HB 1478: Court Technology Funding Act; enact

House Bill 1478

By: Representatives Santos of the 117th, Holly of the 116th, Douglas of the 78th, and Kahaian of the 81st

A BILL TO BE ENTITLED

AN ACT

To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for a technology fee to be collected under certain circumstances; to provide for a short title; to provide for a purpose for such fees; to provide for imposition of additional civil filing fees and criminal penalties; to provide for adoption of county resolutions; to provide for a technology fund; to provide for technology plans; to provide for expenditure of funds collected; to preempt local Acts providing for technology fees; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-6-95, relating to priorities of distribution of fines, forfeitures, surcharges, additional fees, and cost in cases of partial payments into the court, as follows:

"15-6-95.

Notwithstanding any law to the contrary, a clerk of any superior court of this state who receives partial payments, as ordered by the court, of criminal fines, bond forfeitures, or costs shall distribute such sums in the order of priority set forth below:

(1) The amount provided for in Chapter 17 of Title 47 for the Peace Officers' Annuity and Benefit Fund;

(2) The amount provided for in Chapter 14 of Title 47 for the Superior Court Clerks' Retirement Fund of Georgia;

(3) The amount provided for in Chapter 16 of Title 47 for the Sheriffs' Retirement Fund of Georgia;

(4) The amount provided for in cases of driving under the influence for purposes of the Brain and Spinal Injury Trust Fund under Code Section 15-21-149 and the amount provided for in cases of reckless driving for purposes of the Brain and Spinal Injury Trust Fund under Code Section 15-21-151;

(5) The balance of the base fine owed to the county;

(6) The amounts provided for in Code Section 15-21-93 for jail construction and staffing;

(7) The amounts provided under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73;

(8) The amounts provided for under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73;

(9) The amount provided for in Code Section 15-21-131 for funding local victim assistance programs;

(10) The amount provided for in Code Section 36-15-9 for county law libraries;

(11) The amount provided for in cases of driving under the influence for purposes of the Georgia Crime Victims Emergency Fund under Code Section 15-21-112;

(12) The amount provided for in Code Section 15-21-100 for the Drug Abuse Treatment and Education Fund;

(13) The amount provided for in Code Section 15-21-208 for the Safe Harbor for Sexually Exploited Children Fund;

(14) The amounts provided for in subsection (d) of Code Section 42-8-34; and

(15) The application fee provided for in subsection (c) or (e) of Code Section 15-21A-6; and

(16) The amounts provided for in Code Section 15-21-224 for technology funding."

SECTION 2.

Said title is further amended by adding a new article to Chapter 21, relating to payment and disposition of fines and forfeitures, as follows:

"ARTICLE 12

15-21-220.

This article shall be known and may be cited as the 'Court Technology Funding Act.'

15-21-221.

(a) As used in this article, the term 'governing authority' means the body that governs the county, consolidated government, or municipality, as applicable.

(b) This article is enacted in order to authorize the collection of additional civil filing fees and additional penalty assessments in criminal and traffic cases and cases involving violations of ordinances of political subdivisions so as to provide that the proceeds derived therefrom may be used for court related technology needs, in all levels of courts in this state, for the use of the courts by the public, judges, prosecuting attorneys, public defenders, attorneys providing indigent defense services, probation officers, law enforcement officers, and clerks and other court officers.

15-21-222.

(a) The chief judge of any court may initiate the development of a court technology plan. Such technology plan may be developed in conjunction with other courts or jurisdictions throughout this state and shall outline how the fees collected pursuant to this article are to be utilized. The technology plan may cover any or all of the purposes for the court technology fund as listed in subsection (b) of Code Section 15-21-225 but shall also be in accordance with Judicial Council of Georgia's technology standards, when applicable. If a technology plan involves more than one court, a single court clerk shall be selected to administer the court technology fund.

(b) In order to collect a court technology fee as set forth in Code Sections 15-21-223 and 15-21-224, the governing authority for the participating court must adopt a resolution placing this article in effect, requiring the imposition and collection of the additional fees and penalties set forth in Code Sections 15-21-223 and 15-21-224, and agreeing to expend the funds collected for the purposes provided for in this article. If such additional fees and penalties will be imposed in any court operated by a municipality, the municipality and county in which such municipality lies, shall memorialize such agreement in an intergovernmental contract. Approval shall be deemed to have been granted if a governing authority does not act within 30 days after a request for approval. The additional fees and penalties set forth in Code Sections 15-21-223 and 15-21-224 shall not be imposed or collected until this subsection has been complied with.

(c) The chief judge may delegate preparation and oversight of the technology plan to a court official or court technology board, the membership of such board to be determined by the chief judge. The members shall serve at the pleasure of the chief judge. After the technology plan has received governing authority approval, the official or technology board shall oversee the court technology plan and use of the technology fund, including the approval, supervision, and oversight of the expenditure of all sums in the technology fund.

(d) Court technology plans and amendments to such plans that are approved by governing authorities shall be reported to the Judicial Council of Georgia.

15-21-223.

(a) In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional filing fee not to exceed $5.00 in each civil action or case filed in the superior, state, recorder's, mayor's, and magistrate courts if this article has been placed in effect as provided in Code Section 15-21-222. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, certiorari, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned shall be subject to such fee, whether such matter is contested or not. Such fee shall not be imposed when a filing fee is waived by law or is paid by a municipality, county, political subdivisions, or the state.

(b)(1) As used in this subsection, the term 'civil action' means:

(A) With regard to decedents' estates, the following proceedings: petition for letters of administration; petition to probate a will in solemn form; petition for an order declaring no administration necessary; petition to probate a will in solemn form and for letters of administration with will annexed; and petition for year's support;

(B) With regard to a minor guardianship matter as set forth in paragraph (1) of subsection (f) of Code Section 15-9-60, the proceeding by which the jurisdiction of the probate court is first invoked;

(C) With regard to an adult guardianship matter as set forth in paragraph (1) of subsection (g) of Code Section 15-9-60, the proceeding by which the jurisdiction of the probate court is first invoked; and

(D) An application for writ of habeas corpus.

(2) In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional fee not to exceed $5.00 in each civil action filed in the probate court if this article has been placed in effect as provided in Code Section 15-21-222. For the purposes of the imposition of the civil filing fee required by this subsection, the probate court shall collect the civil filing fee on each proceeding listed in subparagraph (A) of paragraph (1) of this subsection involving a decedent but once only in a guardianship matter involving the same ward or an application for writ of habeas corpus involving the same applicant.

(c) Each clerk of court or any other officer or agent of any court receiving any funds subject to this Code section shall collect the fee provided for in this Code section, and by the last day of the month after the month of collection pay the fees into a specially designated technology fund to be administered by the clerk of court. The fund shall be separate from all other funds held by the clerk, and the chief judge shall determine how expenditures shall be approved as set forth in this article.

(d) Any governing authority that approves a technology plan may request an audit of such fund.

15-21-224.

(a) In every case in which any superior court, state court, probate court, magistrate court, municipal court, or other court in any county or municipality in which this article has been placed in effect as provided in Code Section 15-21-222 shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of this state or any ordinance of a political subdivision thereof, there shall be imposed as an additional penalty not to exceed $5.00.

(b) The sum provided by subsection (a) of this Code section shall be in addition to any other amount required by law to paid from or added to a criminal fine or ordinance violation.

(c) Each clerk of court or any other officer or agent of any court receiving any funds subject to this Code section shall collect the fee provided for in this Code section, and by the last day of the month after the month of collection pay the fees into a specially designated technology fund to be administered by the clerk of court. The fund shall be separate from all other funds held by the clerk, and the chief judge shall determine how expenditures are approved as set forth in this article.

(d) Any governing authority that approves a technology plan may request an audit of such fund.

15-21-225.

(a) The sums accumulated pursuant to this article shall be used exclusively to provide for the technology needs, in all levels of courts in this state, for the use of the courts by the public, judges, prosecuting attorneys, public defenders, attorneys providing indigent defense services, probation officers, law enforcement officers, and clerks and other court officers of the court.

(b) The use of the sums accumulated pursuant to this article may be expended for the following:

(1) Securing the services of employees or independent contractors to manage, maintain, install, and repair computer and networking hardware and software; to provide purchasing information and recommendations; to provide technical assistance; to coordinate and manage network, internet, and other such data connections; and for any and all reasonable and necessary related tasks;

(2) Computer hardware and software purchases and leases, including maintenance and installation of computer hardware and software;

(3) Purchase, lease, maintenance, and installation of electronic courthouse systems, including, but not limited to, imaging, scanning, facsimile, communications, projection, evidence display systems, courthouse directional displays, audio or video-enhancement technology for hearing impaired persons, security and surveillance systems, and printing equipment and software;

(4) Purchase, lease, maintenance, and installation of networking, internet, and other connectivity services to permit related offices to link and share information;

(5) Training directly related to the use of operation of court information technology applications or court information hardware; and

(6) Contracts for any and all of the services provided for in this subsection with any individual or entity supplying such services, expertise, or equipment.

(c) This article shall not preclude the appropriation or expenditure of other funds by a governing authority or by the General Assembly for the purpose of funding court related technology needs.

(d) This article shall not preclude donations, gifts, grants, or bequests, in-kind or monetary, from being accepted into the technology fund.

15-21-226.

Beginning August 1, 2028, each court shall make an annual report to the Judicial Council of Georgia detailing amounts received pursuant to this article, including the court source and the expenditure of such fees.

15-21-227.

Except as provided in this Code section, on and after July 1, 2027, no local law providing for court technology fees shall be enacted, and all local Acts creating technology fees are hereby preempted. Funds held by a court pursuant to a local Act enacted prior to July 1, 2027, may continue to be used in the same manner and for the same purposes provided in any such previously enacted local Act, except that, in any court in which a technology plan is adopted pursuant to this article, the previously collected funds may be held and used in accordance with such technology plan."

SECTION 3.

This Act shall become effective on July 1, 2027, and shall apply to all civil cases filed on or after that date and all criminal penalties or ordinance violation penalties imposed on offenses that occur on or after that date, if the provisions of this Act have been adopted by local governing authorities as provided in Code Section 15-21-222.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.