Priorities of distribution of fines, bond forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court

O.C.G.A. § 15-6-95, under CLERKS OF SUPERIOR COURTS.

O.C.G.A. § 15-6-95

Notwithstanding any law to the contrary, a clerk of any superior court of this state who receives partial payments, as ordered by the court, of criminal fines, bond forfeitures, or costs shall distribute such sums in the order of priority set forth below: (1) The amount provided for in Chapter 17 of Title 47 for the Peace Officers’ Annuity and Benefit Fund; (2) The amount provided for in Chapter 14 of Title 47 for the Superior Court Clerks’ Retirement Fund of Georgia; (3) The amount provided for in Chapter 16 of Title 47 for the Sheriffs’ Retirement Fund of Georgia; (4) The amount provided for in cases of driving under the influence for purposes of the Brain and Spinal Injury Trust Fund under Code Section 15-21-149 and the amount provided for in cases of reckless driving for purposes of the Brain and Spinal Injury Trust Fund under Code Section 15-21-151; (5) The balance of the base fine owed to the county; (6) The amounts provided for in Code Section 15-21-93 for jail construction and staffing; (7) The amounts provided under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73; (8) The amounts provided for under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73; (9) The amount provided for in Code Section 15-21-131 for funding local victim assistance programs; (10) The amount provided for in Code Section 36-15-9 for county law libraries; (11) The amount provided for in cases of driving under the influence for purposes of the Georgia Crime Victims Emergency Fund under Code Section 15-21-112; (12) The amount provided for in Code Section 15-21-100 for the Drug Abuse Treatment and Education Fund; (13) The amount provided for in Code Section 15-21-208 for the Safe Harbor for Sexually Exploited Children Fund; (14) The amounts provided for in subsection (d) of Code Section 42-8-34; and (15) The application fee provided for in subsection (c) or (e) of Code Section 15-21A-6. History. — Code 1981, § 15-6-95, enacted by Ga. L. 1993, p. 374, § 1; Ga. L. 1994, p. 97, § 15; Ga. L. 2004, Ex. Sess., p. ES3, § 3/HB 1EX; Ga. L. 2005, p. 1461, § 1/SB 226; Ga. L. 2006, p. 343, § 2/SB 637; Ga. L. 2008, p. 846, § 5/HB 1245; Ga. L. 2012, p. 993, § 2/SB 50; Ga. L. 2013, p. 141, § 15/HB 79; Ga. L. 2015, p. 675, § 3-2/SB 8; Ga. L. 2015, p. 693, § 3-13/HB 233; Ga. L. 2020, p. 586, § 1/HB 576. The 2020 amendment, effective August 3, 2020, substituted the present provisions of paragraph (4) for the former provisions, which read: ‘‘The amounts provided under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73’’; substituted the present provisions of paragraph (5) for the former provisions, which read: ‘‘The amounts provided for under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73’’; substituted the present provisions of paragraph (7) for the former provisions, which read: ‘‘The amount provided for in Code Section 15-21-131 for funding local victim assistance programs’’; substituted the present provisions of paragraph (8) for the former provisions, which read: ‘‘The amount provided for in Code Section 36-15-9 for county law libraries’’; substituted the present provisions of paragraph (9) for the former provisions, which read: ‘‘The balance of the base fine owed to the county’’; substituted the present provisions of paragraph (10) for the former provisions, which read: ‘‘The amount provided for in cases of driving under the influence for purposes of the Georgia Crime Victims Emergency Fund under Code Section 15-21-112’’; substituted the present provisions of paragraph (11) for the former provisions, which read: ‘‘The application fee provided for in subsection (c) or (e) of Code Section 15-21A-6’’; substituted the present provisions of paragraph (12) for the former provisions, which read: ‘‘The amount provided for in cases of driving under the influence for purposes of the Brain and Spinal Injury Trust Fund under Code Section 15-21-149’’; substituted the present provisions of paragraph (13) for the former provisions, which read: ‘‘The amount provided for in Code Section 15-21-100 for the Drug Abuse Treatment and Education Fund’’; and substituted the present provisions of paragraph (15) for the former provisions, which read: ‘‘The amount provided for in Code Section 15-21-208 for the Safe Harbor for Sexually Exploited Children Fund’’.