Disposition of funds from additional penalties

(a) The sums provided for in Code Section 15-21-179 shall be assessed and collected by the clerk or other court officer charged with the duty of collecting moneys from fines and shall be paid over by the last day of the following month to the Georgia Superior Court Clerks’ Cooperative Authority for remittance to the Office of the State Treasurer to be deposited into the general fund of the state treasury. (b) Any person whose duty it is to collect and remit the sums provided for in this article who refuses to so remit shall be guilty of a 491 T.15, C.21, A.11 misdemeanor. (Code 1981, § 15-21-180, enacted by Ga. L. 2005, p. 1461, § 2/SB 226; Ga. L. 2010, p. 863, § 2/SB 296.) 15-21-181. Report of funds received from additional penalties; annual reporting requirement; funds made available to Driver’s Education Commission. (a) As soon as practicable after the end of each fiscal year, the Office of the State Treasurer shall report the amount of funds received pursuant to Code Section 15-21-179 to the Office of Planning and Budget and the commission. It is the intent of the General Assembly that, subject to appropriation, an amount equal to such proceeds received from such fines in any fiscal year shall be made available during the following fiscal year to the commission for the purposes set forth in Code Section 15-21-178. (b) Not later than October 1 of each year, the commission shall provide a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives, as well as the committee chairpersons for the standing committees in the Senate and the House of Representatives that are assigned issues related to motor vehicles. The report shall include the amount of funds collected from the additional penalty imposed under this article for the previous three fiscal years, the amount of such funds appropriated to the commission for each such corresponding year, and the manner and purposes for which such funds have been expended. (Code 1981, § 15-21-181, enacted by Ga. L. 2005, p. 1461, § 2/SB 226; Ga. L. 2010, p. 863, § 2/SB 296; Ga. L. 2013, p. 741, § 2/SB 231.) The 2013 amendment, effective May 6, 2013, designated the existing provi- sions as subsection (a) and added subsection (b). ARTICLE 11 SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN FUND Delayed effective date. — Ga. L. 2015, p. SB 8, § 6-1(b)/SB 8, not codified by the General Assembly, provides that this article ‘‘shall become effective on January 1, 2017, provided that a constitutional amendment is passed by the General Assembly and is ratified by the voters in the November, 2016, General Election amending the Constitution of Georgia to authorize the General Assembly to provide specific funding to the Safe Harbor for Sexually Exploited Children Fund. If such an amendment to the Constitution of Georgia is not so ratified, then Part 3 of this Act shall not become effective and shall stand repealed by operation of law on January 1, 2017.’’ Editor’s notes. — Ga. L. 2015, p. 675, § 1-1/SB 8, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Safe Harbor/Rachel’s Law Act.’’’ Ga. L. 2015, p. 675, § 1-2/SB 8, not codified by the General Assembly, provides that: ‘‘(a) The General Assembly finds that arresting, prosecuting, and incarcerating victimized children serves to retraumatize children and increases their 492 T.15, C.21, A.11 PAYMENT AND DISPOSITION OF FINES feelings of low self esteem, making the process of recovery more difficult. The General Assembly acknowledges that both federal and state laws recognize that sexually exploited children are the victims of crime and should be treated as victims. The General Assembly finds that sexually exploited children deserve the protection of child welfare services, including family support, crisis intervention, counseling, and emergency housing services. The General Assembly finds that it is necessary and appropriate to adopt uniform and reasonable assessments and regulations to help address the deleterious secondary effects, including but not limited to, prostitution and sexual exploitation of children, associated with adult entertainment establishments that allow the sale, possession, or consumption of alcohol on premises and that provide to their patrons performances and interaction involving various forms of nudity. The General Assembly finds that a correlation exists between adult live entertainment establishments and the sexual exploitation of children. The General Assembly finds that adult live entertainment establishments 15-21-201 present a point of access for children to come into contact with individuals seeking to sexually exploit children. The General Assembly further finds that individuals seeking to exploit children utilize adult live entertainment establishments as a means of locating children for the purpose of sexual exploitation. The General Assembly acknowledges that many local governments in this state and in other states found deleterious secondary effects of adult entertainment establishments are exacerbated by the sale, possession, or consumption of alcohol in such establishments. ‘‘(b) The purpose of this Act is to protect a child from further victimization after he or she is discovered to be a sexually exploited child by ensuring that a child protective response is in place in this state. The purpose and intended effect of this Act in imposing assessments and regulations on adult entertainment establishments is not to impose a restriction on the content or reasonable access to any materials or performances protected by the First Amendment of the United States Constitution or Article I, Section I, Paragraph V of the Constitution of this state.’’ 15-21-200. (For effective date, see note.) Authority. This article is enacted pursuant to Article III, Section IX, Paragraph VI(o) of the Constitution, which provision authorizes additional penalty assessments for violations relating to certain sexual crimes, authorizes assessments on certain businesses, and provides that the proceeds derived therefrom may be used for the purpose of meeting the costs of care and rehabilitative and social services for certain citizens of this state who have been sexually exploited. (Code 1981, § 15-21-200, enacted by Ga. L. 2015, p. 675, § 3-1/SB 8.) Editor’s notes. — For information as to the effective date of this Code section, see the delayed effective date note at the beginning of this article. 15-21-201. (For effective date, see note.) Definitions. As used in this article, the term: (1) ‘‘Adult entertainment establishment’’ means any place of business or commercial establishment where alcoholic beverages of any kind are sold, possessed, or consumed wherein: 493 15-21-201 (A) The entertainment or activity therein consists of nude or substantially nude persons dancing with or without music or engaged in movements of a sexual nature or movements simulating sexual intercourse, oral copulation, sodomy, or masturbation; (B) The patron directly or indirectly is charged a fee or required to make a purchase in order to view entertainment or activity which consists of persons exhibiting or modeling lingerie or similar undergarments; or (C) The patron directly or indirectly is charged a fee to engage in personal contact by employees, devices, or equipment, or by personnel provided by the establishment. Such term shall include, but shall not be limited to, bathhouses, lingerie modeling studios, and related or similar activities. Such term shall not include businesses or commercial establishments which have as their sole purpose the improvement of health and physical fitness through special equipment and facilities, rather than entertainment. (2) ‘‘Commission’’ means the Safe Harbor for Sexually Exploited Children Fund Commission. (3) ‘‘Fund’’ means the Safe Harbor for Sexually Exploited Children Fund. (4) ‘‘Safe house’’ means a licensed residential facility that provides safe and secure shelter. (5) ‘‘Sexually explicit conduct’’ shall have the same meaning as set forth in Code Section 16-12-100. (6) ‘‘Sexually exploited child’’ means a person who is younger than 18 years of age who: (A) Has been the victim of trafficking of persons for sexual servitude in violation of Code Section 16-5-46; (B) Has engaged in sodomy, prostitution, solicitation of sodomy, or masturbation for hire; or (C) Has been the victim of sexually explicit conduct for the purpose of producing any print or visual medium. (7) ‘‘Substantially nude’’ means dressed in a manner so as to display any portion of the female breast below the top of the areola or displaying any portion of any person’s pubic hair, anus, cleft of the buttocks, vulva, or genitals. (8) ‘‘Visual medium’’ shall have the same meaning as set forth in Code Section 16-12-100. (Code 1981, § 15-21-201, enacted by Ga. L. 2015, p. 675, § 3-1/SB 8.) 494 Editor’s notes. — For information as to the effective date of this Code section, 15-21-203 see the delayed effective date note at the beginning of this article. 15-21-202. (For effective date, see note.) Commission established; fund creation; disbursement of proceeds. (a) There is established the Safe Harbor for Sexually Exploited Children Fund Commission which is assigned to the Division of Family and Children Services of the Department of Human Resources for administrative purposes only, as prescribed in Code Section 50-4-3. (b) There is created the Safe Harbor for Sexually Exploited Children Fund as a separate fund in the state treasury. The state treasurer shall credit to the fund all amounts transferred to the fund and shall invest the fund moneys in the same manner as authorized for investing other moneys in the state treasury. (c) The commission may authorize the disbursement of available money from the fund, after appropriation thereof, for purposes of providing care, rehabilitative services, residential housing, health services, and social services, including establishing safe houses, to sexually exploited children and to a person, entity, or program eligible pursuant to criteria to be set by the commission. The commission shall also consider disbursement of available money from the fund to a person, entity, or program devoted to awareness and prevention of becoming a sexually exploited child. The commission may also authorize the disbursement of fund money for the actual and necessary operating expenses that the commission incurs in performing its duties; provided, however, that such disbursements shall be kept at a minimum in furtherance of the primary purpose of the fund, which is to disburse money to provide care and rehabilitative and social services for sexually exploited children. (Code 1981, § 15-21-202, enacted by Ga. L. 2015, p. 675, § 3-1/SB 8.) Editor’s notes. — For information as to the effective date of this Code section, see the delayed effective date note at the beginning of this article. 15-21-203. (For effective date, see note.) Commission membership; administration. (a) The commission shall consist of eight members. Seven of the members shall serve for terms of two years, except that with respect to the first members appointed, two members shall be appointed for terms of three years, four members for terms of two years, and one member for a term of one year. The director of the Division of Family and Children Services of the Department of Human Services shall be a permanent member of the commission. The chairperson of the Criminal Justice Coordinating Council, the commissioner of behavioral health and 495 15-21-204 developmental disabilities, and the director of the Division of Family and Children Services of the Department of Human Services shall each appoint one member of the commission; the President of the Senate and the Speaker of the House of Representatives shall each appoint two of the remaining four members. The Governor shall establish initial terms of office for all members of the commission within the limitations of this subsection. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment, and the successor shall serve for the unexpired term. (c) Membership on the commission shall not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. (d) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropriate. (e) The commission, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this article. (Code 1981, § 15-21-203, enacted by Ga. L. 2015, p. 675, § 3-1/SB 8.) Editor’s notes. — For information as to the effective date of this Code section, see the delayed effective date note at the beginning of this article. 15-21-204. (For effective date, see note.) Compensation. Members of the commission shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the commission is in attendance at a meeting of such commission, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. Expense allowances and other costs authorized in this Code section shall be paid from moneys in the fund. (Code 1981, § 15-21-204, enacted by Ga. L. 2015, p. 675, § 3-1/SB 8.) Editor’s notes. — For information as to the effective date of this Code section, see the delayed effective date note at the beginning of this article. 496 15-21-206 15-21-205. (For effective date, see note.) Commission meetings and responsibilities. (a) The commission shall: (1) Meet at such times and places as it shall determine necessary or convenient to perform its duties on the call of the chairperson or the Governor; (2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business; (4) Accept applications for disbursements of available money from the fund; (5) Develop a state-wide protocol for helping to coordinate the delivery of services to sexually exploited children; (6) Provide oversight and accountability for any program that receives disbursements from the fund; (7) Maintain records of all its expenditures, funds received as gifts and donations, and disbursements made from the fund; and (8) Conform to the standards and requirements prescribed by the state accounting officer pursuant to Chapter 5B of Title 50. (b) The commission shall utilize existing state resources and staff of participating departments whenever practicable. (Code 1981, § 15-21-205, enacted by Ga. L. 2015, p. 675, § 3-1/SB 8.) Editor’s notes. — For information as to the effective date of this Code section, see the delayed effective date note at the beginning of this article. 15-21-206. (For effective date, see note.) Recommendations authorized. The commission may recommend to the Governor and the General Assembly changes in state programs, laws, policies, budgets, and standards relating to the care and rehabilitation of sexually exploited children, changes to improve coordination among state agencies that provide care and rehabilitative and social services to sexually exploited children, and changes to improve the condition of sexually exploited children who are in need of rehabilitative and social services. (Code 1981, § 15-21-206, enacted by Ga. L. 2015, p. 675, § 3-1/SB 8.) Editor’s notes. — For information as to the effective date of this Code section, see the delayed effective date note at the beginning of this article. 497 15-21-208 15-21-207. (For effective date, see note.) Funding sources. The commission may accept and solicit federal funds granted by Congress or executive order for the purposes of this article as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds shall not commit state funds and shall not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available. All such funds received in the manner described in this Code section shall be transmitted to the state treasurer for deposit into the fund to be disbursed as other moneys in the fund. (Code 1981, § 15-21-207, enacted by Ga. L. 2015, p. 675, § 3-1/SB 8.) Editor’s notes. — For information as to the effective date of this Code section, see the delayed effective date note at the beginning of this article. 15-21-208. (For effective date, see note.) Financial penalty; collection. (a) In every case in which any court in this state shall impose a fine, which shall be construed to include costs, for trafficking a person for sexual servitude in violation of Code Section 16-5-46 or any violation of Code Section 16-6-10, 16-6-11, 16-6-12, 16-6-14, 16-6-15, 16-6-16, or 16-12-100, there shall be imposed an additional penalty of $2,500.00 if the defendant was 18 years of age or older at the time of the offense. (b) Such sums shall be in addition to any amount required to be paid into any pension, annuity, or retirement fund under Title 47 or any other law and in addition to any other amounts provided for in this chapter. (c) The sums provided for in this Code section shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and shall be paid over by the last day of the following month to the Georgia Superior Court Clerks’ Cooperative Authority for remittance to the Safe Harbor for Sexually Exploited Children Fund Commission, to be deposited into the Safe Harbor for Sexually Exploited Children Fund. (d) Any person whose duty it is to collect or remit the sums provided for in this Code section who intentionally refuses to collect or remit such sums shall be guilty of a misdemeanor. (Code 1981, § 15-21-208, enacted by Ga. L. 2015, p. 675, § 3-1/SB 8.) Editor’s notes. — For information as to the effective date of this Code section, see the delayed effective date note at the beginning of this article. 498 15-21-209 15-21-209. (For effective date, see note.) State operation assessment against adult entertainment establishments; determination of obligation; use of funds; administration. (a) By April 30 of each calendar year, each adult entertainment establishment shall pay to the commissioner of revenue a state operation assessment equal to the greater of 1 percent of the previous calendar year’s gross revenue or $5,000.00. This state assessment shall be in addition to any other fees and assessments required by the county or municipality authorizing the operation of an adult entertainment business. (b) The previous year’s gross revenue of an adult entertainment establishment shall be determined based upon tax returns filed with the Department of Revenue. The commissioner of revenue may, by rule or regulation, require other reports or returns to be filed by an adult entertainment establishment as he or she deems appropriate. (c) The assessments collected pursuant to this Code section shall be remitted to the Safe Harbor for Sexually Exploited Children Fund Commission, to be deposited into the Safe Harbor for Sexually Exploited Children Fund. (d) The assessments imposed by this Code section shall be assessed and collected in the same manner as taxes due the state in Title 48 and appeals of such assessments shall be within the jurisdiction of the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50. (e) The commissioner of revenue shall be authorized to promulgate any rules and regulations he or she deems necessary to implement and administer the provisions of this Code section. (Code 1981, § 15-21-209, enacted by Ga. L. 2015, p. 675, § 3-1/SB 8.) Editor’s notes. — For information as to the effective date of this Code section, see the delayed effective date note at the beginning of this article. 499 T.15, C.21A COURTS 15-21A-1 CHAPTER 21A JUDICIAL ACCOUNTING Sec. 15-21A-1. 15-21A-2. 15-21A-3. 15-21A-4. 15-21A-5. 15-21A-6. Sec.