HB 1447 - State courts; create for certain municipalities
Georgia House of Representatives - 1995/1996 Sessions
HB 1447 - State courts; create for certain municipalities
1. McKinney 51st
House Comm: LLeg / Senate Comm: SLGO /
House Vote: Yeas 144 Nays 0 Senate Vote: Yeas 50 Nays 0
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House Action Senate
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1/25/96 Read 1st Time 3/6/96
1/26/96 Read 2nd Time 3/13/96
3/5/96 Favorably Reported 3/13/96
Sub Committee Amend/Sub Sub
3/5/96 Read 3rd Time 3/14/96
3/5/96 Passed/Adopted 3/14/96
CS Comm/Floor Amend/Sub CS
3/14/96 Amend/Sub Agreed To
3/29/96 Sent to Governor
4/4/96 Signed by Governor
791 Act/Veto Number
7/1/96 Effective Date
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Code Sections amended:
HB 1447 HB 1447/AP
H. B. No. 1447 (AS PASSED HOUSE AND SENATE)
By: Representative McKinney of the 51st
A BILL TO BE ENTITLED
AN ACT
1- 1 To re-create a system of state courts of limited
1- 2 jurisdiction for each city of this state having a population
1- 3 of 300,000 or more according to the United States decennial
1- 4 census of 1990 or any future such census so as to give to
1- 5 such courts jurisdiction to try offenses against the traffic
1- 6 laws of this state and offenses against traffic ordinances
1- 7 committed within the territorial jurisdiction of such
1- 8 cities; to provide for the constitutional authority for this
1- 9 Act; to provide for legislative findings; to provide for
1-10 jurisdiction; to provide for the qualifications, oath,
1-11 compensation, restriction on the practice of law, and
1-12 authority of judges; to provide for appointments, vacancies
1-13 in office, and removal and retirement of judges; to provide
1-14 for the retention and terms of office of judges; to provide
1-15 for a chief judge and a chief judge pro tempore and their
1-16 related duties; to provide for hearings in open court and
1-17 chambers; to provide for jurors and jury trials; to provide
1-18 for the appointment, qualifications, and salaries of
1-19 solicitors and assistant solicitors; to provide for the
1-20 retention and terms of office of solicitors; to provide for
1-21 appointment, qualifications, and compensation of a public
1-22 defender and appointed counsel; to provide for the clerk,
1-23 constables, bailiffs, investigators, and other court
1-24 personnel; to provide for service of judges pro hac vice and
1-25 solicitors and public defenders pro hac vice; to provide for
1-26 service of senior judges; to provide for terms of court; to
1-27 provide for the housing, facilities, and violation bureaus
1-28 of such courts; to provide for a director; to provide for
1-29 probation for probationers of such courts; to provide for
1-30 criminal prosecutions and appeals; to provide for the
1-31 disposition of fines and forfeitures; to provide for
1-32 additional penalties and their disposition; to provide that
1-33 any such court shall be a successor court to any current
1-34 such court; to provide for transfer of cases and certain
1-35 materials; to provide for the specific repeal of certain
1-36 prior statutes relating to such courts; to repeal
1-37 conflicting laws; and for other purposes.
H. B. No. 1447
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HB 1447/AP
2- 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
2- 2 Establishment.
2- 3 Pursuant to the provisions of Article VI, Section I of the
2- 4 Constitution of the State of Georgia, as amended, and the
2- 5 provisions of that constitutional amendment authorizing the
2- 6 General Assembly to create a new court or system of courts
2- 7 in each city having a population of more than 300,000 and to
2- 8 provide jurisdiction of such court or system of courts (Res.
2- 9 Act No. 81; H.R. 167-510; Ga. L. 1967, p. 963), which
2-10 constitutional amendment was specifically continued in force
2-11 and effect on and after July 1, 1987, as a part of the
2-12 Constitution of the State of Georgia by an Act approved
2-13 March 26, 1986 (Ga. L. 1986, p. 4820), there is hereby
2-14 established in each city of this state having a population
2-15 of 300,000 or more according to the United States decennial
2-16 census of 1990 or any future such a court to be known as the
2-17 city court of such city. Such courts shall be considered
2-18 courts of record and shall have a seal of appropriate design
2-19 prescribed by the governing authority of each city; and the
2-20 minutes, records, and other books and files that are
2-21 required by law to be kept for the superior courts shall, in
2-22 the same manner, so far as the jurisdiction of state courts
2-23 may render necessary, be kept in and for such courts.
SECTION 2.
2-24 Legislative determination.
2-25 It is hereby declared as a matter of legislative
2-26 determination:
2-27 (1) That the problem of the enforcement of the criminal
2-28 laws and ordinances involving the operation or ownership
2-29 of motor vehicles upon the streets and highways of the
2-30 state is particularly acute in areas where there are
2-31 densely concentrated populations;
2-32 (2) That such traffic laws and regulations may be
2-33 enforced more effectively, efficiently, and justly by
2-34 the creation of courts specifically designed for such
2-35 service in congested areas; and that such courts are
2-36 state courts of limited jurisdiction.
2-37 (3) That the provisions of this Act will promote the
2-38 general defense and public welfare.
H. B. No. 1447
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HB 1447/AP
SECTION 3.
3- 1 Jurisdiction.
3- 2 Each such court shall have jurisdiction coextensive with the
3- 3 territorial limits of the city in which it is located over:
3- 4 (1) All crimes and offenses under the laws of the state
3- 5 relating to and regulating traffic, and all other crimes
3- 6 and offenses arising out of the same occurrence as such
3- 7 traffic offense, not above the grade of misdemeanor and
3- 8 not exclusively cognizable in the superior courts;
3- 9 provided, however, no defendant shall be tried on a
3-10 misdemeanor charge in any county except where the
3-11 alleged offense was committed.
3-12 (2) All offenses against the duly enacted laws and
3-13 ordinances of such city relating to and regulating
3-14 traffic, and all other offenses against laws and
3-15 ordinances of such city arising out of the same
3-16 occurrence as such traffic offense. Punishment for such
3-17 offenses shall be imposed as provided by laws and
3-18 ordinances duly enacted by the governing authority of
3-19 such city.
SECTION 4.
3-20 Judges; qualifications; oath; compensation; restriction
3-21 on practice of law.
3-22 (a) There shall be a chief judge of each such court and such
3-23 number of judges as may be necessary to conduct the business
3-24 of the court.
3-25 (b) Each judge shall have been for at least one year prior
3-26 to appointment and continue to be during the term of office
3-27 a resident of the city in which he or she is selected to
3-28 serve, shall have been a resident of the state for at least
3-29 three years next preceding the beginning of his or her term
3-30 of office, shall as of such date be at least 25 years of
3-31 age, and shall have been admitted to practice law for at
3-32 least five years. Any judge holding office in such courts
3-33 on the effective date of this Act but not a resident of the
3-34 city as provided herein shall be eligible for retention in
3-35 office as provided herein.
3-36 (c) Before discharging his or her duties, each judge shall
3-37 take the same oath as judges of the superior courts.
3-38 (d) The annual salaries of the chief judge and of each judge
3-39 shall be fixed by the governing authority of each city.
3-40 However, the annual salaries of the chief judge and judges
H. B. No. 1447
-3- (Index)
HB 1447/AP
4- 1 shall be no less than 90 percent of the annual salaries of
4- 2 the judges of the state court within the territorial
4- 3 jurisdiction of said court.
4- 4 (e) A full-time judge of such courts shall not engage in the
4- 5 private practice of law or hold any other public office or
4- 6 office in any political party. Any person appointed a judge
4- 7 pro hac vice pursuant to the provisions herein may engage in
4- 8 the private practice of law in other courts but may not
4- 9 practice in his or her own court, appear on any matter as to
4-10 which that judge has exercised jurisdiction, qualify for or
4-11 hold any other public office, or hold an office in any
4-12 political party.
SECTION 5.
4-13 Vacancies; method of appointment; removal; retirement.
4-14 (a) In the event of a vacancy in office of a judge of the
4-15 court for any cause, the mayor shall fill such vacancy by
4-16 appointing one of three qualified persons nominated by a
4-17 judicial nominating commission constituted for the purpose
4-18 of nominating city court judges in the territorial
4-19 jurisdiction. All members of such commission shall reside
4-20 within the city where such court is located. If such a
4-21 commission does not exist within the territorial
4-22 jurisdiction, the mayor shall appoint one of three qualified
4-23 persons nominated by the judges of the superior court having
4-24 territorial jurisdiction in the county where such court is
4-25 located. Each judge so appointed shall hold office for a
4-26 term ending with the regular city election following the
4-27 date of appointment.
4-28 (b) Judges of a city court shall be subject to discipline,
4-29 removal, and involuntary retirement pursuant to Article VI,
4-30 Section VII, Paragraphs VI and VII of the Constitution of
4-31 the State of Georgia.
SECTION 6.
4-32 Retention of judges; term of office; failure to be retained.
4-33 (a) A judge of such court who shall desire to retain
4-34 judicial office for a succeeding term shall file, with the
4-35 municipal clerk not more than 90 days nor less than 60 days
4-36 prior to each regular municipal election prior to the
4-37 expiration of the judge's then term of office, a declaration
4-38 of intent to run for another term.
H. B. No. 1447
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HB 1447/AP
5- 1 (b) Upon the filing of the above declaration, a question
5- 2 shall be placed upon the appropriate ballot of such election
5- 3 within the territorial jurisdiction of the court as follows:
5- 4 "Shall Judge (Name of judge) of the (Name of the city)
5- 5 City Court be retained in office?
5- 6 ___ Yes, to retain
5- 7 ___ No, against retention."
5- 8 (c) As of the November, 1997, regular municipal elections in
5- 9 the territorial jurisdiction where such courts are located,
5-10 if a majority of those voting on such question vote to
5-11 retain a judge, the judge is thereupon retained for a
5-12 four-year term commencing on the first Monday in January
5-13 following each such election. If a majority of those voting
5-14 on such question vote not to retain a judge, a vacancy shall
5-15 exist upon the expiration of the term being served by the
5-16 judge. Such vacancy shall be filled in accordance with the
5-17 provisions of this Act.
5-18 (d) Any judge failing to be retained by electors shall be
5-19 ineligible for appointment to any such court for a period of
5-20 four years.
SECTION 7.
5-21 Chief judge--selection; chief judge pro tempore; duties.
5-22 (a) The judges of each such court shall elect by majority
5-23 vote a chief judge from one of their number for a term of
5-24 two years. The chief judge may succeed himself or herself
5-25 for successive terms. A majority vote of all judges,
5-26 including the chief judge, shall be required to remove an
5-27 incumbent from the office of chief judge. In case of
5-28 illness or temporary absence or incapacity of the chief
5-29 judge, the judges shall select by majority vote one of their
5-30 number to act as chief judge pro tempore.
5-31 (b) If no chief judge has been elected within 30 days after
5-32 the creation of a vacancy, the judge senior in length of
5-33 continuous judicial service on such court shall be ex
5-34 officio chief judge.
5-35 (c) The chief judge of the court shall be responsible for
5-36 the general superintendence of the business of the court.
5-37 He or she shall promulgate all rules necessary for the
5-38 supervision, conduct, and administration of said court,
5-39 including but not limited to the following: determine the
5-40 number of divisions into which the court shall be divided
5-41 and assign the judges or judges pro hac vice to duty
H. B. No. 1447
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HB 1447/AP
6- 1 therein; prescribe the days and hours for the sessions of
6- 2 the various divisions of the court; prescribe the form and
6- 3 manner for the preparation and keeping of such calendars,
6- 4 dockets, and records of such court; call and preside at
6- 5 meetings of the judges of the court; require such reports
6- 6 from the judges, judges pro hac vice, solicitor, clerk, and
6- 7 other court personnel as deemed necessary and proper;
6- 8 prepare and submit the budget of said court to the mayor and
6- 9 city council and other appropriate departments, committees,
6-10 and agencies; and perform other such duties as required by
6-11 law.
SECTION 8.
6-12 Authority of judges generally.
6-13 The judges of such courts shall have the same authority as
6-14 judges of the superior courts to:
6-15 (1) Compel the production of books, papers, and other
6-16 documentary evidence in the possession of any party;
6-17 (2) Enforce obedience to their orders, judgments, and
6-18 sentences with the same authority as judges of superior
6-19 courts;
6-20 (3) Compel the attendance of witnesses or all parties
6-21 necessary to a proper disposal of each case by issuance
6-22 of summonses, subpoenas, warrants, orders, and all other
6-23 processes in cases within its jurisdiction;
6-24 (4) Punish those in its presence for contempt by fines
6-25 not exceeding $500.00 or by imprisonment not exceeding
6-26 20 days or both;
6-27 (5) Establish bail and forfeit bonds with the same
6-28 authority as the judges of superior courts, except such
6-29 bonds as may by law only be set by judges of superior
6-30 courts;
6-31 (6) Administer oaths and exercise all other powers
6-32 necessarily appertaining to their jurisdiction or which
6-33 may be granted them by law;
6-34 (7) Issue criminal warrants either on their own
6-35 knowledge or on information given under oath;
6-36 (8) Suspend or revoke the driver's license of any person
6-37 found guilty of the violation of such traffic laws and
6-38 ordinances;
H. B. No. 1447
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HB 1447/AP
7- 1 (9) Probate, revoke, amend, remit, modify, alter or
7- 2 suspend sentences imposed;
7- 3 (10) Take affidavits and attest other papers; and
7- 4 (11) Such other powers and duties as shall be provided
7- 5 by law.
SECTION 9.
7- 6 Hearings on merits in open court; other
7- 7 proceedings allowed in chambers.
7- 8 All trials and preliminary hearings on the merits shall be
7- 9 conducted in open court and, so far as convenient, in a
7-10 regular courtroom. All other proceedings, hearings, and
7-11 acts may be done or conducted by a judge in chambers and in
7-12 the absence of the clerk or other court officials. The
7-13 judges of such courts may hear motions and enter orders in
7-14 all cases pending in the court over which he or she presides
7-15 in open court or chambers. The proceedings after
7-16 information, accusation, uniform traffic citation, or
7-17 summons shall conform to the rules governing like
7-18 proceedings in superior courts.
SECTION 10.
7-19 Jurors; jury trials.
7-20 (a) All laws with reference to the number, composition,
7-21 qualifications, impaneling, challenging, and compensation of
7-22 jurors in state courts within the territorial jurisdiction
7-23 of such courts shall apply to and be observed by each such
7-24 courts.
7-25 (b) In all instances where an accused has a right to a trial
7-26 by jury, the judges of any such courts shall adhere to the
7-27 practices and procedures of state courts.
SECTION 11.
7-28 Solicitors; appointment; qualifications;
7-29 assistants; prohibition on practice of law;
7-30 salaries; budget.
7-31 (a) There shall be a solicitor of such courts and as many
7-32 assistant solicitors for each of such courts as there are
7-33 regular judges. Each solicitor and assistant solicitor
7-34 shall take the same oath and perform the same duties as
7-35 solicitors of the state courts, as far as applicable to and
7-36 not inconsistent with this Act.
H. B. No. 1447
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HB 1447/AP
8- 1 (b) The solicitors of each court shall be appointed and
8- 2 retained in the same manner as provided for judges within
8- 3 this Act.
8- 4 (c) Each solicitor shall have been for at least one year
8- 5 prior to appointment and continue to be during the term of
8- 6 office a resident of the city in which he or she is selected
8- 7 to serve, shall be at least 25 years of age, and shall have
8- 8 been admitted to practice law in the State of Georgia for at
8- 9 least five years.
8-10 (d) Assistant solicitors shall be appointed by each
8-11 solicitor and serve at his or her discretion. Each person
8-12 so appointed shall have been admitted to practice law in the
8-13 State of Georgia.
8-14 (e) Any full-time solicitors and assistant solicitors may
8-15 not engage in the private practice of law. A part-time
8-16 assistant solicitor of such courts may engage in the private
8-17 practice of law but may not practice or appear in any matter
8-18 as to which he or she has exercised jurisdiction.
8-19 (f) The annual salary of the solicitor and the annual salary
8-20 of each assistant solicitor shall be fixed and determined by
8-21 the governing authority of the city payable as provided by
8-22 the governing authority for other employees within the city.
8-23 (g) The solicitor shall prepare and submit an annual budget
8-24 for his or her office to the mayor and city council within
8-25 the territorial jurisdiction.
SECTION 12.
8-26 Public defender; appointment;
8-27 qualifications; prohibition on practice of law;
8-28 compensation; budget.
8-29 (a) Any such courts shall provide for the representation of
8-30 indigent defendants by a public defender's office.
8-31 (b) The public defender shall be appointed in accordance
8-32 with the provisions of subsection (a) of Section 5 of this
8-33 Act. The provisions relating to the qualifications,
8-34 appointment of assistants, prohibition on the private
8-35 practice of law, compensation, and budget of the solicitor
8-36 in Section 11 of this Act shall apply to the public
8-37 defender. Any person appointed public defender shall be
8-38 appointed to a four-year term of office and shall serve
8-39 until a successor is duly appointed and qualified in
8-40 accordance with the provisions of this Act.
H. B. No. 1447
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HB 1447/AP
SECTION 13.
9- 1 Investigators.
9- 2 There shall be not less than one investigator for each of
9- 3 such courts, each of whom shall be appointed by and serve at
9- 4 the discretion of the solicitor.
SECTION 14.
9- 5 Clerk and other court personnel; prohibition.
9- 6 (a) There shall be a clerk of each such court, as many
9- 7 deputy clerks as there are regular judges, and such clerical
9- 8 assistants as the judges determine necessary for the
9- 9 efficient operation of the court. The clerk, deputy clerks,
9-10 and clerical assistants shall be appointed by the judges of
9-11 each of such courts in conference and shall serve at their
9-12 discretion. Any person appointed clerk shall be a resident
9-13 of the city in which such court is located during his or her
9-14 term of office. However, the residency requirement herein
9-15 shall not apply to any person holding the position of clerk,
9-16 but not a resident of the city, on the effective date of
9-17 this Act.
9-18 (b) The clerk, deputy clerks, and clerical assistants shall
9-19 have the same powers and duties as like officers of the
9-20 superior courts, as far as applicable to and not
9-21 inconsistent with this Act. Each clerk and deputy clerk
9-22 shall be responsible for all moneys collected and shall give
9-23 bond for the faithful discharge of his or her duties in such
9-24 amount as may be fixed by the governing authority of each of
9-25 such cities.
9-26 (c) The clerk shall further submit to the chief judges of
9-27 such courts recommendations for improving the efficiency and
9-28 operation of the court; assist the chief judges in the
9-29 preparation of budgeting and fiscal reports and documents as
9-30 may be necessary for the proper operation and maintenance of
9-31 the court; maintain and keep the seal of such courts; and
9-32 perform such other duties as may be required by law or the
9-33 chief judge.
9-34 (d) The clerk and court personnel as provided herein are
9-35 prohibited from practicing law in their own or another's
9-36 name, as a partner or otherwise, in any court except in
9-37 their own case.
H. B. No. 1447
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HB 1447/AP
SECTION 15.
Bailiffs.
10- 1 There shall be as many bailiffs for each of such courts as
10- 2 there are regular judges. Each bailiff shall be appointed
10- 3 by and serve at the discretion of the judges in conference,
10- 4 shall attend all sittings of the court, and shall perform
10- 5 such other duties as may be prescribed by the judges.
SECTION 16.
Constables.
10- 6 The constables of each of such courts shall be the sheriffs
10- 7 and deputy sheriffs of the several counties of this state
10- 8 and the chief of police and the regularly elected and
10- 9 qualified members of the police department of each city,
10-10 each of whom shall serve all processes and orders to them
10-11 directed.
SECTION 17.
10-12 Service by judges pro hac vice.
10-13 Upon certification by the chief judge that the business of
10-14 the court is such that additional help is needed to promptly
10-15 handle the business of the court, the chief judge may
10-16 appoint one or more attorneys at law to act as judge pro hac
10-17 vice. Any person appointed judge pro hac vice shall possess
10-18 the same qualifications as required for judges within this
10-19 Act. Each judge pro hac vice while serving as such shall
10-20 have all the powers and authority of a judge.
SECTION 18.
10-21 Service by senior judges.
10-22 (a) The office of senior judge of such court is created.
10-23 Any judge, chief judge, or judge of any such court who
10-24 retires pursuant to the provisions of applicable laws
10-25 relating to such retirement shall be a senior judge on the
10-26 effective date of such retirement.
10-27 (b) Senior judges may be called upon to serve as judges of
10-28 such court when a regular judge for some reason is unable to
10-29 serve. Any such senior judge may be subject to designation
10-30 and assignment, with the senior judge's consent, either as
10-31 additional or substitute judge. Such senior judge shall
10-32 have all the power and authority when so designated or
10-33 assigned as a judge of such court. Such senior judges shall
10-34 be compensated in addition to retirement pay in the amount
10-35 paid to judges pro hac vice of such court for such services.
10-36 In addition to such compensation, such judges shall receive
H. B. No. 1447
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HB 1447/AP
11- 1 mileage at the same rate as other employees of the city for
11- 2 such services. Said compensation and mileage shall be paid
11- 3 from city funds appropriated or otherwise available for the
11- 4 operation of such court upon a certificate by the judge as
11- 5 to the number of days served and the mileage. Such
11- 6 compensation shall not diminish or otherwise impair the
11- 7 payment or receipt of any retirement or pension benefits of
11- 8 such judge.
SECTION 19.
11- 9 Solicitors and public defenders pro hac vice.
11-10 (a) The solicitors shall appoint solicitors pro hac vice as
11-11 needed by such courts, and as provided by the governing body
11-12 of each city, to act in the event of emergency or necessity
11-13 except as provided herein.
11-14 (b) The chief judge of any such courts shall appoint
11-15 solicitors pro hac vice or public defenders pro hac vice
11-16 when there is a conflict of interest associated with the
11-17 office of the solicitor or public defender. For the
11-18 appointment of a solicitor pro hac vice or public defender
11-19 pro hac vice, the solicitor or public defender shall make a
11-20 written request to the chief judge or file a motion before
11-21 the court setting out the nature of the conflict of
11-22 interest.
SECTION 20.
11-23 Terms of court.
11-24 Each court shall have two terms of six months, each term to
11-25 be designated by the name of the month in which the term
11-26 begins and shall also have such adjourned terms as the chief
11-27 judge may prescribe. Two or more sessions of each court may
11-28 be held at the same time and each court shall sit at such
11-29 places within the city as the governing authority shall
11-30 provide.
SECTION 21.
11-31 Housing and facilities for courts.
11-32 Each court shall sit at such places within the city as the
11-33 governing authority shall provide. However, the governing
11-34 authority of each city shall provide adequate courtrooms,
11-35 offices, equipment, and other facilities necessary for the
11-36 operation of each of such courts.
H. B. No. 1447
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HB 1447/AP
SECTION 22.
12- 1 Violation bureau; director.
12- 2 (a) The governing authority of each city may provide a
12- 3 violation bureau for the payment of fines for violations of
12- 4 traffic ordinances of the city without offenders being
12- 5 required to make an appearance in court. The fines for such
12- 6 offenses shall be in accord with a schedule of fines
12- 7 determined by the chief judge. However, such procedures
12- 8 shall not be available for violations involving an accident
12- 9 or driving while under the influence of intoxicants, whether
12-10 or not an accident occurs.
12-11 (b) There shall be a director of the violation bureau who
12-12 shall be appointed by and serve at the pleasure of a
12-13 majority of the judges.
SECTION 23.
Probation.
12-14 When such courts are located in counties having a county
12-15 probation system where the probation officers are
12-16 functioning and deemed to be the same as circuit probation
12-17 officers under the provisions of Article 2 of Chapter 8 of
12-18 Title 42 of the O.C.G.A., the "State-wide Probation Act,"
12-19 probationers from such courts shall be supervised by the
12-20 county probation system. The expense of supervising such
12-21 probationers shall be paid by such cities out of the moneys
12-22 collected as fines and forfeitures.
SECTION 24.
12-23 Criminal prosecutions.
12-24 Criminal prosecutions in such courts may be instituted by
12-25 summons, written information, or accusation specifically
12-26 setting forth the offense charged. Such information,
12-27 accusation, or summons may be signed by the solicitor or
12-28 assistant solicitor or by the chief of police or any member
12-29 of the police department.
SECTION 25.
12-30 Appellate review.
12-31 The orders, verdicts, judgments, and sentences of such
12-32 courts shall be subject to appellate review in accordance
12-33 with the provisions of general law:
12-34 (1) By the appropriate appellate court of this state in
12-35 misdemeanor cases; and
H. B. No. 1447
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HB 1447/AP
13- 1 (2) By writ of certiorari in the appropriate superior
13- 2 court in all other cases.
SECTION 26.
13- 3 Fines and forfeitures; priority in distribution.
13- 4 Except as provided in Sections 27 and 28 of this Act, all
13- 5 moneys arising from fines or forfeitures imposed and
13- 6 collected in such courts shall be paid into the treasury of
13- 7 the respective cities and shall be used first to cover the
13- 8 housing facilities, equipment, personnel and personnel
13- 9 training, and other costs necessary for the administration
13-10 of such courts. Any remaining funds shall be used to defray
13-11 the expenses associated with the enforcement of laws and
13-12 ordinances relating to and regulating traffic.
SECTION 27.
13-13 Additional penalty.
13-14 (a)(1) In every traffic case, other than parking
13-15 violations, in which a court imposes a fine under this
13-16 Act for a violation of a state law or local ordinance
13-17 there shall be imposed as an additional penalty a sum
13-18 not to exceed $3.00.
13-19 (2) At the time of posting bail or bond in any traffic
13-20 case before a court under this section, an additional
13-21 sum not to exceed $3.00 shall be posted. In every
13-22 traffic case in which a court under this section orders
13-23 the forfeiture of bail or bond, the additional sum
13-24 posted shall be paid over as provided in subsection (b)
13-25 of this section.
13-26 (b) The additional penalty in cases in which fines are
13-27 imposed and the additional sum for forfeiture of bails and
13-28 bonds provided for in paragraphs (1) and (2) of subsection
13-29 (a) of this section shall be collected by the court officer
13-30 charged with the duty of collecting fines and forfeited
13-31 bails or bonds. The funds collected shall be distributed by
13-32 the finance department of the city served by the traffic
13-33 court created by this Act. One-third of the funds collected
13-34 shall be distributed to the court created by this Act in
13-35 support of the Victims and Witnesses Assistance Program
13-36 operated by the chief judge of such court. Two-thirds of
13-37 the funds collected under this Act shall be distributed by
13-38 the city finance department to the crime commission serving
13-39 such city, in support of the Victims and Witnesses
13-40 Assistance Program operated by the crime commission in the
13-41 municipal court of said city. Budgets for each of the
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14- 1 Victims and Witnesses Assistance Programs named in this
14- 2 section shall be submitted to the finance committee of the
14- 3 city council for review and approval of the distribution of
14- 4 the funds. An annual report to the governing authority of
14- 5 the city served by the traffic court created by this Act of
14- 6 the moneys received by each recipient of these funds shall
14- 7 be made by the chief judge of each court in which a Victims
14- 8 and Witnesses Assistance Program is supported by the funds
14- 9 collected under this section.
14-10 (c) Except as otherwise provided in subsection (b) of this
14-11 section and except as otherwise provided in Section 28, all
14-12 moneys arising from fines or forfeitures imposed and
14-13 collected in such courts shall be paid into the treasury of
14-14 the respective city served by the court and shall be used
14-15 exclusively to defray the expense of operating such courts
14-16 and the enforcement of the laws and ordinances relating to
14-17 and regulating traffic.
SECTION 28.
14-18 Additional penalty.
14-19 (a)(1) In every case in which such courts shall impose a
14-20 fine, which shall be construed to include costs, for any
14-21 offense against a criminal or traffic law of this state
14-22 or any ordinance of a political subdivision thereof,
14-23 there shall be imposed as an additional penalty a sum
14-24 equal to 10 percent of the original fine. Such
14-25 additional penalties shall be paid over as provided in
14-26 subsection (c) of this section. The penalty provided in
14-27 this paragraph shall be in addition to any penalty or
14-28 additional penalty provided for in Sections 26 and 27 of
14-29 this Act.
14-30 (2) At the time of posting bail or bond in any case
14-31 involving a violation of a criminal or traffic law of
14-32 this state or ordinance of a political subdivision
14-33 thereof, an additional sum equal to 10 percent of the
14-34 original amount of bail or bond shall be posted. In
14-35 every case in which such courts shall order the
14-36 forfeiture of bail or bond, the additional sum equal to
14-37 10 percent of the original bail or bond shall be paid
14-38 over as provided in subsection (c) of this section. The
14-39 additional sums provided for in this paragraph shall be
14-40 in addition to any sums provided for in paragraph (2) of
14-41 subsection (a) of Section 27 of this Act.
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15- 1 (b) Such sums required by subsection (a) of this section and
15- 2 Section 27 of this Act shall be in addition to that amount
15- 3 required by Code Section 47-17-60 of the O.C.G.A. to be paid
15- 4 into the Peace Officers' Annuity and Benefit Fund or by Code
15- 5 Section 47-11-51 of the O.C.G.A. to be paid into the Judges
15- 6 of the Probate Courts Retirement Fund of Georgia.
15- 7 (c) The sums provided for in subsection (a) of this section
15- 8 shall be assessed and collected by the clerk or court
15- 9 officer charged with the duty of collecting moneys arising
15-10 from fines and forfeited bonds and shall be paid over to the
15-11 governing authority of the city in which the court is
15-12 located by the tenth day of the month following the month in
15-13 which such sums are collected. Such sums paid over to the
15-14 governing authority shall be deposited by the governing
15-15 authority into a special account to be known as the "city
15-16 jail fund."
15-17 (d) Any person whose duty it is to collect and remit the
15-18 sums provided for in this Act who fails or refuses to remit
15-19 such sums by the date required by this Act shall be guilty
15-20 of a misdemeanor.
15-21 (e) Moneys collected pursuant to this section and placed in
15-22 the city jail fund shall be expended by the governing
15-23 authority of the city solely and exclusively for
15-24 constructing, operating, and staffing city jails, city
15-25 correctional institutions, and city detention facilities or
15-26 for the purpose of contracting for such facilities with
15-27 other cities, counties, the state, or other political
15-28 subdivisions. The city jail fund and moneys collected
15-29 pursuant to this Act to be placed in the city jail fund may
15-30 be pledged as security for the payment of bonds issued for
15-31 the construction of city jails, city correctional
15-32 institutions, and city detention facilities. This section
15-33 shall not preclude the appropriation or expenditure of other
15-34 funds by the governing authority of any city or by the
15-35 General Assembly for the purpose of constructing, operating,
15-36 or staffing city jails, city correctional institutions, and
15-37 city detention facilities.
SECTION 29.
15-38 Continuance of certain courts; transfer of cases.
15-39 Any such court or system of courts created and in existence
15-40 pursuant to an Act approved April 21, 1967 (Ga. L. 1967, p.
15-41 3360), as amended, is continued in existence, but on and
15-42 after the effective date of this Act shall be constituted as
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16- 1 provided in this Act. All cases and matters that are
16- 2 pending in such court or system of courts shall be
16- 3 transferred to the court created under this Act. All
16- 4 records, books, and documents relating to such cases or
16- 5 prior cases shall be transferred likewise.
SECTION 30.
16- 6 Specific repealer.
16- 7 An Act to create a system of traffic courts pursuant to the
16- 8 Constitution of Georgia for each city of this State having a
16- 9 population of more than 300,000 by the Federal Census of
16-10 1960, or any future Federal Census, giving to such courts
16-11 jurisdiction to try offenses against the traffic laws of
16-12 this State and offenses against traffic ordinances committed
16-13 within the territorial jurisdiction of such cities, approved
16-14 April 21, 1967 (Ga. L. 1967, p. 3360), and all amendatory
16-15 Acts thereto, are repealed in their entirety.
SECTION 31.
16-16 General repealer.
16-17 All laws and parts of laws in conflict with this Act are
16-18 repealed.
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97