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Hb 768 - Georgia Achieving A Better Life Experience (Able), Amy Patterson, Melissa Sprinkle Nov 2016

Hb 768 - Georgia Achieving A Better Life Experience (Able), Amy Patterson, Melissa Sprinkle

Georgia State University Law Review

The Act creates a tax-exempt savings account program for persons with disabilities in order to help them live independently. It creates an ABLE Program Corporation whose board is authorized to implement and administer the program.


Sb 331 - Parent And Child Relationship Generally, Corbin Aiken, Karen Lowell Nov 2016

Sb 331 - Parent And Child Relationship Generally, Corbin Aiken, Karen Lowell

Georgia State University Law Review

The Act amends provisions of Georgia’s domestic relations statutes to allow a court to deny a biological father’s legitimation petition or to terminate his parental rights when there is clear and convincing evidence that the child was conceived as a result of rape. If the court denies the biological father’s legitimation petition, the child is still capable of inheriting from the father, but the father is not capable of benefiting from the child.


Sb 367 - Comprehensive Reform For Offenders Entering, Proceeding Through, And Leaving The Criminal Justice System, W. Sean Mcphillip, Andrew A. Palmer, Oren Snir Nov 2016

Sb 367 - Comprehensive Reform For Offenders Entering, Proceeding Through, And Leaving The Criminal Justice System, W. Sean Mcphillip, Andrew A. Palmer, Oren Snir

Georgia State University Law Review

The Act provides comprehensive reform for offenders entering, proceeding through, and leaving the criminal justice system. It expands accountability courts and pretrial intervention and diversion programs. The Act provides for students incarcerated in Department of Corrections facilities or incarcerated or committed to Department of Juvenile Justice facilities to receive educational services through a state charter school. It also revises matters and procedures related to school discipline and the regaining of driving privileges for those convicted of certain crimes. In addition, the Act clarifies the responsibilities of, and provides for reorganization within, the Board of Community Supervision and Department of Community ...


Sb 255 - Garnishment Proceedings, Amy Bement, Kianna Hawkins, Elizabeth Wedegis Nov 2016

Sb 255 - Garnishment Proceedings, Amy Bement, Kianna Hawkins, Elizabeth Wedegis

Georgia State University Law Review

The Act reorganizes and modernizes Georgia’s garnishment code by requiring notice of garnishment exemptions to debtors, providing a process for the resolution of exemption claims, limiting the garnishment period for financial accounts to twenty four hours, requiring service of garnishment summons to be performed upon a registered agent of a corporation, and mandating the use of the forms provided in the Act.


Hb 941 - Pretrial Proceedings, Majda Muhic, Kirstin Rodrigues Nov 2016

Hb 941 - Pretrial Proceedings, Majda Muhic, Kirstin Rodrigues

Georgia State University Law Review

The Act changes the grand jury proceedings for police officers charged with committing a crime in the course of performing their official duties. Prior to the Act, Georgia police officers were permitted to be present for the entire duration of grand jury proceedings, hear all of the evidence presented against them, and then testify to the grand jury at the end of the proceedings without being subject to cross examination. Grand jury hearings produced no records, so interested parties had no opportunity to find out what transpired in the proceedings. After the passage of the Act, police officers retain the ...


Hb 362 & Hb 588 - Controlled Substances, William Fawcett, April Meeks Nov 2016

Hb 362 & Hb 588 - Controlled Substances, William Fawcett, April Meeks

Georgia State University Law Review

The Act mandates the installation of real-time electronic tracking systems in all pharmacies that sell products containing ephedrine and pseudoephedrine, which are ingredients used in the manufacture of methamphetamine. When customers attempt to purchase more than the maximum amount of these products, the tracking system blocks the sale by issuing a stop sale alert.


Hb 513 - Civil Practice Act: Anti-Slapp, Pierre-Joseph Noebes, Rachel Reed Nov 2016

Hb 513 - Civil Practice Act: Anti-Slapp, Pierre-Joseph Noebes, Rachel Reed

Georgia State University Law Review

The Act amends Georgia’s anti-SLAPP statute to expand its coverage from protecting the right to petition to also include protecting the right of free speech in connection with an issue of public interest or concern. Claims brought against those involved in such activities shall be subject to a motion to strike, unless the court determines that the non-moving party has established a probability that the claimant can prevail on the merits. If the moving party succeeds on a motion to strike,the court will award the party attorney’s fees and costs associated with the motion. Any order granting ...


Hb 801 - Postsecondary Education: Hope Scholarship, S. Umarah Ali, Sakinah N. Jones Nov 2016

Hb 801 - Postsecondary Education: Hope Scholarship, S. Umarah Ali, Sakinah N. Jones

Georgia State University Law Review

The Act amends provisions of the HOPE scholarship by allowing students who choose to take more rigorous courses to have a weighted grade point average for the evaluation of their HOPE scholarship disbursement.


Hb 927 - Supreme Court, Appellate Court Efficiencies, Bryan Janflone, Michael F. Williford Nov 2016

Hb 927 - Supreme Court, Appellate Court Efficiencies, Bryan Janflone, Michael F. Williford

Georgia State University Law Review

The Act expands the jurisdiction of the Georgia Court of Appeals and increases the number of Supreme Court Justices from seven to nine to alleviate the overly burdened Supreme Court of Georgia. The Supreme Court had exclusive appellate jurisdiction over cases involving title to land, wills, and divorce. The Act allows the Court of Appeals to hear appeals on these matters.


Hb 757 - Public Lawsuits: Protect Religious Freedoms, Phillip Kuck, William Cody Newsome Nov 2016

Hb 757 - Public Lawsuits: Protect Religious Freedoms, Phillip Kuck, William Cody Newsome

Georgia State University Law Review

The Act purported to protect the free exercise of religion for religious officials and institutions. Religious officials would not be required to perform marriage ceremonies in violation of their legal right to free exercise of religion. Moreover, faith based organizations would have been permitted to deny employment to individuals whose religious beliefs, or lack thereof, are not in accord with the organization. The Act would have further provided that no business may be required, by legislation, to operate on Saturday or Sunday and that sovereign immunity is waived under certain circumstances.


Hb 859 - Offenses Against Public Order And Safety, David Hsu, Jessica Weekley Truelove Nov 2016

Hb 859 - Offenses Against Public Order And Safety, David Hsu, Jessica Weekley Truelove

Georgia State University Law Review

The Act would have allowed legal possession of a concealed firearm for individuals with a Georgia Weapons Carry License on property owned or leased by a technical school, college, or university.


Sb 323 - State Printing And Documents, M. Adam Kaye Jr., Kaitlyn Pettet Nov 2016

Sb 323 - State Printing And Documents, M. Adam Kaye Jr., Kaitlyn Pettet

Georgia State University Law Review

The Act exempts economic development project documents, maintained by any state government agency, from public disclosure until the project is secured by binding commitment. The Act also allows any state university’s athletic department ninety days to return open records requests.


Hb 727 - Regulation Of Fireworks, Tim Henshaw, Max Perwich Nov 2016

Hb 727 - Regulation Of Fireworks, Tim Henshaw, Max Perwich

Georgia State University Law Review

HB 727 establishes provisions to allow local governments to restrict the usage of fireworks. It also changes regulations for the following: the sale and use of fireworks, temporary consumer fireworks sales stands, fire department requirements, firefighter qualifications, pyrotechnics exhibits, consumer fireworks distributor licenses, fireworks contraband, limitations on the timing of firework detonations, and illegal sales of fireworks. HB 727 revises provisions regarding the lawful use and ignition of fireworks and prohibits the following: use of fireworks near any public transportation routes, ignition of fireworks under the influence of alcohol or drugs, sale of fireworks to any person under 18 years ...


Crimes And Offenses Crimes Against The Person: Amend Punishment For Any Person Who Commits The Offense Of Simple Battery Or Battery Against A Sports Official Of An Amateur Contest, David Brown Dec 2015

Crimes And Offenses Crimes Against The Person: Amend Punishment For Any Person Who Commits The Offense Of Simple Battery Or Battery Against A Sports Official Of An Amateur Contest, David Brown

David C. Brown

The Act changes two sections of the Georgia Code to impose more severe penalties on individuals convicted of battery against a sports official. The Act makes battery of an amateur sports official a misdemeanor of a high and aggravated nature.


Motor Vehicles And Traffic Equipment And Inspection Of Motor Vehicles: Change Provisions Regarding Certain Trailers And Semitrailers To Permit Use Of Surge Brakes, David Brown Dec 2015

Motor Vehicles And Traffic Equipment And Inspection Of Motor Vehicles: Change Provisions Regarding Certain Trailers And Semitrailers To Permit Use Of Surge Brakes, David Brown

David C. Brown

No abstract provided.


Evidence Evidence, Georgia State University Law Review Sep 2010

Evidence Evidence, Georgia State University Law Review

Georgia State University Law Review

The bill would have adopted the Federal Rules of Evidence, reorganized Georgia evidentiary rules where not displaced by the Federal Rules, and made other necessary corrections to the Code to incorporate the new structure of the evidence Code.


Crimes And Offenses Sexual Offenses, Georgia State University Law Review Sep 2010

Crimes And Offenses Sexual Offenses, Georgia State University Law Review

Georgia State University Law Review

The purpose of this Act is to revise Georgia sex offender laws to promote the isolation of dangerous sexual predators from the public and ensure that they are adequately monitored in a manner that is constitutional. The key focus of the Act is to ensure the law properly directs resources towards protecting society from the sex offenders who pose the greatest threat to others by truly isolating the dangerous sexual predator. The Act narrows some of the previous statutory reporting requirements for sex offenders and aims to lessen some of these requirements by providing for certain exceptions. Additionally, the Act ...


Conservation And Natural Resources Water Resources, Georgia State University Law Review Sep 2010

Conservation And Natural Resources Water Resources, Georgia State University Law Review

Georgia State University Law Review

The Act encourages state departments to examine their water conservation practices; standardizes leak reporting by public water utilities; requires submetering of multifamily, commercial, and industrial construction beginning July 1, 2012; requires high efficiency toilets, urinals, and fixtures in new construction beginning July 1, 2012; provides for the tracking of unused water withdrawal permits for agriculture purposes and establishes a process for those permits to revert back to the state; and restricts outdoor watering to between the hours of 4 p.m. and 10 p.m. so as to avoid evaporative loss and waste during the hottest hours of the day.


Motor Vehicles And Traffic Uniform Rules Of The Road, Georgia State University Law Review Sep 2010

Motor Vehicles And Traffic Uniform Rules Of The Road, Georgia State University Law Review

Georgia State University Law Review

The Act prohibits all drivers from using text-based communications while operating a motor vehicle on any public highway in the state. The Act provides for acceptable text-based communications for public safety workers and similarly situated individuals, as well as for all drivers in certain circumstances. A violator of the Act’s provisions is subject to a fine of $150 and an assessment of one point on the violator’s driver’s license. The Act prohibits any driver under the age of eighteen who has an instruction permit or Class D license from using a cellular phone while operating a motor ...


Crimes And Offenses Offenses Against Public Health And Morals, Georgia State University Law Review Sep 2010

Crimes And Offenses Offenses Against Public Health And Morals, Georgia State University Law Review

Georgia State University Law Review

The bill would have prohibited an abortion provider from performing an abortion: with the intent to prevent a child from being born based on the color, race, or gender of the unborn child; when the abortion provider knows that the mother is seeking the abortion based on the color, race, or gender of the unborn child; or when the abortion provider knows that the mother was unlawfully coerced into having the abortion. A violator of the bill’s provisions would have been subject to criminal and civil penalties.


2010 Table Of Georgia Code Sections Affected, Georgia State University Law Review Sep 2010

2010 Table Of Georgia Code Sections Affected, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.


2010 House And Senate Bill Index, Georgia State University Law Review Sep 2010

2010 House And Senate Bill Index, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.


Labor And Industrial Relations Georgia Workforce Investment Board, Georgia State University Law Review Sep 2010

Labor And Industrial Relations Georgia Workforce Investment Board, Georgia State University Law Review

Georgia State University Law Review

The Act creates the Georgia Workforce Investment Board. The Act provides for the members who will compose the Board, the allocation of funding for the Board, and the powers and duties of the Board. The Act also provides that the Board is established to implement the state workforce development policy, as directed by the Governor.


Insurance Individual Health Insurance Coverage, Georgia State University Law Review Sep 2010

Insurance Individual Health Insurance Coverage, Georgia State University Law Review

Georgia State University Law Review

The bill would have allowed insurers authorized to transact business in Georgia to offer Georgians individual accident and sickness policies that are approved for issuance in other states. The bill would have required that the out-of-state policies contain disclosures notifying consumers that the policies may be governed by the laws of other states and that the benefits may be different from other policies the consumer could have purchased. The sale of the out-of-state policies would have first been approved by the Georgia Commissioner of Insurance, and the Commissioner would also have had to adopt rules and regulations to implement the ...


Labor And Industrial Relations Employment Security, Georgia State University Law Review Sep 2010

Labor And Industrial Relations Employment Security, Georgia State University Law Review

Georgia State University Law Review

The primary goal of this bill was to provide tax relief and create jobs while also encouraging investors to support local business development. The bill sought to accomplish this goal by giving employers a credit against contributions if they hired persons who were receiving unemployment benefits and by providing income tax credits to investors.


Criminal Procedure Crime Victims' Bill Of Rights, Georgia State University Law Review Sep 2010

Criminal Procedure Crime Victims' Bill Of Rights, Georgia State University Law Review

Georgia State University Law Review

The Act provides for crime victims’ rights in Georgia and creates substantive mechanisms for directing agencies to carry out these victim’s rights. These include the right to be present and heard in the sentencing phase of a criminal proceeding against the accused, including proceedings in juvenile court. The Act also provides that victims must be notified regarding the disposition of criminal proceedings or the status of the accused, such as release or escape, and requires the prosecuting attorney or the corrections department to provide such notice. Judges are also required to make a finding in every case as to ...


Food, Drugs, And Cosmetics Standards, Labeling, And Adulteration Of Food, Georgia State University Law Review Sep 2010

Food, Drugs, And Cosmetics Standards, Labeling, And Adulteration Of Food, Georgia State University Law Review

Georgia State University Law Review

The Act requires food processors to maintain food safety plans and conduct tests on their food products before sending them into commerce and allows the Commissioner of Agriculture to define what standards the food safety plans need to comply with. The Act provides for civil and criminal penalties for violating the Act. Specifically, if the company does not file a food processing plan, the company will be exposed to a $5,000 fine. If the company intentionally fails to report a written food safety plan to the Department of Agriculture, the company will be exposed to a $7,500 fine ...


Crimes And Offenses Offenses Against Public Safety And Order, Georgia State University Law Review Sep 2010

Crimes And Offenses Offenses Against Public Safety And Order, Georgia State University Law Review

Georgia State University Law Review

The Act clarifies current law relating to where weapons may be carried or possessed. It defines the offense of carrying a weapon without a valid license. The Act changes provisions relating to the carrying of weapons onto private property, public property, and campus grounds. It also provides for uniform security features of weapons carry licenses issued on or after January 1, 2012.


Privacy Programs And Protection For Children And Youth: Amend Article 2 Of Chapter 5 Of Title 49, Relating To Child Abuse And Deprivation Records, So As To Define A Certain Term, Provide For Access By Certain Governmental Entities And Certain Persons To Records Concerning Reports Of Child Abuse; Provide That Certain Records Relating To Child Fatality Or Near Fatality Shall Not Be Confidential; Repeal Conflicting Laws; And For Other Purposes., Carla Chen, Russell Wrenn Oct 2009

Privacy Programs And Protection For Children And Youth: Amend Article 2 Of Chapter 5 Of Title 49, Relating To Child Abuse And Deprivation Records, So As To Define A Certain Term, Provide For Access By Certain Governmental Entities And Certain Persons To Records Concerning Reports Of Child Abuse; Provide That Certain Records Relating To Child Fatality Or Near Fatality Shall Not Be Confidential; Repeal Conflicting Laws; And For Other Purposes., Carla Chen, Russell Wrenn

Georgia State University Law Review

The Act expands the definition of “child abuse” by providing for a definition of “near fatality.” It also changes who may access records of child abuse and deprivation to include any governmental agency and certain other persons as defined by the Act. Additionally, it makes cases of near fatality accessible to these agencies and individuals. In doing so, the Act prohibits personally identifiable information from disclosure in these cases.


Local Government General Provisions: Amend Chapter 80 Of Title 36 Of The Official Code Of Georgia Annotated, Related To General Provisions Applicable To Counties, Municipal Corporations, And Other Governmental Entities, So As To Prohibit Immigration Sanctuary Policies By Local Governmental Entities; Provide For Penalties; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws; And For Other Purposes., Denise Hoying, Parker Stephens Oct 2009

Local Government General Provisions: Amend Chapter 80 Of Title 36 Of The Official Code Of Georgia Annotated, Related To General Provisions Applicable To Counties, Municipal Corporations, And Other Governmental Entities, So As To Prohibit Immigration Sanctuary Policies By Local Governmental Entities; Provide For Penalties; Provide For Related Matters; Provide An Effective Date; Repeal Conflicting Laws; And For Other Purposes., Denise Hoying, Parker Stephens

Georgia State University Law Review

The Act prohibits local governments from becoming sanctuary cities. The Act specifically forbids local Georgia governments from adopting any legislation or policy that would prohibit their local officials or employees from cooperating with federal law enforcement in reporting any information that is not legally confidential but otherwise might be relevant to the legal or illegal status of immigrants. Any local government violator is subject to withdrawal of funding controlled or distributed by the state, and any state-controlled governing body distributing funds may require proof of compliance.