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2006 Georgia Attorney General Reports and Opinions 1 (2006)

handle is hein.sag/sagga0003 and id is 1 raw text is: Pvpartment ofn 'Iiafnt 4,tatz of (Jgerrga rHREI E. fAIKER ATT3EY GENERAL 40 LAF WL QAU SW AT LL KTA, GA - - OFFICIAL OPINION 2006-1 To: Executive Director Georgia Superior Court Clerks' Cooperative Authority February 24, 2006 Re: The additional penalty imposed under O.C.G.A. § 15-21-131 should be collected in traffic cases, unless there is a specific exception, in which the accused posts a cash bond that is subsequently forfeited and applied as a fine in lieu of the accused appearing in court. This responds to your request for an official opinion regarding whether the additional penalty imposed under O.C.G.A. § 15-21-131 should be collected in traffic cases in which the accused posts a cash bond that is subsequently forfeited and applied as a fine in lieu of the accused appearing in court. O.C.G.A. § 15-21-131 imposes an additional penalty of five percent in criminal cases. O.C.G.A. § 15-21- 131 provides as follows: (a) In every case in which any court of this state or any municipality or political subdivision of this state shall impose a fine, which shall be construed to include costs, for any criminal offense or any criminal ordinance violation, there shall be imposed as an additional penalty a sum equal to 5 percent of the original fine. (b) Such sums shall be in addition to any amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund and in addition to any other amounts provided for in this chapter. There is no express reference to bonds in O.C.G.A. § 15-21-131, but several other Code sections involving additional penalties make specific reference to the collection of additional amounts when

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