Bill Text: GA HB648 | 2011-2012 | Regular Session | Introduced
Bill Title: Legal services for indigents; certain fees to fund accused; change provisions
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Engrossed - Dead) 2012-03-07 - Senate Read and Referred [HB648 Detail]
Download: Georgia-2011-HB648-Introduced.html
11 LC
29 4862
House
Bill 648
By:
Representatives Golick of the
34th,
Willard of the
49th,
Lindsey of the
54th,
Abrams of the
84th,
Ramsey of the
72nd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia
Annotated, relating to courts and legal defense for indigents, respectively, so
as to change certain provisions so that certain fees and assessments are
dedicated to funding legal services for indigent persons accused of crimes and
delinquent acts; to change provisions relating to the budget of the council; to
provide a contingent effective date; to provide for automatic repeal under
certain conditions; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
15 of the Official Code of Georgia Annotated, relating to courts, is amended by
revising subsection (g) of Code Section 15-6-76.1, relating to the election by
superior court clerks as to investing or depositing funds, as
follows:
"(g)
Any interest earned on funds subject to this Code section or Code Section
15-7-49, 15-9-18, or 15-10-240 while in the custody of the Georgia Superior
Court Clerks' Cooperative Authority shall be remitted to the Georgia Public
Defender Standards Council
pursuant to
Article III, Section IX, Paragraph VI, subparagraph (o) of the Constitution of
Georgia."
SECTION
2.
Said
title is further amended by revising Code Section 15-7-49, relating to the state
court clerk's remittance of interest from interest-bearing trust accounts, as
follows:
"15-7-49.
When
funds are paid into the court registry, the clerk shall deposit such funds in
interest-bearing trust accounts, and the interest from those funds shall be
remitted to the Georgia Superior Court Clerks' Cooperative Authority in
accordance with the provisions of subsections (c) through (i) of Code Section
15-6-76.1
for
distribution,
and the authority shall distribute such
moneys to the Georgia Public Defender
Standards Council
pursuant to
Article III, Section IX, Paragraph VI, subparagraph (o) of the Constitution of
Georgia."
SECTION
3.
Said
title is further amended by revising Code Section 15-9-18, relating to the
probate court clerk's remittance of interest from cash bonds, as
follows:
"15-9-18.
Whenever
the sheriff transfers cash bonds to the clerk of the court, pursuant to Code
Section 15-16-27, the clerk shall deposit such funds into interest-bearing trust
accounts, and the interest from those funds shall be remitted to the Georgia
Superior Court Clerks' Cooperative Authority in accordance with the provisions
of subsections (c) through (i) of Code Section 15-6-76.1
for
distribution,
and the authority shall distribute such
moneys to the Georgia Public Defender
Standards Council
pursuant to
Article III, Section IX, Paragraph VI, subparagraph (o) of the Constitution of
Georgia."
SECTION
4.
Said
title is further amended by revising Code Section 15-10-240, relating to the
magistrate court clerk's remittance of interest from funds, as
follows:
"15-10-240.
When
funds are paid into the court registry, the clerk shall deposit such funds in
interest-bearing trust accounts, and the interest from those funds shall be
remitted to the Georgia Superior Court Clerks' Cooperative Authority in
accordance with the provisions of subsections (c) through (i) of Code Section
15-6-76.1
for
distribution,
and the authority shall distribute such
moneys to the Georgia Public Defender
Standards Council
pursuant to
Article III, Section IX, Paragraph VI, subparagraph (o) of the Constitution of
Georgia."
SECTION
5.
Said
title is further amended by revising subsection (b) of Code Section 15-16-27,
relating to deposit by the sheriff of cash bonds and reserves of professional
bondspersons in interest-bearing accounts, as follows:
"(b)
The financial institution in which the funds are deposited shall remit, after
service charges or fees are deducted, the interest generated by such funds
directly to the Georgia Superior Court Clerks' Cooperative Authority in
accordance with the provisions of subsections (c) through (i) of Code Section
15-6-76.1
for
distribution,
and the authority shall distribute such
moneys to the Georgia Public Defender
Standards Council
pursuant to
Article III, Section IX, Paragraph VI, subparagraph (o) of the Constitution of
Georgia. With each remittance, the
financial institution shall send a statement showing the name of the county,
deposits and withdrawals from the account or accounts, interest paid, service
charges or fees of the bank or other depository, and the net
remittance."
SECTION
6.
Said
title is further amended by revising Code Section 15-21-74, relating to
assessment and collection of penalties, as follows:
"15-21-74.
(a)
The sums provided for under paragraph (1) of subsection (a) of Code Section
15-21-73 shall be assessed and collected by the court officer charged with the
duty of collecting moneys arising from fines and shall be paid over to the
Georgia Superior Court Clerks' Cooperative Authority by the last day of the
month there following, to be deposited by the authority into the general
treasury;
provided, however, that the sums collected pursuant to subparagraph (a)(1)(B) of
Code Section 15-21-73 shall be dedicated to the Georgia Public Defender
Standards Council for funding indigent defense pursuant to Article III, Section
IX, Paragraph VI, subparagraph (o) of the Constitution of
Georgia.
(b)
The sums provided for under
paragraph
(2) of subsection (a)
subparagraph
(a)(2)(A) of Code Section 15-21-73 shall
be assessed and collected by the court officer charged with the duty of
collecting moneys arising from forfeited bonds and shall be paid over to the
Georgia Superior Court Clerks' Cooperative Authority by the last day of the
month there following for remittance to the Office of the State Treasurer;
provided, however, that if the local governing authority has an approved
procedure to verify the applicant's income as set forth in Code Section
17-12-80, the court officer shall remit 50 percent of such funds to the Georgia
Superior Court Clerks' Cooperative Authority, and the remaining 50 percent shall
be remitted to the local governing authority and reported to the Georgia
Superior Court Clerks' Cooperative Authority.
(c)
The sums provided for under subparagraph (a)(2)(B) of Code Section 15-21-73
shall be assessed and collected by the court officer charged with the duty of
collecting moneys arising from forfeited bonds and shall be paid over to the
Georgia Superior Court Clerks' Cooperative Authority by the last day of the
month there following for remittance to the Office of the State Treasurer and
shall be dedicated to the Georgia Public Defender Standards Council for funding
indigent defense pursuant to Article III, Section IX, Paragraph VI, subparagraph
(o) of the Constitution of Georgia.
(d)
The authority shall, on a quarterly basis, make a report and accounting of all
funds collected and disbursed pursuant to this article and shall submit such
report and accounting to the Office of Planning and Budget, the House Budget
Office, and the Senate Budget Office no later than 60 days after the last day of
the preceding quarter."
SECTION
7.
Said
title is further amended by revising Code Section 15-21-77, relating to
collections to be appropriated for law enforcement or prosecutorial office
training, as follows:
"15-21-77.
Except
as provided in Code Section 15-21-74, an
An
amount equal to the net proceeds derived under subparagraphs (a)(1)(A) and
(a)(2)(A) of Code Section 15-21-73 in the immediately preceding year shall be
appropriated to fund law enforcement or prosecutorial officers' training, or
both, and activities incident thereto, including, but not limited to, payment or
repayment to the state treasury for capital outlay, general obligation bond debt
service, administrative expenses, and any other expense or fund application
which the General Assembly may deem appropriate. This Code section shall not
preclude the appropriation of a greater amount for this
purpose."
SECTION
8.
Said
title is further amended by revising paragraph (2) of subsection (a) and
subsection (b) of Code Section 15-21A-5, relating to remittance of funds by the
Georgia Superior Court Clerks' Cooperative Authority, as follows:
"(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,
except for proceeds dedicated to the Georgia Public Defender Standards Council
for funding indigent defense pursuant to Article III, Section IX, Paragraph VI,
subparagraph (o) of the Constitution of
Georgia;"
"(b)
The net proceeds received pursuant to Code Section 15-21A-6 shall be remitted to
the general fund of the state
treasury,
except for proceeds dedicated to the Georgia Public Defender Standards Council
for funding indigent defense pursuant to Article III, Section IX, Paragraph VI,
subparagraph (o) of the Constitution of
Georgia."
SECTION
9.
Said
title is further amended by revising subsections (a) through (d) of Code Section
15-21A-6, relating to additional filing fees and application for free legal
services, 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
$15.00, which
shall be dedicated to the Georgia Public Defender Standards Council pursuant to
Article III, Section IX, Paragraph VI, subparagraph (o) of the Constitution of
Georgia in each civil action or case filed
in the superior, state, recorder's, mayor's, and magistrate courts except that
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 enumerated courts and to which a number is
assigned shall be subject to such fee, whether such matter is contested or
not.
(b)(1)
As used in this subsection, the term 'civil action' means:
(A)
With regard to decedents' estates, the following proceedings: petition for
letters of administration; petition to probate a will in solemn form; petition
for an order declaring no administration necessary; petition to probate a will
in solemn form and for letters of administration with will annexed; and petition
for year's support;
(B)
With regard to a minor guardianship matter as set forth in paragraph (1) of
subsection (f) of Code Section 15-9-60, the proceeding by which the jurisdiction
of the probate court is first invoked;
(C)
With regard to an adult guardianship matter as set forth in paragraph (1) of
subsection (g) of Code Section 15-9-60, the proceeding by which the jurisdiction
of the probate court is first invoked; and
(D)
An application for writ of habeas corpus.
(2)
In addition to all other legal costs, there shall be charged to the filing party
and collected by the clerk an additional fee of
$15.00, which
shall be distributed to the Georgia Public Defender Standards Council pursuant
to Article III, Section IX, Paragraph VI, subparagraph (o) of the Constitution
of Georgia in each civil action filed in
the probate court. For the purposes of the imposition of the civil filing fee
required by this subsection, the probate court shall collect the civil filing
fee on each proceeding listed in subparagraph (A) of paragraph (1) of this
subsection involving a decedent but once only in a guardianship matter involving
the same ward or an application for writ of habeas corpus involving the same
applicant.
(c)
Any person who applies for or receives legal defense services under Chapter 12
of Title 17 shall pay the entity providing such services a single fee of
$50.00, which
shall be distributed to the Georgia Public Defender Standards Council pursuant
to Article III, Section IX, Paragraph VI, subparagraph (o) of the Constitution
of Georgia for the application for,
receipt of, or application for and receipt of such services. The application
fee shall not be imposed if the payment of the fee is waived by the court. The
court shall waive the fee if it finds that the applicant is unable to pay the
fee or that measurable hardship will result if the fee is charged. If the
application fee required by this subsection has not been paid prior to the time
the defendant is sentenced, the court shall impose such fee as a condition of
probation.
(d)
Each clerk of court, each indigent defense program, or any other officer or
agent of any court receiving any funds subject to this Code section shall
collect the fees provided for in subsection (c) of this Code section and, if the
governing authority has a procedure to verify the applicant's income as set
forth in Code Section 17-12-80, shall pay such moneys over to the entity
providing legal defense services under Chapter 12 of Title 17 by the last day of
the month after the month of collection, and such funds shall not be subject to
payment to the authority. If the governing authority does not have such
verification procedure, 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, and
such fees shall be dedicated to the Georgia Public Defender Standards Council
for funding indigent defense pursuant to Article III, Section IX, Paragraph VI,
subparagraph (o) of the Constitution of
Georgia."
SECTION
10.
Chapter
12 of Title 17 of the Official Code of Georgia Annotated, relating to legal
defense for indigents, is amended by revising Code Section 17-12-26, relating to
the budget of the council, as follows:
"17-12-26.
The
council shall prepare and submit to the director of the Office of Planning and
Budget its budget estimate necessary for fulfilling the purposes of this chapter
in accordance with Code Section 45-12-78.
The council's
budget may exceed the amount of money collected pursuant to Article III, Section
IX, Paragraph VI, subparagraph (o) of the Constitution of Georgia. Such
constitutional provision shall not be the exclusive method of funding legal
services for indigent defense, and the General Assembly may appropriate such
other funding as it deems appropriate. The
council shall be authorized to seek, solicit, apply for, and utilize funds from
any public or private source to use in fulfilling the purposes of this chapter.
"
SECTION
11.
Said
chapter is further amended by revising subsection (c) of Code Section 17-12-51,
relating to repayment of attorney's fees as a condition of probation, as
follows:
"(c)
If a defendant who is represented by a public defender, who is paid for entirely
by the state, enters a plea of nolo contendere, first offender, or guilty or is
otherwise convicted, the court may impose as a condition of probation repayment
of all or a portion of the cost for providing legal representation and other
costs of the defense if the payment does not impose a financial hardship upon
such defendant or such defendant's dependent or dependents. Such defendant
shall make such payment through the probation department to the Georgia Public
Defender Standards Council
for payment
to the general fund of the state
treasury, and
such payments shall be dedicated to funding indigent defense pursuant to Article
III, Section IX, Paragraph VI, subparagraph (o) of the Constitution of
Georgia."
SECTION
12.
This
Act shall become effective only if a Constitutional amendment authorizing the
General Assembly to provide by law for the dedication of certain fees and
assessments to fund legal services for indigent persons accused of crimes and
delinquent acts is ratified at the November, 2012, general election. If such an
amendment to the Constitution is not so ratified, then this Act shall not become
effective and shall stand repealed by operation of law on January 1,
2013.
SECTION
13.
All
laws and parts of laws in conflict with this Act are repealed.