TITLE 17
CRIMINAL PROCEDURE
ARTICLE 1
GENERAL PROVISIONS
17-6-4. Authorization of posting of cash bonds generally; furnishing of receipt to person posting bond; recordation of receipt of bond on docket; disposal of unclaimed bonds.
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Any party, defendant, accused, or other person required or permitted by law to give or post bond (or bail) as surety or security for the happening of any event or act in criminal matters may discharge the requirement by depositing cash in the amount of the bond so required with the appropriate person, official, or other depository.
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Any official or other person receiving any such bond shall give a receipt therefor and shall cause the fact of the receipt to be entered and recorded on the docket of the case in which it was given. If bond is given in a matter not appearing as a separate court case on a docket, a docket shall be prepared, maintained, and kept of all such transactions and the name and address of the person giving or making the bond, the date of the receipt of the bond, the name of the person receiving the bond, the amount of the bond, and a description of the cause for giving the bond, together with any and all other information desirable concerning the bond, shall be a part of the record in that separate docket.
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In the event that any cash bail posted pursuant to this Code section or Code Section 17-6-5 is not later claimed by the surety on such bond after a period of seven years from the later of either the date on which the defendant was required to appear in court or the date of disposition of the case by the prosecutor or the court, including any appeal of a verdict or sentence, then the cash shall be paid into the general fund of the county having trial venue of the case, as in the case of forfeited cash bonds, provided that the officer who accepted such cash bail shall first have notified the surety, by mailing notice to such surety at the last address given by such surety, that such funds shall be forfeited if they are not claimed within 90 days following the date of mailing of such notice.Any claim by a surety for refund of a cash bail shall include acceptable documentary proof of disposition of the case from the prosecuting official or appropriate court records or such other documentation as may be acceptable to the official holding such cash bail as proof that the case has been settled.
(Ga. L. 1969, p. 41, §§ 1, 2; Ga. L. 1991, p. 749, § 1.)
Cross references.
- Corresponding provision relating to civil procedure,
§
9-10-10.
JUDICIAL DECISIONS
Cited in
Wilson v. State, 167 Ga. App. 421, 306 S.E.2d 704 (1983); Roscoe v. State, 286 Ga. 325, 687 S.E.2d 455 (2009).
OPINIONS OF THE ATTORNEY GENERAL
This section does not vary the previous law or procedure for recording bonds.
It only provides that as an alternative to giving a bond, the person may satisfy the requirement by depositing cash. 1969 Op. Att'y Gen. No. 69-265.
No modification of judicial order specifying cash bond.
- Sheriff does not have the authority to modify a judicial order and accept a property or surety bond after a magistrate has specified a cash bond. 1987 Op. Att'y Gen. No. U87-22.
RESEARCH REFERENCES
Am. Jur. 2d.
- 12 Am. Jur. 2d, Bonds,
§§
6, 7, 21, 22.
C.J.S.
- 11 C.J.S., Bonds,
§
21.
ALR.
- Check or money as meeting requirement of appeal bond, 65 A.L.R.2d 1134.
Propriety of applying cash bail to payment of fine, 42 A.L.R.5th 547.
