Bill Text: GA HB648 | 2011-2012 | Regular Session | Introduced

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Bill Title: Legal services for indigents; certain fees to fund accused; change provisions

Sponsorship: Moderate Partisan Bill (Republican 5-1)

Status: (Engrossed - Dead) 2012-03-07 - Senate Read and Referred [HB648 Detail]

Download: Georgia-2011-HB648-Introduced.html

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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

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.