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; <del>and
</del> (15) The application fee provided for in subsection (c) or (e) of Code Section 15-21A-6;
<ins>and
(16) The amounts provided for in Code Section 15-21-224 for technology funding."
</ins> 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:
<ins>"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.
</ins>
<ins>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.
</ins>
<ins>(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.
</ins>
<ins>(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.
</ins>
<ins>(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
</ins>
<ins>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."
</ins>
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.