07 LC 29
2533
Senate
Bill 266
By:
Senator Wiles of the 37th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 21A of Title 15 of the Official Code of Georgia Annotated,
relating to judicial accounting, so as to add a penalty, late fees, and interest
for failure to remit certain funds and reports to the authority; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
21A of Title 15 of the Official Code of Georgia Annotated, relating to judicial
accounting, is amended by revising Code Section 15-21A-8, relating to the
penalty for failure to remit funds, as follows:
"15-21A-8.
(a)
Any clerk of court or any other officer or agent receiving any funds subject to
this chapter who knowingly fails to pay over any such funds to the authority as
required by this chapter, after receiving notice from the authority that such
funds are delinquent, shall be guilty of a misdemeanor, except that if the
amount of funds knowingly not paid over is $10,000.00 or more then such person
shall be guilty of a felony and punished by imprisonment for not less than one
nor more than ten years. The offense created by this
Code
section
subsection
shall not merge with any other offense.
Any court, as
such term is defined in Code Section 15-21A-7, which is delinquent in paying
over funds to the authority shall also pay a late fee equal to 5 percent of the
funds owed and interest at the legal rate of interest as set forth in Code
Section 7-4-2.
(b)
No state administered financial assistance, grant, or loan shall be issued to
any local government when any clerk of court or any other court officer, judge,
or agent of the court knowingly fails to comply with subsection (b) of Code
Section 15-21A-7 after receiving notice from the authority that such report is
delinquent."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.