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2018 Georgia Code 17-6-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-6-5 Case Law from Google Scholar Amendments to OCGA 17-6-5

TITLE 17 CRIMINAL PROCEDURE

Section 6. Bonds and Recognizances, 17-6-1 through 17-6-114.

ARTICLE 1 GENERAL PROVISIONS

17-6-5. Acceptance of cash bonds for certain offenses; authorization.

Any sheriff, deputy sheriff, county peace officer, or other county officer charged with the duty of enforcing the laws of this state relating to:

  1. Traffic or the operation or licensing of motor vehicles or operators;
  2. The width, height, or length of vehicles and loads;
  3. Motor common carriers and motor contract carriers;
  4. Commercial vehicle or driver safety;
  5. Hazardous materials transportation;
  6. Motor carrier insurance or registration;
  7. Road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48;
  8. Game and fish;
  9. Boating; or
  10. Litter control

    who makes an arrest outside the corporate limits of any municipality of this state for a violation of said laws and who is authorized, as provided herein by a court of record having jurisdiction over such offenses, to accept cash bonds may accept a cash bond from the person arrested in lieu of a statutory bond or recognizance. No such officer shall accept a cash bond unless he or she is authorized to receive cash bonds in such cases by an order of the court having jurisdiction over such offenses and unless such order has been entered on the minutes of the court. Any such order may be granted, revoked, or modified by the court at any time.

(Ga. L. 1953, Jan.-Feb. Sess., p. 331, § 1; Ga. L. 1962, p. 530, § 1; Ga. L. 1975, p. 845, § 1; Ga. L. 1982, p. 1136, §§ 1, 4; Ga. L. 2011, p. 479, § 2/HB 112.)

The 2011 amendment, effective July 1, 2011, added a colon at the end of the introductory paragraph; redesignated the existing language as individual paragraphs and made related capitalization changes; added paragraphs (4) through (6); redesignated former paragraphs (4) through (7) as present paragraphs (7) through (10), respectively; and inserted "or she" in the next to the last sentence.

Cross references.

- Acceptance of cash bonds from persons cited for traffic offenses under jurisdiction of traffic violations bureau of court, § 40-13-55 et seq.

Law reviews.

- For comment on Land v. State, 103 Ga. App. 496, 119 S.E.2d 809 (1961), see 14 Mercer L. Rev. 452 (1963).

JUDICIAL DECISIONS

Cash bond authorized for drunk driving arrestee.

- If a person was arrested by a state patrol officer inside a municipality for driving under the influence, a deputy sheriff, even without authorization from the court, could accept a cash bond; the trial court, as a result, had the authority to order the cash bond forfeited. Wilson v. State, 167 Ga. App. 421, 306 S.E.2d 704 (1983).

Cited in Land v. State, 103 Ga. App. 496, 119 S.E.2d 809 (1961); Perry v. State, 118 Ga. App. 22, 162 S.E.2d 466 (1968).

OPINIONS OF THE ATTORNEY GENERAL

Construction with O.C.G.A.

§ 17-6-2 as to misdemeanors generally. - While it was true that Ga. L. 1953, Jan.-Feb. Sess., p. 331, § 1 (see O.C.G.A. § 17-6-5) authorized the taking of cash bonds under certain circumstances, it was quite obvious that this provision was in addition to and not in place of former Code 1933, § 27-902 (see O.C.G.A. § 17-6-2). 1957 Op. Att'y Gen. p. 65.

RESEARCH REFERENCES

Am. Jur. 2d.

- 8A Am. Jur. 2d, Bail and Recognizance, § 1 et seq.

C.J.S.

- 8 C.J.S., Bail; Release and Detention Pending Proceedings, §§ 144, 145.

ALR.

- Propriety of applying cash bail to payment of fine, 42 A.L.R.5th 547.

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