HB1412: HB1412 Courts; payment of certain money arising from traffic fines generated by members of the Uniform Division of the Department of Public Safety; provide

26 LC 63 0039 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 the1 Official Code of Georgia Annotated, relating to general provisions relative to payment and2 disposition of fines and forfeitures and arrests, trials, and appeals relative to prosecution of3 traffic offenses, respectively, so as to provide for payment of certain money arising from4 traffic fines generated by members of the Uniform Division of t he Department of Public5 Safety to the general fund of the state treasury; to provide fo r reporting requirements; to6 provide for related matters; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Article 1 of Chapter 21 of Title 15 of the Official Code of Geo rgia Annotated, relating to10 general provisions relative to payment and disposition of fines and forfeitures, is amended11 by revising Code Section 15-21-2, relating to payment into county treasury of fines and bond12 forfeitures, as follows:13 "15-21-2.14 (a)(1) The clerks of the several courts shall pay into the cou nty treasury of the county15 where the court is held all moneys arising from fines and bond forfeitures collected by16 H. B. 1412 - 1 - 26 LC 63 0039 them and, upon failure to do so, shall be subject to rule and attachment as in the case of17 defaulting sheriffs.18 (2) The provisions of paragraph (1) of this subsection shall not apply to:19 (A) The the remainder of any fines, after costs, imposed for violation of any traffic20 offense provided in or authorized by Chapter 6 of Title 40 on an urban interstate system21 if the arrest or citation in such case was made or issued by a member of the Uniform22 Division of the Department of Public Safety's motorcycle enforcement unit, in which23 case such remainder shall be remitted to the Department of Public Safety and used for24 the maintenance and enhancement of the department's motorcycle enforcement25 program; and26 (B) Except as otherwise specifically provided in subparagraph (A) of this paragraph,27 70 percent of the remainder of any fines, after costs, imposed for violation of any traffic28 offense provided in or authorized by Chapter 6 of Title 40 if t he arrest or citation in29 such case was made or issued by a member of the Uniform Division of the Department30 of Public Safety, in which case such percentage shall be remitted to the general fund of31 the state treasury.32 (3) As used in this subsection, the term 'urban interstate system' means a portion of the33 national system of interstate and defense highways which:34 (A) Is located entirely within any part of this state; and35 (B) Includes a single numbered interstate highway which forms a closed loop or36 perimeter.37 Where these conditions exist, the urban interstate system shall consist of the interstate38 highway constituting the closed loop or perimeter and all interstate highways or portions39 thereof located within such loop or perimeter, not including any portion of any interstate40 highway outside of the loop or perimeter.41 (4) The clerk of the court shall report the annual county revenue generated by fines for42 arrests and citations imposed by members of the Uniform Division of the Department of43 H. B. 1412 - 2 - 26 LC 63 0039 Public Safety under subparagraph (B) of paragraph (2) of this s ubsection to the44 commissioner of public safety, the state revenue commissioner, and the county45 commissioner or county board of commissioners for the county that is the subject of the46 report. Such report shall be made no later than January 31 for the preceding calendar47 year.48 (b) No officer shall be required to pay any money into the treasury until all the legal claims49 on the funds held and owned by the officer bringing the money into court in the particular50 case by which the funds for distribution were brought into cour t have been allowed and51 paid."52 SECTION 2.53 Article 2 of Chapter 13 of Title 40 of the Official Code of Geo rgia Annotated, relating to54 arrests, trials, and appeals relative to prosecution of traffic offenses, is amended by revising55 Code Section 40-13-26, relating to how sentences for traffic offenses served, disposition of56 fines and costs, and definition of "urban interstate system" as follows:57 "40-13-26.58 (a) Defendants who plead guilty or who are convicted under this article shall be required59 to serve their sentences in such manner as is provided for by law in misdemeanor cases. 60 In case a fine is imposed and paid, the officers of court, where on fee basis, shall first be61 paid their costs arising in such case. After the payment of all costs, the remainder of such62 fine shall be paid into the county treasury in the event the case is disposed of by the probate63 court; if the case is disposed of by the municipal court of an incorporated municipality, the64 remainder of such fine or fines shall be paid into the treasury of the municipality where the65 court is located, except that where such courts have jurisdiction beyond the corporate limits66 of a municipality, and the offense occurs outside the municipal ity, the fine shall be paid67 into the county treasury; provided, however, that in any case where a fine was imposed for68 violation of any traffic offense provided in or authorized by Chapter 6 of this title:69 H. B. 1412 - 3 - 26 LC 63 0039 (1) On on any 'urban interstate system' urban interstate system, if the arrest or citation in70 such case was made or issued by a member of the Uniform Division of the Department71 of Public Safety's motorcycle enforcement unit, the remainder o f such fine shall be72 remitted to the Department of Public Safety for the maintenance and enhancement of the73 Department's department's motorcycle program; and74 (2) Except as otherwise specifically provided in paragraph (1) of this subsection, if the75 arrest or citation was made or issued by a member of the Unifor m Division of the76 Department of Public Safety, 70 percent of the remainder of such fine shall be remitted77 to the general fund of the state treasury. 78 (b)(1) The judge of the probate court or the person presiding over t he municipal court79 must shall pay into the county treasury, municipal treasury, state treasury, or Department80 of Public Safety by the fifteenth day of each month the remaind er of all fines for the81 preceding month. Such payment must shall be accompanied by a list showing the name82 of the defendant in each case, the fine imposed in each case, the costs in each case and83 to whom paid, and the balance which is being paid into the treasury. The official making84 such payment must shall be given a written receipt by the person receiving the payment. 85 No officer receiving a salary will receive any fees for arresting or attending court in any86 case arising under this article, but the usual fees must s h a l l be assessed, and, if the87 arresting officer is not entitled to the costs, they must such funds shall go to the county88 or city to which the fine is paid, to the state treasury, or th e or Department of Public89 Safety as required by this Code section.90 (2) The judge of the probate court or other person presiding o ver the municipal court91 shall report the annual municipal revenue generated by fines fo r arrests and citations92 imposed by members of the Uniform Division of the Department of Public Safety under93 paragraph (2) of subsection (a) of this Code section to the commissioner of public safety,94 the state revenue commissioner, and the mayor or commission for the municipality that95 H. B. 1412 - 4 - 26 LC 63 0039 is the subject of the report. Such report shall be made no lat er than January 31 for the96 preceding calendar year.97 (b)(c) As used in this Code section, the term 'urban interstate system' means a portion of98 the national system of interstate and defense highways which:99 (1) Is located entirely within any part of this state; and100 (2) Includes a single numbered interstate highway which forms a closed loop or101 perimeter.102 Where these conditions exist, the urban interstate system shall consist of the interstate103 highway constituting the closed loop or perimeter and all interstate highways or portions104 thereof located within such loop or perimeter, not including any portion of any interstate105 highway outside of the loop or perimeter."106 SECTION 3.107 All laws and parts of laws in conflict with this Act are repealed.108 H. B. 1412 - 5 -