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O.C.G.A. § 15-21-110 — Constitutional authority for enactment of article | Georgia Code

O.C.G.A. § 15-21-110 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 15 COURTS

Section 21. Payment and Disposition of Fines and Forfeitures, 15-21-1 through 15-21-209.

ARTICLE 7 COMPENSATION TO VICTIMS OF VIOLATORS OF DRIVING UNDER THE INFLUENCE STATUTE

15-21-110. Constitutional authority for enactment of article.

This article is enacted pursuant to Article III, Section VI, Paragraph VI, subparagraph (f) of the Constitution of Georgia, which provision authorizes the allocation of funds and a continuing fund for the purpose of compensating innocent victims of crime and for the administration of any law enacted for such purpose.

(Code 1981, §15-21-110, enacted by Ga. L. 1992, p. 1836, § 1.)

Law reviews.

- For note on 1992 enactment of this article, see 9 Ga. St. U.L. Rev. 298 (1992).

JUDICIAL DECISIONS

Fine improperly imposed.

- Since no fine was imposed on the driving under the influence offense that violated O.C.G.A. § 40-6-391, the $100 brain/spinal cord fee imposed under O.C.G.A. §§ 15-21-149 and15-21-150 and the $25 driving under the influence victim surcharge imposed under O.C.G.A. §§ 15-21-110 and15-21-112(a) should not have been imposed under O.C.G.A. §§ 15-21-112 and15-21-149(a) because those fees were contingent upon the imposition of a fine. Johnson v. State, 282 Ga. App. 258, 638 S.E.2d 406 (2006).

Cited in Hannah v. State, 280 Ga. App. 230, 633 S.E.2d 800 (2006).

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