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Articles 1 - 30 of 52
Full-Text Articles in Law
Crimes And Offenses Crimes Against The Person: Provide Two Additional Means By Which Aggravated Stalking Statute May Be Violated, Rebecca R. Crowley
Crimes And Offenses Crimes Against The Person: Provide Two Additional Means By Which Aggravated Stalking Statute May Be Violated, Rebecca R. Crowley
Georgia State University Law Review
The Act adds two new circumstances which constitute aggravated stalking. The definition of aggravated talking now includes stalking while in violation of a peach bond or a temporary protective order.
Property Regulation Of Specialized Land Transactions: Revise Georgia Land Sales Act; Remove Georgia Real Estate Commission As Administrator, John K. Rezac
Georgia State University Law Review
The Act removes the Georgia Real Estate Commission (Commission) as administrator of the Georgia Land Sales Act (GLSA) and repeals the provision relating to fees and expenses, enforcement and sanctioning authority, and immunity of the Commission. The Act vests enforcement of the GLSA in the Attorney General or the district attorney. The Act repeals certain registration requirements of the GLSA, provides for mandatory use of the property reports in sales of subdivided land, and requires subdividers to keep business records. Furthermore, the Act changes the provisions of the GLSA pertaining to hearings and judicial review, cease and desist orders, and …
Motor Vehicles And Traffic Drivers Licenses: Mandate Implied Consent Warnings And Applicable Intoxication Levels For Georgia Drivers; Provide For Certification Of Testing Equipment And Personnel; Provide For Taking And Admission Of Sequential Breath Samples, Claire M. Kimball
Georgia State University Law Review
The Act requires law enforcement officers to give a specific warning to drivers stopped for driving under the influence. The Act codifies different warnings for different classes of drivers on Georgia roads. Further the Act establishes certification standards for breath-testing instruments and for the personnel administering the test. Finally, the Act requires the taking of two sequential samples and conditions admissibility of the test results on the differences.
Crimes And Offenses Offenses Against Public Order And Safety: Prohibit Discharge Of A Firearm While Intoxicated; Provide For Instant Background Checks When Purchasing A Handgun; Preempt Local Regulation Of Firearms, David M. Bessho
Georgia State University Law Review
The Act makes unlawful the discharge of a firearm while under the influence of alcohol or other drugs. The Act also provides for a statewide system of instant background checks of potential handgun purchaser and preempts, with some exceptions, local regulation of firearms.
Guardian And Ward Guardian Of Minors: Provide Authority To Settle Claims Of Minors; Provide Jurisdiction To Probate Court Judges In Appointing Guardians And Temporary Guardians; Change Requirements And Procedures Relating To Appointment Of Temporary Guardians; Provide For Bonds Of Guardians Appointed By Probate Court, Doug Isenberg
Georgia State University Law Review
The Act creates the Georgia Statutory Form for Financial Power of Attorney, but provides that it shall not be the exclusive method for creating such an agency. The Act also allows that, in settling the claims of minors that do not exceed $10,000, a natural guardian need not apply to become the legally qualified guardian. The Act requires that the trial court judge approve the settlement, when appropriate. The Act creates a presence test in addition to the domiciliary test for probate court jurisdiction over minors without guardians. The Act changes the requirements and procedures relating to the appointment of …
Labor And Industrial Relations Workers' Compensation: Provide 1996 Olympic And Paralympic Volunteers With Workers' Compensation Coverage, Keith Porterfield
Labor And Industrial Relations Workers' Compensation: Provide 1996 Olympic And Paralympic Volunteers With Workers' Compensation Coverage, Keith Porterfield
Georgia State University Law Review
The Act provides that all persons who perform voluntary service for the Atlanta Committee for the Olympic Games or for the Atlanta Paralympic Organizing Committee will be considered employees of the organization for the purpose of workers’ compensation coverage.
Professions And Businesses Physicians, Physician's Assistants, And Respiratory Care: Authorize Prescription Of Certain Controlled Substances And Medical Devices By Physician's Assistants, Kimberly A. Stout
Georgia State University Law Review
The Act allows physician’s assistants to prescribe certain controlled substances pursuant to authority delegated by their supervising physician. The Act establishes requirements for both the physician’s assistant and the supervising physician in prescribing controlled substances. Additionally, the Act provides that there shall be no presumption of civil or criminal liability against a pharmacist who fills a prescription issued by a physician’s assistant. Lastly, the Act requires the Composite Board of Medical Examiners to adopt certain rules and regulations consistent with the Act.
Crimes And Offenses Offenses Against Public Order And Safety: Prohibit Use Of Computer Or Computer Networks To Facilitate Other Offenses, Mark A. Mccarty
Crimes And Offenses Offenses Against Public Order And Safety: Prohibit Use Of Computer Or Computer Networks To Facilitate Other Offenses, Mark A. Mccarty
Georgia State University Law Review
The Act prohibits the use of a computer or computer network to facilitate the commission of drug-related felonies, to solicit or encourage terroristic acts, or to train individuals in the use of dangerous weapons or instrumentalities for purposes of civil unrest. Additionally, the Act amends the disorderly conduct statute and creates the offense of harassing phone calls.
Evidence Securing Attendance Of Witnesses And Production And Preservation Of Evidence: Allow Depositions Of Physicians To Preserve Testimony In Criminal Child Abuse And Molestation Proceedings, Mark V. Hanrahan
Georgia State University Law Review
The Act expands the scope of the parties’ right to take depositions of witnesses in criminal matters when a defendant has been charged with an offense of child molestation, aggravated child molestation, or physical or sexual abuse of a child. The Act permits counsel for the defendant or the prosecuting attorney to preserve by deposition the testimony of any physician whose testimony is relevant to the crime charged. Upon motion by either party, the court having jurisdiction to try the charged offense may order the taking of a deposition.
Health Care And Protection Of Indigent And Elderly Patients: Provide For Written Disclosure By Entities That Specialize In Care Of Alzheimer's Patients; Provide For Standard Disclosure Form; Provide That Failure To Disclose Is Violation Of Fair Business Practices Act Of 1975; Provide For Remedies, Mary E. Sharp
Georgia State University Law Review
The Act requires that facilities, programs, or state instrumentalities or political subdivisions that advertise, market, offer to provide or provide specialized care, treatment, or activities for persons with Alzheimer’s disease or Alzheimer’s related dementia provide written disclosures of certain information. The Act requires that this written disclosure be made on a standardized form to any person seeking information concerning treatment from covered facilities. The Act further requires that the written disclosure explain the specialized care, treatment, or therapeutic activities provided to patients, residents, or participants. The Act makes failure to disclose this information a violation of the Fair Business Practices …
Crimes And Offenses Offenses Against Public Order And Safety: Provide Definition And Procedure For Use Of Pen Register And Trap And Trace Device, Rebecca R. Crowley
Crimes And Offenses Offenses Against Public Order And Safety: Provide Definition And Procedure For Use Of Pen Register And Trap And Trace Device, Rebecca R. Crowley
Georgia State University Law Review
The Act defines the terms “pen register” and “trap and trace device” and explicitly excludes them from the definition of “devices.” The Act provides that a court order should be obtained before either a pen register or trap and trace device is installed. However, the Act allows for installation without an order in certain emergency situations.
Courts, Domestic Relations Juvenile Proceedings, Parental Rights: Provide Procedure For Taking Unruly Child Into Custody And Detention Of Unruly Child; Child Custody Proceedings: Permit Court Discretion In Awarding Visitation And Custody To A Parent Who Has Committed One Or More Acts Of Family Violence, Sandra A. Partridge
Georgia State University Law Review
The Act provides that a child may be taken into custody if a parent or guardian ha contacted a law enforcement agency and reported that child absent or if a child violates a state or local curfew, only when a holding facility for unruly children is available. The Act grants authority to counties and municipalities to establish such holding facilities. The Act also provides factors that a judge may consider when determining custody and visitation rights after the court has made a finding of family violence. The Act enumerates specific orders that a judge may issue pertaining to visitation by …
Domestic Relations Alimony And Child Support Generally: Amend Child Support Calculations, Vicki Lynn Bell
Domestic Relations Alimony And Child Support Generally: Amend Child Support Calculations, Vicki Lynn Bell
Georgia State University Law Review
The Act amends the method for calculating child support awards to require fact finders in divorce cases to consider eighteen factors before determining the child support obligations of the parents. If, after considering these factors, the court finds the statutory set percentage of gross income either inadequate or excessive, the court must vary the child support obligation accordingly. The Act enhances the “Final Decree and Order” form to require additional information regarding how the child support calculation was determined. The Act allows judges to order one or both parents to obtain and maintain life insurance for the benefit of their …
Revenue And Taxation Tax Sales: Create Judicial Tax Foreclosure Procedures To Aid Low Income Housing Development, Holly M. Hearn
Revenue And Taxation Tax Sales: Create Judicial Tax Foreclosure Procedures To Aid Low Income Housing Development, Holly M. Hearn
Georgia State University Law Review
The Act creates judicial in rem tax foreclosure proceedings to avoid the inefficiency and lengthiness of nonjudicial foreclosure proceedings, which commonly result in nonmarketable and uninsurable titles to real property. The Act provides procedures and standards for the filing of a petition for foreclosure, a petition hearing, notice provisions, foreclosure sale, redemption and the form of the tax deed.
Civil Practice, Courts Habeas Corpus: Amend Procedures For First Time Challenges To State Court Death Sentence Proceedings; General Provisions: Require Establishment Of Uniform Court Rules Concerning Time Periods And Schedules, John A. Creasy Jr.
Georgia State University Law Review
The Act reforms habeas corpus procedure for death penalty cases. The Act imposes time limits for both the filing of a Request for Judicial Assistance with the Council of Superior Court Judges and for the assignment of such cases to a judge. Additionally, the Act limits discovery except upon a showing of exceptional circumstances. The Act increases the number of days allowed fro service of affidavits upon opposing parties. The Act places certain limitations on the availability of habeas corpus relief. Lastly, the Act requires the Council of Superior Court Judges to establish uniform court rules for scheduling habeas corpus …
Commerce And Trade Selling And Other Trade Practices: Allow Price Controls During A State Of Emergency; Provide For Exceptions; Permit County And Municipal Authorities To Require Registration Of Certain Businesses During A State Of Emergency, John A. Creasy Jr.
Georgia State University Law Review
The Act prohibits the raising of prices on any goods or services necessary to preserve, protect, or sustain the life, health, or safety of persons or their property during a declared state of emergency. The Act allows certain exceptions for the increased cost of such goods or services to the seller. The Act also provides an exception for suppliers or installers of lumber, plywood, or lumber products. The Act allows the Administrator of the Governor’s Office of Consumer Affairs to sanction violators, but does not create new sanctions beyond those already established by Georgia’s Fair Business Practices Act. The Act …
Evidence Witnesses Generally: Provide For Confidentiality Of Certain Communications, Mark V. Hanrahan
Evidence Witnesses Generally: Provide For Confidentiality Of Certain Communications, Mark V. Hanrahan
Georgia State University Law Review
The Act extends the scope of privileged communications beyond the psychiatrist-patient relationship and provides for privileged communications between enumerated licensed mental health care professionals and their patients. The privilege of confidentiality extends to discussions between treating professionals to the extent such discussions involve the confidential communications of the patient.
Criminal Procedure, Courts Crime Victims' Bill Of Rights: Provide For Crime Victims' Rights; Increase Maximum Amount Of Compensation Payable To Victims Of Crimes; District Attorneys: Provide For Additional Duties Of District Attorneys With Respect To Crime Victims' Rights, Rebecca Guinn
Georgia State University Law Review
Act 289, originating as HB 170, provides for a victims’ “Bill of Rights.” Crime victims must be notified of specific events in the judicial process, including the capture, charging, or conviction of a suspect or when a convict is under parole consideration. Act 289 also increases the compensation available to crime victims to a maximum aggregate amount of $10,000. Act 290, originating as HB 178, authorizes the appointment of additional assistant district attorneys and expands their duties. Under Act 290, district attorneys and assistant district attorneys will be responsible for assisting crime victims through the criminal justice process.
Public Utilities And Public Transportation Telephone And Telegraph Service: Create Telecommunications And Competition Development Act Of 1995, Cecil G. Mclendon Jr.
Public Utilities And Public Transportation Telephone And Telegraph Service: Create Telecommunications And Competition Development Act Of 1995, Cecil G. Mclendon Jr.
Georgia State University Law Review
The Act establishes a regulatory framework under which competition will be phased into Georgia’s local telephone services market. In addition, the Act provides for a modification in Georgia’s area code designations and provides penalties for obtaining and disseminating a caller’s unlisted number through a telephone caller identification service.
Eminent Domain Exercise Of Power Of Eminent Domain For Special Purposes: Provide Restrictions On Use Of Eminent Domain Power By Petroleum Pipeline Companies, Julie A. Beberman
Eminent Domain Exercise Of Power Of Eminent Domain For Special Purposes: Provide Restrictions On Use Of Eminent Domain Power By Petroleum Pipeline Companies, Julie A. Beberman
Georgia State University Law Review
The Act requires petroleum pipeline companies to notify property owners of their rights before initiating eminent domain proceedings. The petroleum pipeline companies also must comply with a two-step application and review process. The Act contains provisions for public notices and hearings. Landowners must be compensated by the petroleum pipeline companies for any damages caused by surveying activities, property taken through the eminent domain proceeding, and unreasonable impacts of the property of the landowner that is not acquired by eminent domain.
Property Landlord And Tenant: Require Landlords To Give Written Notice To Prospective Residential Tenants Of Recent Flooding Of Leased Property; Impose Tort Liability For Noncompliance, Michael R. Tippett
Georgia State University Law Review
The Act provides that an owner of real property who seeks to rent or lease that property for residential occupancy must notify the prospective tenant in writing, prior to the execution of the lease, of the property’s propensity for flooding if the property has been damaged by flooding at least three times in the five-year period preceding the date of the lease. If the owner fails to provide such notice, the owner will be liable in tort for damage to the tenant’s personal property or property of the tenant’s resident relative proximately caused by flooding occurring during the term of …
Public Officers And Officials Personnel Administration: Require Applicants For State Employment To Submit To Tests For Illegal Drugs, Michael R. Tippett
Public Officers And Officials Personnel Administration: Require Applicants For State Employment To Submit To Tests For Illegal Drugs, Michael R. Tippett
Georgia State University Law Review
The Act provides that an applicant for state employment must submit to an established test for the use of illegal drugs. An applicant who is offered employment and either tests positive for illegal drugs or refuses to submit to such a test shall be disqualified from state employment. This disqualification will not be removed from the applicant’s record for a period of two years.
Health Cardiopulmonary Resuscitation: Authorize Emergency Medical Technicians To Effectuate A "Do Not Resuscitate" Order For Patients At Home; Provide A "Do Not Resuscitate" Order Form And An Identifying Bracelet, Anklet, Or Necklace To Be Worn By Patients At Home; Provide For Notification Of Revocation Or Cancellation Of A "Do Not Resuscitate" Order, Susan Beth Jacobs
Georgia State University Law Review
The Act authorizes a health care professional or an emergency medical technician (EMT) to effectuate a “do not resuscitate” order for patients who are receiving care from a health care facility or for patients at home. The Act provides that a physician may designate a “do not resuscitate” order, and the patient at home shall wear an identifying bracelet or necklace which alerts medical personnel to the order. An EMT can regard either the order or the identifying bracelet or necklace as a legally sufficient order not to resuscitate. A physician must notify the health care facility staff if the …
Property Mortgages, Conveyances To Secure Debts, And Liens: Provide For Shortened Reversionary Period For Secured Property; Provide For Notice To Prospective Purchaser Of Potential Nuisances By Grantor, Owner Or Agent Of Property On Or Near Agricultural Or Forestry Property, Susan M. Gordon
Georgia State University Law Review
The Act reduces the reversionary period for secured property from twenty to seven years. The expiration period remains at twenty years when the parties have expressly indicated in the conveyance an intent to create a perpetual or indefinite security interest, unless the term of the debt exceeds twenty years. In addition, the Act requires notice of acceptable land uses and potential nuisances to purchasers of property zoned or adjacent to agricultural or forestry land.
Revenue And Taxation Income Taxes: Hold Service Providers To Three-Factor Tax Apportionment Standard Used By Manufacturers, Brian Wiklendt
Revenue And Taxation Income Taxes: Hold Service Providers To Three-Factor Tax Apportionment Standard Used By Manufacturers, Brian Wiklendt
Georgia State University Law Review
The Act clarifies how service companies are required to report net income attributable to Georgia. Service companies must allocate their income based on a three-factor formula, which is a similar method to that which nonservice companies have been required to use. The Act allows a service company to petition the Revenue Commissioner if use of this formula does not fairly represent the company’s business activity in Georgia. Finally, the Act requires that local income taxes be apportioned in the same manner as state income taxes.
Labor And Industrial Relations Workers' Compensation: Grant Immunity To Businesses Using Services Of A Temporary Help Contracting Firm Or Employee Leasing Company, Carole E. Powell
Labor And Industrial Relations Workers' Compensation: Grant Immunity To Businesses Using Services Of A Temporary Help Contracting Firm Or Employee Leasing Company, Carole E. Powell
Georgia State University Law Review
The Act grants businesses the tort immunity provided to employers under the Workers’ Compensation Act when the business uses the services of a temporary help contracting firm or an employee leasing company. The Act provides that temporary help contracting firms and employee leasing companies are statutory employers for the purpose of workers’ compensation benefits.
Domestic Relations Adoption: Limit Recourse When Adoption Petition Is Predicated On Exception To Requiring Surrender Or Termination Of Parental Rights, Cecil G. Mclendon Jr.
Domestic Relations Adoption: Limit Recourse When Adoption Petition Is Predicated On Exception To Requiring Surrender Or Termination Of Parental Rights, Cecil G. Mclendon Jr.
Georgia State University Law Review
The Act provides a six-month time limitation on challenging adoptions. The Act also provides a six-month time limitation from the effective date of the Act for a judicial challenge of any adoption prior to the Act’s effective date.
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.
Health Hospitalization For Tuberculosis: Ensure Due Process For Persons Involuntarily Hospitalized, David M. Bessho
Health Hospitalization For Tuberculosis: Ensure Due Process For Persons Involuntarily Hospitalized, David M. Bessho
Georgia State University Law Review
The Act revises procedures for the involuntary commitment of persons with tuberculosis. Such persons must be provided a full and fair hearing in which the state must prove by clear and convincing evidence that the patient presents a substantial risk of exposing others to an imminent danger of infection. Such persons have the right to counsel, and counsel must be appointed for those unable to afford legal representation. Confinement for more than six months requires a showing that the patient still has contagious tuberculosis or that the patient is likely not to comply with treatment.
Motor Vehicles And Traffic Uniform Rules Of The Road: Establish Proximate Causation Standards For Pursuing Law Enforcement Officers When Fleeing Suspects Injure Third Parties, Holly M. Hearn
Georgia State University Law Review
The Act specifies the conditions under which a pursuing law enforcement official can be held liable for causing or contributing to damages, injury, or death caused by a fleeing suspect. The Act establishes that the officer’s conduct will not be the proximate cause of such injuries, death, or damage unless the officer has acted with reckless disregard for proper law enforcement procedures. The Act also specifies when a suspect can be charged with a felony offense for fleeing or attempting to elude a police officer.