(a.1) The greater of 5 percent or $5.00 of each fee collected prior to adjudication of guilt for purposes of pretrial diversion pertaining to any criminal or quasi-criminal case for violation of state statutes, county ordinances, or municipal ordinances as provided for in subsection (f) of Code Section 15-18-80, which case is before any court or tribunal in this state, shall be paid to the secretary-treasurer. The clerk of court as provided for in subsection (f) of Code Section 15-18-80 shall pay such amounts to the secretary-treasurer on the first day of the month following that in which they were collected or at such other time as the board may provide. With such payment there shall be filed an acceptable form from the clerk of court which shows the number of cases in each of the above categories and the amounts due in each category. It shall be the duty of the clerk of court to keep accurate records of the amounts due the board so that the records may be audited or inspected at any time by any representative of the board under its direction. Sums remitted to the secretary-treasurer under this Code section shall be used as provided for elsewhere in this chapter.
History. Ga. L. 1950, p. 50, § 10; Ga. L. 1953, Jan.-Feb. Sess., p. 574, § 2; Ga. L. 1956, p. 280, § 9; Ga. L. 1958, p. 341, § 5; Ga. L. 1959, p. 330, § 2; Ga. L. 1966, p. 395, § 1; Ga. L. 1970, p. 93, § 1; Ga. L. 1975, p. 578, § 1; Ga. L. 1987, p. 475, § 1; Ga. L. 1989, p. 225, § 1; Ga. L. 2018, p. 906, § 2/SB 369; Ga. L. 2019, p. 787, § 2/SB 73; Ga. L. 2020, p. 581, § 3/SB 249.
The 2018 amendment, effective July 1, 2018, added subsection (a.1).
The 2019 amendment, effective July 1, 2019, added “or” at the end of paragraph (a)(3); substituted “The clerk of court” for “The political subdivision” at the beginning of the second sentence of subsection (a.1); and deleted the former third sentence of subsection (b), which read: “All funds due on or before April 1, 1966, and not paid shall be delinquent after the expiration of 60 days from that date.”
The 2020 amendment, effective July 1, 2020, in subsection (a), rewrote the introductory paragraph, which read: “A portion of each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state statutes, county ordinances, or municipal ordinances, which case is before any court or tribunal in this state, shall be paid to the secretary-treasurer according to the following schedule:”, and deleted former paragraphs (a)(1) through (a)(4); in subsection (a.1), substituted “The greater of 5 percent or $5.00” for “Five dollars” at the beginning of the first sentence, and substituted “The clerk of court” for “The political subdivision” at the beginning of the second sentence. See Editor’s notes for comment.
Editor’s notes.
Ga. L. 2020, p. 581, § 5/SB 249, provides: “This Act shall become effective on July 1, 2020, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the ‘Public Retirement Systems Standards Law’; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2020, as required by subsection (a) of Code Section 47-20-50.” However, the Act was not signed by the Governor until August 3, 2020. The State Auditor’s determination letter on concurrent funding of fiscal retirement bills provided: “[I]t is unclear as to the effective date of this bill. Based on the information received by the Fund’s actuary, Senate Bill 249 met the provisions for concurrent funding had it become effective on July 1, 2020.” See the state auditor’s report at Ga. L. 2020, p. 380A.
Structure Georgia Code