Definitions

1. Law
2. Georgia Code
3. Criminal Procedure
4. Assessment and Payment of Costs of Criminal Proceedings
5. Reimbursement of Counties for Expenses of Capital Felony Prosecutions
6. Definitions

As used in this article, the term:

1. "Capital felony case" means a criminal case in which the death penalty may be imposed upon the defendant under the laws of this state.
2. "Capital felony expenses" means expenses incurred by a county and paid from county funds as a direct result of a capital felony case being tried by a superior court. The term includes expenses from the date of the arrest of the defendant to the date of the superior court conviction, expenses from the date of the conviction until the date of the last appellate court affirmance of the conviction, expenses from the last appellate court reversal to any subsequent superior court convictions or retrials, expenses from any retrials to the last appellate court action on the conviction, expenses from the date of the arrest of the defendant to the date of the defendant's release if there is no conviction or if the conviction is reversed and there is no retrial, or expenses during any combination of these periods. The term shall not include the following expenses:
   1. Any expenses reimbursed by or pursuant to state law;
   2. The salaries, compensation, and expenses of all county officers and employees, except for any compensation and expenses of temporary employees employed as a direct result of the capital felony case or extraordinary expenses incurred by county officers and employees as a direct result of the capital felony case; and
   3. County paid supplements to the salaries or compensation of state officers and employees.
3. "Commissioner" means the commissioner of community affairs.
4. "County revenue" means the most current available total of adjusted taxes as determined from the annual financial report relating to local government finances filed by the county with the Department of Community Affairs pursuant to Code Section 36-81-8.

(Ga. L. 1979, p. 504, § 2; Ga. L. 1983, p. 395, § 1; Ga. L. 1988, p. 1859, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1987, "County paid" was substituted for "County-paid" at the beginning of subparagraph (2)(C).

Law reviews.

- For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979).

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, §§ 18, 19, 22 et seq.

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