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Call Now: 904-383-7448Any funds coming into the possession of the prosecuting attorney of any court, any officer of court, or any other person as a part of the fine and bond forfeiture fund shall be paid over by the prosecuting attorney or other officer or person into the treasury of the county as provided by law. No payment to the county treasury of funds received by an officer shall be withheld past the end of the calendar year in which the funds were received.
(Ga. L. 1949, p. 1168, § 2B; Ga. L. 2015, p. 693, § 3-33/HB 233.)
The 2015 amendment, effective July 1, 2015, substituted "fine and bond forfeiture fund" for "fine and forfeiture fund" in the middle of the first sentence. See editor's note for applicability.
- Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: "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."
- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).
- While it is the general rule that sums sued for in law must be set forth specifically, and if an indefinite amount is sought a recovery cannot be supported, such rule would not apply if the officers against whom the rule issued are under a duty to make up and keep the records from which such sums can be ascertained, to submit itemized bills of costs claimed out of such funds, and to pay over the surplus to the county treasurer not later than the end of the calendar year; and if, by reason of failure to perform this duty, the exact amount is unascertainable by parties who are interested in the fund. Banks County v. Stark, 88 Ga. App. 368, 77 S.E.2d 33 (1953).
Cited in Ivestor v. Mozeley, 89 Ga. App. 578, 80 S.E.2d 197 (1954).
- Since O.C.G.A. §§ 15-21-2 and15-21-52 mandate that all fines collected by county courts be paid into the county treasury, a municipality and county cannot contract to provide for the division of moneys received as fines by the superior court from cases transferred under O.C.G.A. § 40-13-23. 1984 Op. Att'y Gen. No. U84-44.
- 36 Am. Jur. 2d, Forfeitures and Penalties, § 15 et seq.
- 36A C.J.S., Fines, § 19. 37 C.J.S., Forfeitures, §§ 39, 41.
No results found for Georgia Code 15-21-52.