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Volume 12, Issue 1 (Fall 1995)

COURTS, DOMESTIC RELATIONS Juvenile Proceedings, Parental Rights: Provide Procedure for Taking Unruly Child into Custody and Detention of Unruly Child; Child Custody Proceedings: Permit Court Discretion in Awarding Visitation and Custody to a Parent Wh...

The Act provides that a child may be taken into custody if a parent or guardian ha contacted a law enforcement agency and reported that child absent or if a child violates a state or local curfew, only when a holding facility for unruly children is available. The Act grants

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CRIMINAL PROCEDURE, COURTS Crime Victims' Bill of Rights: Provide for Crime Victims' Rights; Increase Maximum Amount of Compensation Payable to Victims of Crimes; District Attorneys: Provide for Additional Duties of District Attorneys with Respect to C...

Act 289, originating as HB 170, provides for a victims’ “Bill of Rights.” Crime victims must be notified of specific events in the judicial process, including the capture, charging, or conviction of a suspect or when a convict is under parole consideration. Act 289

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PUBLIC OFFICERS AND OFFICIALS Personnel Administration: Require Applicants for State Employment to Submit to Tests for Illegal Drugs

The Act provides that an applicant for state employment must submit to an established test for the use of illegal drugs. An applicant who is offered employment and either tests positive for illegal drugs or refuses to submit to such a test shall be disqualified from state employment. This disqualification

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PROPERTY Landlord and Tenant: Require Landlords to Give Written Notice to Prospective Residential Tenants of Recent Flooding of Leased Property; Impose Tort Liability for Noncompliance

The Act provides that an owner of real property who seeks to rent or lease that property for residential occupancy must notify the prospective tenant in writing, prior to the execution of the lease, of the property’s propensity for flooding if the property has been damaged by

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HEALTH Care and Protection of Indigent and Elderly Patients: Provide for Written Disclosure by Entities that Specialize in Care of Alzheimer's Patients; Provide for Standard Disclosure Form; Provide that Failure to Disclose is Violation of Fair Busines...

The Act requires that facilities, programs, or state instrumentalities or political subdivisions that advertise, market, offer to provide or provide specialized care, treatment, or activities for persons with Alzheimer’s disease or Alzheimer’s related dementia provide written disclosures of certain information. The Act requires that

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EVIDENCE Witnesses Generally: Provide for Confidentiality of Certain Communications

The Act extends the scope of privileged communications beyond the psychiatrist-patient relationship and provides for privileged communications between enumerated licensed mental health care professionals and their patients. The privilege of confidentiality extends to discussions between treating professionals to the extent such discussions involve the confidential communications of the patient. Download

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EVIDENCE Securing Attendance of Witnesses and Production and Preservation of Evidence: Allow Depositions of Physicians to Preserve Testimony in Criminal Child Abuse and Molestation Proceedings

The Act expands the scope of the parties’ right to take depositions of witnesses in criminal matters when a defendant has been charged with an offense of child molestation, aggravated child molestation, or physical or sexual abuse of a child. The Act permits counsel for the defendant or

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PROFESSIONS AND BUSINESSES Physicians, Physician's Assistants, and Respiratory Care: Authorize Prescription of Certain Controlled Substances and Medical Devices by Physician's Assistants

The Act allows physician’s assistants to prescribe certain controlled substances pursuant to authority delegated by their supervising physician. The Act establishes requirements for both the physician’s assistant and the supervising physician in prescribing controlled substances. Additionally, the Act provides that there shall be no

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LABOR AND INDUSTRIAL RELATIONS Workers' Compensation: Provide 1996 Olympic and Paralympic Volunteers with Workers' Compensation Coverage

The Act provides that all persons who perform voluntary service for the Atlanta Committee for the Olympic Games or for the Atlanta Paralympic Organizing Committee will be considered employees of the organization for the purpose of workers’ compensation coverage. Download PDF

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CRIMINAL PROCEDURE Pretrial Proceedings: Provide for Transfer of Indictments; Revise Procedures for Handling Individuals Not Competent to Stand Trial; Revise Criminal Discovery for Felonies

The Act covers three different topics: transfer of indictment, competency to stand trial, and felony discovery. The transfer of indictment section allows an indictment or accusation to be transferred from the county where it is pending to the county where the defendant was arrested, is held, or is present. The

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WATERS OF THE STATE, PORTS, AND WATERCRAFT Registration, Operation, and Sale of Watercraft: Redefine "Vessel"; Create the Felony Crimes of Homicide by Vessel, Feticide by Vessel, and Serious Injury by Vessel

The Act amends the Georgia Boat Safety Act by providing a new definition of the term “vessel. Additionally, the Act designates homicide by vessel in the first and second degree, feticide by vessel in the first and second degree, and serious injury by vessel as new crimes. Download

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HEALTH Regulation and Construction of Hospitals and Other Health Care Facilities: Require Nursing Homes to Perform Criminal Record Checks on Applicants for Employment

The Act provides for criminal record checks of all persons who wish to become employed by nursing home facilities. It also provides that the Georgia Crime Information Center (GCIC) is immune from liability for faulty reporting. Additionally, the Act immunizes nursing homes from liability for certain claims an employee or

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EMINENT DOMAIN Exercise of Power of Eminent Domain for Special Purposes: Provide Restrictions on Use of Eminent Domain Power by Petroleum Pipeline Companies

The Act requires petroleum pipeline companies to notify property owners of their rights before initiating eminent domain proceedings. The petroleum pipeline companies also must comply with a two-step application and review process. The Act contains provisions for public notices and hearings. Landowners must be compensated by the petroleum pipeline companies

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CONSERVATION AND NATURAL RESOURCES Water Resources: Extend Maximum Duration of Water Use Permits; Provide for Water Development and Conservation Plans; Preserve the Department of Natural Resources' Right to Appeal Decisions of Administrative Law Judges

The Act extends the maximum duration of permits for withdrawal, diversion, or impoundment of surface waters and ground waters to fifty years. Permits for more than twenty-five years must be based on a water conservation and development plan. The Act also provides for administrative review of decisions under this title.

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