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2018 Georgia Code 17-14-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-14-1 Case Law from Google Scholar Amendments to OCGA 17-14-1

TITLE 17 CRIMINAL PROCEDURE

Section 14. Restitution and Distribution of Profits to Victims of Crimes, 17-14-1 through 17-14-32.

ARTICLE 1 RESTITUTION

17-14-1. Declaration of public policy.

It is declared to be the policy of this state that restitution to their victims by those found guilty of crimes or adjudicated as having committed delinquent acts is a primary concern of the criminal justice system and the juvenile justice system.

(Code 1933, § 27-3001, enacted by Ga. L. 1980, p. 1382, § 1; Ga. L. 2005, p. 88, § 5/HB 172.)

Editor's notes.

- Ga. L. 2005, p. 88, § 1/HB 172, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Crime Victims Restitution Act of 2005.'"

JUDICIAL DECISIONS

Written findings no longer required.

- Under O.C.G.A. § 17-14-1 et seq., written findings are no longer required when ordering an offender to make restitution; as a result, Garrett v. State, 175 Ga. App. 400, 333 S.E.2d 432 (1985), and its progeny, are disapproved to the extent those cases were authority for any cases involving restitution orders issued on or after July 1, 2005, the effective date of the Crime Victims Restitution Act of 2005, O.C.G.A. § 17-14-1 et seq. McCart v. State, 289 Ga. App. 830, 658 S.E.2d 465 (2008).

Restitution damages proper.

- Under preponderance of evidence standard, the trial court did not abuse the court's discretion in concluding that the defendant caused the $5,306.28 in damages to a stolen truck since the defendant was found in possession of the truck, and therefore the defendant was responsible for all damages that the truck incurred; as a result, the trial court properly ordered the defendant to pay a judgment of restitution in the amount of $5,306.28. McCart v. State, 289 Ga. App. 830, 658 S.E.2d 465 (2008).

Cited in Shelton v. State, 161 Ga. App. 524, 289 S.E.2d 768 (1982); Murphy v. State, 182 Ga. App. 791, 357 S.E.2d 147 (1987); Jackson v. State, 198 Ga. App. 261, 401 S.E.2d 289 (1990); Fuller v. State, 244 Ga. App. 618, 536 S.E.2d 296 (2000); In the Interest of D. D., 335 Ga. App. 676, 782 S.E.2d 728 (2016).

OPINIONS OF THE ATTORNEY GENERAL

Agreement to pay restitution exceeding victim's damages.

- Sentencing court may not require an offender to make restitution on those counts of a multi-count indictment which are dismissed pursuant to a negotiated plea agreement; however, if an offender voluntarily agrees to make restitution in a certain amount, even if such amount exceeds the victim's "damages," the sentencing court may incorporate that agreement into the court's restitution order. 1995 Op. Att'y Gen. No. 95-19.

Bail bondsman is entitled to restitution of the amount of the bond and costs upon the conviction of the accused of jumping bail pursuant to O.C.G.A. § 16-10-51. 1994 Op. Att'y Gen. No. U94-17.

RESEARCH REFERENCES

ALR.

- Mandatory victims restitution act - constitutional issues, 20 A.L.R. Fed. 2d 239.

Cases Citing O.C.G.A. § 17-14-1

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Harris v. State, 413 S.E.2d 439 (Ga. 1992).

Cited 35 times | Published | Supreme Court of Georgia | Feb 13, 1992 | 261 Ga. 859, 42 Fulton County D. Rep. 21

...ch is a condition of probation. In that event, the sentencing judge may revoke probation and order imprisonment as an appropriate penalty for the offense. See Bearden v. Georgia, 461 U.S. 660, 668, 103 S.Ct. 2064, 2070, 76 L.Ed.2d 221 (1983); OCGA §§ 17-14-13(c), 17-10-1(a)....
...tive aspects of the offender's sentence." See Harris, 200 Ga.App. at 849, 410 S.E.2d 123 (Birdsong, J., dissenting). Moreover, restitution is not synonymous with civil damages. Morrison v. State, 181 Ga.App. 440, 441, 352 S.E.2d 622 (1987); see OCGA § 17-14-11....
...The amount of the victim's damages is only one factor for a court to consider in determining the amount of restitution. The sentencing court must also consider the offender's present financial condition and future earning capacity, as well as the goal of rehabilitation to the offender. See OCGA § 17-14-10. We reject the state's argument that restitution is a civil remedy for the victim, as the purpose of restitution is not solely to restore the crime victim to the financial status enjoyed before the crime was committed. Although OCGA § 17-14-1 states restitution is a primary concern of the criminal justice system, the state has other concerns of equal importance, including punishing and rehabilitating persons convicted of crimes and deterring others from criminal behavior. See Bearden, 461 U.S. at 671, 103 S.Ct. at 2072; OCGA §§ 17-14-5, 17-14-10....