O.C.G.A.

O.C.G.A. § 36-32-4 (2019)

Authority of municipal corporations to provide for forfeiture of appearance bonds

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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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Any municipal corporation shall have full power and authority to provide, by ordinance, for the forfeiture of bonds given by offenders for their appearance before municipal courts and to provide for the collection of the same from the principal and sureties on such bonds by judgment, execution, and sale.

History

Ga. L. 1880-81, p. 176, § 1; Code 1933, § 69-206.

Annotations

Law reviews. - For article, ‘‘Cities and Towns in Georgia: A Distinction with a Difference?,’’ see 14 Mercer L. Rev. 385 (1963).

For note, ‘‘Bail in Georgia: Elimination of ‘Double Bonding’: A Partially Solved Problem,’’ see 8 Ga. St. B. J. 220 (1971).

JUDICIAL DECISIONS Liability of surety on criminal appearance bond. - City ordinance which seeks to hold the surety liable on a criminal appearance bond until the fine imposed is collected does not conflict with

Georgia case law; is authorized by O.C.G.A. § 36-32-4, which authorizes municipal corporations to make provision by ordinance as to what constitutes the forfeiture of bonds given by offenders for

their appearance before municipal courts; and does not conflict with O.C.G.A. § 17-6-31 (surrender on surety bonds); for these reasons, there has not been preemption by the state in this area of regulatory activity. Therefore, the ordinance is not

unconstitutional under the special law - general law prohibition contained in Ga. Const. 1983, Art. III, Sec. VI, Para. IV. City of Macon v. Davis, 251 Ga. 332, 305 S.E.2d 116 (1983).

Notes of Decisions

Cited in 1 case, 1983–1983 · leading case: City of Macon v. Davis, 305 S.E.2d 116 (Ga. 1983).

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City of Macon v. Davis, 305 S.E.2d 116 (Ga. 1983). · cites it 8× “§ 69-206), which provides: “Any municipal corporation shall have full power and authority to provide, by ordinance, for the forfeiture of bonds given by offenders for their appearance before municipal courts and to provide for the collection of the same from the principal and…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.