Legislation

Passed during the 2020 legislative session, this bill modifies O.C.G.A. § 15-6-95 changing the partial payment priority schedule for Superior Court. Also, the bill became effective upon the Governor's signature or when it becomes law without such approval. This bill has an effective date of August 3, 2020.

Passed during the 2020 legislative session, this bill modifies O.C.G.A. § 47-17-60 changing the assessment and calculation of Peace Officers' Annuity and Benefit Fund, POAB, for fines, bonds, and pretrial diversion fees. Affecting all courts, POAB is modified to be (1) a surcharge that is the greater of $10 or 10% of each fine, (2) a deduction that is the greater of $10 or 10% of each bond, forfeited and (3) a deduction that is the greater of $5 or 5% of each pretrial diversion fee. This bill has an effective date of July 1, 2020.

Passed during the 2019 legislative session, this bill modifies O.C.G.A. § 15-21-179, Driver Education and Training Fund, extending the repeal date to June 30, 2022. This bill has an effective date of July 1, 2019.

Passed during the 2019 legislative session, this bill modifies O.C.G.A. § 15-6-77(l), requiring any postjudgement proceeding filed more than 30 days after judgment or dismissal in an action be given a new case number and only the filing fees enumerated in O.C.G.A. § 15-6-77 be assessed. For these civil filings, civil surcharges would not apply but deductions would apply. May affect state courts depending on enabling legislation. This bill has an effective date of May 7, 2019.

Passed during the 2019 legislative session, this bill modifies O.C.G.A. § 15-6-77(b) to include Clerks' Retirement Fund as a deduction on all filings fees enumerated in O.C.G.A. § 15-6-77. This includes but is not limited to trade names, notary applications, other civil filings, financing statements, deeds, liens and plats. May affect state courts depending on enabling legislation. Additionally, HB 288 modifies the fee schedule for deeds, liens, plats and financing statements (UCCs) and repeals fee provisions for counties of certain sizes. This bill has an effective date of January 1, 2020.

Passed during the 2019 legislative session, this bill modifies O.C.G.A. § 47-17-60 requiring clerks to remit Peace Officers' Annuity and Benefit Fund, POAB, monies collected from pre-trial diversion fees to the secretary-treasurer of POAB. This bill has an effective date of July 1, 2019.

Passed during the 2019 legislative session, this bill modifies O.C.G.A. § 16-6-14 from incurring the Safe Harbor Fund surcharge of $2,500.00. This bill has an effective date of July 1, 2019.

Passed during the 2018 legislative session, this bill requires the collection of pre-trial diversion fees and deduction of $5 for POAB. The clerk of court is required to collect and account for pre-trial diversion fees. For each pre-trial diversion fee, $5 is deducted for POAB. The clerk remits the pre-trial diversion fee and POAB deduction to the political subdivision with a POAB approved form which is available at https://poab.georgia.gov. The political subdivision remits the $5 deduction to POAB. This bill has an effective date of July 1, 2018.

Passed during the 2018 legislative session, this bill provides courts may waive the imposition of a fine upon determination a defendant has significant financial hardship. If waived under this paragraph, the court shall impose of a theoretical fine requiring the defendant pay statutory surcharges. This bill has an effective date of May 7, 2018.

Passed during the 2018 legislative session, this bill creates fines which do not incur surcharges and reserves O.C.G.A. §§ 40-6-241.1 (ban of cell phone use for certain persons) and 40-6-241.2 (no texting while driving). Deductions would apply. This bill has an effective date of July 1, 2018.

Passed during the 2017 legislative session, this bill provides for the earmarking of monies to the Georgia State Indemnification Fund (GSIF) for all courts. This bill has an effective date of July 1, 2017.

Passed during the 2015 legislative session, this bill provides for the creation of a new Safe Harbor Fund surcharge for all courts.

Passed during the 2016 legislative session, this bill modifies O.C.G.A. § 15-21-179, Driver Education and Training Fund, extending the repeal date to June 30, 2019. This bill has an effective date of April 26, 2016.

Passed during the 2016 legislative session, this bill removes O.C.G.A. § 36-15-9, Law Library, from O.C.G.A. § 15-6-77(b) related to civil filings. This bill modified Law Library to no longer be included in civil filing fees for Superior Courts but to be an add-on for Superior Court civil filings. This bill has an effective date of April 26, 2016.

Passed during the 2016 legislative session, this bill modifies O.C.G.A. § 15-21-100, adding the violation of O.C.G.A. § 52-7-12 to incur the 50% DATE fund surcharge. This bill has an effective date of July 1, 2016.

Passed during the 2014 legislative session, this bill modifies O.C.G.A. § 15-21-151, adding the violation of O.C.G.A. § 40-6-390, reckless driving, to incur the 10% Brain and Spinal Injury Trust Fund, BSITF, surcharge. This bill has an effective date of January 1, 2015.

Passed during the 2013 legislative session, this bill decreases the assessment of Driver Education and Training Fund, DETF, from 5% to 1.5%. This bill has an effective date of May 6, 2013.

Passed during the 2012 legislative session, this bill changes the partial payment priority schedule for Superior Court. This bill has an effective date of July 1, 2012. GSCCCA Board of Directors adopted this priority schedule for State Court upon the bill's effective date.

Passed during the 2012 legislative session, this bill increases the assessment of Probate Judges Retirement fund for criminal cases. This bill has an effective date of July 1, 2012.

Passed during the 2012 legislative session, this bill modifies O.C.G.A. § 15-21-100, adding violations which incur the 50% DATE fund surcharge. This bill has an effective date of July 1, 2012.

Passed during the 2011 legislative session, this bill changes fees related to Superior Court Clerks' offices as well as exempts notary public applicants from paying the $125 Judicial Operations Fund Fee. This bill became effective upon the Governor's signature on March 16, 2011.

Passed during the 2010 legislative session, this bill provides for the creation of a new Judicial Operations Fund Fee for Superior and State courts.

Passed during the 2009 legislative session, this bill amends funding regarding Superior Court Clerks' Retirement Fund.

Passed during the 2008 legislative session, this bill amends several statutes related to court fines and fees. The primary issues addressed in the bill affecting the processing of court fines and fees include: (1) processing interest income earned on trust accounts, (2) applicable surcharges at the time of posting bail or bond and the appropriate distribution on subsequent forfeiture, (3) the $50 indigent defense application fee applicable to Superior and Juvenile courts and (4) the extension of the 5% surcharge on traffic violations, Driver Education and Training Fund. This bill has an effective date of July 1, 2008.

• GPDC list of governing authorities with Approved Indigent Income Verification Systems

Passed during the 2006 legislative session, SB 244 creates the Magistrates Retirement Fund adding the $3 civil fee for magistrate court.

Passed during the 2006 legislative session, SB 203 modified the remittance of Local Victim Assistance Programs, LVAP, fund monies. If a county participates or operates in a CJCC certified victim assistance program, then LVAP monies are remitted to the county governing authority. If a county does not participate or operate in a CJCC certified victim assistance program, then LVAP monies are remitted to the district attorney of the judicial circuit in which the county is located. To view the full listing of CJCC certified victim assistance programs, click the link below. This bill has an effective date of July 1, 2006.

• Listing of CJCC Certified Programs

Passed during the 2005-2006 legislative session, this bill provides for the creation and funding of the Georgia Driver's Education Commission.

Enabling legislation for the Fines and Fees Project.