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Volume 13, Issue 1 (Fall 1996)

COURTS General Provisions: Establish Factors for Courts to Consider When Determining Whether to Allow Filming or Videotaping in the Courtroom; Allow for Citations When Court Orders Related to Media Cameras in the Courtroom are Violated

The Act establishes factors for courts to consider in deciding whether to allow filming or videotaping of judicial proceedings. The Act provides courts with the discretion to allow cameras to film all or a portion of a judicial proceeding. The Act does not apply to the use of electronic or

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COURTS Juvenile Proceedings, Parental Rights: Enforce Parental Attendance at Court Proceedings

The Act reinforces the contempt powers of juvenile court judges when dealing with parents, guardians, or custodians who fail to appear at court proceedings. The Act authorizes juvenile court judges to impose specific sanctions on a parent, guardian, or custodian who willfully fails to appear before the court for the

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CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Business Corporations: Require Demand in All Shareholder Derivative Actions; Raise the Standard of Care Required for Indemnification of Corporate Directors; Provide that a Director Must be Wholly Successful...

The Act requires demand on the corporation for a shareholder derivative action. The standard of care required for indemnification of a director is changed from a subjective standard to an objective reasonableness standard. In order to be entitled to mandatory indemnification, a director must be wholly successful in his or

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CONSERVATION AND NATURAL RESOURCES Water Resources: Mandate Adoption of Construction Milestone Schedule to Meet Phosphorous Reduction Standards; Provide Schedules of Fines and Penalties Imposed for Failure to Meet Construction Schedule; Impose Fines a...

The Act mandates that the holders of certain waste water discharge permits who fail to meet existing phosphorous reduction standards shall adopt a schedule of construction milestones to reach amended standards established by the Act. The Act further imposes mandatory monetary penalties for failure to meet those milestones. The Act

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CONSERVATION AND NATURAL RESOURCES Waste Management: Change Certain Hazardous Substance Reporting Fees; Limit Liability of Subsequent Purchasers of Certain Property; Exempt Certain Persons from Third-Party Liability; Provide Corrective Action Plan for...

The Act alters the reporting fees and liability of owners of property that falls under Georgia's Hazardous Waste Management laws. The Act exempts certain person from liability for clean-up costs and punitive damages by changing the definition of "a person who has contributed or who is contributing

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COMMERCIAL CODE Commercial Paper, Bank Deposits and Collections: Adopt Uniform Commercial Code Provisions Regarding Negotiable Instruments and Bank Deposits and Collections

The Act amends the entirety of those provisions of the Code regarding commercial paper, namely negotiable instruments and bank deposits and collections. The Act largely adopts Uniform Commercial Code Articles 3 and 4. The purpose of the Act is to keep regulations current with technology and business practices and to

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COMMERCE AND TRADE Selling and Other Trade Practices: Provide for Civil Remedies and Criminal Penalties in Cases of Intentional Theft While Engaged in Telemarketing, Internet, or Other Computerized Activities; Provide for Investigation and Enforcement...

The Act addresses theft committed while engaged in telemarketing or activity on any computerized system that utilizes a computer or a modem. It provides for criminal penalties, as well as civil or equitable remedies by individuals. The Act authorizes double civil and criminal penalties for such unlawful activities targeted at

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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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