TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 12. Governor, 45-12-1 through 45-12-207.

ARTICLE 2 POWERS AND DUTIES GENERALLY

45-12-35. Reward for detection or apprehension of perpetrators of felonies or cattle, horse, or swine thieves.

For the purposes of this Code section, the term "conviction" means a final judgment of conviction entered upon a verdict of guilty or upon a plea of guilty. Such judgment shall be deemed to be a final judgment when the remittitur from the appellate court of this state affirming the conviction is filed in the court below or, if the proceeding is before a federal court, when the United States Circuit Court of Appeals has affirmed the conviction.
The Governor and any county or municipal governing authority shall, in their discretion, offer and cause to be paid rewards for the detection or apprehension of the perpetrator of any felony committed within this state, such reward not to exceed the sum of $1,000.00 in felonies not capital, including arson, and not to exceed the sum of $10,000.00 in capital felonies and arson; provided, however, that the amount offered by any local governing authority shall not exceed the aggregate amount of $25,000.00.
The Governor shall, at the Governor's discretion, offer and cause to be paid rewards for the detection or apprehension of cattle, horse, ratites, or swine thieves stealing cattle, horses, ratites, or swine within this state; and such reward shall not exceed $1,000.00.
The Governor, at his discretion, may pay any reward authorized by this Code section after conviction.
No reward provided for in this Code section shall be paid to any officer who arrests such person in the regular discharge of his or her duty by virtue of process in his or her hands to be executed nor to any person who has arrested the offender prior to the publication of the reward.

(Orig. Code 1863, § 65; Code 1868, § 61; Ga. L. 1872, p. 11, § 1; Code 1873, § 58; Ga. L. 1875, p. 104, § 1; Ga. L. 1878-79, p. 165, § 1; Code 1882, § 58; Penal Code 1895, § 881; Penal Code 1910, § 902; Code 1933, § 27-101; Ga. L. 1962, p. 693, § 1; Ga. L. 1966, p. 278, § 1; Ga. L. 1978, p. 2033, § 1; Ga. L. 1979, p. 1173, § 1; Ga. L. 1989, p. 290, § 1; Ga. L. 1995, p. 244, § 32; Ga. L. 1997, p. 581, § 1; Ga. L. 2002, p. 415, § 45; Ga. L. 2006, p. 519, § 6/HB 1302.)

Cross references.

- Reward for information leading to capture of escaped inmate, § 42-1-2.

JUDICIAL DECISIONS

Municipal corporations have no power to offer rewards. Barrett v. City of Atlanta, 145 Ga. 678, 89 S.E. 781 (1916).

Reward permissible.

- Reward paid to a witness in a criminal trial for information leading to an arrest and conviction was permissible under the statute and the witness was properly cross-examined as to the reward. Wilson v. State, 277 Ga. 485, 591 S.E.2d 812 (2004).

OPINIONS OF THE ATTORNEY GENERAL

Primary purpose of offering a reward is to cause the apprehension and punishment, according to law, of the person who commits a crime. 1950-51 Op. Att'y Gen. p. 301.

RESEARCH REFERENCES

Am. Jur. 2d.

- 67 Am. Jur. 2d, Rewards, §§ 1 et seq., 20 et seq.

21B Am. Jur. Pleading and Practice Forms, Rewards, § 2.

C.J.S.

- 77 C.J.S., Rewards and Bounties, §§ 1 et seq., 23 et seq., 38 et seq.

ALR.

- Construction of statute authorizing public authorities to offer rewards for arrest and conviction of persons guilty of crime, 86 A.L.R. 579.

Right to reward of furnisher of information leading to arrest and conviction of offenders, 100 A.L.R.2d 573.

Knowledge of reward as condition of right thereto, 86 A.L.R.3d 1142.

Cases Citing Georgia Code 45-12-35 From Courtlistener.com
Total Results: 1
Wilson v. State
Court: Supreme Court of Georgia | Date Filed: 2004-01-12
Citation: 591 S.E.2d 812, 277 Ga. 485, 2004 Fulton County D. Rep. 189, 2004 Ga. LEXIS 3
Snippet: 85, 88, 526 S.E.2d 347 (2000). [5] See OCGA § 45-12-35 (authorizing payment of reward for "detection

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