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Crimes And Offenses Sexual Offenses: Provide That Under Certain Conditions Chemical Treatment And Treatment By A Qualified Mental Health Professional May Be Required As A Condition Of Probation By A Court Sentencing A First Time Offender Of Child Molestation; Provide For Treatment Prior To Release From Custody; Provide That No Treatment Be Administered Until Person Has Been Fully Informed Of Side Effects Of Hormonal Chemical Treatment And Has Consented In Writing; Provide For Administration Of Treatment By State Board Of Pardons And Paroles; Provide That Physician Of Qualified Mental Health Professional Who Acts In Good Faith Compliance In Administration Of Treatment Or Counseling Be Immune From Civil Or Criminal Liability; Provide That Person Undergoing Treatment Participate In And Pay For Counseling, Lisa M. Gable Sep 1997

Crimes And Offenses Sexual Offenses: Provide That Under Certain Conditions Chemical Treatment And Treatment By A Qualified Mental Health Professional May Be Required As A Condition Of Probation By A Court Sentencing A First Time Offender Of Child Molestation; Provide For Treatment Prior To Release From Custody; Provide That No Treatment Be Administered Until Person Has Been Fully Informed Of Side Effects Of Hormonal Chemical Treatment And Has Consented In Writing; Provide For Administration Of Treatment By State Board Of Pardons And Paroles; Provide That Physician Of Qualified Mental Health Professional Who Acts In Good Faith Compliance In Administration Of Treatment Or Counseling Be Immune From Civil Or Criminal Liability; Provide That Person Undergoing Treatment Participate In And Pay For Counseling, Lisa M. Gable

Georgia State University Law Review

The Act allows a court to require that a first time offender of aggravated child molestation, before sentencing, undergo a psychiatric evaluation to determine whether medroxyprogesterone acetate treatment would be effecting in changing the person's behavior. The Act provides that chemical treatment and treatment by a qualified medical health professional may be required as a condition of probation, and allows such treatment to begin before the person is released from custody. The Act specifies that such treatment shall not be administered until the person has been fully informed of the side effects of the chemical treatment and consents to the …


Criminal Procedure Victims Compensation: Provide For Eligibility For Compensation Of Victims Of Certain Crimes Committed Outside The State; Change Definitions And Time Period For Filing A Claim, Natalie Zellner Sep 1997

Criminal Procedure Victims Compensation: Provide For Eligibility For Compensation Of Victims Of Certain Crimes Committed Outside The State; Change Definitions And Time Period For Filing A Claim, Natalie Zellner

Georgia State University Law Review

The Act allows Georgians who are injured outside the state, as well as outside of the country, to receive victim compensation. The Act specifically includes crimes such as terrorism and mass violence that result in harm to the victim. The Act allows victims to receive compensation even though they have outstanding fines and other monetary penalties or restitution. Finally, the Act amends the time period within which a victim must file for compensation from 180 days to not later than one year after the occurrence of the crime.


Handicapped Persons Community Trusts: Clarify Definition Of Successor Trusts; Clarify Distributions To Successor Trusts; Provide For Distributions To Successor Trusts After Death Of Life Beneficiary When Donor Had Designated Self Or Spouse As Life Beneficiary; Provide For Distributions Upon Withdrawal Or Revocation Of The Donation; Allow For More Frequent Use Of Trust Funds To Provide Noncash Benefits; Provide For Use Of Funds In Successor Trusts For The Benefit Of Indigent Persons Suffering From Impairments; Provide For Distribution Of Assets From Trusts Or Successor Trusts To The Nonprofit Organization Administering The Trust In Specified Circumstances; Provide That One Or More Accounts May Be Set Up For A Life Beneficiary; Clarify Power Of Co-Trustee With Regard To The Withdrawal; Clarify Applicability Of Qualified Immunity For Trustees, Stephen M. Dickson Sep 1997

Handicapped Persons Community Trusts: Clarify Definition Of Successor Trusts; Clarify Distributions To Successor Trusts; Provide For Distributions To Successor Trusts After Death Of Life Beneficiary When Donor Had Designated Self Or Spouse As Life Beneficiary; Provide For Distributions Upon Withdrawal Or Revocation Of The Donation; Allow For More Frequent Use Of Trust Funds To Provide Noncash Benefits; Provide For Use Of Funds In Successor Trusts For The Benefit Of Indigent Persons Suffering From Impairments; Provide For Distribution Of Assets From Trusts Or Successor Trusts To The Nonprofit Organization Administering The Trust In Specified Circumstances; Provide That One Or More Accounts May Be Set Up For A Life Beneficiary; Clarify Power Of Co-Trustee With Regard To The Withdrawal; Clarify Applicability Of Qualified Immunity For Trustees, Stephen M. Dickson

Georgia State University Law Review

The Act makes changes to improve implementation of the 1996 Georgia law allowing donors to make contributions to a community trust for the benefit of any person with a mental or physical disability in order to supplement that person's government assistance.


Corporations, Partnerships, And Associations Partnership: Provide Definitions; Provide Procedures For Limited Liability Partnership Elections; Provide Amendment To Certificate To Comply With Name Requirements Liability To Third Parties, Amy E. Bergeron Sep 1997

Corporations, Partnerships, And Associations Partnership: Provide Definitions; Provide Procedures For Limited Liability Partnership Elections; Provide Amendment To Certificate To Comply With Name Requirements Liability To Third Parties, Amy E. Bergeron

Georgia State University Law Review

The Act relates to corporations and provides procedures and requirements for a new or existing partnership to become or continue to be a limited liability partnership. The Act further provides for a determination of when a limited partnership becomes a limited liability partnership. The Act provides for changes that occur in a partnership, including real property transfers and agreements for obligations. The Act also provides for one member partnerships. The Act simplifies some election parameters, clarifies tax treatment, and paperwork.


Law Enforcement And Other Agencies Employment And Training And Peace Officers; Restrict Public Access To Bomb Technicians' Training Materials, Brian J. Anderson Sep 1997

Law Enforcement And Other Agencies Employment And Training And Peace Officers; Restrict Public Access To Bomb Technicians' Training Materials, Brian J. Anderson

Georgia State University Law Review

The Act removes bomb technician training materials from the domain of the Georgia Open Records Act and requires a judge's order to access the restricted information. The Act also expands the resource sharing authorization for bomb technicians to include emergency medical technicians with specialty training in blast trauma; the Act changes the titles of bomb technicians to conform with national standards.


Evidence Hearsay: Allow The Admission Of Medical Reports As Nonhearsay, Heather Browning Sep 1997

Evidence Hearsay: Allow The Admission Of Medical Reports As Nonhearsay, Heather Browning

Georgia State University Law Review

The Act allows reports by medical or mental health practitioners to be admitted into evidence at trial as nonhearsay, provided the party intending to introduce the report gives the opposing party sixty days notice. The report will not go out with the jury as documentary evidence.


Domestic Relations Family Violence: Provide Jurisdiction And Venue Over Nonresidents In Certain Circumstances; Provide That It Is Unlawful To Knowingly Disclose Location Of Family Violence Shelter; Provide That The State Commission On Family Violence Be Assigned To The Administrative Office Of The Courts For Administrative Purposes Only, Margaret Ann Shannon Sep 1997

Domestic Relations Family Violence: Provide Jurisdiction And Venue Over Nonresidents In Certain Circumstances; Provide That It Is Unlawful To Knowingly Disclose Location Of Family Violence Shelter; Provide That The State Commission On Family Violence Be Assigned To The Administrative Office Of The Courts For Administrative Purposes Only, Margaret Ann Shannon

Georgia State University Law Review

The Act gives the superior court jurisdiction over family violence proceedings when the victim resides in the jurisdiction or when the act occurs in the jurisdiction, regardless of where the offender resides, as long as personal jurisdiction is otherwise satisfied. This Act assigns the State Commission on Family Violence to the Administrative Office of the Courts for administrative purposes only. In addition, the Act makes it a misdemeanor to knowingly reveal the location of a family violence center.


Law Enforcement And Other Agencies Georgia Bureau Of Investigation: Expunge Criminal Records When Arrested But Not Charged Or Charges Dismissed; Allow Prosecutor Discretion In Expungement; Provide For Judicial Review Of Prosecutor Or Agency Decision Against Expunging Record; Provide For Fees For Expungement, Raymond L. Peeler Sep 1997

Law Enforcement And Other Agencies Georgia Bureau Of Investigation: Expunge Criminal Records When Arrested But Not Charged Or Charges Dismissed; Allow Prosecutor Discretion In Expungement; Provide For Judicial Review Of Prosecutor Or Agency Decision Against Expunging Record; Provide For Fees For Expungement, Raymond L. Peeler

Georgia State University Law Review

The Act allows individuals arrested but not charged, or who have had charges brought against them but dismissed by the prosecuting attorney, to have their criminal records relating to the incident expunged. The Act requires the individual to submit a written request to have his or her record expunged from the arresting agency's files. The Act allows the individual to appeal a refusal to expunge the record. The Act also allows the prosecuting attorney to appeal a decision by the agency to expunge the record. The Act provides criteria which must be met for the record to be expunged. The …


Formalism And Functionalism In Federalism Analysis, Erwin Chemerinsky Jul 1997

Formalism And Functionalism In Federalism Analysis, Erwin Chemerinsky

Georgia State University Law Review

No abstract provided.


Federalism: The Argument From Article V, Lynn A. Baker Jul 1997

Federalism: The Argument From Article V, Lynn A. Baker

Georgia State University Law Review

No abstract provided.


Real Revolution, Robert F. Nagel Jul 1997

Real Revolution, Robert F. Nagel

Georgia State University Law Review

No abstract provided.


A Survey Of Georgia Contempt Law, Conrad D. Brooks Jul 1997

A Survey Of Georgia Contempt Law, Conrad D. Brooks

Georgia State University Law Review

No abstract provided.


The Fundamentality And Irrelevance Of Federalism, Edward L. Rubin Jul 1997

The Fundamentality And Irrelevance Of Federalism, Edward L. Rubin

Georgia State University Law Review

No abstract provided.


Markman V. Westview Instruments, Inc.: The Jury's Diminishing Role In Patent Law Cases, Kevin W. King Jul 1997

Markman V. Westview Instruments, Inc.: The Jury's Diminishing Role In Patent Law Cases, Kevin W. King

Georgia State University Law Review

No abstract provided.


The Propriety And Constitutionality Of Chain Gangs, Emily S. Sanford Jul 1997

The Propriety And Constitutionality Of Chain Gangs, Emily S. Sanford

Georgia State University Law Review

No abstract provided.


Keeping Your Eye On The Ball: The Significance Of The Revival Of Constitutional Federalism, Mark Tushnet Jul 1997

Keeping Your Eye On The Ball: The Significance Of The Revival Of Constitutional Federalism, Mark Tushnet

Georgia State University Law Review

No abstract provided.


A Tribute To Judge Phyllis A. Kravitch, Jennifer Arlen Mar 1997

A Tribute To Judge Phyllis A. Kravitch, Jennifer Arlen

Georgia State University Law Review

This is a tribute to Judge Phyllis A. Kravitch, who honorably served two decades on the bench during a period of great transition in the South.


Treasury Regulations And Judicial Deference In The Post-Chevron Era, David A. Brennen Mar 1997

Treasury Regulations And Judicial Deference In The Post-Chevron Era, David A. Brennen

Georgia State University Law Review

No abstract provided.


Dedication To The Honorable Phyllis A. Kravitch, Scott E. Sundby Mar 1997

Dedication To The Honorable Phyllis A. Kravitch, Scott E. Sundby

Georgia State University Law Review

This is a tribute to Judge Phyllis A. Kravitch, who honorably served two decades on the bench during a period of great transition in the South.


A Tribute To Judge Phyllis A. Kravitch, Joseph W. Hatchett Feb 1997

A Tribute To Judge Phyllis A. Kravitch, Joseph W. Hatchett

Georgia State University Law Review

This is a tribute to Judge Phyllis A. Kravitch, who honorably served two decades on the bench during a period of great transition in the South.


Georgia's New Probate Code, Mary F. Radford, F. Skip Sugarman Feb 1997

Georgia's New Probate Code, Mary F. Radford, F. Skip Sugarman

Georgia State University Law Review

No abstract provided.


Tilting At Windmills: Defamation And The Private Person In Cyberspace, Kean J. Decarlo Feb 1997

Tilting At Windmills: Defamation And The Private Person In Cyberspace, Kean J. Decarlo

Georgia State University Law Review

No abstract provided.


Judge Phyllis A. Kravitch And Criminal Justice: Noteworthy Opinions, Mina Kaufman Feb 1997

Judge Phyllis A. Kravitch And Criminal Justice: Noteworthy Opinions, Mina Kaufman

Georgia State University Law Review

Judge Phyllis A. Kravitch authored many significant opinions concerning criminal justice during her distinguished career on the Former Fifth and Eleventh Circuit Courts of Appeals. This article summarizes the most noteworthy opinions.


The Civil Opinions Of Judge Phyllis A. Kravitch: A Tribute, Stephen J. Wermiel Feb 1997

The Civil Opinions Of Judge Phyllis A. Kravitch: A Tribute, Stephen J. Wermiel

Georgia State University Law Review

This is a tribute to Judge Phyllis A. Kravitch, who honorably served two decades on the bench during a period of great transition in the South.


A Tribute To The Honorable Phyllis A. Kravitch, Joseph Hoffmann Feb 1997

A Tribute To The Honorable Phyllis A. Kravitch, Joseph Hoffmann

Georgia State University Law Review

This is a tribute to Judge Phyllis A. Kravitch, who honorably served two decades on the bench during a period of great transition in the South.


What Constitutes Minimum Contacts In Cyberspace After Compuserve, Inc. V. Patterson: Are New Rules Necessary For A New Regime?, Joanna B. Bossin Feb 1997

What Constitutes Minimum Contacts In Cyberspace After Compuserve, Inc. V. Patterson: Are New Rules Necessary For A New Regime?, Joanna B. Bossin

Georgia State University Law Review

No abstract provided.


A Tribute To Judge Phyllis A. Kravitch, Thomas A. Clark Feb 1997

A Tribute To Judge Phyllis A. Kravitch, Thomas A. Clark

Georgia State University Law Review

This is a tribute to Judge Phyllis A. Kravitch, who honorably served two decades on the bench during a period of great transition in the South.


Lonchar V. Thomas: Protecting The Great Writ, Angela Carson Feb 1997

Lonchar V. Thomas: Protecting The Great Writ, Angela Carson

Georgia State University Law Review

No abstract provided.


Allen V. Lefkoff, Duncan, Grimes & Dermer, P.C.: Use Of The Code Of Professional Responsibility In Georgia Legal Malpractice Cases, Lynn E. Stapleton Feb 1997

Allen V. Lefkoff, Duncan, Grimes & Dermer, P.C.: Use Of The Code Of Professional Responsibility In Georgia Legal Malpractice Cases, Lynn E. Stapleton

Georgia State University Law Review

No abstract provided.


Georgia Lawyers Revise Their Probate Code, Richard V. Wellman Feb 1997

Georgia Lawyers Revise Their Probate Code, Richard V. Wellman

Georgia State University Law Review

No abstract provided.