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CIVIL PRACTICE, CRIMINAL PROCEDURE Civil Practice and Procedure Generally: Clarify Circumstances in Which Continuances Shall be Granted Due to Attendance at the Generally Assembly; Trial: Clarify Circumstances in Which Continuances Shall be Granted D...

The Act clarifies the effect that an attorney's or party's attendance at the General Assembly has on civil, criminal, and administrative agency proceedings. The Act provides that judges of trial courts or administrative agencies shall continue any trial or hearing when a party or attorney is

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CIVIL PRACTICE, COURTS Civil Practice Act: Prohibit a Civil Litigant from Interposing a Claim for an Improper Purpose Such as to Suppress a Person's Right of Free Speech or Right to Petition Government; Provide for a Motion to Strike or Dismiss That M...

The Act creates a motion to strike and a motion to dismiss for use by defendants whose right to free speech or right to petition government for a redress of grievances related to an issue of public interest or concern is challenged by the interposition of a civil suit. The

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BANKING AND FINANCE Financial Institutions: Change and Liberalize Branch Ranking Restrictions in Georgia

The Act eases restrictions on interstate branch banking in Georgia in two phases over the next two years. Specifically, the Act amends and rewrites the former Georgia banking law, which heretofore restricted the establishment of branch banks in particular counties to very limited circumstances. The Act allows a bank to

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SOCIAL SERVICES Public Assistance: Provide Uniform Guidelines for Non-Criminal Disposition of Allegations of Fraud in Obtaining Public Assistance; Provide Lifetime Bar on Receipt of Public Assistance for Those Convicted Twice of Fraud in Obtaining Pub...

The Act allows prosecutors to proceed by accusation in cases relating to fraud in obtaining public assistance. It also allows prosecutors to defer prosecution and enter into consent agreements with those accused of such fraud. It further provides that any person who is twice convicted of fraud in obtaining public

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SOCIAL SERVICES Programs and Protection for Children and Youth: Amend the Child Abuse Registry Provisions; Change Appellate Venue from Juvenile Court to Superior Court

The Act amends the Code sections governing the Georgia Child Abuse Registry, changing the definitions section and changing the procedure for appealing placement on the register. The Act further amends the Code to provide for representation of minors by counsel. hmtl Download PDF

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SOCIAL SERVICES, CRIMES AND OFFENSES Children and Youth Services: Create Felony Offense of Aiding or Harboring an Escaped Child and Felony Offense for Providing Contraband to a Child Under the Department's Custody; Crimes Against the Person: Include ...

The Act changes the crimes of aiding, assisting, or encouraging a child to escape from the custody of the Department of Children and Youth Services (Department), harboring or sheltering an escaped youth, and hindering the apprehension of an escaped youth from misdemeanors to felonies. It creates the new crime of

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PUBLIC UTILITIES AND TRANSPORTATION Telephone and Telegraph Service: Define Telecommunication Service and Prohibited Telecommunication Device; Increase Criminal Penalties and Civil Remedies for Avoiding Lawful Telecommunication Charges or for Producin...

The Act refines the scope of and penalty for the crime of avoiding charges for telecommunication services. The Act also defines "unlawful" telecommunication device" and provides increased penalties for the use, sale, or production of such devices. Download PDF

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PROFESSIONS AND BUSINESS Professional Counselors, Social Workers, and Marriage and Family Therapists: Provide for Mental and Physical Examinations of Licensees in Cases of Suspected Incapacity

This Act provides for methods of enforcing licensing law provisions for various specialties by the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists (Board). The Act requires licensees governed by this Code Section to submit to mental and physical examinations if the Board reasonably believes

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PENAL INSTITUTIONS Jails: Provide for Recoupment of Money from Inmates for Medical Services Provided to Inmates Not Eligible for Health Insurance Benefits; Provide for Deductions from Inmate Accounts for Certain Damages and Medical Costs

Act Number 1005 allows a governing authority to file civil action against an inmate to seek reimbursement for the costs of medical care provided to such inmate while incarcerated if the inmate is not eligible for health insurance benefits. Act Number 951 allows an officer in charge to require an

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PENAL INSTITUTIONS Prison Litigation Reform: Impose Court Costs on Prisoners Who File Lawsuits; Authorize Courts to Order Payment of Defendant's Attorney Fees Incurred in Defending Frivolous Lawsuits

The Act requires prison superintendents to freeze the inmate account of prisoners who file lawsuits without sufficient funds to pay court fees for filing and service of the lawsuit. Subsequently, in order to pay those costs, the superintendent must forward to the court clerk future deposits made to the account.

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PENAL INSTITUTIONS General Provisions: Require Registration for Certain Offenders

The Act requires that persons who have been convicted of certain crimes against minors or who have been convicted of sexually violent offenses register their names, addresses, and other information with the Georgia Bureau of Investigation at the time such offenders are released from prison or placed on probation or

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PENAL INSTITUTIONS Board and Department of Corrections: Provide for Transfer of Inmates who Commit Aggravated Assault or Battery on Correctional Officers; Provide for Assistance to Victims of Aggravated Assault or Battery

The Act provides for the transfer of inmates who commit aggravated assault or battery on a correctional officer while in custody to a higher security facility. It further provides procedures by which the Department of Corrections may offer assistance to victims in filing criminal or civil actions. Such assistance does

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NUISANCES Places for Unlawful Sexual Purposes: Provide Procedure for Enjoining and Declaring a Nuisance Real Property Which is Used as a Site for Repeated Drug Activity

The Act provides that real property may be declared a nuisance when the property owner has actual knowledge that substantial drug activity is occurring on the property. The district attorney or a private citizen may file an action with the court to perpetually enjoin the nuisance. Download PDF

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MOTOR VEHICLES AND TRAFFIC Use of Radar Speed Detecting Devices: Change the Definition of Speed Detection Device; Change Certain Provisions Related to Permit Requirements and Applications; Provide for the Suspension or Revocation of Permits for Certai...

The Act updates the definition of a speed detection device measuring speed or velocity based upon either radar principles or laser technology. The Act also provides for notice for the Commissioner of Public Safety of revocation or suspension of any certificate to operate speed detection devices, followed by revocation or

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