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Volume 13, Issue 1 (Fall 1996)

MOTOR VEHICLES AND TRAFFIC Uniform Rules of the Road: Provide for Criminal Offenses of Homicide and Serious Injury When a Person Interferes with Traffic-Control Devices and Death or Bodily Harm Results

The Act creates the offenses of homicide and serious injury when death or bodily harm results from a person's interference with an official traffic-control device, railroad sign or signal. The Act provides for criminal penalties for both offenses. Download PDF

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

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

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

INSURANCE Department of Commissioner of Insurance: Require Insurance Commissioner to File Periodic Reports; Regulation of Rates, Underwriting Rules, and Related Organizations: Allow Upward Adjustments of Workers' Compensation Insurance Ratings; Healt...

The Act adjusts the workers' compensation criteria defining risk, allowing lower rates for insurance companies with a history of fewer claims. Further, the Act allows people to retain their chosen health care professionals through their health maintenance organization when they are willing to pay higher rates. The Act also

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.

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

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

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

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

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

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

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

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