Deposit of Cash Bonds and Reserves of Professional Bondspersons in Interest-Bearing Accounts; Disposition of Interest

  1. Law
  2. Georgia Code
  3. Courts
  4. Sheriffs
  5. General Provisions
  6. Deposit of Cash Bonds and Reserves of Professional Bondspersons in Interest-Bearing Accounts; Disposition of Interest

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  1. Unless transferred to the appropriate clerk of court, the sheriff shall deposit cash bonds held by the sheriff in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36.
  2. The financial institution in which the funds are deposited shall remit, after service charges or fees are deducted, the interest generated by such funds directly to the Georgia Superior Court Clerks' Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the Georgia Public Defender Council. With each remittance, the financial institution shall send a statement showing the name of the county, deposits and withdrawals from the account or accounts, interest paid, service charges or fees of the bank or other depository, and the net remittance.
  3. In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the sheriff shall be exempt from subsections (a) and (b) of this Code section. In such counties, the sheriff shall send a written notice to the Georgia Superior Court Clerks' Cooperative Authority.

(Code 1933, § 24-2813.1, enacted by Ga. L. 1982, p. 991, § 1; Code 1981, §15-16-27, enacted by Ga. L. 1982, p. 991, § 2; Ga. L. 1983, p. 3, § 12; Ga. L. 1992, p. 1689, § 1; Ga. L. 1993, p. 1673, § 1; Ga. L. 1994, p. 1179, § 1; Ga. L. 1999, p. 81, § 15; Ga. L. 2003, p. 191, § 6; Ga. L. 2008, p. 846, § 9/HB 1245; Ga. L. 2015, p. 519, § 8-6/HB 328.)

The 2015 amendment, effective July 1, 2015, deleted "Standards" following "Defender" at the end of the first sentence of subsection (b).

Editor's notes.

- Ga. L. 1993, p. 1673, § 2, provides that this Code section applies "to cash bonds and cash reserves of professional bondspersons received by sheriffs on or after July 1, 1993; provided, however, that on and after July 1, 1993, sheriffs governed by this Act shall exercise their discretion in determining whether to deposit in accordance with this Act cash bonds and cash reserves of professional bondspersons held by the sheriff which were received by the sheriff before July 1, 1993."

Law reviews.

- For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 105 (2003).

OPINIONS OF THE ATTORNEY GENERAL

Subsection (a).

- Since O.C.G.A. § 15-16-27(a) specifies "cash bonds held by the sheriff," the section does not apply to bonds posted by professional bondpersons. 1999 Op. Att'y Gen. No. U99-9.

Interest remitted to Georgia Indigent Defense Council.

- When sheriffs hold cash bonds, the funds must be placed in interest-bearing trust accounts, and the interest remitted to the Georgia Indigent Defense Council. The requirement does not apply to all funds held by sheriffs or to any funds held by other law enforcement agencies. 1997 Op. Att'y Gen. No. U97-21.

Interest from cash bonds transferred by a sheriff to the appropriate clerk of court is not required to be remitted to the Georgia Indigent Defense Council unless the statute governing the particular clerk requires that the clerk remit interest to the Council. 1999 Op. Att'y Gen. No. U99-9.


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