HB 1569 - Family violence cases; certain fee assessment; prohibit
Georgia House of Representatives - 1995/1996 Sessions
HB 1569 - Family violence cases; certain fee assessment; prohibit
Page Numbers - 1/ 2/ 3
1. Baker 70th 2. Orrock 56th 3. Bordeaux 151st
House Comm: Judy / Senate Comm: Judy /
House Vote: Yeas 165 Nays 0 Senate Vote: Yeas 43 Nays 0
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House Action Senate
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2/2/96 Read 1st Time 2/21/96
2/5/96 Read 2nd Time 3/5/96
2/13/96 Favorably Reported 2/29/96
Sub Committee Amend/Sub
2/20/96 Read 3rd Time 3/14/96
2/20/96 Passed/Adopted 3/14/96
CS Comm/Floor Amend/Sub
3/22/96 Sent to Governor
4/9/96 Signed by Governor
878 Act/Veto Number
7/1/96 Effective Date
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Postponed by the House 2/19 Until 2/20/96
Code Sections amended: 15-6-77, 15-10-82, 15-16-21, 19-13-3
HB 1569 LC 22 2188-ECS
_______________________ offers the following
substitute to HB 1569:
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Title 15 of the Official Code of Georgia Annotated,
1- 2 relating to courts, so as to provide that no fee shall be
1- 3 assessed in superior court in family violence cases under
1- 4 Chapter 13 of Title 19; to provide that no fee shall be
1- 5 assessed in connection with a prosecution of any domestic
1- 6 violence offense for costs associated with the filing of
1- 7 criminal charges by an alleged victim of domestic violence
1- 8 or for the issuance or service of a warrant, protective
1- 9 order, or witness subpoena arising from the incident of
1-10 domestic violence; to provide that no fee shall be assessed
1-11 in magistrate court for costs associated with the filing of
1-12 criminal charges against the domestic violence offender or
1-13 for the costs for issuance or service of a warrant,
1-14 protective order, or witness subpoena arising from the
1-15 incident that is the subject of the arrest or criminal
1-16 prosecution; to provide that no sheriff's fee shall be
1-17 assessed against the alleged victim of any domestic violence
1-18 offense for costs associated with the issuance or service of
1-19 a warrant, protective order, or witness subpoena arising
1-20 from the filing of criminal domestic violence charges; to
1-21 amend Code Section 19-13-3 of the Official Code of Georgia
1-22 Annotated, relating to the filing of a petition seeking
1-23 relief from family violence, so as to provide for the
1-24 abolition of any filing fee for such a petition; to provide
1-25 for related matters; to provide an effective date; to repeal
1-26 conflicting laws; and for other purposes.
1-27 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-28 Title 15 of the Official Code of Georgia Annotated, relating
1-29 to courts, is amended by striking paragraph (4) of
1-30 subsection (e) of Code Section 15-6-77, relating to fees of
1-31 superior court clerks, in its entirety and inserting in its
1-32 place a new paragraph to read as follows:
1-33 "(4) The total sum for all services No fee or cost shall
1-34 be assessed for any service rendered by the clerk of
-1- (Index)
LC 22 2188-ECS
2- 1 superior court through entry of judgment in family
2- 2 violence cases under Chapter 13 of Title 19 shall be
2- 3 $20.00. Such sum shall be inclusive of any additional
2- 4 sums which may be provided for by other laws except
2- 5 costs for service of process; and any remittances
2- 6 required to be made by the clerk of superior court in
2- 7 such cases shall be made from such $20.00. No
2- 8 additional sums, other than costs for service of
2- 9 process, shall be charged or collected in a family
2-10 violence case. The provisions of this paragraph shall
2-11 control over any other conflicting provisions of law and
2-12 shall specifically control over the provisions of Code
2-13 Sections 15-6-77.1, 15-6-77.2, and 15-6-77.3."
SECTION 2.
2-14 Said title is further amended by striking subsection (i) of
2-15 said Code Section 15-6-77 in its entirety and inserting in
2-16 its place a new subsection to read as follows:
2-17 "(i) No fees shall be charged for the following:
2-18 (1) Recording discharge certificates of veterans, as
2-19 provided in Code Section 15-6-78; and
2-20 (2) Recording and certifying documents in connection
2-21 with admission to practice law.; and
2-22 (3) Costs associated with the filing of criminal charges
2-23 by an alleged victim of any domestic violence offense or
2-24 for the issuance or service of a warrant, protective
2-25 order, or witness subpoena arising from the incident of
2-26 domestic violence."
SECTION 3.
2-27 Said title is further amended by striking Code Section
2-28 15-10-82, relating to the hearing fee on application for
2-29 search and arrest warrant or bad check citation, in its
2-30 entirety and inserting in its place a new Code Section
2-31 15-10-82 to read as follows:
2-32 "15-10-82. (Index)
2-33 For hearing an application for an arrest or search warrant
2-34 or deposit account fraud citation, the fee charged shall
2-35 not exceed $10.00, but this fee may be waived by the
2-36 issuing magistrate if he or she finds that because of the
2-37 financial circumstances of the party applying for the
2-38 warrant or citation or for other reasons this fee should
2-39 not be charged in justice; provided that no fee shall be
-2- (Index)
LC 22 2188-ECS
3- 1 assessed against the alleged victim of any domestic
3- 2 violence offense for costs associated with the filing of
3- 3 criminal charges against the domestic violence offender or
3- 4 for the issuance or service of a warrant, protective
3- 5 order, or witness subpoena arising from the incident of
3- 6 domestic violence."
SECTION 4.
3- 7 Said title is further amended by adding at the end of Code
3- 8 Section 15-16-21, relating to the fees for sheriff's
3- 9 services, a new subsection (h) to read as follows:
3-10 "(h) No fee shall be assessed against the alleged victim
3-11 of any domestic violence offense for costs associated with
3-12 the filing of criminal charges against the domestic
3-13 violence offender or for the issuance or service of a
3-14 warrant, protective order, or witness subpoena arising
3-15 from the incident of domestic violence."
SECTION 5.
3-16 Code Section 19-13-3 of the Official Code of Georgia
3-17 Annotated, relating to the filing of a petition seeking
3-18 relief from family violence, is amended by striking
3-19 subsection (a) in its entirety and inserting in its place a
3-20 new subsection (a) to read as follows:
3-21 "(a) A person who is not a minor may seek relief under
3-22 this article by filing a petition with the superior court
3-23 alleging one or more acts of family violence. A person
3-24 who is not a minor may also seek relief on behalf of a
3-25 minor by filing such a petition. The fee for filing a
3-26 petition shall be as provided in Code Section 15-6-77."
SECTION 6.
3-27 This Act shall become effective on July 1, 1996.
SECTION 7.
3-28 All laws and parts of laws in conflict with this Act are
3-29 repealed.
-3- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97