O.C.G.A. § 15-6-95

Priorities of distribution of fines, bond forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court

— Code 1981, § 15-6-95, enacted by Ga

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:

(1) The amount provided for in Chapter 17 of Title 47 for the Peace Officers’ Annuity and Benefit Fund;

(2) The amount provided for in Chapter 14 of Title 47 for the Superior Court Clerks’ Retirement Fund of Georgia;

(3) The amount provided for in Chapter 16 of Title 47 for the Sheriffs’ Retirement Fund of Georgia;

(4) 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 and the amount provided for in cases of reckless driving for purposes of the Brain and Spinal Injury Trust Fund under Code Section 15-21-151;

(5) The balance of the base fine owed to the county;

(6) The amounts provided for in Code Section 15-21-93 for jail construction and staffing;

(7) The amounts provided under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73;

(8) The amounts provided for under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73;

(9) The amount provided for in Code Section 15-21-131 for funding local victim assistance programs;

(10) The amount provided for in Code Section 36-15-9 for county law libraries;

(11) 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;

(12) The amount provided for in Code Section 15-21-100 for the Drug Abuse Treatment and Education Fund;

(13) The amount provided for in Code Section 15-21-208 for the Safe Harbor for Sexually Exploited Children Fund;

(14) The amounts provided for in subsection (d) of Code Section

42-8-34; and

(15) The application fee provided for in subsection (c) or (e) of Code

Section 15-21A-6.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.

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Versions

Feb 1, 2022 – presentcurrentviewing
Official Code of Georgia Annotated — Release 83 (public.resource.org cic-code CC0) — released 2022-02-01
▸ what changed
Source credit
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.
Dec 1, 2020 – Feb 1, 2022
Official Code of Georgia Annotated — Release 78 (public.resource.org cic-code CC0) — released 2020-12-01
▸ what changed changes vs current →
Source credit
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.) 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."
Dec 1, 2018 – Dec 1, 2020
Official Code of Georgia Annotated — Release 70 (public.resource.org cic-code CC0) — released 2018-12-01
changes vs current →
Source credit
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. 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."

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