---
title: O.C.G.A. § 15-21-100. Imposition of additional penalty for certain offenses.
collection: code
id: 15-21-100
cite_as: O.C.G.A. § 15-21-100 (2025)
canonical_url: https://georgiacommons.org/code/15-21-100
md_url: https://georgiacommons.org/code/15-21-100.md
text_url: https://georgiacommons.org/code/15-21-100/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t15-ch12-25-(v13a)-pdf.pdf?sfvrsn=487ea255_0#page=86
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COURTS / PAYMENT AND DISPOSITION OF FINES AND FORFEITURES / COUNTY DRUG ABUSE TREATMENT AND EDUCATION FUND
---

# O.C.G.A. § 15-21-100. Imposition of additional penalty for certain offenses.

(a)(1) In every case in which any court shall impose a fine, which shall be construed to include costs, for any offense prohibited by Code Section 16-13-30, 16-13-30.1, 16-13-30.2, 16-13-30.3, 16-13-30.5, 16-13-31, 16-13-31.1, 16-13-32, 16-13-32.1, 16-13-32.2, 16-13-32.3, 16-13-32.4, 16-13-32.5, or 16-13-32.6, there shall be imposed as an additional penalty a sum equal to 50 percent of the original fine. The additional 50 percent penalty shall also be imposed in every case in which a fine is imposed for violation of:

(A) Code Section 3-3-23.1;

(B) Code Section 40-6-391;

(C) Code Section 40-6-393 or 40-6-394 if the offender was also charged with a violation of Code Section 40-6-391; or

(D) Code Section 52-7-12.

(2) If no fine is provided for in the applicable Code section, and the judge places the defendant on probation, the fine authorized by Code Section 17-10-8 shall be applicable.

(b) The sums required by subsection (a) of this Code section shall be in addition to the amount required by Code Section 47-17-60 to be paid into the Peace Officers’ Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia.

## History

Code 1981, § 15-21-100, enacted by Ga. L. 1990, p. 2018, § 1; Ga. L. 1994, p. 97, § 15; Ga. L. 2012, p. 899, § 2-4/HB 1176; Ga. L. 2016, p. 443, § 1-10/SB 367.

## Law Reviews

For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 139 (2016).

For note, “Give It to Me, I’m Worth It: The Need to Amend Georgia’s Record Re-striction Statute to Provide Ex-Offenders with a Second Chance in the Employment Sector,” see 52 Ga. L. Rev. 267 (2017).

## Amendments

The 2016 amendment, effective July 1, 2016, designated the existing provisions of subsection (a) as paragraph (a)(1); redesignated former paragraphs (a)(1) and (a)(2) as present subparagraphs (a)(1)(A) and (a)(1)(B), respectively; deleted “or” at the end of present subparagraph (a)(1)(B); redesignated former paragraph (a)(3) as present subparagraph (a)(1)(C); substituted “; or” for a period at the end of present subparagraph (a)(1)(C); added subparagraph (a)(1)(D); and designated the ending undesignated paragraph as paragraph (a)(2).