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2018 Georgia Code 40-13-31 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-13-31 Case Law from Google Scholar Amendments to OCGA 40-13-31

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 13. Prosecution of Traffic Offenses, 40-13-1 through 40-13-64.

ARTICLE 2 ARRESTS, TRIALS, AND APPEALS

40-13-31. Arresting fees.

The sheriffs of the several counties of this state are entitled to an arresting fee, as provided by law, in every case in which the sheriff or his lawful deputy arrests, assists in arresting, or takes custody of any person charged with a crime who has been apprehended by an officer of the Georgia State Patrol and delivered to the sheriff or his lawful deputy. If the sheriff is upon a salary, the fee shall be paid into the county treasury.

(Ga. L. 1943, p. 571, § 1; Ga. L. 1992, p. 2785, § 29.)

Cross references.

- Abolition of fee system for compensation of sheriffs, § 15-16-19.

Procedure for bringing complaint that speed limit is being enforced by county or municipality primarily for collection of revenue rather than for purposes of public safety, § 40-6-9.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, "a" was inserted preceding "crime" in the first sentence.

JUDICIAL DECISIONS

Cited in Sanders v. Wilkinson County, 69 Ga. App. 676, 26 S.E.2d 467 (1943).

OPINIONS OF THE ATTORNEY GENERAL

Fee when sheriff does not participate in arrest.

- Sheriff is not entitled to an arresting fee for an arrest made by the county police, when the sheriff does not participate in the arrest, but sheriffs are entitled to an arresting fee when the sheriffs assist in an arrest made by the Georgia State Patrol. 1945-47 Op. Att'y Gen. p. 96.

Sheriff is entitled to an arresting fee when the accused is arrested by a state patrolman and delivered to the sheriff who accepts bond without confining the accused. 1954-56 Op. Att'y Gen. p. 115.

Arresting fees when offender could be brought before more than one court.

- Ga. L. 1943, p. 571, § 1 (see now O.C.G.A. § 40-13-31) would seem to contemplate that arresting fees would be the same regardless of which court an offender might be brought before when two or more courts have concurrent jurisdiction. 1963-65 Op. Att'y Gen. p. 300.

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