Bill Text: GA HB41 | 2011-2012 | Regular Session | Comm Sub

---

Bill Title: Superior court fees; appellate record and transcript; change; provisions

Spectrum: Partisan Bill (Republican 5-0)

Status: (Passed) 2011-03-16 - Effective Date [HB41 Detail]

Download: Georgia-2011-HB41-Comm_Sub.html

---

11 LC 29 4534S

House Bill 41 (COMMITTEE SUBSTITUTE)

By: Representatives Smith of the 131st, Willard of the 49th, Lindsey of the 54th, and Atwood of the 179th

A BILL TO BE ENTITLED
AN ACT

To amend Title 5 and Title 15 of the Official Code of Georgia Annotated, relating to appeal and error and courts, respectively, so as to exempt the Department of Law from the fee charged for the preparation of the record in capital felony cases; to reduce the fee charged for the preparation of an appellate record and transcript; to reduce the fee charged for the preparation of the record of appeal in a criminal case involving a capital felony; to exempt issuance of certificates of appointment of notaries public from the judicial operations fund fee; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by revising subsection (b) of Code Section 5-6-43, relating to preparation and transmittal or record on appeal by court clerks, as follows:

"(b) Where the accused in a criminal case was convicted of a capital felony, the clerk shall likewise furnish, at no cost, the Attorney General with an exact copy of the record on appeal, for which the clerk shall receive a fee as required by paragraph (6) of subsection (h) of Code Section 15-6-77, to be paid out of funds appropriated to the Department of Law."

SECTION 2.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (12) of subsection (g) and paragraph (6) of subsection (h) of Code Section 15-6-77, relating to fees to be charged by superior court clerks, as follows:

"(12) Preparation of record and transcript to the Supreme Court and Court of Appeals, per page	10.00 1.00
Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript but shall receive, for filing and transmission of such transcript, a fee of	35.00"
"(6) Preparation and furnishing copy of the record of appeal in criminal cases where the accused was convicted of capital felony, except when provided in accordance with subsection (b) of Code Section 5-6-43, per page	5.00 1.00
Clerk's certificate	1.00
The clerk shall not receive compensation for the transcript of evidence and proceedings."

SECTION 3.

Said title is further amended by revising subsection (a) of Code Section 15-21A-6.1, relating to the judicial operations fund fee for superior courts, as follows:

"(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, certiorari, 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."

SECTION 4.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and Sections 1 and 2 of this Act shall apply retroactively to all cases for which fees have not been assessed.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.