Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 10 of 10
Full-Text Articles in Law
Motor Vehicles And Traffic Uniform Rules Of The Road: Change Certain Provisions Relating To Homicide Or Serious Injury By Vehicle; Change Certain Provisions Relating To Driving Under The Influence Of Intoxicating Substances; Change Certain Provisions Relating To Court- Ordered Installation Of Ignition Interlock Devices; Change Certain Provisions Relating To Limited Driving Permits For Certain Offenders; Change Certain Provisions Relating To Driving While A License Is Suspended Or Revoked; Change Certain Provisions Relating To Bailable Offenses, Roger T. Weitkamp
Georgia State University Law Review
The Act, known as Heidi's Law, changes several sections of the Georgia Code to impose more severe penalties and restrictions on persons convicted of driving under the influence of intoxicating substances (DUI). The Act increases the minimum and maximum sentences for convictions of homicide or serious injury by vehicle arising from certain types of Code violations. The Act also provides for a period of probation for persons convicted of DUI and sentenced to prison for less than twelve months. Further, the Act prohibits anyone convicted of a second DUI from driving a motor vehicle without an automobile ignition interlocking device …
Crimes And Offenses Street Gang Terrorism And Prevention: Enact The Georgia Street Gangs Act Of 1998; Change Provisions Relating To Designated Felonies In Juvenile Court; Provide Procedures To Appoint Additional Assistant District Attorneys; Make Acts Designed To Prevent Information About Criminal Activities From Being Reported To Law Enforcement Unlawful; Make Certain Conduct Intended To Obstruct Justice Unlawful; Provide Enhanced Penalties For Terroristic Acts And Threats Done In Retaliation For Persons Having Cooperated With Law Enforcement;, Adam P. Princenthal
Georgia State University Law Review
The Act is intended to provide law enforcement and prosecutors with new tools to combat criminal gang activity. The Act approaches the problem of gang activity from multiple fronts. The anchor of the Act is section 8, which revises the Georgia Street Gang Terrorism and Prevention Act. The new Act focuses on gang activity, rather than gang membership. This new approach is intended to produce a more effective statute, while raising fewer constitutional concerns. Other sections of the Act deal with juveniles who violate the Street Gangs Act, bail for gang-related offenses, witness intimidation laws, and victims' rights laws.
Criminal Procedure Bonds And Recognizances: Expand Superior Court Jurisdiction Of Bail Hearings; Create Rebuttable Presumption Of Flight For Persons Accused Of Certain Violent Crimes, Claire M. Kimball
Georgia State University Law Review
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 the commission of a serious violent felony.
Crimes And Offenses Crimes Against The Person: Designate Hijacking A Motor Vehicle As A Felony, Deborah L. O'Neal
Crimes And Offenses Crimes Against The Person: Designate Hijacking A Motor Vehicle As A Felony, Deborah L. O'Neal
Georgia State University Law Review
The Anti-motor Vehicle Hijacking Act of 1994 expressly addresses the crime of hijacking a motor vehicle. The Act amends several sections of the Georgia Code in order to provide Georgia's judicial system with the appropriate weapons to combat the most recent outbreak of motor vehicle hijackings, more commonly known as carjackings. The Act specifically provides that carjackings committed by juveniles are felonies. In addition to defining the act of hijacking a motor vehicle, the Act also provides definitions for the terms firearm, motor vehicle, and weapon. Furthermore, the Act makes the hijacking of a motor vehicle a separate and distinct …
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 Conditions For Release For Offenses Involving An Act Of Family Violence; Provide For Bail Only Before A Judge In Certain Offenses Involving Family Violence And Serious Injury; Provide A Definition, Elizabeth T. Baer, Daniel E. Turner
Georgia State University Law Review
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, to be brought before a judicial officer, who is authorized to impose specific conditions of bail designed to deter further violence. The Act further requires increased bail and special conditions be included in the posted schedule of bails for family violence offenses. Finally, the Act provides a definition of serious …
Crimes And Offenses Crimes Against The Person: Prohibit Stalking Of An Intended Victim, Peggy Ochandarena
Crimes And Offenses Crimes Against The Person: Prohibit Stalking Of An Intended Victim, Peggy Ochandarena
Georgia State University Law Review
The Act provides for the crimes of stalking and aggravated assault by defining important terms and providing penalties. Victims are entitled to notice of the offender's release if the victim provides specified information to officials to facilitate that notice. Constitutionally protected behavior and legitimate business activities are excluded. Persons charged with stalking or aggravated assault are entitled to pretrial release, but a released offender may have several conditions, outlined in the Act, attached to the release order. The Act amends the definition of family violence to include stalking and aggravated assault.
Criminal Procedure Bonds And Recognizances: Provide For Increased Bail And For Filing Of Separate Police Reports For Incidents Of Family Violence, Karl M. Braun
Georgia State University Law Review
HB 448 provides for increased bail when an offense involves an act of family violence. If the offense involves serious injury and the arresting officer believes further violence is possible, it is bailable only before a judicial officer. HB 449 provides that a separate report shall be filed whenever a law enforcement officer responds to an incident involving family violence, and outlines the required contents of that report. The Act also provides that the officer shall not base the decision to arrest on the consent or request of the victim and provides guidelines for determining who was the primary physical …
Motor Vehicles And Traffic Driver's Licenses, Uniform Rules Of The Road: Change Definitions, Penalties, And Procedures Relating To Driving Under The Influence Of Alcohol And Drugs, Linwood Gunn
Georgia State University Law Review
The package of bills makes it unlawful for any person to possess an open container of an alcoholic beverage while operating a motor vehicle. The level of alcohol concentration that constitutes driving under the influence is reduced to 0.10 grams, with a level of 0.06 grams for minors under the age of eighteen. The package provides for the publication of the name, address, and photograph of any person convicted a third time of driving under the influence of alcohol or drugs. The package provides for a six hour detention period for persons arrested for driving under the influence of alcohol …
Criminal Procedure Bonds And Recognizances: Amend Provisions For Notice To Superior Court; Provide For Temporary Release Of Certain Detainees, R. Goff
Georgia State University Law Review
SB 255 amends existing provisions requiring notice to the superior court when a person is being held in a detention facility and is charged with an offense bailable only before a superior court judge. HB 466 creates a new section permitting the release of a person who has been found guilty of certain crimes, pending his reporting to a correction facility to serve his sentence. This release may be conditioned upon either the convicted person's own recognizance or the posting of bond to ensure his return at the time for the sentence to commence.
Criminal Procedure Bonds And Recognizances: Amend Provisions Regarding Certain Offenses, C. Peterson
Criminal Procedure Bonds And Recognizances: Amend Provisions Regarding Certain Offenses, C. Peterson
Georgia State University Law Review
The Act amends the Code section relating to offenses bailable only before a superior court judge. The Act also adds a new subsection which requires a presiding judicial officer to notify the superior court when an individual has been arrested for certain offenses and is being held without bail. Furthermore, the Act permits a person charged with certain offenses to petition the superior court for release on bail.