Bill Text: GA HB41 | 2011-2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
11 LC 29
4534S/AP
House
Bill 41 (AS PASSED HOUSE AND SENATE)
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
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.