2021 Georgia Code
Title 15 - Courts
Chapter 21 - Payment and Disposition of Fines and Forfeitures
Article 1 - General Provisions
§ 15-21-2. Payment Into County Treasury of Fines and Bond Forfeitures
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- 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 bond forfeitures collected by them and, upon failure to do so, shall be subject to rule and attachment as in the case of defaulting sheriffs.
- The provisions of paragraph (1) of this subsection shall not apply to the remainder of any fines, after costs, imposed for violation of any traffic offense provided in or authorized by Chapter 6 of Title 40 on an urban interstate system if the arrest or citation in such case was made or issued by a member of the Uniform Division of the Department of Public Safety's motorcycle enforcement unit, in which case such remainder shall be remitted to the Department of Public Safety and used for the maintenance and enhancement of the department's motorcycle enforcement program.
- As used in this subsection, the term "urban interstate system" means a portion of the national system of interstate and defense highways which:
- Is located entirely within any part of this state; and
- Includes a single numbered interstate highway which forms a closed loop or perimeter.
Where these conditions exist, the urban interstate system shall consist of the interstate highway constituting the closed loop or perimeter and all interstate highways or portions thereof located within such loop or perimeter, not including any portion of any interstate highway outside of the loop or perimeter.
- No officer shall be required to pay any money into the treasury until all the legal claims on the funds held and owned by the officer bringing the money into court in the particular case by which the funds for distribution were brought into court have been allowed and paid.
(Ga. L. 1876, p. 108, § 1; Ga. L. 1878-79, p. 189, § 1; Code 1882, § 4655a; Penal Code 1895, § 1089; Penal Code 1910, § 1116; Code 1933, § 27-2902; Ga. L. 1983, p. 884, § 5-1; Ga. L. 1984, p. 842, § 2; Ga. L. 2006, p. 159, § 1/HB 1209; Ga. L. 2007, p. 47, § 15/SB 103; Ga. L. 2015, p. 693, § 3-32/HB 233.)
The 2015 amendment, effective July 1, 2015, substituted "fines and bond forfeitures" for "fines and forfeitures" in paragraph (a)(1). See editor's note for applicability.
Editor's notes.- Ga. L. 2006, p. 159, § 3/HB 1209, not codified by the General Assembly, as amended by Ga. L. 2007, p. 47, § 15A/SB 103, and as amended by Ga. L. 2010, p. 105, §§ 2-1 and 2-2/HB 981, provides: "This Act shall become effective on July 1, 2006."
Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."
Administrative Rules and Regulations.- Motorcycle Enforcement Unit, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Public Safety, Chapter 570-33.
Law reviews.- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).
JUDICIAL DECISIONS
Duty of county treasurer to receive surplus of fund and hold surplus for distribution.
- Bank acting as county depository becomes a quasi-public officer. It is therefore the duty of such bank, acting as county treasurer, to receive the surplus of the fine and forfeiture fund and hold the surplus for distribution as required by law. Banks County v. Stark, 88 Ga. App. 368, 77 S.E.2d 33 (1953).
Effect of payment of moneys to county treasurer.
- While it was the duty of the solicitor (now district attorney) to collect all moneys arising from fines and forfeitures, yet if the solicitor states in the solicitor's petition that the solicitor has a surplus which the solicitor (now district attorney) desires to pay over to the county treasurer, the solicitor (now district attorney) cannot complain because the clerk and the sheriff paid over to the county treasurer stated amounts which should have been turned over to the solicitor (now district attorney) and by the solicitor (now district attorney) paid to the county treasurer. This is true for the reason that equity will not require a person to do a useless act. Terrell v. Jolly, 203 Ga. 821, 48 S.E.2d 517 (1948).
Money from fund to which county entitled must be paid into treasury.
- Any money from the fine and forfeiture fund to which the county commissioners might be entitled must be paid to the county treasury. The rule must therefore ask that the money be itself paid into the treasury, instead of directly to the officers whose duty it is to bring the rule on behalf of the county. Banks County v. Stark, 88 Ga. App. 368, 77 S.E.2d 33 (1953).
Contributions to pension fund made with fines and fees were county funds.
- Court fines and forfeitures were county funds and, thus, the payment of those monies into a court clerk's state retirement plan were contributions made with county funds; the county's determination to exclude the clerk from the county's pension plan, based on the county's decision that the county should contribute to each constitutional officer's retirement plan only once, did not violate equal protection since the decision was based on a rational distinction between the various constitutional officers, and furthered the legitimate governmental purpose of equalizing the county's pension contributions and fostering financial responsibility in the funding of the county's retirement plans. Morgan County Bd. of Comm'rs v. Mealor, 280 Ga. 241, 626 S.E.2d 79 (2006).
Cited in Gordon County Comm'rs v. Harris, 81 Ga. 719, 8 S.E. 427 (1888); Bartlett v. Brunson, 115 Ga. 459, 41 S.E. 601 (1902); Lumpkin County v. Davis, 185 Ga. 393, 195 S.E. 169 (1938); Cooper v. Lunsford, 203 Ga. 166, 45 S.E.2d 395 (1947); Walden v. Bale, 78 Ga. App. 226, 50 S.E.2d 844 (1948); Walden v. Camp, 206 Ga. 593, 58 S.E.2d 175 (1950).
OPINIONS OF THE ATTORNEY GENERAL
Responsibility for collecting and distributing fines levied by courts.
- District attorney and the state court solicitor are ultimately charged with the responsibility of collecting and distributing the fines levied by their respective courts. 1974 Op. Att'y Gen. No. U74-6.
By virtue of the 1984 legislation, the General Assembly intended to remove from the district attorney any responsibility for either the collection of fines, forfeitures, and costs levied in criminal cases, or the disbursement of such money into the county treasury. This responsibility now lies with the clerk of court. 1985 Op. Att'y Gen. No. U85-20.
Duties of those collecting fines and forfeitures.- For a discussion of the respective duties of the prosecuting attorney, sheriff, and clerk of court in the collection of fines and forfeitures in criminal cases, see 1983 Op. Att'y Gen. No. U83-62.
Separate account for funds from forfeitures and fines.- All funds in criminal procedures from forfeitures and fines should be paid into the county treasury and kept by the treasurer in a separate account from the general county funds; the clerk of the superior court should not be paid out of the general funds of the county, but should only be paid out of the funds held by the county treasurer in the account from forfeitures and fines. 1950-51 Op. Att'y Gen. p. 255.
Disposition of money that would have been applied to clerk's fees.- To the extent that moneys in fines and forfeitures fund would have been paid to clerk as fees prior to clerk's being placed upon a salary, these moneys must be paid into the county treasury regularly, and no court order is required. 1982 Op. Att'y Gen. No. U82-39.
Payment of forfeited bonds into county treasury.- Forfeited bond in habeas corpus proceedings is paid into county treasury. 1945-47 Op. Att'y Gen. p. 106.
Funds from bond forfeiture cannot be used to compensate prosecuting witness in bad check case; such funds must be paid into the county treasury and administered in accordance with former Code 1933, §§ 27-2902, 27-2904 and 27-2905 (see now O.C.G.A. §§ 15-21-2,15-21-3 and15-21-5). 1970 Op. Att'y Gen. No. U70-197.
Responsibility for costs in criminal cases.- Ultimate responsibility for costs in a criminal case will fall upon the defendant, the prosecutor, or the fine and forfeiture fund, depending upon the circumstances. 1971 Op. Att'y Gen. No. U71-42.
Probate court fines paid into insolvent cost fund.- After payment of all costs, fines collected in probate court go into insolvent cost fund. 1952-53 Op. Att'y Gen. p. 38.
Expense of supervising probationers may not be offset by withholding collection fee.- Since expenses of Department of Offender Rehabilitation (now Department of Corrections) in supervising probationers are not a proper cost of prosecution, the department cannot withhold a collection fee to offset these costs from fines which the department collects. 1981 Op. Att'y Gen. No. 81-100.
Satisfaction of claims on fund other than county's claims.- To extent that fines and forfeitures fund may be subject to legal claims other than those of the county, the fund is to be held until such claims are satisfied; the satisfaction of such claims is made by order of the judge of superior court. 1982 Op. Att'y Gen. No. U82-39.
Construction with § 47-17-60. - Ga. L. 1950, p. 50, § 10 (see now O.C.G.A. § 47-17-60) is not inconsistent with former Code 1933, § 27-2902 (see now O.C.G.A. § 15-21-2). 1950-51 Op. Att'y Gen. p. 131.
Disposition of fines in cases transferred from municipal court to superior court.
- Municipality cannot collect and retain fines resulting from cases transferred from municipal court to superior court pursuant to O.C.G.A. § 40-13-23 since fines imposed by the superior court must be paid into the county treasury. 1984 Op. Att'y Gen. No. U84-44.
Since O.C.G.A. §§ 15-21-2 and15-21-52 mandate that all fines collected by county courts be paid into the county treasury, a municipality and county cannot contract to provide for the division of moneys received as fines by the superior court from cases transferred under O.C.G.A. § 40-13-23. 1984 Op. Att'y Gen. No. U84-44.
RESEARCH REFERENCES
Am. Jur. 2d.
- 36 Am. Jur. 2d, Forfeitures and Penalties, §§ 1 et seq., 15 et seq.
C.J.S.- 36A C.J.S., Fines, §§ 3, 4, 19. 37 C.J.S., Forfeitures, §§ 2, 3, 4, 45 et seq.
