§ 2-32. Fees, costs, commissions or other monies; retention a misdemeanor.

(a)

The provisions of any other statute to the contrary notwithstanding, it shall be unlawful for any county officer, official or employee of any county having a population in excess of 500,000, according to the 1960 United States decennial census, or any future census, to retain for his own use any fees, costs, commissions or other monies collected by virtue of his office or employment, and which are the property of the county, under the provisions of this article.

(b)

All fees, costs, commissions or any other monies collected by any officer, official or employee by virtue of his office or employment, or for rendering any service under said office or employment, are hereby declared to be the property of the county, and shall be deposited with the proper county fiscal authority on or before the tenth day of the month following the month in which same are collected.

(c)

Any person who shall intentionally violate the provisions of this section shall be guilty of a misdemeanor and, upon conviction therefor, shall be punished as for a misdemeanor.

(d)

Willfulness as required herein shall mean the failure to pay over any such money within ten days after demand therefor has been made. Payment of any money after demand therefor has been made, by the county authorities, and in compliance with this section, shall not prevent any person, whether officer, official or employee of the county, from thereafter claiming [the] same, if he, in fact, has legal title thereto or any portion thereof, in any civil proceeding, provided such officer, official or employee, as a condition precedent to said claim, has paid over the money involved to the proper fiscal authority of such county.

(1967 Ga. Laws (Act No. 488), page 3148, §§ 1—4)

State law reference

Punishment for misdemeanors, O.C.G.A. § 17-10-3.