House Bill 1412
By: Representatives McDonald III of the 26th, Efstration of the 104th, Hitchens of the 161st,
Burchett of the 176th, Hatchett of the 155th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 21 of Title 15 and Article 2 of Chapter 13 of Title 40 of the
Official Code of Georgia Annotated, relating to general provisions relative to payment and
disposition of fines and forfeitures and arrests, trials, and appeals relative to prosecution of
traffic offenses, respectively, so as to provide for payment of certain money arising from
traffic fines generated by members of the Uniform Division of the Department of Public
Safety to the general fund of the state treasury; to provide for reporting requirements; to
provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to
general provisions relative to payment and disposition of fines and forfeitures, is amended
by revising Code Section 15-21-2, relating to payment into county treasury of fines and bond
forfeitures, as follows:
"15-21-2.
(a)(1) 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.
(2) The provisions of paragraph (1) of this subsection shall not apply to:
<ins>(A) The</ins> <del>the</del> 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; <ins>and
(B) Except as otherwise specifically provided in subparagraph (A) of this paragraph,
70 percent of the remainder of any fines, after costs, imposed for violation of any traffic
offense provided in or authorized by Chapter 6 of Title 40 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, in which case such percentage shall be remitted to the general fund of
the state treasury.
</ins> (3) As used in this subsection, the term 'urban interstate system' means a portion of the
national system of interstate and defense highways which:
(A) Is located entirely within any part of this state; and
(B) 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.
<ins>(4) The clerk of the court shall report the annual county revenue generated by fines for
arrests and citations imposed by members of the Uniform Division of the Department of
</ins>
<ins>Public Safety under subparagraph (B) of paragraph (2) of this subsection to the
commissioner of public safety, the state revenue commissioner, and the county
commissioner or county board of commissioners for the county that is the subject of the
report. Such report shall be made no later than January 31 for the preceding calendar
year.
</ins> (b) 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."
SECTION 2.
Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to
arrests, trials, and appeals relative to prosecution of traffic offenses, is amended by revising
Code Section 40-13-26, relating to how sentences for traffic offenses served, disposition of
fines and costs, and definition of "urban interstate system" as follows:
"40-13-26.
(a) Defendants who plead guilty or who are convicted under this article shall be required
to serve their sentences in such manner as is provided for by law in misdemeanor cases.
In case a fine is imposed and paid, the officers of court, where on fee basis, shall first be
paid their costs arising in such case. After the payment of all costs, the remainder of such
fine shall be paid into the county treasury in the event the case is disposed of by the probate
court; if the case is disposed of by the municipal court of an incorporated municipality, the
remainder of such fine or fines shall be paid into the treasury of the municipality where the
court is located, except that where such courts have jurisdiction beyond the corporate limits
of a municipality, and the offense occurs outside the municipality, the fine shall be paid
into the county treasury; provided, however, that in any case where a fine was imposed for
violation of any traffic offense provided in or authorized by Chapter 6 of this title:
<ins>(1) On</ins> <del>on</del> any <del>'urban interstate system'</del> <ins>urban interstate system,</ins> 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, the remainder of such fine shall be
remitted to the Department of Public Safety for the maintenance and enhancement of the
<del>Department's</del> <ins>department's</ins> motorcycle program; <ins>and
(2) Except as otherwise specifically provided in paragraph (1) of this subsection, if the
arrest or citation was made or issued by a member of the Uniform Division of the
Department of Public Safety, 70 percent of the remainder of such fine shall be remitted
to the general fund of the state treasury.
(b)(1)</ins> The judge of the probate court or the person presiding over the municipal court
<del>must</del> <ins>shall</ins> pay into the county treasury, municipal treasury, <ins>state treasury,</ins> or Department
of Public Safety by the fifteenth day of each month the remainder of all fines for the
preceding month. Such payment <del>must</del> <ins>shall</ins> be accompanied by a list showing the name
of the defendant in each case, the fine imposed in each case, the costs in each case and
to whom paid, and the balance which is being paid into the treasury. The official making
such payment <del>must</del> <ins>shall</ins> be given a written receipt by the person receiving the payment.
No officer receiving a salary will receive any fees for arresting or attending court in any
case arising under this article, but the usual fees <del>must</del> <ins>shall</ins> be assessed, and, if the
arresting officer is not entitled to the costs, <del>they must</del> <ins>such funds shall</ins> go to the county
or city to which the fine is paid, <ins>to the state treasury, or the</ins> <del>or</del> Department of Public
Safety as required by this Code section.
<ins>(2) The judge of the probate court or other person presiding over the municipal court
shall report the annual municipal revenue generated by fines for arrests and citations
imposed by members of the Uniform Division of the Department of Public Safety under
paragraph (2) of subsection (a) of this Code section to the commissioner of public safety,
the state revenue commissioner, and the mayor or commission for the municipality that
</ins>
<ins>is the subject of the report. Such report shall be made no later than January 31 for the
preceding calendar year.
</ins> <del>(b)(c)</del> As used in this Code section, the term 'urban interstate system' means a portion of
the national system of interstate and defense highways which:
(1) Is located entirely within any part of this state; and
(2) 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."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.