2021 Georgia Code
Title 15 - Courts
Chapter 21 - Payment and Disposition of Fines and Forfeitures
Article 1 - General Provisions
§ 15-21-3. Maintenance of Moneys From Fines and Bond Forfeitures in County Treasury

The moneys arising from fines and bond forfeitures paid into the county treasury shall be kept separate and distinct from the county funds arising from other sources, and distinct and separate accounts of such funds shall also be kept by the county treasurer on the basis of the court from which the funds are received.

(Ga. L. 1876, p. 108, § 2; Code 1882, § 4655c; Penal Code 1895, § 1091; Penal Code 1910, § 1118; Code 1933, § 27-2904; 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" near the beginning of this Code section. See editor's note for applicability.

- 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."

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).

JUDICIAL DECISIONS

Mandamus is remedy for violation of section.

- If, in violation of the express provisions of this section, no separate account of funds arising from the fines and forfeitures was kept, but the fund designed for the payment of insolvent costs was mingled with the general funds of a county, and more than $3,000.00 arising from fines and forfeitures which was subject to orders for insolvent costs, approved by the judge of the superior court, was diverted into the general fund, mandamus affords a proper remedy; and in such circumstances the judge of the superior court did not err in granting a mandamus absolute, requiring that all moneys coming into the treasury of the county should be applied to the payment of the insolvent orders of the petitioner until the orders were paid in full. Citizens Bank v. Newton, 180 Ga. 860, 181 S.E. 171 (1935).

- Sheriff, the clerk of the superior court, and the solicitor general (now district attorney) are all officers of the court, and are entitled to receive their fees from the fine and forfeiture fund in cases if the defendants have been acquitted, or if the persons liable by law for the payment of the costs are unable to pay the costs; but there is no provision of law authorizing the payment of these fees from this fund in cases where the convicted defendant is able to pay the costs. Pound v. Faulkner, 193 Ga. 413, 18 S.E.2d 749 (1942).

Cited in 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

Payment of forfeited bonds into county treasury.

- All funds in criminal procedures from forfeitures and fines should be paid into 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.

Funds from bond forfeiture cannot be used to compensate a prosecuting witness in a 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.

- After payment of all costs, fines collected in probate court go into insolvent cost fund. 1952-53 Op. Att'y Gen. p. 38.

RESEARCH REFERENCES

Am. Jur. 2d.

- 36 Am. Jur. 2d, Forfeitures and Penalties, §§ 15 et seq., 32, 35.

- 36A C.J.S., Fines, §§ 6, 19. 37 C.J.S., Forfeitures, §§ 2, 3, 4, 45 et seq.