Skip to content

Volume 11, Issue 1 (Fall 1994)

LOCAL GOVERNMENT Urban Redevelopment: Allow County or Municipality to Offset Payment in Condemnation Proceedings by Amount of Existing Municipal or County Tax Liens, Including Special Assessment Tax Liens

The Act permits counties and local municipalities to offset the price they would normally pay for property condemned in an eminent domain proceeding by the amount of any existing special assessment tax liens on the property. The purpose of the Act is to encourage urban development by allowing municipal or

CRIMES AND OFFENSES Offenses Against Health and Morals: Provide Felony Penalties for Soliciting, Engaging in, Contracting with, Conspiring with, Encouraging, Abetting, or Directing a Minor to Commit a Violent Felony

The Act prohibits a person from knowingly and willfully soliciting, engaging in, contracting with, conspiring with, encouraging, abetting, or directing a minor to commit a crime which is a felony and is violent in nature. Additionally, the Act prohibits a person from knowingly or willfully providing a weapon to a

CRIMES AND OFFENSES Offenses Involving Theft: Provide for Presumption of Intent to Convert Rented or Leased Personal Property After a Certain Term; Change Venue Requirements

The Act creates a presumption of intent to convert rented or leased personal property if the renter or lessee, upon formal request by the owner, does not return the property within a specified period of time. Additionally, the Act changes the venue requirements by providing for venue in the county

CRIMINAL PROCEDURE Bonds and Recognizances: Provide that Certain Persons Arrested Without a Warrant Upon Acts of Family Violence Shall Not Be Eligible for Bail Prior to an Appearance Before a Judicial Officer; Provide for Increased Bail and Specific Co...

The Act requires a law enforcement officer making a warrantless arrest for an act of family violence to bring the accused before a judicial officer for a bond hearing before release. Furthermore, it requires one accused of family violence, when serious injury occurs and there is danger of further violence,

DOMESTIC RELATIONS Family Violence: Provide that a Hearing Shall Be Held Within Ten Days of the Filing of a Family Violence Petition or as Soon as Practical Thereafter, But in No Case Later Than Thirty Days After the Filing of a Family Violence Petiti...

This portion of the Act, pertaining to petitions seeking relief from family violence, extends the length of time between the petition and the time of the hearing from ten to thirty days. Further, it gives the court discretion to convert a temporary order granting relief from family violence to a

COURTS Probate Courts: Provide Method for Service of Process on Minors or Incapacitated Adults in Probate Court Proceedings

The Act provides a modernized method for serving process upon minors or incapacitated adults in probate court proceedings. There are two requirements. First, the probate court must mail, by certified mail, a copy of the document being served to the minor or incapacitated adult. Second, the probate court must serve

EDUCATION Elementary, Secondary, and Adult Education: Require a Moment of Quiet Reflection at the Opening of Each School Day; Prevent Prohibition of Student Initiated, Voluntary Prayer at Schools and School-Related Events

The Act requires Georgia public school teachers to conduct a period of quiet reflection not to exceed sixty seconds at the start of each school day. The moment of quiet reflection is not to be conducted as a religious service. The Act is not to be interpreted as precluding student-initiated

CRIMINAL PROCEDURE Pre-trial Proceedings: Provide for Discovery and Inspection of Evidence by the Prosecution and Defendants in Criminal Cases

The Act provides for comprehensive discovery in criminal felony and misdemeanor trials. Evidence of alibis and in rebuttal of alibis must now be disclosed by defense and prosecution counsel at least ten days prior to trial. Access to documents, records, and results of examinations and scientific tests, and statements of

INSURANCE Domestic Stock and Mutual Insurers: Provide for the Conversion of a Mutual Insurer to a Stock Insurer; Authorize Domestic Stock Insurers to Issue Preferred Stock

Act 781 relaxes the requirements for a mutual stock insurer wishing or planning to convert to a domestic stock insurer. The Act decreases the percentage of approval required from policyholders for successful conversion. Further, the Act mandates giving policyholders a choice between participating in a conversion or receiving 100% of

EDUCATION Elementary, Secondary, and Adult Education: Provide for Fingerprinting and Criminal Record Checks of Prospective Education; Provide for Sanctions Against Students for Damage to State-Provided Class Materials; Provide for Voting Requirement fo...

The Act provides for fingerprinting and criminal record checks of persons to be employed as teachers or principals in the state school system. The Act further provides sanctions against pupils who fail or refuse to pay for lost or damaged textbooks, library books or media materials which are the property

MOTOR VEHICLES AND TRAFFIC Uniform Rules of the Road: Require Exchange of Certain Information Between Parties to a Motor Vehicle Accident; Alter Provisions for Return of license Following Completion of Drug or Alcohol Program; Require Driver to Obey Si...

The Act requires drivers to exchange the names of their liability insurance companies at the scene of an accident. It also requires defendants who plead nolo contendere to a DUI charge to complete a drug or alcohol program within 120 days to avoid suspension of their drivers' licenses. Although

COMMERCIAL CODE Secured Transactions; Sales of Accounts and Chattel Paper: Refinements and Further Definitions of the Act Requiring Filing Statements and Central Indexing Among Conflicting Security Interests

The Act is principally aimed at fine-tuning the central indexing system for article 9 filings created by the General Assembly in 1993. It amends article 9 of title 11, relating to secured transactions, sales of accounts, and chattel paper, to define further what is required on a financing statement, amendment,