Georgia adds a 5% surcharge to fines for criminal offenses (O.C.G.A. § 15-21-131). When someone gets a traffic ticket, posts a cash bond, and lets the bond be forfeited instead of going to court, does the clerk still collect the 5% surcharge?

Plain-English summary

Georgia traffic fines carry several stacked surcharges: a 5% surcharge under O.C.G.A. § 15-21-179 (specifically for traffic), a 5% surcharge under O.C.G.A. § 15-21-131 (for criminal offenses generally, which includes traffic), peace officer pension fund withholding (POPTF), and others. The Executive Director of the Georgia Superior Court Clerks Cooperative Authority asked a narrow question about one common situation: when a defendant in a traffic case posts a cash bond and then lets it be forfeited rather than appearing in court, does the clerk still need to collect the § 15-21-131 5% surcharge?

AG Thurbert Baker said yes.

The text of § 15-21-131. Subsection (a) provides that "[i]n 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." Subsection (b) makes it additive to the POPTF withholding under § 47-17-60 and other amounts. The statute doesn't expressly mention bonds.

Comparison with sister surcharges. Other surcharge statutes do expressly mention bonds. § 15-21-73 (training and indigent defense) and § 15-21-93 (jail construction and staffing) both deal with the bond context explicitly: under § 15-21-73(a)(2) and § 15-21-93(a)(2), the additional amounts collected on bonds are not paid to the recipient unless the bond is forfeited. § 15-21-179 covers "fine or bond payment" expressly. § 15-21-131 doesn't have that explicit bond-handling language. Read in isolation, that omission could suggest § 15-21-131 doesn't apply to bond cases.

The traffic-bond-forfeiture special rule. But the question wasn't about all bond cases: it was about traffic cases where the bond is forfeited and applied as a fine. O.C.G.A. § 17-6-8 provides that in such situations the cash bond is forfeited "and the proceeds shall be applied in the same manner as fines." O.C.G.A. § 40-13-58, which addresses traffic violations bureau dispositions, says "[t]he proceeds of the cash bond shall be applied and distributed as any fine imposed by said court would be." These are the special-purpose Georgia provisions that turn a forfeited traffic-ticket bond into the functional equivalent of a paid fine. They don't follow the general bail-bond forfeiture procedures.

The bridging logic. Because the traffic-bond proceeds are required to be "applied and distributed as any fine imposed by said court would be," the clerk has to collect a bond amount large enough to cover all the things that would be paid out of a fine: including the 5% surcharge under § 15-21-131. Otherwise the distribution would either come up short or some line items would have to be skipped. The AG's holding is that the bond amount needs to be set high enough to ensure the full distribution can be made, surcharges included.

Limit: there has to be a fine to multiply 5% by. The opinion cited Rawls v. State (1993): the § 15-21-73 penalty "can only attach to properly imposed fines." Where no fine is imposed, no surcharge applies. The 2005-4 opinion (U05-4) also cited 2005 Op. Att'y Gen. for the proposition that civil monetary penalties (like the school bus stop-arm camera penalty under § 40-6-20(f)(3)(A)) don't trigger the § 15-21-73 (or by extension, § 15-21-131) surcharge because they're not "fines."

The narrow scope of the holding. The AG was careful to note that this opinion did not say § 15-21-131 applies to all criminal cases involving bonds: only to the specific "traffic case + cash bond + forfeiture in lieu of court appearance" pattern, where §§ 17-6-8 and 40-13-58 trigger the application-as-fine rule.

Currency note

This opinion was issued in 2006. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The various traffic-fine surcharges have been amended, sunsetted, and re-enacted multiple times since 2006. Before relying on the 2006 framework, court clerks should consult the present version of O.C.G.A. § 15-21-131 and surrounding statutes, plus any subsequent AG guidance on how the surcharges interact with bond forfeitures.

Common questions

Q: What's the difference between § 15-21-131 and § 15-21-179?
A: Both were 5% surcharges. § 15-21-131 applied to "any criminal offense or any criminal ordinance violation," which includes traffic offenses. § 15-21-179 was a separate 5% specifically tied to "any violation of the traffic laws of this state." For a traffic offense, both surcharges could apply, stacking on top of the underlying fine.

Q: How is a "cash bond forfeiture in lieu of appearance" different from a regular bond forfeiture?
A: In a regular bond forfeiture, the defendant fails to appear and the court forfeits the bond as a civil collection matter. In a "cash bond in lieu of appearance" traffic case, the defendant pre-pays the bond knowing they don't intend to appear; the forfeiture functions as the disposition itself, with the bond proceeds treated as a fine. § 17-6-8 and § 40-13-58 specifically authorize this efficient disposition path for traffic offenses.

Q: Why did the General Assembly write some surcharges to expressly include bonds and others not?
A: The opinion didn't elaborate, but a footnote referenced 1990 Op. Att'y Gen. U90-4 and 1981 Op. Att'y Gen. U81-43 which discuss differing constitutional language affecting how the various surcharges treat bonds. The basic distinction is between surcharges directly imposed by statute and surcharges that depend on the conversion-of-bond-to-fine mechanism in §§ 17-6-8 and 40-13-58.

Q: Does this opinion apply to bonds for non-traffic criminal cases?
A: The opinion specifically declines to address that broader question. The AG noted that § 15-21-131 "is not to be collected in all types of criminal cases in which bonds are posted" and limited the holding to the specific traffic-bond pattern.

Q: What about the Peace Officers' Annuity and Benefit Fund?
A: Footnote 5 of the opinion referenced 1963-65 Op. Att'y Gen. 609, which concluded that the POPTF withholding requirement under § 47-17-60 applied "whenever costs are collected, whether as part of a fine, bond, or as a result of a settlement and nolle prosequi." The 2006 opinion treated this as a parallel example of a withholding triggered by various dispositions including bond forfeitures.

Q: How should a court set the cash bond amount to cover all the add-ons?
A: The opinion implied the amount should be calculated to cover the underlying fine plus all applicable surcharges, fees, and withholdings. Many traffic violations bureaus published bond schedules showing the all-in amount for each common offense, with a breakdown of how the proceeds would be allocated.

Background and statutory framework

Georgia's traffic-fine surcharge structure in the mid-2000s was a layered system. The base offense triggered a fine. On top of that fine, multiple surcharges and withholdings applied:

• O.C.G.A. § 15-21-131: 5% on any criminal fine (including traffic)
• O.C.G.A. § 15-21-179 (2005-2008): 5% specifically on traffic-law fines
• O.C.G.A. § 15-21-73: variable percentages for law enforcement/prosecutor training and indigent defense
• O.C.G.A. § 15-21-93: county jail construction and staffing
• O.C.G.A. § 47-17-60: POPTF withholding from fines and bond forfeitures

Each surcharge had its own specific statutory mechanism for collection, distribution, and (in some cases) bond treatment. The patchwork created interpretive questions about whether and how each surcharge applied to common dispositions like bond forfeitures.

The traffic violations bureau system is built on §§ 17-6-8 and 40-13-58, which authorize defendants to post a cash bond on the side of the road and let the bond stand in for a court appearance. The bond is then "applied and distributed as any fine imposed by said court would be": which the 2006 opinion holds includes surcharges that would have applied to the fine.

The opinion is a small but important piece of the Georgia traffic-fine accounting framework. By confirming that bond forfeitures in traffic cases trigger the same surcharges as direct fine impositions, the AG ensured that the various funded programs (POPTF, training, indigent defense, jail construction, the general fund through GSCCCA) didn't lose revenue when defendants chose the bond-forfeiture path over court appearance.

Citations and references

Statutes:
- O.C.G.A. § 15-21-131 (5% additional penalty on criminal fines)
- O.C.G.A. § 15-21-73 (training and indigent defense surcharge)
- O.C.G.A. § 15-21-93 (jail construction and staffing surcharge)
- O.C.G.A. § 15-21-179 (5% traffic-law surcharge; sunset 2008)
- O.C.G.A. § 17-6-8 (cash bond proceeds applied as fines)
- O.C.G.A. § 40-13-58 (traffic violations bureau cash bond rule)
- O.C.G.A. § 40-6-20(f)(3)(A) (civil monetary penalty)
- O.C.G.A. § 47-17-60 (POPTF withholding)

Cases:
- Rawls v. State, 210 Ga. App. 408 (1993) (additional penalty under § 15-21-73 attaches only to properly imposed fines)

Prior AG opinions cited:
- 1997 Op. Att'y Gen. U97-28 (§ 15-21-131 surcharge applies to traffic offenses)
- 2005 Op. Att'y Gen. U05-4 (no surcharge on civil monetary penalties)
- 1980 Op. Att'y Gen. 80-83 (no penalty under § 15-21-73 if no fine or costs imposed)
- 1996 Op. Att'y Gen. U96-8 (additional penalty added to fines)
- 2003 Op. Att'y Gen. 03-4 (surcharge tied to fine imposition)
- 2005 Op. Att'y Gen. 05-4 (§ 15-21-179 broad scope)
- 1990 Op. Att'y Gen. U90-4 and 1981 Op. Att'y Gen. U81-43 (constitutional differences in bond-related additional penalties)
- 1972 Op. Att'y Gen. 72-20 (cash bonds in traffic offenses applied as fines)
- 1963-65 Op. Att'y Gen. 609 (POPTF withholding applies whenever costs are collected)

Source

• Landing page: https://law.georgia.gov/opinions/2006-1
• Original PDF: not linked from landing page

Original opinion text

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 bonds are posted. See O.C.G.A. §§ 15-21-73, 15-21-93, and 15-21-179. When additional amounts are collected when bonds are posted, O.C.G.A. § 15-21-73 makes clear that the additional amounts collected, for law enforcement and prosecutor training and for indigent defense, are not to be paid over to the Authority unless the bonds are forfeited. O.C.G.A. § 15-21-73(a)(2). O.C.G.A. § 15-21-93(a)(2) also provides that the additional amounts collected for jail construction and staffing are not to be paid to the county government unless the bond is forfeited.1 O.C.G.A. § 15-21-179 merely makes reference to collecting the additional penalty imposed "[i]n every case in which any court in this state shall impose a fine or bond payment." (Emphasis added.)2 In light of the lack of an express reference to the addition of the additional penalty imposed by O.C.G.A. § 15-21-131 to bonds and the specific references to bonds in O.C.G.A. §§ 15-21-73, 15-21-93, and 15-21-179, the additional penalty imposed by O.C.G.A. § 15-21-131 is not to be collected in all types of criminal cases in which bonds are posted. Your question does not address all criminal cases, but instead focuses specifically on whether the additional penalty under O.C.G.A. § 15-21-131 should be collected in traffic cases in which a cash bond is posted that is subsequently forfeited and applied as a fine in lieu of the accused appearing in court. As an initial matter, it is clear that the additional penalty imposed under O.C.G.A. § 15-21-131 applies to traffic offenses. 1997 Op. Att'y Gen. U97-28.3 From information provided by the Georgia Superior Court Clerks' Cooperative Authority, many traffic cases are disposed of by the accused party posting a cash bond prior to the court date and forfeiting that bond in lieu of appearing in court. Unlike other situations involving the forfeiture of bonds, when a cash bond is forfeited in lieu of appearing in a traffic case the cash bond is forfeited "and the proceeds shall be applied in the same manner as fines." O.C.G.A. § 17-6-8 (emphasis added). O.C.G.A. § 40-13-58, which addresses the disposition of traffic violations by traffic violations bureaus, provides that where a cash bond is forfeited "[t]he proceeds of the cash bond shall be applied and distributed as any fine imposed by said court would be." (Emphasis added.)4 O.C.G.A. §§ 17-6-8 and 40-13-58 make clear that the forfeitures of cash bonds involving traffic violations do not involve the regular statutory procedure for forfeiting bail bonds. There are a number of authorities discussing the imposition of the additional penalty under O.C.G.A. § 15-21-73. These are relevant in light of the similarity between the additional penalty under O.C.G.A. § 15-21-73 and that under O.C.G.A. § 15-21-131. 2005 Op. Att'y Gen. U05-4 determines that because no fine is imposed in cases involving the civil monetary penalty authorized by O.C.G.A. § 40-6-20(f)(3)(A), the additional penalty under O.C.G.A. § 15-21-73 does not apply. Similarly, 1980 Op. Att'y Gen. 80 83 indicates that "if a sentence imposed neither costs nor a traditional fine, no penalty could be imposed under § 15-21-73." 1996 Op. Att'y Gen. U96-8 concludes that "[i]t is clear that this sum is an additional penalty which is to be added to the fine." 2003 Op. Att'y Gen. 03 4 concludes that "[w]hen a sentencing judge imposes a fine for the violation of a criminal or traffic law, the General Assembly has mandated that 'there shall be imposed as an additional penalty a sum equal to the lesser of $50.00 or 10 percent of the original fine.'" In Rawls v. State, 210 Ga. App. 408 (1993), the Georgia Court of Appeals recognized that "the imposition of a penalty pursuant to O.C.G.A. § 15-21-73 can only attach to properly imposed fines." Id. at 409. Therefore, where no fine is imposed for a violation, the penalty pursuant to O.C.G.A. § 15-21-73 cannot be imposed. Id. One could argue that in cases in which the bond is forfeited no fine is actually paid and, therefore, the penalty under O.C.G.A. § 15-21-131 cannot be applied. However, the funds collected in traffic cases from forfeited cash bonds are expressly required to be "applied and distributed as any fine imposed by said court would be" or "applied in the same manner as fines." O.C.G.A. §§ 17-6-8 and 40-13-58. In order to apply and distribute the funds collected as the court would a fine, adequate funds have to be collected at the time of the posting of the bond to ensure payment of the fine amount along with the various additional penalties that are triggered by the imposition of the fine. Thus, in traffic cases in which a cash bond is forfeited in lieu of an appearance, the amount of cash bond imposed should take into account the additional penalty imposed by O.C.G.A. § 15-21-131 so that the additional penalty can be paid from the cash bond forfeited when it is "applied and distributed as any fine imposed by said court would be" or "applied in the same manner as fines" as contemplated by O.C.G.A. §§ 17-6-8 and 40-13-58.5 Based on the foregoing, it is my official opinion that 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. Prepared by: W. WRIGHT BANKS, JR. Senior Assistant Attorney General 1 It is important to keep in mind that with regard to bonds, the additional penalties in O.C.G.A. §§ 15-21-73 and 15-21-93 operate differently as the result of differing language in the Constitution. See 1990 Op. Att'y Gen. U90-4 and 1981 Op. Att'y Gen. U81-43. 2 The additional penalty in O.C.G.A. § 15-21-179 applies to all traffic violations unless specifically excepted. 2005 Op. Att'y Gen. 05-4. 3 As discussed in 2005 Op. Att'y Gen. 05-4, there are exceptions to the application of the various additional penalties. For example, none of the additional penalties, fees, or surcharges applies to the fine for failing to wear a seat safety belt. O.C.G.A. § 40-8-76.1(e)(2). 4 "Cash bonds are common in criminal offenses arising under the traffic laws. In such cases, cash bonds may be forfeited by the court and the proceeds thereof 'shall be applied and distributed as any fine would be.'" 1972 Op. Att'y Gen. 72-20 (quoting language of former Ga. Code Ann. § 27-511 now appearing in O.C.G.A. § 17-6-8.) 5 In a somewhat similar context involving the amounts withheld for the Peace Officers' Annuity and Benefit Fund from "each fine collected and each bond forfeited," which is required "to include costs," a prior opinion of the Attorney General concludes that the withholding requirement applies "whenever costs are collected, whether as part of a fine, bond, or as a result of a settlement and nolle prosequi." 1963-65 Op. Att'y Gen. 609. O.C.G.A. §§ 17-6-8 and 40-13-58 both contemplate cash bonds being forfeited and cases being thereby "disposed of and settled."