Imposition of Additional Penalty in Fine Cases; Additional Sum Required When Posting Bail or Bond

  1. Law
  2. Georgia Code
  3. Courts
  4. Payment and Disposition of Fines and Forfeitures
  5. Jail Construction and Staffing
  6. Imposition of Additional Penalty in Fine Cases; Additional Sum Required When Posting Bail or Bond

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    1. 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 15-21-92 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 a sum equal to 10 percent of the original fine.
    2. At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or ordinance of a political subdivision thereof, an additional sum equal to 10 percent of the original amount of bail or bond shall be posted. In every case in which any superior court, state court, probate court, magistrate court, municipal court, or other court shall order the forfeiture of bail or bond, the additional sum equal to 10 percent of the original bail or bond shall be paid over as provided in Code Section 15-21-94.
  2. Such sums required by subsection (a) of this Code section shall be in addition to that 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.

(Code 1981, §15-21-93, enacted by Ga. L. 1989, p. 1753, § 1.)

Cross references.

- Assessment of costs in criminal cases, Uniform Superior Court Rules, Rule 36.15.

JUDICIAL DECISIONS

Surcharges.

- Surcharges of $1,000 on a $10,000 fine, applied for jail construction and maintenance, did not exceed the statutory maximum of the total fine and were not illegal. Phillips v. State, 236 Ga. App. 744, 512 S.E.2d 32 (1999).

OPINIONS OF THE ATTORNEY GENERAL

Additional fee under paragraph (a)(2).

- Additional 10 percent sum authorized by O.C.G.A. § 15-21-93(a)(2) is mandatory. The provisions of this statute should not be applied, however, except to bail or bond posted by an individual who has been adjudged guilty. The fee on bail or bond should be applied in all applications for bail or bond made after January 1, 1990, regardless of the date upon which the offense was committed. 1990 Op. Att'y Gen. No. U90-4.

Surcharge is an additional penalty to be added to the fine and to the amount of any bail or bond established by the court. 1996 Op. Att'y Gen. No. U96-8.

Reduction on city's inmate housing bill.

- Jail Construction and Staffing Act, O.C.G.A. § 15-21-90 et seq., does not prohibit a county from considering a reduction on a city's inmate housing bill in the amount equivalent to the required 10 percent add on moneys paid to the county. 1998 Op. Att'y Gen. No. U98-7.


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