O.C.G.A.
O.C.G.A.

O.C.G.A. § 17-6-92 (2019)

Violation of bond; contempt of court

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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.
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Upon oral or written complaint by the injured party or upon motion by the prosecuting attorney, the court may, in its discretion, issue a rule for contempt against a party who violates the bond posted pursuant to Code Section 17-6-90. Upon hearing the rule, if the court finds that there has been a violation of the bond, the court may impose a sentence for contempt of court. If it should appear to the court from the evidence and the court finds that the violation of the bond was provoked or brought about by the conduct of the prosecuting witness, the witness, after notice and the opportunity for a hearing, may be ruled for contempt of court and sentenced as provided by law.

History

Code 1981, § 17-6-94, enacted by Ga. L. 1986, p. 1151, § 3; Code 1981, § 17-6-92, as redesignated by Ga. L. 2013, p. 584, § 3/HB 146.

Annotations

The 2013 amendment, effective July 1, 2013, redesignated former Code Section 17-6-94 as present Code Section 17-6-92; deleted ", in addition to the remedy provided in Code Section 17-6-92," following "the court may," in the second sentence; and inserted ", after notice and the opportunity for a hearing," in the last sentence.

Editor's notes. - Ga. L. 2013, p. 584, § 3/HB 146, repealed former Code Section 17-6-92, pertaining to institution of action for breach of bond and disposition of recovery, effective July 1, 2013. The former Code section was based on Orig. Code 1863, § 4628; Code 1868, § 4652; Code 1873, § 4750; Code 1882, § 4750; Penal Code 1895, § 1236; Penal Code 1910, § 1318; Code 1933, § 76-102; Ga. L. 1981, p. 622, § 1.

17-6-93. Redesignated.

Editor's notes. - Ga. L. 2013, p. 584, § 3/HB 146, effective July 1, 2013, redesignated former Code Section 17-6-93 as present Code Section 17-6-91.

17-6-94. Redesignated.

Editor's notes. - Ga. L. 2013, p. 584, § 3/HB 146, effective July 1, 2013, redesignated former Code Section 17-6-94 as present Code Section 17-6-92.

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PART 2 BONDS TO KEEP THE PEACE

JUDICIAL DECISIONS

Nature of peace bond proceedings. - In the strictest sense, proceedings requiring a peace bond are neither criminal nor civil proceedings, although the proceedings are more in the nature of criminal than civil proceedings. Foster v. Withrow, 201 Ga. 260, 39 S.E.2d 466 (1946).

Primary purpose of the peace warrant proceeding is not to award the person seeking the warrant's protection money damages for injuries which the person may receive, but to prevent violence and keep the peace. Foster v. Withrow, 201 Ga. 260, 39 S.E.2d 466 (1946).

Cited in Mulling v. Wilson, 245 Ga. 773, 267 S.E.2d 212 (1980).

OPINIONS OF THE ATTORNEY GENERAL

Return and final disposition of peace warrant. - While a peace warrant may be issued by a judicial officer authorized to hold a court of inquiry, the warrant is returnable to the superior court, and can be finally disposed of only by the superior court, not by the magistrate. 1970 Op. Att'y Gen. No. U70-121.

Duration of bondsman's liability. - Bondsman is not relieved of the bondsman's obligations under a peace bond after a breach of the bond's terms, even though the bondsman's returns the accused to the court, and such accused is committed to jail. The bondsman remains liable for any breach of the bond as long as the bond is in effect. 1970 Op. Att'y Gen. No. U70-121.