Notwithstanding any law to the contrary, a clerk of any superior court of this state who receives partial payments, as ordered by the court, of criminal fines, bond forfeitures, or costs shall distribute such sums in the order of priority set forth below:
(Code 1981, §15-6-95, enacted by Ga. L. 1993, p. 374, § 1; Ga. L. 1994, p. 97, § 15; Ga. L. 2004, Ex. Sess., p. ES3, § 3/HB 1EX; Ga. L. 2005, p. 1461, § 1/SB 226; Ga. L. 2006, p. 343, § 2/SB 637; Ga. L. 2008, p. 846, § 5/HB 1245; Ga. L. 2012, p. 993, § 2/SB 50; Ga. L. 2013, p. 141, § 15/HB 79; Ga. L. 2015, p. 675, § 3-2/SB 8; Ga. L. 2015, p. 693, § 3-13/HB 233; Ga. L. 2020, p. 586, § 1/HB 576.)
The 2020 amendment, effective August 3, 2020, substituted the present provisions of paragraph (4) for the former provisions, which read: "The amounts provided under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73"; substituted the present provisions of paragraph (5) for the former provisions, which read: "The amounts provided for under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73"; substituted the present provisions of paragraph (7) for the former provisions, which read: "The amount provided for in Code Section 15-21-131 for funding local victim assistance programs"; substituted the present provisions of paragraph (8) for the former provisions, which read: "The amount provided for in Code Section 36-15-9 for county law libraries"; substituted the present provisions of paragraph (9) for the former provisions, which read: "The balance of the base fine owed to the county"; substituted the present provisions of paragraph (10) for the former provisions, which read: "The amount provided for in cases of driving under the influence for purposes of the Georgia Crime Victims Emergency Fund under Code Section 15-21-112"; substituted the present provisions of paragraph (11) for the former provisions, which read: "The application fee provided for in subsection (c) or (e) of Code Section 15-21A-6"; substituted the present provisions of paragraph (12) for the former provisions, which read: "The amount provided for in cases of driving under the influence for purposes of the Brain and Spinal Injury Trust Fund under Code Section 15-21-149"; substituted the present provisions of paragraph (13) for the former provisions, which read: "The amount provided for in Code Section 15-21-100 for the Drug Abuse Treatment and Education Fund"; and substituted the present provisions of paragraph (15) for the former provisions, which read: "The amount provided for in Code Section 15-21-208 for the Safe Harbor for Sexually Exploited Children Fund".
Code Commission notes.- This Code section was enacted as Code Section 15-6-94, but has been renumbered as Code Section 15-6-95, since Ga. L. 1993, p. 1544, § 1, also enacted a Code Section 15-6-94.
Editor's notes.- Ga. L. 2015, p. 675, § 1-1/SB 8, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Safe Harbor/Rachel's Law Act.'"
Ga. L. 2015, p. 675, § 1-2/SB 8, not codified by the General Assembly, provides that: "(a) The General Assembly finds that arresting, prosecuting, and incarcerating victimized children serves to retraumatize children and increases their feelings of low self-esteem, making the process of recovery more difficult. The General Assembly acknowledges that both federal and state laws recognize that sexually exploited children are the victims of crime and should be treated as victims. The General Assembly finds that sexually exploited children deserve the protection of child welfare services, including family support, crisis intervention, counseling, and emergency housing services. The General Assembly finds that it is necessary and appropriate to adopt uniform and reasonable assessments and regulations to help address the deleterious secondary effects, including but not limited to, prostitution and sexual exploitation of children, associated with adult entertainment establishments that allow the sale, possession, or consumption of alcohol on premises and that provide to their patrons performances and interaction involving various forms of nudity. The General Assembly finds that a correlation exists between adult live entertainment establishments and the sexual exploitation of children. The General Assembly finds that adult live entertainment establishments present a point of access for children to come into contact with individuals seeking to sexually exploit children. The General Assembly further finds that individuals seeking to exploit children utilize adult live entertainment establishments as a means of locating children for the purpose of sexual exploitation. The General Assembly acknowledges that many local governments in this state and in other states found deleterious secondary effects of adult entertainment establishments are exacerbated by the sale, possession, or consumption of alcohol in such establishments.
"(b) The purpose of this Act is to protect a child from further victimization after he or she is discovered to be a sexually exploited child by ensuring that a child protective response is in place in this state. The purpose and intended effect of this Act in imposing assessments and regulations on adult entertainment establishments is not to impose a restriction on the content or reasonable access to any materials or performances protected by the First Amendment of the United States Constitution or Article I, Section I, Paragraph V of the Constitution of this state."
Ga. L. 2015, p. 675, § 6-1(b)/SB 8, provides that the 2015 amendment becomes effective on January 1, 2017, provided that a constitutional amendment is passed by the General Assembly and is ratified by the voters in the November, 2016, General Election amending the Constitution of Georgia to authorize the General Assembly to provide specific funding to the Safe Harbor for Sexually Exploited Children Fund. The constitutional amendment (Ga. L. 2015, p. 1497, § 1/SR 7) was ratified at the general election held on November 8, 2016.
Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: "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. 43 (2015). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).
OPINIONS OF THE ATTORNEY GENERAL
Payments to higher priority recipients.
- Amount owing to a higher priority recipient must be paid in the entirety before distribution is made to a lower priority recipient. 2003 Op. Att'y Gen. No. 2003-4.
Amendment of original fine.- If the sentencing court amends the fine to the amount paid rather than merely suspending payment of the remaining balance, the clerk of court must amend the additional penalty and surcharge amounts so as to make the fines statutorily consistent with the amended original fine. 2003 Op. Att'y Gen. No. 2003-4.
In the event partial payments are distributed from each fund in a proportional amount to the sums collected as each payment is received, and the sentencing court subsequently amends the original fine amount, the amount due each particular fund would need to be recalculated and any excess distributions redistributed by the court officer charged with the duty of collecting moneys arising from fines. 2003 Op. Att'y Gen. No. 2003-4.
Proportional distribution system.- Proportional or pro rata distribution system is appropriate for any court that is legally required to collect fines and moneys arising from fines. 2003 Op. Att'y Gen. No. 2003-4.
Local ordinances.
- Local governing authorities are not authorized to enact local ordinances that differ from O.C.G.A. § 15-6-95. 2004 Op. Att'y Gen. No. 2004-10.