Skip to content

Volume 12, Issue 1 (Fall 1995)

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

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

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

COMMERCE AND TRADE Selling and Other Trade Practices: Allow Price Controls During a State of Emergency; Provide for Exceptions; Permit County and Municipal Authorities to Require Registration of Certain Businesses During a State of Emergency

The Act prohibits the raising of prices on any goods or services necessary to preserve, protect, or sustain the life, health, or safety of persons or their property during a declared state of emergency. The Act allows certain exceptions for the increased cost of such goods or services to the

LABOR AND INDUSTRIAL RELATIONS Workers' Compensation: Grant Immunity to Businesses Using Services of a Temporary Help Contracting Firm or Employee Leasing Company

The Act grants businesses the tort immunity provided to employers under the Workers’ Compensation Act when the business uses the services of a temporary help contracting firm or an employee leasing company. The Act provides that temporary help contracting firms and employee leasing companies are statutory employers for

PUBLIC UTILITIES AND PUBLIC TRANSPORTATION Telephone and Telegraph Service: Create Telecommunications and Competition Development Act of 1995

The Act establishes a regulatory framework under which competition will be phased into Georgia’s local telephone services market. In addition, the Act provides for a modification in Georgia’s area code designations and provides penalties for obtaining and disseminating a caller’s unlisted

CRIMINAL PROCEDURE Bonds and Recognizances: Expand Superior Court Jurisdiction of Bail Hearings; Create Rebuttable Presumption of Flight for Persons Accused of Certain Violent Crimes

The Act amends bail hearing procedures, providing that certain offenses are bailable only before a superior court judge. In addition, the Act limits when bail can be granted in cases involving certain offenses. Lastly, the Act creates a rebuttable presumption of flight for those defendants facing a second conviction for

MOTOR VEHICLES AND TRAFFIC Drivers Licenses: Mandate Implied Consent Warnings and Applicable Intoxication Levels for Georgia Drivers; Provide for Certification of Testing Equipment and Personnel; Provide for Taking and Admission of Sequential Breath Sa...

The Act requires law enforcement officers to give a specific warning to drivers stopped for driving under the influence. The Act codifies different warnings for different classes of drivers on Georgia roads. Further the Act establishes certification standards for breath-testing instruments and for the personnel administering the test. Finally, the

CRIMES AND OFFENSES Offenses Against Public Order and Safety: Prohibit Discharge of a Firearm While Intoxicated; Provide for Instant Background Checks When Purchasing a Handgun; Preempt Local Regulation of Firearms

The Act makes unlawful the discharge of a firearm while under the influence of alcohol or other drugs. The Act also provides for a statewide system of instant background checks of potential handgun purchaser and preempts, with some exceptions, local regulation of firearms. Download PDF

GUARDIAN AND WARD Guardian of Minors: Provide Authority to Settle Claims of Minors; Provide Jurisdiction to Probate Court Judges in Appointing Guardians and Temporary Guardians; Change Requirements and Procedures Relating to Appointment of Temporary Gu...

The Act creates the Georgia Statutory Form for Financial Power of Attorney, but provides that it shall not be the exclusive method for creating such an agency. The Act also allows that, in settling the claims of minors that do not exceed $10,000, a natural guardian need not apply

MOTOR VEHICLES AND TRAFFIC Uniform Rules of the Road: Establish Proximate Causation Standards for Pursuing Law Enforcement Officers When Fleeing Suspects Injure Third Parties

The Act specifies the conditions under which a pursuing law enforcement official can be held liable for causing or contributing to damages, injury, or death caused by a fleeing suspect. The Act establishes that the officer’s conduct will not be the proximate cause of such injuries, death,

REVENUE AND TAXATION Tax Sales: Create Judicial Tax Foreclosure Procedures to Aid Low Income Housing Development

The Act creates judicial in rem tax foreclosure proceedings to avoid the inefficiency and lengthiness of nonjudicial foreclosure proceedings, which commonly result in nonmarketable and uninsurable titles to real property. The Act provides procedures and standards for the filing of a petition for foreclosure, a petition hearing, notice provisions, foreclosure