GUS
McDONALD'S SYNOPSIS OF
2001 NON-DUI LEGISLATION
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BINGO PRIZES
BINGO LICENSES
HEAD/EYE PROTECTION MOTORCYCLES
SEAT BELTS FOR CHILDREN
NURSING HOMES
SEARCHES WITH WARRANTS
OPERATION OF TRUCKS ON ROADWAYS
LICENSING OF INSURANCE AGENTS
CONTROLLED/HAZARDOUS SUBSTANCES
RICO ACT
DETENTION OF CONVICTED PERSONS
TRAFFIC FINES
JUDGMENTS AND APPEALS
PROBATION SERVICES - CONTRACT
TAMPERING WITH EVIDENCE
SEXUAL ACTS, ETC.
ESCAPE, FORFEITURE, SENTENCING, ET.AL.
FAMILY VIOLENCE/STALKING
SEX OFFENDERS
FEES
KEG PURCHASE
GCIC
CRIMINAL - SELF DEFENSE
GAMBLING
CRIMINAL - CRIMINAL TRESPASS
RELEASE OF MEDICAL INFORMATION
SETTING BAIL BOND
HB
154 (Rep. Buck 135th)
Senate
passed/adopted 3/21
Effective
- not specified
Changes
maximum amount which may be awarded as prizes in bingo
*16-12-60
Relating to bingo rules and regulations:
- $1300 in cash or gifts/day (was $1100)
- $2600 in cash or gifts/week (was $2200)
16-12-60
relates to bingo rules and regulations.
Amended
to increase that may be awarded as bingo prizes to $1300/day (was $1100) and
$2600/week (was $2200).
HB 155 (Rep. Buck 135th)
Senate
passed/adopted 3/19
Effective
- not specified
Change
licensure qualifications for bingo licenses
*16-12-53
Relating to bingo licensure of certain nonprofit tax-exempt organizations:
- No license shall be issued to any nonprofit
tax-exempt organization unless the organization has been in existence for 12
months (was 24 months)
16-12-53
relates to bingo licensure of certain nonprofit tax-exempt organizations.
Amended
to decrease amount of time a nonprofit tax-exempt organization must have been
in existence to be issued bingo license to 12 months (was 24 months).
HB 184 (Rep. Powell 23rd, Rep. Parham 122nd, Rep.
Bulloch 180th, Rep. McCall 90th, Rep. Porter 143rd)
Senate
passed/adopted 3/14
Effective
- not specified
*40-6-315
Relating to headgear and eye protective devices for motorcycle riders:
Relating
to headgear and eye protective devices for motorcycle riders
Adding
(e) Violation of this section will not be a moving traffic violation for
purposes of 40-5-57
40-6-315
relates to headgear and eye protective devices for motorcycle riders. Amended
by adding subsection (e) stating that violation of this section will not be a
moving traffic violation for purposes of 40-5-57 (relating to the point system
for identifying habitually dangerous or negligent drivers).
HB 248 (Rep. Powell 23rd, Rep. Parham 122nd,
Rep. Reed 52nd)
House
agrees Senate amend or sub 3/19
Effective
- not specified
*40-8-76
Relating to safety belts required as equipment and safety restraints for
children under four years of age
- (b)(1) Strikes language allowing a seat belt to
be sufficient for children 3 or 4 years old
- Strikes language allowing for exception from
the provisions when immediate or emergency attention is required for the
child’s personal needs
- Adds language that allows exception when the
child’s parent or guardian obtains a physician’s written statement that a
physical or medical condition of the child prevents placing or restraining him
or her in any such child passenger restraining system
40-8-76
relates to safety belts required as equipment and safety restraints for
children under four years of age.
Amended
to strike language that allowed children 3 or 4 years of age to use a regular
seatbelt. Also strikes language allowing for a child under 4 to be out of a
safety restraint for an emergency that is required for the child’s personal
safety. Adds language to allow for an exception if child’s doctor provides a
written statement that a physical or medical condition of the child prevents
placing or restraining him/her in a child passenger restraining system.
HB 263 (Rep. Randall 127th, Rep. McClinton 68th,
Rep. Jenkins 110th, Rep. Childers 13th, Rep. Manning 32nd)
Senate
Conference Report adopted 3/21
Effective
- not specified
*31-7-350
Relating to definitions applicable
- (2) Crime means "commission of an offense
which constitutes a felony with respect to:
o (H) Changes language to say: Relating to
criminal attempt as it concerns attempted murder
o (K) Relating to forgery in the first degree;
relating to forgery in the 2nd degree
- (3) Criminal record means "any of the
following which have reached final disposition within 10 years of the date the
criminal record check is conducted
o (7) Satisfactory determination means a written
determination by a nursing home that a person for whom a record check was
performed was found to have no criminal record
o (8) Unsatisfactory determination means a
written determination by a nursing home that a person for whom a record check
was performed was found to have a criminal record
31-7-350
relates to definitions applicable for nursing home employee records checks.
An
applicant receives a satisfactory determination after nursing home gives a
written determination that record check was performed applicant was found to
have no criminal record.
*31-7-351
Relating to request for criminal record check with respect to an applicant for
employment in a nursing home
- (a) A nursing home shall make a written
determination for each applicant for whom a criminal record check is performed
- Strikes language stating that "no nursing
home will be precluded from employing any person with a criminal record"
- Adds language stating that a nursing home shall
not employ a person with an unsatisfactory determination
31-7-351
relates to request for criminal record check with respect to an applicant for
employment in a nursing home.
Adds
language that nursing homes will not employ a person with an unsatisfactory
determination. Old language provided that no nursing home would be precluded
from employing any person with a criminal record.
*Adds
new section 31-7-353:
- A nursing home that hires an applicant with a
criminal record shall be liable for a civil monetary penalty in the amount of
the lesser of $2500 or $500 for each day that a violation of 31-7-351(a)
occurs
- The civil monetary penalty shall be imposed
only from the time the nursing home administrator knew or should have known
that the nursing home has in its employ an individual with a criminal record
and until the date such individual is terminated
31-7-353
is a new Code section.
"A
nursing home that hires an applicant with a criminal record shall be liable
for a civil monetary penalty in the amount of the lesser of $2500 or $500 for
each day that a violation occurs. The civil monetary penalty shall be imposed
only from the time the nursing home administrator knew or should have known
that the nursing home has in its employ an individual with a criminal record
and until the date such individual is terminated."
*31-39-4
Relating to person authorized to issue order not to resuscitate:
(a) Adds "staff member of an assisted living
facility or a personal care home" to list of those able to withhold or
withdraw cardiopulmonary resuscitation upon physician’s orders
31-39-4
relates to person authorized to issue order not to resuscitate.
Amended
to add "staff member of an assisted living facility or a personal care
home" to list of those able to withhold or withdraw cardiopulmonary
resuscitation upon physician’s orders.
HB 292 (Rep. Teper 61st, Smith 12th, Jenkins
110th, Snow 2nd)
Senate
passed/adopted 3/13
Effective
- not specified
*New
code section: 17-5-21.1 Relating to searches with warrants:
- (a) A judge may issue search warrants by video
conference
- (b) Judge shall have visual and audible contact
with all affiants and witnesses giving testimony
- (c) Affiant and judge sign by reasonable means
(including, not limited to typewritten name, signature affixed by electronic
stylus)
- Shall be deemed written for meaning of 17-5-21
- Shall be deemed to comply with the issuance
requirements of 17-5-22
- (d) Judge shall administer oath to all
testifying by video conference
- (e) All video recordings and documents
submitted via recording shall be maintained as part of the record
17-5-21.1
is a new Code section. It relates to searches with warrants.
Provides
for issuance of search warrants by video conference. Judge should have visual
and audible contact with all affiants and witnesses giving testimony; judge
shall administer oath to all those testifying by video conference; affiants
and judge should sign by any reasonable means (including electronic mark); all
video recordings and documents submitted via recording will be maintained as
part of the record.
HB 345
(Rep. Twiggs 8th, Rep. Channell 111th,
Rep. Morris 155th, Rep. Wix 33rd, Rep. Smith 12th)
Senate
passed/adopted 3/13
Effective
- not specified
*40-6-52
Relating to driving on the right side of roadways, overtaking and passing, and
following too closely:
(b)
With three or more lanes, unlawful for truck to operate in any lanes except 2
most right-hand lanes, except when truck is preparing for left turn (added:
"or as otherwise provided by subsection (d) of this Code section")
(c)
With two lanes, unlawful for truck to operate in left lane except when
passing, preparing for left turn (added: "or as otherwise provided for by
subsection (d) of this Code section")
(d)
With four or more lanes, DOT may designate specific lanes that either prohibit
or allow trucks. Where truck usage has been so designated and indicated as
such by signs erected by the DOT it shall be unlawful for any truck to operate
in any lanes other than as designated
40-6-52
relates to driving on the right side of roadways, overtaking and passing, and
following too closely.
Amended
by adding subsection (d) that on interstate highway with four or more lanes
with movement in the same direction, the DOT may designate specific lanes that
either prohibit or allow trucks. Where such designation exists, it is unlawful
for trucks to operate in lanes not designated.
HB 352 (Rep. Lord 121st, Rep. Bannister 77th)
Senate
passed/adopted 3/19
Effective
- not specified
*33-23-4(g)
Violation shall be misdemeanor as by 17-10-3
33-23-4
relates to the licensing of insurance agents
Subsection
(g) provides that willful violation of this provision will be a misdemeanor.
HB 510 (Rep.
Parham 122nd, Rep. Stephens 150th, Rep. Graves 125th, Rep. Parrish 144th, Rep.
Twiggs 8th, Rep. Willard 44th)
House
agrees Senate amend or sub 3/21
Effective
- not specified
*16-13-15
Relating to Schedule I controlled substances:
- (5) Adding "provided, however, that this
does not include any amount naturally and normally occurring in the human body
16-13-15
relates to Schedule I controlled substances.
Adding
"provided, however, that this does not include any amount naturally and
normally occurring in the human body.
*16-13-56
Relating to penalties for violations:
- (b) In addition to any penalty imposed by law
for violation of this article, if the sentencing court finds that in
committing a violation of this article, the D contributed to a release of
hazardous waste, a hazardous constituent, or a hazardous substance, the court
shall require such D to make restitution to the State of Georgia for the
reasonable costs of activities associated with the cleanup of environmental
hazards, including legal expenses incurred by the state
- Restitution made shall not preclude the State
of Georgia from obtaining any other civil or criminal remedy available under
any other provision of law
- Restitution authorized by this Code section is
supplemental and not exclusive
16-13-56
relates to penalties for violations.
Adds
that to any penalty imposed by law for violation of this article, if the
sentencing court finds that in committing a violation of this article, the D
contributed to a release of hazardous waste, a hazardous constituent, or a
hazardous substance, the court shall require such D to make restitution to the
State of Georgia for the reasonable costs of activities associated with the
cleanup of environmental hazards, including legal expenses incurred by the
state. Restitution made shall not preclude the State of Georgia from obtaining
any other civil or criminal remedy available under any other provision of law.
Restitution authorized by this Code section is supplemental and not exclusive.
*16-13-70.1
New Code Section:
- Any term used in this article and not defined
in this article but defined in 16-3-21 shall have the meaning of 16-13-21
16-13-70.1
is a new Code Section
Any
term used in this article and not defined in this article but defined in
16-3-21 shall have the meaning of 16-13-21.
*16-13-71
Relating to the list of dangerous drugs:
Adding:
(160.2) Chenodiol; (160.15) Cetirizine; (920) Sulfathiazole; (22.5) Alosetron;
(62.8) Argatroban; (64.1) Arsenic triozide; (76.5) Balsalazide; (97.3)
Bexarotene; (160.15) Cetirizine; (160.16) Cetrorelix; (160.17) Cevimeline;
(160.2) Chenodiol; (192.03) Ciclopirox; (194.4) Cilexetil; (221.5) Cupric
chloride - injectable; (315.7) Docosanol - see exceptions; (390.7)
Fludeoxyglucose; (404.3) Follitropin; (408.8) Gadoversetamide; (412.03)
Gatifloxacin; (412.3) Gemtuzumab ozogamicin; (474.4) Insulin glargine; (516.7)
Levobetaxolol; (522.5) Linezolid; (529.5) Lopinavir; (552.5) Meloxicam;
(563.5) Mequinol; (622.3) Mitoxantrone; (644.9) Nitric oxide - for use in
humans; (667.5) Oxcarbazepine; (680.5) Ozogamicin; (685.7) Pantoprazole;
(703.6) Perfluoroalkylpolyether; (751.5) Polytetrafluoroethylene; (752.2)
Poractant Alpha; (785.5) Proguanil; (843.83) Rivastigmine; (920) Reserved;
(922.5) Sulfathiazole; (967.2) Tinzaparin; (1002.5) Triptorelin; (1019.5)
Unoprostone; (1029.5) Verteporfin; (1042.92) Zonisamide; (8.5) Docosanol -
when used in 10 percent topical preparation to treat fever blisters, cold
sores, or fever blisters and cold sores
16-13-71
Relating to the list of dangerous drugs.
Added
to the list of dangerous drugs.
HB 657 (Rep. Broome 160th, Rep. Skipper 137th,
Rep. Shanahan 10th, Rep. Stokes 92nd, Rep. Lanier 145th, Rep. Collins 29th)
Senate
passed/adopted 3/21
Effective
- July 1, 2001; applies where at least one racketeering activity occurs on or
after that date; prior law shall apply when no acts occur on or after that
date
*16-14-3
Relating to definitions applicable to the Georgia RICO Act
- (8) Changes "incidents" to
"acts"
- Acts "in furtherance of one or more
incidents, schemes or transactions" that have similar…
16-14-3
relates to definitions applicable to the Georgia RICO Act.
Changes
"incidents" to "acts." Acts "in furtherance of one or
more incidents, schemes or transactions" that have similar…
HB 658 (Rep. Wix 33rd, Rep. Golick 30th, Speaker
Murphy 18th, Rep. Barnes 97th)
House
agrees Senate amend or sub 3/21
Effective
-
*42-5-50
Relating to transmittal of information on convicted persons and place of
detention:
- (c)(2) If convicted person remains in custody
of the local jail or lockup for more than 90 days after a request for local
custody has been filed, the sheriff through prosecuting attorney may petition
the sentencing court for a hearing to determine whether person should be
transferred to the custody of the commissioner of corrections
- Notice of petition must be sent to attorney of
record for the convicted person by certified mail or statutory overnight
delivery
- Court should consider merit of the appeal,
available space in the local jail, problems or dangers that result from the
presence of the convicted person in the local jail, and other factors raised
by the sheriff or the attorney of record for the convicted person
- If court finds person should be transferred,
must be processed, assigned and transferred as provided in (a) and (b) of this
section
42-5-50
relates to transmittal of information on convicted persons and place of
detention.
If
convicted person remains in custody of the local jail or lockup for more than
90 days after a request for local custody has been filed, the sheriff through
prosecuting attorney may petition the sentencing court for a hearing to
determine whether person should be transferred to the custody of the
commissioner of corrections. Court should consider merit of the appeal,
available space in the local jail, problems or dangers that result from the
presence of the convicted person in the local jail, and other factors raised
by the sheriff or the attorney of record for the convicted person
HB 678 (Rep. Snow 2nd, Speaker Murphy 18th, Rep.
Coleman 142nd, Rep. Stuckey 67th)
House
agrees on Senate amend or sub 3/21
Effective
- not specified
*40-6-1
Relating to motor vehicles and traffic:
- Maximum fines for first offense of violation of
any lawful speed limit
o 5 or less: $0
o More than 5 and less than 10: $25
o More than 10 and less than 14: $100
o More than 14 and less than 19: $125
o More than 19 and less than 24: $150
o More than 24 and less than 34: $500
40-6-1
relates to motor vehicles and traffic. Maximum fines for first offense of
violation of any lawful speed limit are: More than 5 and less than 10: $25;
more than 10 and less than 14: $100; more than 14 and less than 19: $125; more
than 19 and less than 24: $150; more than 24 and less than 34: $500.
*40-6-20
Relating to required obedience to traffic-control devices and presumptions:
- (a) Electronic device on traffic lights -
misdemeanor
- (f)(1)(A) Owner = registrant of a motor vehicle
(except rental car co.s)
- (f)(1)(B)(ii) Traffic-control signal of red
circle or red arrow, rear of vehicle in disregard for the signal, license
plate, (f)(1)(B)(i)(I) need two or more photographs, (II) microphotographs,
electronic images, (II)or a videotape showing these things
- (f)(3)(A) Not more than $70
- (f)(3)(B) Must mail citation not later than 10
days after the alleged violation
- Citation must include: (i) date and time of
violation, location of intersection, amount, and due date
- (ii) Must also send copy of the recorded image;
(iii)certificate sworn to or affirmed by a trained law enforcement officer or
technician employed by a law enforcement officer or a technician of the law
enforcement agency; (iv) statement of the inference ((f)(3)(D) preponderance
of the evidence, image is prima-facie evidence coupled with proof that D was
registered owner of the vehicle - trier of fact is able to infer that the
owner was the driver of the vehicle at the time of the alleged violation,
inference may be rebutted with (i) testimony, (ii) proof that vehicle was
stolen at that time (police report) or has (iii) sworn notarized statement
identifying the driver at the time); (v) information advising the owner when
he may contest; (vi) warning that failure to pay will waive any right to
contest liability
- (f)(4) Not a moving traffic violation for
purposes of points assessment
- Violations are non-criminal
- Not a conviction
- Will not be made part of the operators record
- Shall not be used for any insurance purposes
- (7) Recorded images shall not be a public
record
- (8) This does not limit law enforcement to the
use of traffic-control signal monitoring devices, an obtain evidence from
other sources
- 40-14-21(c): Fines collected cannot be paid to
the mfg or vendor of the traffic-control signal monitoring devices;
compensation paid by the county or municipality shall be based on the value of
the equipment and not based on the number of traffic citations issued or the
revenue generated by the devices
- 40-14-23: must have signs
40-6-20
relates to required obedience to traffic-control devices and presumptions.
Provides
for electronic recording devices on traffic signals. If vehicle is shown to
have passed through the signal with red circle or red arrow is a violation.
Citation will be sent to address of record owner of license tag. There will be
a presumption that the owner of the car was driving, may be rebutted with
testimony, proof that car was stolen, or sworn and notarized statement of
another person that s/he was driving the vehicle at the time of the violation.
*40-14-24:
report on the use of these devices to Gov, Lt. Gov, and Speaker on preceding
year including (1) description of the locations where they are used (2) number
of violations recorded at each location each month (3) number of citations
issued total (4) number of fines and total amounts of fines paid after
citation without contest (5) number of violations adjudicated and results of
such adjudications, including a breakdown of dispositions made (6) total
amount of fines paid and (7) quality of the adjudication process and its
results
40-14-24
provides that a report on these devices will be sent yearly to the Governor,
Lt. Governor, and the Speaker of the House.
HB 810 (Rep. Jenkins 110th, Rep. Holland 157th,
Rep. Forster 3rd)
Senate
agrees with House amend or sub
Effective
upon Governor’s signature or upon it becoming law without Governor’s
signature
*5-6-34
Relating to judgments and rulings deemed directly appealable, procedure for
review of judgments, orders or decisions not subject to direct appeal, scope
of review, and hearings in criminal cases involving a capital offense for
which death penalty is sought:
(b)
Supreme Court or Court of Appeals shall issue an order granting or denying
such an appeal within 60 days of the date the application was filed (was 30
days)
5-6-34
relates to judgments and rulings deemed directly appealable, procedure for
review of judgments, orders or decisions not subject to direct appeal, scope
of review, and hearings in criminal cases involving a capital offense for
which death penalty is sought.
Supreme
Court or Court of Appeals shall issue an order granting or denying such an
appeal within 60 days of the date the application was filed, before was 30
days.
SB 13 (Sen. Crotts 17th)
Senate
agrees House amend or sub
Effective
- not specified
*42-8-30.1
Relating to the contractual agreements for probation:
- Article does not apply when probation services
are provided through contractual agreements with private corps or if county or
municipal has established a probation system pursuant to 42-8-100
42-8-30.1
Relating to the contractual agreements for probation.
Article
does not apply when probation services are provided through contractual
agreements with private corps or if county or municipal has established a
probation system pursuant to 42-8-100 (see below).
*42-8-100
Relating to agreements btwn chief judges of county courts or judges of
municipal courts and corporations, enterprises, or agencies for probation
services:
- (a) County or municipal court with original
jurisdiction of ordinance violations where D has been found guilty may hear
and determine question of probation for D
- (b) Court can stay and suspend the execution of
the sentence or place person on probation; probation period shall not exceed
the maximum sentence of confinement that could be imposed on the D
- (c) Court may require payment of fines or costs
or both as condition precedent to probation
- (d) Sentencing judge retains jurisdiction over
person on probation, judge may revoke probated sentence or sentence or change
it during the period of time originally prescribed for the probated sentence
to run
- (e) D may have his probation supervision
transferred to the county or municipality where person resides
- (f)(1) May contract out probation, striking for
person convicted "of a misdemeanor," so now just convicted, still
not for felony however
42-8-100
relates to agreements btwn chief judges of county courts or judges of
municipal courts and corporations, enterprises, or agencies for probation
services.
County
with original jurisdiction of ordinance violations where D has been found
guilty may hear and determine question of probation for D. Court can stay and
suspend the execution of the sentence or place person on probation; probation
period shall not exceed the maximum sentence of confinement that could be
imposed on the D. Court may require payment of fines or costs or both as
condition precedent to probation. Sentencing judge retains jurisdiction over
person on probation, judge may revoke probated sentence or change it during
the period of time originally prescribed for the probated sentence to run. D
may have his probation supervision transferred to the county or municipality
where person resides. May contract out probation, striking for person
convicted "of a misdemeanor," so now just convicted, still not for
felony however.
SB 22 (Sen. Meyer von Bremen 12th, Sen. Lee
29th, Sen. Kemp 3rd)
Senate
agrees House amend or sub 3/21
Effective
- not specified
Increase
penalties for tampering with evidence
*16-10-94
Relating to tampering with evidence:
- (c) Person who violates subsection (a)
involving the prosecution or defense of a felony and involving another person
shall be guilty of a felony; shall be punished 1-3 years
- Person who violates subsection (a) involving
the prosecution or defense of a serious violent felony and involving another
person shall be guilty of a felony; shall be punished 1-10 years
- Except as otherwise provided one who violates
(a) involving the prosecution or defense of a misdemeanor shall be guilty of a
misdemeanor
16-10-94
relates to tampering with evidence.
Increase
penalties for tampering with evidence. Person who violates subsection (a)
involving the prosecution or defense of a felony and involving another person
shall be guilty of a felony; shall be punished 1-3 years; person who violates
subsection (a) involving the prosecution or defense of a serious violent
felony and involving another person shall be guilty of a felony; shall be
punished 1-10 years; except as otherwise provided one who violates (a)
involving the prosecution or defense of a misdemeanor shall be guilty of a
misdemeanor.
SB 33 (Sen. James 35th)
House
passed/adopted 3/14
Effective
upon Governor’s signature or upon it becoming law without such approval
*16-6-9
Relating to the offense of prostitution:
- Changes language, "sexual act" in
place of "act
- Included but not limited to sexual intercourse
"or sodomy"
- For money "or other items of
value"
16-6-9 relates to the offense of
prostitution.
Changes
language, "sexual act" in place of "act; sexual act includes
but is not limited to sexual intercourse "or sodomy"; adds
"other items of value" to cause to be prostitution, not just
"for money."
*16-6-13
Relating to penalties for violating Code Sections 16-6-9 through 16-6-12:
- (b) "or pimping" added - pimping or
pandering
- Changes age to under 18 (was 17)
- Changes punishment to 5-20 years (was 1-5) and
fined (stay at 2500-10K)
16-6-13
relates to penalties for violating Code Sections 16-6-9 through 16-6-12.
Adds
"or pimping" to "pandering; changes age to under 18, was under
17; changes punishment to 5-20 years (was 1-5) and fined (stay at 2500-10K).
*16-6-14
Relating to the offense of pandering by compulsion:
Changes
female to "person"
16-6-14
relates to the offense of pandering by compulsion.
Changes
female to "person."
*16-6-15
Relating to solicitation of sodomy:
Relating
to solicitation of sodomy
- (b) Changes age to under 18 (was 17)
- Changes punishment to 5-20 (was 1-5) and fined
2500-10K (was 1-5K)
16-6-15
relates to solicitation of sodomy.
Changes
age to under 18 (was 17); changes punishment to 5-20 (was 1-5) and fined
2500-10K (was 1-5K).
SB 34 (Sen. Hecht 34th, Sen. Fort 39th, Sen.
Starr 44th, Sen. Kemp 3rd, Sen. Hamrick 30th, Sen. Ray 48th)
House
agrees Senate amend or sub 3/21
Effective
- July 1, 2001
*16-10-52
Relating to the offense of escape:
- (b)(1) Person charged with a felony who is
lawful confinement prior to conviction who escapes - 1-5 years (was previously
in "all other persons convicted" category for a misdemeanor)
- Any other person convicted of escape shall be
punished as for a misdemeanor
16-10-52
relates to the offense of escape.
Person
charged with a felony who is lawful confinement prior to conviction who
escapes punishment will be 1-5 years (was previously in "all other
persons convicted" category for a misdemeanor); any other person
convicted of escape shall be punished as for a misdemeanor.
*16-6-13.2
Relating to forfeiture:
- (c)(1) Motor vehicle operated by a person to
facilitate a violation of 16-6-11 where the offense involved the pimping of a
person under 18 to perform an act of prostitution and motor vehicle was
operated by a person convicted of 2 previous violations of 16-6-11 or 16-6-12
involving a motor vehicle within a 5 year period will be contraband and
subject to forfeiture to the state
16-6-13.2
relates to forfeiture.
A
motor vehicle operated by a person in an offense involving the pimping of a
person under 18 to perform an act of prostitution and motor vehicle was
operated by a person convicted of 2 previous violations of 16-6-11 or 16-6-12
involving a motor vehicle within a 5 year period will be contraband and
subject to forfeiture to the state.
*17-10-1
Relating to sentencing:
- (a)(1) Judge imposing the sentence may revoke
the suspension or probation when D has violated any rules and regulations
prescribed by the court, even before the probationary period has begun
- (2)Probation supervision shall not be required
for Ds sentenced to probation while D is in the legal custody of the Dept of
Corrections or the St Bd of Pardons and Paroles
- (3)(A) Violation of special condition is added
to list of "other than . . ." that will put D in probation detention
center, probation boot camp, diversion center, weekend lock up or confinement
in a local jail or detention facility or other community correctional
alternatives available to the court or provided by the Dept of Corrections
17-10-1
relates to sentencing.
Judge
imposing the sentence may revoke the suspension or probation when D has
violated any rules and regulations prescribed by the court, even before the
probationary period has begun; probation supervision shall not be required for
Ds sentenced to probation while D is in the legal custody of the Dept of
Corrections or the St Bd of Pardons and Paroles; violation of special
condition is added to list of "other than . . ." that will put D in
probation detention center, probation boot camp, diversion center, weekend
lock up or confinement in a local jail or detention facility or other
community correctional alternatives available to the court or provided by the
Dept of Corrections.
*42-8-34.1
Relating to revocation of probated or suspended sentences, restitution or
fines, and the limitation on probation supervision:
- (a) Special condition = condition of a probated
or suspended sentence which
o (1) is expressly imposed as a part of the
sentence
o (2) is identified in writing in the sentence as
a condition the violation of which authorizes the court to revoke the
probation or suspension and require the D to serve up to the balance of the
sentence in confinement
- (e) If the violation of probation or suspension
alleged and proven by preponderance of the evidence or D’s admission is the
violation of a special condition the court may revoke the probation or
suspension of the sentence and require D to serve the balance or portion of
the balance of the original sentence in confinement (was same as for felony
offense - court may revoke no more than the lesser of the balance of probation
or the maximum time of the sentence authorized to be imposed for the crime
constituting the violation of the probation)
42-8-34.1
relating to revocation of probated or suspended sentences, restitution or
fines, and the limitation on probation supervision.
Special
condition is a condition of a probated or suspended sentence which is
expressly imposed as a part of the sentence or is identified in writing in the
sentence as a condition the violation of which authorizes the court to revoke
the probation or suspension and require the D to serve up to the balance of
the sentence in confinement. If the violation of probation or suspension
alleged and proven by preponderance of the evidence or D’s admission is the
violation of a special condition the court may revoke the probation or
suspension of the sentence and require D to serve the balance or portion of
the balance of the original sentence in confinement (was same as for felony
offense - court may revoke no more than the lesser of the balance of probation
or the maximum time of the sentence authorized to be imposed for the crime
constituting the violation of the probation).
SB 57 (Sen. Thompson 33rd, Sen. Stokes 43rd,
Sen. Tanksley 32nd, Sen. Hecht 34th, Sen. Haines 46th)
Senate
agrees House amend or sub 3/21
Effective
- July 1, 2001
*Adding
Article 4
Family
Violence and Stalking Protective Order Registry Act
Georgia
Protective Order Registry shall be created to serve as a centralized database
for statewide protective orders issued pursuant to 16-5-90 - 16-5-94 and this
chapter.
Adding
Article 4: Family Violence and Stalking Protective Order Registry Act.
Provides
for creation of the Georgia Protective Order Registry to serve as a
centralized database for statewide protective orders issued pursuant to
16-5-90 - 16-5-94 and this chapter.
SB 66 (Sen. Pelote 149th)
Senate
agrees House amend or sub 3/21
Effective
- not specified
*42-1-12
Relating to required registration of certain sex offenders
(a)(4)(B)
Criminal offense against a victim who is a minor with respect to convictions
occurring after June 30, 2001:
(i) Kidnapping of a minor, except by a parent
(ii) False imprisonment of a minor, except by a
parent
(iii) Criminal sexual conduct toward a minor
(iv) Solicitation of a minor to engage in sexual
conduct
(v) Use of a minor in a sexual performance
(vi) Solicitation of a minor to practice
prostitution
(vii) Use of a minor to engage in any sexually
explicit conduct to produce any visual medium depicting such conduct
(viii) Creating, publishing, selling or
distributing any material depicting a minor engaged in sexually explicit
conduct
(ix) Transmitting, making, buying, or
disseminating by means of a computer any descriptive or identifying
information regarding a child for the purpose of offering or soliciting sexual
conduct of or with a child or the visual depicting of such conduct
(x) Any conduct which, by its nature, is a sexual
offense against a minor
(b)(1)(A)
Adds "school address, if any" to list of things sexually violent
offender must register after release
(d)(1)
Strikes language that provided for allowance of person to prove that s/he has
not changed his/her residence address as an excuse for not complying with
renewal of registration each year.
40-1-12
relates to required registration of certain sex offenders.
Adds
to list of what is criminal offense against a victim who is a minor: Use of a
minor to engage in any sexually explicit conduct to produce any visual medium
depicting such conduct; creating, publishing, selling or distributing any
material depicting a minor engaged in sexually explicit conduct; transmitting,
making, buying, or disseminating by means of a computer any descriptive or
identifying information regarding a child for the purpose of offering or
soliciting sexual conduct of or with a child or the visual depicting of such
conduct; and any conduct which, by its nature, is a sexual offense against a
minor. Adds "school address, if any" to list of things sexually
violent offender must register after release. Strikes language that provided
for allowance of person to prove that s/he has not changed his/her residence
address as an excuse for not complying with renewal of registration each year.
SB 94 (Sen. Stokes 43rd, Sen. Hecht 34th, Sen.
Kemp 3rd)
House
passed/adopted 3/15
Effective
- not specified
*15-6-77
Relating to fees of clerks of superior courts:
(e)(4)
- No fee or cost shall be assessed for any
service rendered by clerk of superior court through entry of judgment in
family violence cases, adds "or in connection with the filing, issuance,
registration, or service of a protection order or a petition for a prosecution
order to protect a victim of domestic violence, stalking or sexual
assault"
(i)(3)
- Costs associated with the filing of criminal
charges by an "alleged victim of a violation of Code Section 16-5-90,
16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1 or
16-6-22.2" or for the issuance of service of a warrant protective order,
or witness subpoena arising from the violation of Code Sections mentioned
above
- Was just domestic violence
15-6-77
relates to fees of clerks of superior courts.
Adds
to the list for which there shall be no fee or cost assessed for services:
"in connection with the filing, issuance, registration, or service of a
protection order or a petition for a prosecution order to protect a victim of
domestic violence, stalking or sexual assault." Also, for costs
associated with the filing of criminal charges by an "alleged victim of a
violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4,
16-6-5.1, 16-6-22.1 or 16-6-22.2" or for the issuance of service of a
warrant protective order, or witness subpoena arising from the violation of
Code Sections mentioned above. Before, was just domestic violence.
*15-16-21
Relating to fees for sheriff’s services:
(h)
No fee shall be assessed against the alleged victim of a violation of Code
Sections 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1
or 16-6-22.2
15-16-21
relates to fees for sheriff’s services.
No
fee shall be assessed against the alleged victim of a violation of Code
Sections 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1
or 16-6-22.2.
*15-10-82
Relating to hearing fee on application for search or arrest warrant or deposit
account fraud citation:
No
fee shall be assessed against alleged victim of a violation of Code Sections
16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1 or
16-6-22.2.
15-10-82
relates to hearing fee on application for search or arrest warrant or deposit
account fraud citation.
No
fee shall be assessed against alleged victim of a violation of Code Sections
16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1 or
16-6-22.2.
SB 99 (Sen. Polak 42nd, Sen. Starr 44th, Sen.
James 35th, Sen. Walker 22nd, Sen. Hecht 34th, Sen. Price 56th)
House
passed/adopted 3/21
Effective
- not specified
*3-5-5
New Code section:
- (c) For keg purchase must show identification
for all purchasers
- Seller should record date, size of keg, keg id
number, amount of deposit
- Also, name, address, date of birth of
purchaser, form of ID presented, signed statement of acknowledging civil
liability, criminal prosecution or both
3-5-5
is a new Code section.
For
keg purchase must show identification for all purchasers; seller should record
date, size of keg, keg id number, amount of deposit; also, name, address, date
of birth of purchaser, form of ID presented, signed statement of acknowledging
civil liability, criminal prosecution or both.
SB 129 (Sen. Meyer von Bremen 12th, Sen. Bowen
13th, Sen. Butler 55th)
Senate
passed/adopted 3/19
Effective
- not specified
*35-3-36
Relating to duties of state criminal justice agencies as to admission of
fingerprints, photographs, and other identifying data to the Georgia Crime
Information Center:
- (n) Georgia Criminal Information Center -
center or employees, not responsible for accuracy of information contained in
the records representing wanted persons, missing person, and stolen property
in the computerized files of the Georgia Criminal Justice Information Systems
network or computerized files of FBI National Crime Information Center.
- Criminal justice agencies establishing such
records bear all responsibilities for entry, update, and removal
35-3-36
relates to duties of state criminal justice agencies as to admission of
fingerprints, photographs, and other identifying data to the Georgia Crime
Information Center.
Georgia
Criminal Information Center - center or employees, not responsible for
accuracy of information contained in the records representing wanted persons,
missing person, and stolen property in the computerized files of the Georgia
Criminal Justice Information Systems network or computerized files of FBI
National Crime Information Center. Criminal justice agencies establishing such
records bear all responsibilities for entry, update, and removal
SB 160 (Sen. Johnson 1st, Sen. Bowen 13th, Sen.
Dean 31st, Sen. Gillis 20th, Sen. Hooks 14th)
House
passed/adopted 3/19
Effective
- not specified
*16-3-21
Relating to the use of force in the defense of self or others:
- (a): adds "except as provided for in
16-3-23" a person is justified in using force which is intended or likely
to cause death or great bodily harm only if s/he reasonably believes that such
force is necessary to prevent death or great bodily injury to himself or
herself or a 3rd person or to prevent the commission of a forcible felony
16-3-21
relates to the use of force in the defense of self or others.
Adds
"except as provided for in 16-3-23 (see below)" a person is
justified in using force which is intended or likely to cause death or great
bodily harm only if s/he reasonably believes that such force is necessary to
prevent death or great bodily injury to himself or herself or a 3rd person or
to prevent the commission of a forcible felony.
*16-3-23
Relating to use of force in defense of habitation:
To
prevent or terminate such other’s unlawful entry into or attack upon
habitation, justified to use force which is intend or likely to cause death or
great bodily harm if:
Added
(2): That force is used against another person who is not a member of the
family or household and who unlawfully and forcibly enters or has unlawfully
and forcibly entered the residence and the person using such force knew or had
reason to believe that an unlawful and forcible entry occurred
16-3-23
relates to use of force in defense of habitation.
To
prevent or terminate such other’s unlawful entry into or attack upon
habitation, justified to use force which is intend or likely to cause death or
great bodily harm if:
added
"that force is used against another person who is not a member of the
family or household and who unlawfully and forcibly enters or has unlawfully
and forcibly entered the residence and the person using such force knew or had
reason to believe that an unlawful and forcible entry occurred."
SB 204 (Sen. Polak 42nd, Sen. Streat 19th, Sen.
Thomas 10th)
Senate
agrees House amend or sub 3/21
Effective
- January 1, 2002
*16-12-30
Relating to seizure and destruction of gambling devices:
- (a)(2) Bona fide coin operated amusement
machines, defined in 48-17-1, which rewards a successful player only with
noncash redemption are not contraband
- (3) Bona fide coin operated amusement machines
which are alleged to have been used in violation of (e), (f), (g), or (h) are
subject to seizure and forfeiture
16-12-30
relates to seizure and destruction of gambling devices.
Adds
language that bona fide coin operated amusement machines, defined in 48-17-1,
which rewards a successful player only with noncash redemption are not
contraband. Also, that bona fide coin operated amusement machines which are
alleged to have been used in violation of (e), (f), (g), or (h) are subject to
seizure and forfeiture.
*16-12-35
Relating to the applicability of the part prohibiting gambling:
- (a.1)(1) Single play or one play means the
completion of a sequence of a game where the player receives a score and from
the score the player can secure free replays, merchandise, points, tokens,
vouchers, tickets, or other evidence of winnings
- (c)(1)(B) Prizes must not be exchangeable or
redeemable in any manner in this state or any other state, jurisdiction, or
foreign country for money, cash, or any equivalent thereof
- The machine is prohibited from awarding as a
reward for successful play any item the sale of which is regulated by Title 3,
any tobacco products, or any firearms
- (d)(1)(c) Winnings may be exchanged
"ONLY" for rewards set out in (A) and (B)
- (e) Any person who give to any other money for
free replays on coin operated games or devices described in (b), (c), or (d);
first offense: misdemeanor, but if first offense involved transfer of more
than $100 in a single transaction or in the aggregate shall be a felony
punishable by 1-3 years or a fine or both
- Second and subsequent offenses shall be
felonies punishable by 1-3 years, fine or both
- The fine shall not exceed $10K for the first or
second and shall not exceed $20K subsequently
- (f) Same punishments for any person owning or
possessing an amusement game or device described in subsection (c) or (d) of
this Code section or any person employed by or acting on behalf of any such
person who gives to any other person money for any noncash merchandise, prize,
toy, gift certificate, or novelty received as a reward in playing any such
amusement game or device
- (f.1) Same punishment for any person who gives
to any other person money for any noncash merchandise, prize toy, gift
certificate, or novelty received as a reward in playing a bona fide coin
operated amusement machine in accordance with subsection (c) or (d) of this
Code section
- (g) Same punishment for any person owning or
possessing an amusement game or device as described in subsection (b), (c), or
(d) of this Code section, or any person employed by or acting on behalf of any
such person, who gives to any other person money as a reward for the
successful play or winning of any such amusement game or device
- (h)(1) Unlawful for person to receive money
from another for free replays on a bona fide coin operated amusement machine
- (2) Unlawful for any person to receive money
from a person owning or possessing a bona fide coin operated amusement machine
or any person employed by or acting on behalf of any such person for any
noncash merchandise, prize, toy, gift certificate, or novelty received as a
reward in playing such machine
- Unlawful to receive any money for a gift
certificate received as a reward in playing a machine
- (3) Unlawful for any person to receive money as
a reward for the successful play or winning of any bona fide coin operated
amusement machine from any person owning or possessing such machine or person
acting on behalf of such a person
- (4) Violation of (1), (2), or (3) = first
offense: misdemeanor of a high and aggravated nature, if first offense
involving more than $100: felony, 1-3 years or a fine or both, fine not to
exceed $10K for first or second, not to exceed $20K for subsequent convictions
- (i) Upon arrest, may seize one or more machines
or games alleged to have been used in the violation
- Seizure shall be reported to D.A. of county
where machine was seized, D.A. shall cause to be filed in the superior court
of that county an action against the property seized and provide notice to all
persons having an interest in the property so seized
- (j) Each gift certificate awarded for
successful play must say: GEORGIA LAW PROHIBITS EXCHANGING OR REDEEMING THIS
CERTIFICATE FOR MONEY, CASH, OR ANY EQUIVALENT, INCLUDING CHANGE IN MONEY OR
CASH AS PART OF AN EXCHANGE FOR MERCHANDISE. CRIMINAL PENALTIES MAY INCLUDE A
$1K FINE OR ONE YEAR IN PRISON OR OBTH FOR THE FIRST OFENSE AND ARE MORE
SEVERE FOR ADDITIONAL OFFENSES
16-12-35
relates to the applicability of the part prohibiting gambling.
Adds
language defining single play or one play as the completion of a sequence of a
game where the player receives a score and from the score the player can
secure free replays, merchandise, points, tokens, vouchers, tickets, or other
evidence of winnings. Adds language that prizes must not be exchangeable or
redeemable in any manner in this state or any other state, jurisdiction, or
foreign country for money, cash, or any equivalent thereof. The machine is
prohibited from awarding as a reward for successful play any item the sale of
which is regulated by Title 3, any tobacco products, or any firearms. States
that winnings may be exchanged "ONLY" for rewards set out in (A) and
(B). Sets out punishment: any person who gives to any other money for free
replays; person who gives to any other person money for any noncash
merchandise; owns or is in possession of machine; owns location of machine in
violation, first offense: misdemeanor, but if first offense involved transfer
of more than $100 in a single transaction or in the aggregate shall be a
felony punishable by 1-3 years or a fine or both; second and subsequent
offenses shall be felonies punishable by 1-3 years, fine or both; the fine
shall not exceed $10K for the first or second and shall not exceed $20K
subsequently. Upon arrest, may seize one or more machines or games alleged to
have been used in the violation. Seizure shall be reported to D.A. of county
where machine was seized, D.A. shall cause to be filed in the superior court
of that county an action against the property seized and provide notice to all
persons having an interest in the property so seized. Each gift certificate
awarded for successful play must contain statement as provided in provision.
*48-17-2
Relating to master licenses:
- (d.1) Each master license issued for bona fide
operated amusement machines shall include: GEORGIA LAW PROHIBITS GIVING OR
RECEIPT OF ANY MONEY FOR WINNING A GAME OR GAMES ON THIS AMUSEMENT MACHINE;
GIVING OR RECEIPT OF MONEY FOR FREE REPLAYS WON ON THIS AMUSEMENT MACHINE;
GIVING OR RECEOPT OF MONEY FOR ANY MERCHANDISE, PRIZE, TOY, GIFT CERTIFICATE,
OR NOVELTY WON ON THIS AMUSEMENT MACHINE; OR AWARDING ANY MERCHANDISE, PRIZE,
TOY, GIFT CERTIFICATE, OR NOVELTY OF A VALUE EXCEEDING $5 FOR A SINGLE PLAY OF
THIS MACHINE