reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 11 - SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN FUND (§§ 15-21-200 — 15-21-209) › Section 15-21-201 - 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:
(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
.
Added by 2015 Ga. Laws 95,§ 3-1, eff. 1/1/2017.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 11 - SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN FUND (§§ 15-21-200 — 15-21-209) › Section 15-21-202 - 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.
Added by 2015 Ga. Laws 95,§ 3-1, eff. 1/1/2017.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 11 - SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN FUND (§§ 15-21-200 — 15-21-209) › Section 15-21-203 - 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 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.
Added by 2015 Ga. Laws 95,§ 3-1, eff. 1/1/2017.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 11 - SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN FUND (§§ 15-21-200 — 15-21-209) › Section 15-21-204 - 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.
Added by 2015 Ga. Laws 95,§ 3-1, eff. 1/1/2017.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 11 - SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN FUND (§§ 15-21-200 — 15-21-209) › Section 15-21-205 - 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.
Added by 2015 Ga. Laws 95,§ 3-1, eff. 1/1/2017.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 11 - SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN FUND (§§ 15-21-200 — 15-21-209) › Section 15-21-206 - 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.
Added by 2015 Ga. Laws 95,§ 3-1, eff. 1/1/2017.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 11 - SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN FUND (§§ 15-21-200 — 15-21-209) › Section 15-21-207 - 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.
Added by 2015 Ga. Laws 95,§ 3-1, eff. 1/1/2017.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 11 - SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN FUND (§§ 15-21-200 — 15-21-209) › Section 15-21-208 - 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
,
16-6-15
,
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.
Amended by 2019 Ga. Laws 30,§ 2-2, eff. 7/1/2019.
Added by 2015 Ga. Laws 95,§ 3-1, eff. 1/1/2017.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 11 - SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN FUND (§§ 15-21-200 — 15-21-209) › Section 15-21-209 - [See Note] State operation assessment against adult entertainment establishments; determination of obligation; use of funds; administration (§ 15-21-209) › 1

(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.
Added by 2015 Ga. Laws 95,§ 3-1, eff. 1/1/2017.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21 - PAYMENT AND DISPOSITION OF FINES AND FORFEITURES (§§ 15-21-1 — 15-21-209) › Article 11 - SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN FUND (§§ 15-21-200 — 15-21-209) › Section 15-21-209 - [See Note] State operation assessment against adult entertainment establishments; determination of obligation; use of funds; administration (§ 15-21-209) › 2

(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 Court in accordance with Chapter 5B of this title, the 'Georgia Tax Court Act of 2025.'
(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.
Amended by 2024 Ga. Laws 601,§ 3-2, eff. 7/1/2026 only if an amendment to the Constitution to provide that the Georgia Tax Court shall have state-wide jurisdiction as provided by law and that decisions of such court shall be appealed to the Court of Appeals, subject to review by the Supreme Court of Georgia, is ratified by the voters at the November, 2024, state-wide general election.
Added by 2015 Ga. Laws 95,§ 3-1, eff. 1/1/2017.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21A - APPROPRIATION FOR THE PURPOSES OF INDIGENT DEFENSE (§§ 15-21A-1 — 15-21A-8) › Section 15-21A-1 - Legislative findings and intent

(a)
The General Assembly finds that over the years, at various times, there have been enacted into the law and Constitution of this state numerous provisions relating to court costs, fees, and criminal penalty and bond surcharges for various stated purposes and that additional costs, fees, and surcharges may be added in the future. Because of the seriatim nature of these enactments, little or no consideration has been given to the interaction of the enacting provisions. There exists a lack of fiscal data concerning such fees. State law has in some cases provided insufficient guidance for local officials with respect to the priority and manner of distribution of such costs, fees, and surcharges. There exists a need for a centralized agency to act as the collecting and remitting agent for such costs, fees, and surcharges in order to provide for uniform practices and fiscal accountability with respect to such collection and remittance.
(b)
It is the intent of this chapter to meet the needs identified in subsection (a) of this Code section and to provide for certain new fees and surcharges in order that funds may be made available for appropriation and may be appropriated for purposes of indigent defense.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21A - APPROPRIATION FOR THE PURPOSES OF INDIGENT DEFENSE (§§ 15-21A-1 — 15-21A-8) › Section 15-21A-2 - "Authority" defined

As used in this chapter, the term "authority" means the Georgia Superior Court Clerks' Cooperative Authority established pursuant to Code Section
15-6-94
.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21A - APPROPRIATION FOR THE PURPOSES OF INDIGENT DEFENSE (§§ 15-21A-1 — 15-21A-8) › Section 15-21A-3 - Georgia Superior Court Clerks' Cooperative Authority as custodial trustee

(a)
As used in this Code section the term "court" means all trial courts within this state including, but not limited to, superior, juvenile, state, magistrate, probate, municipal, and special courts, whether called mayor's courts, recorder's courts, police courts, civil courts, traffic courts, or miscellaneous courts or any other trial court created in this state under any other name.
(b)
The authority shall act as collecting and remitting agent with respect to the costs, fees, and surcharges for certain costs, fees, or surcharges by any clerk of court or other officer or agent of any court. The authority in performing this function shall receive and disburse such funds only in the capacity of a custodial trustee, and such funds shall not in the process of receipt and disbursement become funds of the authority. The costs, fees, and surcharges subject to this Code section are:
(1)
The additional divorce case filing fee under Code Section
15-6-77.4
and the additional marriage license fee under Code Section
15-9-60.1
;
(2)
The surcharge on fines and bonds imposed for the training of law enforcement and prosecutorial officers and for indigent defense purposes under Code Section
15-21-73
;
(3)
The additional penalties imposed in cases of driving under the influence for purposes of state crime victims compensation under Code Section
15-21-112
;
(4)
The additional penalties imposed in cases of driving under the influence for purposes of the Brain and Spinal Injury Trust Fund under Code Section
15-21-149
;
(5)
Fees collected by the courts under Code Section
42-8-34
; and
(6)
Local victim assistance funds collected pursuant to Article 8 of Chapter 21 of this title.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21A - APPROPRIATION FOR THE PURPOSES OF INDIGENT DEFENSE (§§ 15-21A-1 — 15-21A-8) › Section 15-21A-5 - Retention of funds by authority; remittance to general fund of state treasury; accumulation of interest

(a)
The authority shall be entitled to retain from the funds received by the authority under Code Sections
15-21A-3
and
15-21A-6
an amount equal to 1 percent of such funds, but in no event more than $500,000.00 per fiscal year, to reimburse the authority for its costs in administering this chapter. The net proceeds, after deduction of such administrative costs, from the funds received by the authority under Code Section
15-21A-3
shall be remitted by the authority as follows:
(1)
The net proceeds received pursuant to paragraph (1) of subsection (b) of Code Section
15-21A-3
shall be remitted to the general fund of the state treasury;
(2)
The net proceeds received pursuant to paragraph (2) of subsection (b) of Code Section
15-21A-3
shall be remitted to the general fund of the state treasury;
(3)
The net proceeds received pursuant to paragraph (3) of subsection (b) of Code Section
15-21A-3
shall be remitted to the Georgia Crime Victims Compensation Board to be deposited into the Georgia Crime Victims Emergency Fund;
(4)
The net proceeds received pursuant to paragraph (4) of subsection (b) of Code Section
15-21A-3
shall be remitted to the Brain and Spinal Injury Trust Fund Commission for deposit into the Brain and Spinal Injury Trust Fund;
(5)
The net proceeds received pursuant to paragraph (5) of subsection (b) of Code Section
15-21A-3
shall be remitted to the general fund of the state treasury; and
(6)
The net proceeds received pursuant to paragraph (6) of subsection (b) of Code Section
15-21A-3
shall be remitted pursuant to Code Section
15-21-132
for local victim assistance.
(b)
The net proceeds received pursuant to Code Section
15-21A-6
shall be remitted to the general fund of the state treasury.
(c)
Any interest earned on funds subject to this chapter while in the custody of the authority shall be remitted to the general fund of the state treasury.
Amended by 2005 Ga. Laws 19,§ 15, eff. 4/7/2005.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21A - APPROPRIATION FOR THE PURPOSES OF INDIGENT DEFENSE (§§ 15-21A-1 — 15-21A-8) › Section 15-21A-6.1 - Judicial operations fund fee; collection and reporting procedure

(a)
In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional filing fee of $125.00, to be known as a judicial operations fund fee, in each civil action or case filed in a superior court except that the state, including, but not limited to, its departments, agencies, boards, bureaus, commissions, public corporations, and authorities, municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, petitions for review, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the superior court and to which a number is assigned shall be subject to such fee, whether such matter is contested or not; provided, however, that the judicial operations fund fee shall not apply to the issuance of certificates of appointment and reappointment of notaries public.
(b)
Each superior court clerk shall collect the fees provided in this Code section and the moneys shall be paid over to the authority by the last day of the month after the month of collection, to be deposited by the authority into the general fund of the state treasury.
(c)
The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office no later than 60 days after the last day of the preceding quarter.
Amended by 2022 Ga. Laws 875,§ 2-13, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.
Amended by 2014 Ga. Laws 669,§ 15, eff. 4/29/2014.
Amended by 2011 Ga. Laws 7,§ 3, eff. 3/16/2011.
Added by 2010 Ga. Laws 360,§ 1-44, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21A - APPROPRIATION FOR THE PURPOSES OF INDIGENT DEFENSE (§§ 15-21A-1 — 15-21A-8) › Section 15-21A-6.2 - Exemption from judicial operations fund fee; collection and reporting procedures

(a)
In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional filing fee of $125.00, to be known as a judicial operations fund fee, in each civil action or case filed in a state court except that the state, including, but not limited to, its departments, agencies, boards, bureaus, commissions, public corporations, and authorities, municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to any matter which is docketed upon the official dockets of the state court and to which a number is assigned, whether such matter is contested or not.
(b)
Each state court clerk shall collect the fees provided in this Code section and the moneys due the authority shall be paid over to the authority by the last day of the month after the month of collection with $75.00 of these moneys paid to the authority to be deposited by the authority into the general fund of the state treasury and $50.00 of these moneys shall be retained by the local governing authority.
(c)
The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office no later than 60 days after the last day of the preceding quarter.
Amended by 2014 Ga. Laws 669,§ 15, eff. 4/29/2014.
Added by 2010 Ga. Laws 360,§ 1-44, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 21A - APPROPRIATION FOR THE PURPOSES OF INDIGENT DEFENSE (§§ 15-21A-1 — 15-21A-8) › Section 15-21A-8 - Penalty for failure to remit funds

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 shall not merge with any other offense.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 22 - JUDICIAL, DISTRICT ATTORNEY, AND CIRCUIT PUBLIC DEFENDER COMPENSATION COMMISSION (§ 15-22-1) › Section 15-22-1 - through 15-22-5 - [Reserved]

Code 1981, §§
15-22-1
through
15-22-5
, enacted by § Ga. L. 2015, p. 919, 3-1/HB 279; repealed pursuant to its own terms by § Ga. L. 2015, p. 919, 3-1/HB 279, effective June 30, 2020.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 23 - COURT-CONNECTED ALTERNATIVE DISPUTE RESOLUTION (§§ 15-23-1 — 15-23-12) › Section 15-23-1 - Short title

This chapter shall be known and may be cited as the "Georgia Court-connected Alternative Dispute Resolution Act."
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 23 - COURT-CONNECTED ALTERNATIVE DISPUTE RESOLUTION (§§ 15-23-1 — 15-23-12) › Section 15-23-2 - Definitions

As used in this chapter, the term:
(1)
"Alternative dispute resolution" or "ADR" refers to any method other than litigation for resolution of disputes. Alternative dispute resolution methods include mediation, arbitration, early case evaluation or early neutral evaluation, summary jury trial, and minitrial.
(2)
"Board" means the board of trustees of a Fund for the Administration of Alternative Dispute Resolution Programs created by Code Section
15-23-3
.
(3)
"Fund" means one or more funds created pursuant to Code Section
15-23-8
.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 23 - COURT-CONNECTED ALTERNATIVE DISPUTE RESOLUTION (§§ 15-23-1 — 15-23-12) › Section 15-23-3 - Board of Trustees of County Fund for the Administration of Alternative Dispute Resolution Programs

(a)
There is created in each county in this state a board to be known as the Board of Trustees of the __________________ County Fund for the Administration of Alternative Dispute Resolution Programs. The board shall consist of:
(1)
The chief judge of the superior court of the circuit in which the county is located, or the superior court judge with the longest service if there is no chief judge, or a superior court judge designated by the chief judge or the judge with the longest service;
(2)
The chief judge of the state court, if any, or the state court judge with the longest service if there is no chief judge, or a state court judge designated by the chief judge or the judge with the longest service;
(3)
The judge of the probate court;
(4)
The presiding judge of the juvenile court, if any, or a juvenile court judge designated by that judge;
(5)
The chief magistrate or a magistrate designated by the chief magistrate;
(6)
The clerk of the superior court; and
(7)
One practicing attorney appointed by other members of the board.
(b)
The superior court judge on the board shall serve as chairperson of the board. The member who is the practicing attorney shall serve at the pleasure of the other members of the board. All members shall serve without compensation. A majority of the members of the board shall constitute a quorum for the transaction of all business that may come before the board.
(c)
A member who represents a court which does not participate in the alternative dispute resolution program and against whose litigants the additional costs authorized by this chapter are not assessed may attend all meetings but will be a nonvoting member of the board. The presence of such a member shall not be counted in determining the constitution of a quorum.
(d)
Members of any board of trustees of any county fund and other personnel acting in a policy-making capacity shall be immune from any action arising from any act, statement, decision, or omission relating to the implementation of the purposes of this chapter unless the act, statement, decision, or omission is:
(1)
Grossly negligent and made with malice; or
(2)
In willful disregard of the safety or property of any party to the alternative dispute process.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 23 - COURT-CONNECTED ALTERNATIVE DISPUTE RESOLUTION (§§ 15-23-1 — 15-23-12) › Section 15-23-4 - Secretary-treasurers of boards; creation of office; duties

There is created an office to be known as secretary-treasurer of the board of trustees of the County Fund for the Administration of Alternative Dispute Resolution Programs in each county. The secretary-treasurer shall be selected and appointed by the board and shall serve at the pleasure of the board. The board may appoint one of its own members as secretary-treasurer or, in its discretion, may designate some other person to act as secretary-treasurer of the board. The secretary-treasurer of the board shall perform the duties provided for the treasurer in this chapter.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 23 - COURT-CONNECTED ALTERNATIVE DISPUTE RESOLUTION (§§ 15-23-1 — 15-23-12) › Section 15-23-5 - Secretary-treasurers of boards; surety bonds

The secretary-treasurer of the board shall give a good and sufficient surety bond, payable to the fund in such an amount as may be determined by the board, to account faithfully for all funds received and disbursed by him or her. The premium on the bond shall be paid out of the fund in such county. A secretary-treasurer who is designated by a combined board of several counties as provided by Code Section
15-23-12
may satisfy the bonding requirement with one bond. If the secretary-treasurer is already bonded by virtue of being a state employee, such a bond as a state employee will satisfy the bonding requirement.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 23 - COURT-CONNECTED ALTERNATIVE DISPUTE RESOLUTION (§§ 15-23-1 — 15-23-12) › Section 15-23-6 - Powers and duties of boards

(a)
The board is given the following powers and duties:
(1)
To provide for the collection of all money provided for in this chapter;
(2)
To manage, control, and direct such fund and the expenditures made therefrom;
(3)
To distribute the moneys coming into the fund in such manner and subject to such terms and limitations as the board, in its discretion, shall determine will best meet the purpose of this chapter in promoting the alternative resolution of disputes and the efficient administration of justice;
(4)
To contract for the investment, pooling, and expenditure of funds;
(5)
To adopt such rules and regulations as may be necessary to manage such fund and provide for such programs;
(6)
To keep records of all its meetings and proceedings; and
(7)
To exercise all other powers necessary for the proper administration of the funding mechanism provided for in this chapter.
(b)
In addition to the powers and duties listed in subsection (a) of this Code section, the board is authorized in its discretion to create a nonprofit corporation for the purpose of administering an alternative dispute resolution program and soliciting funding for such a program from any lawful source. The trustees or directors of any such nonprofit corporation shall be appointed by the board for terms not to exceed three years.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 23 - COURT-CONNECTED ALTERNATIVE DISPUTE RESOLUTION (§§ 15-23-1 — 15-23-12) › Section 15-23-7 - Additional costs in civil actions for purposes of providing court-connected or court-referred alternative dispute resolution programs

(a)
For the purposes of providing court-connected or court-referred alternative dispute resolution programs, a sum not to exceed $10.00, in addition to all other legal costs, may be charged and collected in each civil action or case filed in the superior, state, probate, and magistrate courts and other courts within the county that have the same powers and jurisdiction as state or magistrate courts.
(b)
A case, within the meaning of this Code section, shall mean and be construed as any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned, whether such matter is contested or not.
(c)
The amount, if any, to be collected in each case shall be fixed in an amount not to exceed the applicable amount set out in subsection (a) of this Code section by the chief judge of the superior court or, if there is no chief judge, by the superior court judge with the longest service, who shall, after advising and notifying the chairperson of the county governing authority, order the clerk to collect said fees and remit them to the treasurer of the county fund for the administration of alternative dispute resolution programs. No such additional costs shall be charged and collected unless the chief judge of the superior court or such chief judge's designee, or if there is no chief judge, the superior court judge with the longest service or such judge's designee first determines that a need exists for an alternative dispute resolution program in one or more of the courts within the county. The chief judge of the superior court or the designee of the chief judge or, if there is no chief judge, the superior court judge with the longest service or the designee of such judge may propose, as to a given court, the collection of an amount exceeding $7.00, but in no event to exceed the applicable amount set out in subsection (a) of this Code section; provided, however, that approval of the board member representing the affected court is necessary before imposition upon litigants of that court of costs authorized by this chapter exceeding $7.00.
(d)
The clerk of each and every such court in such counties shall collect such fees and remit the same to the treasurer of the board of the county in which the case was brought, on the first day of each month. No change in the amount collected pursuant to this Code section may be made within a period of 12 months from the date of a previous change.
(e)
Juvenile court supervision fees collected pursuant to Code Section
15-11-37
may be used for mediation services provided by court programs pursuant to this chapter.
Amended by 2014 Ga. Laws 494,§ 1, eff. 7/1/2014.
Amended by 2013 Ga. Laws 127,§ 4-5, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 23 - COURT-CONNECTED ALTERNATIVE DISPUTE RESOLUTION (§§ 15-23-1 — 15-23-12) › Section 15-23-8 - Funds deposited into special account; expenditure and investment; audits

(a)
The board shall have control of the funds provided for in this chapter. All funds received shall be deposited in a special account to be known as the __________________ County Fund for the Administration of Alternative Dispute Resolution Programs. The board shall have authority to expend the funds in accordance with this chapter and to invest any of the funds so received in any investments which are legal investments for fiduciaries in this state.
(b)
Boards shall comply with and be subject to the audit requirements of Code Section
36-81-7
.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 23 - COURT-CONNECTED ALTERNATIVE DISPUTE RESOLUTION (§§ 15-23-1 — 15-23-12) › Section 15-23-9 - Acceptance of things of value by board for holding or investment on behalf of program

The board may take, by gift, grant, devise, or bequest, any money, real or personal property, or other thing of value and may hold or invest the same for the uses and purposes of the provision and operation of alternative dispute resolution programs.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 23 - COURT-CONNECTED ALTERNATIVE DISPUTE RESOLUTION (§§ 15-23-1 — 15-23-12) › Section 15-23-10 - Determination of need as prerequisite to establishment of program

No alternative dispute resolution program shall be established for any court unless the judge or a majority of the judges of such court determine that there is a need for such program in that court. The funding mechanism set forth in this chapter shall be available to any court, including the juvenile court, which, having determined that a court-annexed or court-referred alternative dispute resolution program would make a positive contribution to the ends of justice in that court, has developed a program meeting the standards of the Supreme Court of Georgia Alternative Dispute Resolution Rules and appendices. Pursuant to the standards set forth in the Supreme Court of Georgia Alternative Dispute Resolution Rules and appendices, the funding mechanism set forth in this chapter shall be available to court programs in which cases are screened by the judge or by the program director under the supervision of the judge on a case-by-case basis to determine whether:
(1)
The case is appropriate for the process;
(2)
The parties are able to compensate the neutral if compensation is required; and
(3)
A need for emergency relief makes referral inappropriate until the request for relief is heard by the court.
Amended by 2013 Ga. Laws 127,§ 4-6, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 23 - COURT-CONNECTED ALTERNATIVE DISPUTE RESOLUTION (§§ 15-23-1 — 15-23-12) › Section 15-23-11 - Compensation of nonvolunteer neutrals by the parties

(a)
Under guidelines promulgated by the Georgia Commission on Dispute Resolution, a court may set an hourly rate for compensation of nonvolunteer neutrals by the parties. Such costs shall be predicated upon the complexity of the litigation, the skill level needed by the neutral, and the litigants' ability to pay.
(b)
Under guidelines promulgated by the Georgia Commission on Dispute Resolution, a court may set a user's fee for alternative dispute resolution processes.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 23 - COURT-CONNECTED ALTERNATIVE DISPUTE RESOLUTION (§§ 15-23-1 — 15-23-12) › Section 15-23-12 - Contracting by boards of several counties to combine funds; secretary-treasurer for combined fund; chairperson

Notwithstanding any other provision of this chapter, the board of trustees of each county fund is authorized by contract to combine such fund with the fund of any other county or counties within the same judicial circuit, within the same administrative district, or in any other combination which would foster an efficient use of available resources. Any such combined fund created by any such contract shall be administered by a board of trustees which shall be composed of the judicial members and the clerks who are members of the boards of trustees of each participating county fund without the participating attorney members thereof but with one practicing attorney appointed by the members of the combined board. In the event two or more county funds are combined, the board of trustees of the combined fund may appoint a secretary-treasurer for the combined fund who shall perform such duties as may be provided by the combined board of trustees and who shall give bond in the same manner as provided by Code Section
15-23-5
. The combined board shall be chaired by the chairperson of one of the constituent county boards elected by the combined board as provided by contract. In the event two or more boards combine as provided in this Code section, the judges of the courts within such combined territory are authorized to combine programs for such courts to provide for the most efficient use of available resources in providing alternative dispute resolution programs.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 24 - SEXUAL ASSAULT PROTOCOL (§§ 15-24-1 — 15-24-2) › Section 15-24-1 - Definitions

As used in this chapter, the term:
(1)
"Protocol committee" or "committee" means a multidisciplinary, multiagency sexual assault committee established for a county pursuant to Code Section
15-24-2
. The protocol committee is charged with developing local protocols to investigate and prosecute alleged cases of sexual assault.
(2)
"Sexual assault" means rape, sodomy, aggravated sodomy, incest, sexual battery, and aggravated sexual battery as those terms are defined in Chapter 6 of Title 16.
Added by 2004 Ga. Laws 519, § 3, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 25 - JUDGES' PERSONAL IDENTIFICATION CARDS (§§ 15-25-1 — 15-25-3) › Section 15-25-1 - Scope of personal identification cards

Nothing in this chapter shall be construed to grant any additional privileges under the law, including, but not limited to, for the carrying of firearms. The issuance of a personal identification card under this chapter shall be construed as a representation of rights and privileges which exist elsewhere in the law.
Added by 2016 Ga. Laws 379,§ 3, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 25 - JUDGES' PERSONAL IDENTIFICATION CARDS (§§ 15-25-1 — 15-25-3) › Section 15-25-3 - Fee; replacement cards

(a)
The judge of the probate court shall collect a fee as determined by The Council of Probate Court Judges of Georgia for any issuance of a personal identification card under this chapter; provided, however, that such fee shall not be less than the cost of producing such personal identification cards.
(b)
(1)
Every personal identification card issued under this chapter shall be renewed on or before its expiration upon application and payment of the required fee as provided for under subsection (a) of this Code section.
(2)
Any replacement of a personal identification card issued under this chapter for any purpose, including, but not limited to, loss or change of the cardholder's name or address, shall be subject to the payment of the required fee as provided for under subsection (a) of this Code section; provided, however, that such replacement of a personal identification card shall be valid only for the remaining period for which the personal identification card being replaced was originally issued.
Added by 2016 Ga. Laws 379,§ 3, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-1 — 16-1-12) › Section 16-1-2 - Purposes of title

The general purposes of this title are:
(1)
To forbid and prevent conduct which unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests;
(2)
To give fair warning of the nature of the conduct forbidden and the sentence authorized upon conviction;
(3)
To define that which constitutes each crime; and
(4)
To prescribe penalties which are proportionate to the seriousness of crimes and which permit recognition of differences in rehabilitation possibilities among individual criminals.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-1 — 16-1-12) › Section 16-1-4 - When conduct constitutes a crime; power of court to punish contempt or enforce orders, civil judgments, and decrees

No conduct constitutes a crime unless it is described as a crime in this title or in another statute of this state. However, this Code section does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order, civil judgment, or decree.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-1 — 16-1-12) › Section 16-1-5 - Presumption of innocence; standard of proof for conviction

Every person is presumed innocent until proved guilty. No person shall be convicted of a crime unless each element of such crime is proved beyond a reasonable doubt.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-1 — 16-1-12) › Section 16-1-6 - Conviction for lesser included offenses

An accused may be convicted of a crime included in a crime charged in the indictment or accusation. A crime is so included when:
(1)
It is established by proof of the same or less than all the facts or a less culpable mental state than is required to establish the commission of the crime charged; or
(2)
It differs from the crime charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest or a lesser kind of culpability suffices to establish its commission.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-1 — 16-1-12) › Section 16-1-7 - Multiple prosecutions for same conduct

(a)
When the same conduct of an accused may establish the commission of more than one crime, the accused may be prosecuted for each crime. He may not, however, be convicted of more than one crime if:
(1)
One crime is included in the other; or
(2)
The crimes differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct.
(b)
If the several crimes arising from the same conduct are known to the proper prosecuting officer at the time of commencing the prosecution and are within the jurisdiction of a single court, they must be prosecuted in a single prosecution except as provided in subsection (c) of this Code section.
(c)
When two or more crimes are charged as required by subsection (b) of this Code section, the court in the interest of justice may order that one or more of such charges be tried separately.