Jurisdiction in Counties Without State Court to Try Violations of Code Section 16-7-21; Retention of Fines and Bond Forfeitures; Transfer of Cases; Penalties

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  2. Georgia Code
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  4. Municipal Courts
  5. General Provisions
  6. Jurisdiction in Counties Without State Court to Try Violations of Code Section 16-7-21; Retention of Fines and Bond Forfeitures; Transfer of Cases; Penalties

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  1. The municipal court of each municipal corporation in counties where there is no state court is granted jurisdiction to try and dispose of any violation of Code Section 16-7-21, relating to criminal trespass, if the offense occurred within the corporate limits of such municipal corporation. The jurisdiction of such municipal court shall be concurrent with the jurisdiction of any other court within the county having jurisdiction to try and dispose of such cases.
  2. Any fines and bond forfeitures arising from the prosecution of any such case in the municipal court shall be retained by the municipal corporation and shall be paid into the treasury of such municipal corporation.
  3. Any defendant charged with a violation of Code Section 16-7-21 in a municipal court shall be entitled upon request to have the case against him or her transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
  4. A person convicted of a violation of Code Section 16-7-21 shall be punished as provided in such Code section, provided that nothing in this Code section or in Code Section 16-7-21 shall be construed to give any municipal court the right to impose a fine or punishment by imprisonment in excess of the limits as set forth in the municipality's charter.

(Code 1981, §36-32-10.1, enacted by Ga. L. 1992, p. 1281, § 1; Ga. L. 2015, p. 693, § 3-32/HB 233.)

Editor's notes.

- 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. 1 (2015).


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