O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
The ordering authority shall retain jurisdiction to modify a restitution order at any time before the expiration of the relief ordered.
History
Code 1933, § 27-3012, enacted by Ga. L. 1980, p. 1382, § 1; Ga. L. 2005, p. 88, § 5/HB 172.
Annotations
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 Modification may be ordered at any time. - Trial court erred in dismissing a defendant’s motion to modify restitution until the time came for the defendant to pay. Under O.C.G.A. § 17-14-12, the ordering authority, in this case, the trial court pursuant to O.C.G.A. § 17-14-2, re-
tained jurisdiction to modify the restitution order at any time before the expiration of the relief ordered. Wright v. State, 302 Ga. App. 136, 690 S.E.2d 259 (2010). Cited in Patterson v. State, 289 Ga. App. 663, 658 S.E.2d 210 (2008).
Notes of Decisions
Cited in
6
cases, 1991–2010 · leading case:
Harris v. State, 410 S.E.2d 123 (Ga. Ct. App. 1991).
Harris v. State, 410 S.E.2d 123 (Ga. Ct. App. 1991).
· cites it 8× “Defendant argues the trial court’s order is invalid because, inter alia, the attempted increase in the amount of restitution was ordered both after the term of court in which sentence initially was imposed and more than 60 days from the date sentence was imposed by the judge, in…”
Beall v. State, 555 S.E.2d 788 (Ga. Ct. App. 2001).
· cites it 2× “4 See OCGA § 17-14-12. 5 State v. Barrett, 215 Ga.”
Patterson v. State, 658 S.E.2d 210 (Ga. Ct. App. 2008).
· cites it 2× “We note that OCGA § 17-14-12 permits the court to modify its restitution order, which the trial court in this case would be required to do in order to set off any payments that may actually be made to the victims by the bankruptcy trustee.”
Wright v. State, 690 S.E.2d 259 (Ga. Ct. App. 2010).
· cites it 4× “See OCGA § 17-14-12 (“[t]he ordering authority shall retain jurisdiction to modify a restitution order at any time before the expiration of the relief ordered”) (emphasis supplied).”
Dykes v. State, 448 S.E.2d 463 (Ga. Ct. App. 1994).
· cites it 2× “See OCGA §§ 17-14-12; 17-14-2 (6). The Supreme Court reversed, holding that since restitution is punishment when ordered as part of a criminal sentence, the trial court cannot increase the amount of restitution after the defendant begins serving a sentence, absent the…”
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