the regularly
elected and qualified members of the police department of each city, each of
whom shall serve all processes and orders to them
directed."
SECTION
12.
Said
Act is further amended by striking Section 21 and inserting in its place the
following:
"SECTION
21.
Housing and facilities for courts.
Housing and facilities for courts.
Each
court shall sit at such places within the city as the governing authority shall
provide.
However,
the governing authority of each city shall provide adequate courtrooms, offices,
equipment, and other facilities necessary for the operation of each of such
courts."
SECTION
13.
Said
Act is further amended by striking Section 22 and inserting in its place the
following:
"SECTION
22.
Violation bureau; director. Reserved.
Violation bureau; director. Reserved.
(a)
The governing authority of each city may provide a violation bureau for the
payment of fines for violations of traffic ordinances of the city without
offenders being required to make an appearance in court. The fines for such
offenses shall be in accord with a schedule of fines determined by the chief
judge. However, such procedures shall not be available for violations involving
an accident or driving while under the influence of intoxicants, whether or not
an accident occurs.
(b)
There shall be a director of the violation bureau who shall be appointed by and
serve at the pleasure of a majority of the
judges."
SECTION
14.
Said
Act is further amended by striking Section 26 and inserting in its place the
following:
"SECTION
26.
Fines and forfeitures; priority in distribution.
Fines and forfeitures; priority in distribution.
Except
as provided in Sections 27 and 28 of this Act, all moneys arising from fines
or
and
forfeitures imposed and collected in such courts shall be paid into the treasury
of the respective cities
and shall
be used first to cover the housing facilities, equipment, personnel and
personnel training, and other costs necessary for the administration of such
courts. Any remaining funds shall be used to defray the expenses associated
with the enforcement of laws and ordinances relating to and regulating
traffic."
SECTION
15.
Said
Act is further amended by striking Section 27 and inserting in its place the
following:
"SECTION
27.
Additional penalty.
Additional penalty.
(a)(1)
In every traffic case, other than parking violations, in which a court imposes a
fine under this Act for a violation of a state law or local ordinance there
shall be imposed as an additional penalty a sum not to exceed
$3.00.
(2)
At the time of posting bail or bond in any traffic case before a court under
this section, an additional sum not to exceed $3.00 shall be posted. In every
traffic case in which a court under this section orders the forfeiture of bail
or bond, the additional sum posted shall be paid over as provided in subsection
(b) of this section.
(b)
The additional penalty in cases in which fines are imposed and the additional
sum for forfeiture of bails and bonds provided for in paragraphs (1) and (2) of
subsection (a) of this section shall be collected by the court officer charged
with the duty of collecting fines and forfeited bails or bonds. The funds
collected shall be
distributed
by the finance department of the city served by the traffic court created by
this Act. One-third of the funds collected shall be distributed to the court
created by this Act in support of the Victims and Witnesses Assistance Program
operated by the chief judge of such court. Two-thirds of the funds collected
under this Act shall be distributed by the city finance department to the crime
commission serving such city, in support of the Victims and Witnesses Assistance
Program operated by the crime commission in the municipal court of said city.
Budgets for each of the Victims and Witnesses Assistance Programs named in this
section shall be submitted to the finance committee of the city council for
review and approval of the distribution of the funds. An annual report to the
governing authority of the city served by the traffic court created by this Act
of the moneys received by each recipient of these funds shall be made by the
chief judge of each court in which a Victims and Witnesses Assistance Program is
supported by the funds collected under this
section
used to
support any victim and witness assistance program operated by said court or by
any such program operated by the municipal court of the city served by said
court.
(c)
Except as otherwise provided in subsection (b) of this section and except as
otherwise provided in Section 28, all moneys arising from fines or forfeitures
imposed and collected in such courts shall be paid into the treasury of the
respective city served by the court and shall be used exclusively to defray the
expense of operating such courts and the enforcement of the laws and ordinances
relating to and regulating
traffic."
SECTION
16.
(a)
This Act amends an Act re-creating a system of state courts of limited
jurisdiction for each city of this state having a population of 300,000 or more
according to the United States decennial census of 1990 or any future such
census, approved April 4, 1996 (Ga. L. 1996, p. 627), as amended. That Act was
repealed by an Act approved May 17, 2004 (Ga. L. 2004, p. 885), which became
effective on January 1, 2005, but which, by its terms, is applicable only with
an executed intergovernmental agreement between all affected jurisdictions. It
is the purpose of this Act to amend the existing law in effect between the
effective date of this Act and the date on which such intergovernmental
agreement is executed, at which time the 1996 Act and all Acts amending such
1996 Act, including this Act, are
repealed.
(b) This Act shall become effective on its approval by the Governor or upon its becoming law without such approval and shall be automatically repealed on the date on which the intergovernmental agreement between all affected jurisdictions referenced in subsection (a) of this section is executed.
(b) This Act shall become effective on its approval by the Governor or upon its becoming law without such approval and shall be automatically repealed on the date on which the intergovernmental agreement between all affected jurisdictions referenced in subsection (a) of this section is executed.
SECTION
17.
All
laws and parts of laws in conflict with this Act are repealed.