In all criminal cases in which a county pays costs or fees to any officer of any court, the amount of the costs and fees so paid shall thereupon become a claim against the fine and bond forfeiture fund for the benefit of the county. The claim for the benefit of the county shall at all times take the same priority of payment as against the fine and bond forfeiture fund as though the claim or the costs and fees were still held by the officer who received the payment. Upon payment of the costs or fees, the county shall become subrogated to the rights of the officer regarding payment out of the fine and bond forfeiture fund, with all rights enjoyed by the officer to enforce same at any time.
(Ga. L. 1949, p. 1168, § 2D; Ga. L. 2015, p. 693, § 3-33/HB 233.)
The 2015 amendment, effective July 1, 2015, substituted "fine and bond forfeiture fund" for "fine and forfeiture fund" in three places in this Code section. See editor's note for applicability.
Editor's notes.- Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."
Law reviews.- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).
OPINIONS OF THE ATTORNEY GENERAL
Court costs collectible from defendant include costs of meals.
- Costs of feeding a prisoner while the prisoner is imprisoned awaiting trial are part of court costs collectible from the defendant. 1962 Op. Att'y Gen. p. 121.
Payment of fees from county fund rather than fines and forfeitures.- All fees accruing to the sheriff in felony cases should be paid from county funds rather than from the fines and forfeitures fund. 1952-53 Op. Att'y Gen. p. 321.
RESEARCH REFERENCES
Am. Jur. 2d.
- 20 Am. Jur. 2d, Costs, § 95 et seq. 73 Am. Jur. 2d, Subrogation, § 1 et seq.
C.J.S.- 36A C.J.S., Fines, § 19. 37 C.J.S., Forfeitures, §§ 39, 41.
ALR.
- Validity of obligation to pay or secure a fine or penalty, 29 A.L.R. 7.