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Volume 14, Issue 1 (1997) December 1997

Peach Sheets

CRIMES AND OFFENSES Offenses Against Health and Morals: Prohibit People Who Have Criminal Records from Residing In, Being Domiciled In, or Being Employed by Certain Facilities
Alycen G. Adams

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

INSURANCE Insurance Generally: Provide Provisions and Definitions Relating to Insurance, Recovery for Personal Injury from a Third Party, Settlement of Claims, Right of Reimbursement for Medical Expenses and Disability Payments, Set-Offs, Subrogation for Conflicting Provisions, Confidentiality Provisions, and Provisions for Notice to Third Parties
Amy E. Bergeron

CIVIL PRACTICE Executions and Judicial Sales: Reduce the Continuously Published Period to Become the County's Official Organ Designated to Run Official or Legal Advertising
Brian J. Anderson

LAW ENFORCEMENT AND OTHER AGENCIES Employment and Training and Peace Officers; Restrict Public Access to Bomb Technicians' Training Materials
Brian J. Anderson

CIVIL PRACTICE Subpoenas: Allow Issuance of Subpoenas for Depositions by Attorneys
Corin McCarthy

DEBTOR AND CREDITOR Garnishment Proceedings: Provide Definitions; Provide Immunization and Reimbursement for Costs of Banks and Other Financial Institutions; Provide Procedures for Banks in Possession of Property
Dorsey E. Hopson II

EVIDENCE Hearsay: Allow the Admission of Medical Reports as Nonhearsay
Heather Browning

DOMESTIC RELATIONS Alimony and Child Support Generally; Enforcement of Duty to Support; Parent and Child Relationship Generally
Jaimie Johnson

LOCAL GOVERNMENT Enterprise Zone Employment Act of 1997: Provide for the Creation and Comprehensive Regulation of Enterprise Zones Within Municipalities and Counties; Provide for Legislative Findings and Intent; Provide Definitions; Provide for Municipal and County Tax Credits and Exemptions or Abatements for Qualified Businesses Within an Enterprise Zone; Provide for Procedures, Conditions, and Limitations; Provide for Powers, Duties, and Authority of the Department of Community Affairs
James F. Merna

COMMERCE AND TRADE Selling and Other Trade Practices: Provide Conditions Under Which a Revolving Credit Account Shall be Presumed to be Signed or Accepted by a Buyer
Jeremy Emanuel Citron

COURTS Punitive Damages: Provide for Lifting the Cap on Punitive Damages for Torts Committed While Tortfeasors are Under the Influence of Drugs
Jeremy Emanuel Citron

COMMERCE AND TRADE Selling and Other Trade Practices: Prohibit Certain Practices Relating to Telemarketing, the Use of a Computer or Computer Network, or Home Repair or Improvement Work; Provide for Vicarious Liability, Investigations of Violations, and Criminal and Civil Penalties
Kathryn O'Neill Pulliam

CRIMES AND OFFENSES Racketeer Influenced and Corrupt Organizations; Apply Georgia RICO Act to Interrelated Patterns of Criminal Activity Motivated by or the Effect of Which is Pecuniary Gain or Economic or Physical Threat or Injury to Others
Lisa M. Gable

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

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

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

CONSERVATION AND NATURAL RESOURCES Georgia Coastal Management Act: Provide for Preservation and Management of the Coastal Zone
Nowell D. Berreth

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

CRIMES AND OFFENSES Offenses Against Public Administration: Prohibit Receipt of Remuneration by Officials in Criminal Cases for Publishing or Speaking on the Case Until Completion of Direct Appeal
Rochelle Bozman

CRIMINAL PROCEDURE Bonds and Recognizances: Release Surety from Liability at Discretion of the Court When the Principal Uses a False Name
Rochelle Bozman

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

EDUCATION School Safety Act: Require Superior Courts to Notify Local School System When a Juvenile or Student Over Seventeen is Convicted of a Felony or Criminal Offense; Provide for Student Code of Conduct for the Local School Systems; Provide for Reporting Alleged Criminal Action by Student; Authorize Statewide Suspension or Expulsion of Students Convicted of a Felony; Provide for Alternative Placement of Such Students
Usha Ramachandran

PROFESSIONS AND BUSINESSES Physicians, Physician's Assistants, and Respiratory Care: Allow Access to Experimental or Nonconventional Methods of Medical Treatment
Andrew J. Surdykowski

REVENUE AND TAXATION Income Taxes: Provide for Non Income Taxation and No Withholding Tax on the Distributive Share of a Nonresident Member of a Resident Limited Partnership Which Derives Income Exclusively from Buying, Selling, Dealing in, and Holding Securities on its Own Behalf
Assunta Deevey

MOTOR VEHICLES AND TRAFFIC Registration and Licensing of Motor Vehicles and Ad Valorem Taxation: Issue License Plates to Vehicle Owners Instead of Vehicles; Allow License Plates to be Transferred Between Vehicles Successively Owned by the Same Person; Amend Laws Concerning Ad Valorem Taxation of Motor Vehicles
Corin McCarthy

PUBLIC UTILITIES AND PUBLIC TRANSPORTATION Distribution, Storage, and Sale of Gas: Provide for Deregulation of Natural Gas Services Upon Findings by the Public Service Commission; Provide Agency Approval of Capacity Supply Plans; Establish Obligations of an Electing Distribution Company
Heather Browning

PENAL INSTITUTIONS Correctional Institutions of State and Counties: Allow Privately-Operated Prisons to Utilize Penal Labor Following the Same Standards as State-Run Institutions
James D. Johnson

STATE GOVERNMENT Administrative Procedures: Provide that an Agency Shall Consider the Least Costly Alternative that Complies with the Statutory Directive in Formulating Certain Rules; Authorize Agencies to Grant Variances and Waivers from Compliance with Certain Rules Under Restricted Circumstances; Provide for Procedures and Exceptions; Provide for Review
James F. Merna

PUBLIC HEALTH AND MORALS Abortion: Prohibit Partial-Birth Abortions; Define Partial-Birth Abortion; Provide for Criminal Sanctions Against One Performing Such Procedure; Provide for Exception to Exception to Criminal Sanctions when Such Procedure is Necessary to Save Life of Mother; Provide for Civil Remedy for Father and Maternal Grandparents, Subject to Certain Exceptions; Provide that Mother is Not Subject to Criminal Sanctions for Violation of This Code Section
James W. Standard Jr.

PROPERTY Landlord and Tenant: Provide for Commission Protection for Real Estate Brokers Subsequent to Any Transfer or Conveyance of Real Property or a Leasehold Interest; Provide for Notices of Commission Rights and Waiver and Release of Commission Rights
Kathryn O'Neill Pulliam

PROFESSIONS AND BUSINESSES Physicians, Physician's Assistants, and Respiratory Care: Require Out-of-State Physicians Who Provide Patient Care in Georgia Via Telemedicine to Hold Georgia License
Katie Wood

SOCIAL SERVICES Public Assistance: Bar Participation By Person Convicted of Violating of Georgia Medical Assistance Act; Create Medicaid Fraud Forfeiture Act to Freeze Assets of Fraud Suspects
Katie Wood

SOCIAL SERVICES Public Assistance: Repeal "Aid to Dependent Children Act"; Create "Temporary Assistance for Needy Families Act"
Margaret Ann Shannon

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Wills, Probate, and Administration of Estates: Amend 1996 Revision of Georgia Probate Code; Authorize Appointment of Additional County Administrators in All Counties; Clarify and Renumber Provision Relating to Effect of a Decree of Adoption; Change Provision Relating to Inheritance of a Child Born Out of Wedlock Through the Child's Father; Change Provisions for Petition for an Order that No Administration is Necessary; Provide Discretion for Probate Judge to Order Separate Awards of Year's Support for Minor Children and Surviving Spouse; Change Provision on Contracts Concerning Succession; Change Provision on Tim Limitation for Probate of Wills; Provide that Proof of Codicil is Proof of a Will in Certain Circumstances; Change Provisions Relating to Selection, Appointment, and Compensation of Administrators and Personal Representatives; Change Provisions Relating to Notice and Time to Respond or File Objections; Change Other Probate Procedures for Clarity and Efficiency
Stephen M. Dickson

MOTOR VEHICLES AND TRAFFIC Drivers' Licenses: Comply with the Provisions of the Federal Driver's Privacy Protection Act; Provide Strict Guidelines for the Release of Personal Information from Drivers' Licenses and Other Records of the Department of Public Safety
W. Kent Davis

STATE GOVERNMENT State Debt, Investment, and Depositories: Prohibit Access to Certain Records of the Office of Treasury and Fiscal Services by Exempting Them from the Open Records Act; Authorize the Director of the Office of Treasury and Fiscal Services to Invest in Specified Securities by Selling or Purchasing Such Obligation Under Agreement to Resell or Repurchase the Obligations
W. Kent Davis

CIVIL LITIGATION Court and Litigation Costs: Provide for the Award of Attorney's Fees and Expenses Incurred in Obtaining a Court Order for Attorney's Fees and Expenses of Litigation
Georgia State University Law Review

CIVIL PRACTICE Civil Actions; Arguments of Counsel: Provide the Plaintiff is Entitled to Opening and Concluding Arguments Except When Defendant Introduces No Evidence or Admits a Prima Facie Case; Provide that in Civil Actions for Personal Injuries, Defendant Does Not Admit a Prima Facie Case if Defendant Introduces Evidence as to Extent of Damages, Other than Cross-Examination of Plaintiff or Plaintiff's Witness
Georgia State University Law Review

CIVIL PRACTICE Civil Practice Act: Change Provisions Relating to the Time of Filing an Affidavit that Must Be Filed with the Complaint in Any Action for Damages Alleging Professional Malpractice; Provide for Dismissal of Complaints; Provide for the Curing of Defects; Provide a List of Professions to Which the Affidavit Requirement Applies
Georgia State University Law Review

CIVIL PRACTICE Civil Practice Generally: Expand Provisions Relating to Venue Under the Long-Arm Statute
Georgia State University Law Review

COMMERCE AND TRADE Electronic Records and Signatures: Authorize the Use of Electronic Records and Signatures Instead of Written Records and Signatures
Georgia State University Law Review

CONSERVATION AND NATURAL RESOURCES Interstate Compacts: Allocate Surface Water Resources from the Alabama-Coosa-Tallapoosa River Basin Between Georgia and Alabama; Allocate Surface Water Resources from the Apalachicola-Chattahoochee-Flint River Basin Among Alabama, Florida, and Georgia
Georgia State University Law Review

COURTS, CRIMES AND OFFENSES Crimes Against the Person; Classify Battery Upon a Teacher or School Official as a Felony; Juvenile Proceedings, Parental Rights: Provide for Jurisdiction and Guidance in Juvenile Proceedings; Offenses Against Public Administration: Include Escape of a Juvenile in the General Escape Statute
Georgia State University Law Review

MOTOR VEHICLES AND TRAFFIC Driver's Licenses: Provide that Learner's Permits May Be Obtained at Age Fifteen, Permit Holders Must Be Accompanied by Person Twenty-one Years or Older; Provide that Intermediate Class D License May Be Obtained at Age Sixteen and Holder May Not Drive Between 1:00 a.m. and 5:00 a.m. Except Under One of Four Exceptions; Provide for Zero Tolerance for Alcohol in Drivers Under Age Twenty-One; Provide for Mandatory Twenty-Four Hour Jail Sentence for All Young Drivers Convicted of Driving with .08 grams or Higher Blood Alcohol Concentration and that Offenders Will Be Segregated from Other Inmates; Provide for Mandatory Community Service for Young Drivers Convicted of Driving with a 0.02 grams to 0.07 grams Blood Alcohol Concentration; Provide for Suspension of Young Drivers' Permit or Class D License for Any Conviction for Hit and Run, Racing, Fleeing the Police, Reckless Driving, or for Any Offense Which Adds Four Points to a Driver's Record; Provide that a Permit or License Will be Suspended for a Minor Who Drops Out of School, Had More than Ten Consecutive Unexcuses Absenses in a Semester, or Has Been Suspended for Threatening a Teacher, Selling, or Possessing Drugs, Alcohol, or Carrying a Weapon to School; Provide that a Nolo Contendre Plea Will be Interpreted as a Conviction
Georgia State University Law Review

Table of Georgia Code Sections Affected
Georgia State University Law Review

House and Senate Bill Index
Georgia State University Law Review