reglab/housing_qa huggingface dataset:
GA Code § 16-15-7 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 15 - Street Gang Terrorism and Prevention|§ 16-15-7. Real Property Used by Criminal Street Gangs Declared Public Nuisance; Abatement; Persons Injured by Gangs Entitled to Treble Damages

  Any real property which is erected, established, maintained, owned, leased, or used by any criminal street gang for the purpose of conducting criminal gang activity shall constitute a public nuisance and may be abated as provided by Title 41, relating to nuisances.   An action to abate a nuisance pursuant to this Code section may be brought by the district attorney, solicitor-general, prosecuting attorney of a municipal court or city, or county attorney in any superior, state, or municipal court.   Any person who is injured by reason of criminal gang activity shall have a cause of action for three times the actual damages sustained and, where appropriate, punitive damages; provided, however, that no cause of action shall arise under this subsection as a result of an otherwise legitimate commercial transaction between parties to a contract or agreement for the sale of lawful goods or property or the sale of securities regulated by Chapter 5 of Title 10 or by the federal Securities and Exchange Commission. Such person shall also recover attorney's fees in the trial and appellate court and costs of investigation and litigation reasonably incurred. All averments of a cause of action under this subsection shall be stated with particularity. No judgment shall be awarded unless the finder of fact determines that the action is consistent with the intent of the General Assembly as set forth in Code Section 16-15-2.   The state, any political subdivision thereof, or any person aggrieved by a criminal street gang or criminal gang activity may bring an action to enjoin violations of this chapter in the same manner as provided in Code Section 16-14-6.     (Code 1981, §16-15-7, enacted by Ga. L. 1998, p. 270, § 8; Ga. L. 2010, p. 230, § 4/HB 1015.)   Editor's notes.   - Ga. L. 1998, p. 270, § 8, effective April 1, 1998, renumbered former Code Section 16-15-7 as present Code Section 16-15-6, and enacted this Code section.   JUDICIAL DECISIONS   Tort action for damages from injuries received from gang activity.    - Trial court did not err in denying the property owners' motion to dismiss a tenant's claims seeking damages for injuries the tenant received in a shooting at the tenant's apartment complex because the Georgia Street Gang Terrorism and Prevention Act, O.C.G.A. § 16-15-1 et seq., provided a cause of action for treble damages to persons injured by reason of criminal gang activity and the tenant made sufficient allegations in the complaint that the tenant received a violent injury from the type of conduct the Act contemplated. Star Residential, LLC v. Hernandez, 354 Ga. App. 629, 841 S.E.2d 392 (2020).
GA Code § 16-15-8 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 15 - Street Gang Terrorism and Prevention|§ 16-15-8. Matters Proved in Criminal Trial

 A conviction of an offense defined as criminal gang activity shall estop the defendant in any subsequent civil action or proceeding as to matters proved in the criminal proceeding.    (Code 1981, §16-15-8, enacted by Ga. L. 1998, p. 270, § 8.)
GA Code § 16-15-10 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 15 - Street Gang Terrorism and Prevention|§ 16-15-10. Criminal Street Gang Reward Fund

 There shall be established as part of the Prosecuting Attorneys' Council of the State of Georgia the Criminal Street Gang Reward Fund. The chief of police, sheriff, or chairperson of any county governing authority may request the posting of up to a $5,000.00 reward for information leading to the arrest and conviction of any person involved in criminal gang activity that leads to the death or maiming of another person or property damage in the amount of $2,500.00 or more.    (Code 1981, §16-15-10, enacted by Ga. L. 2006, p. 519, § 3/HB 1302; Ga. L. 2010, p. 230, § 6/HB 1015.)   Editor's notes.   - Ga. L. 2006, p. 519, § 7/HB 1302, not codified by the General Assembly, provided that this section shall be effective July 1, 2006, and shall be applicable to all crimes committed on or after such date, and also provided that: "Any offense committed before July 1, 2006, shall be punishable as provided by the statute in effect at the time the offense was committed."
GA Code § 16-15-11 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 15 - Street Gang Terrorism and Prevention|§ 16-15-11. Georgia Criminal Street Gang Database; Uniform Reporting Format; Confidentiality

  Subject to funds as may be appropriated by the General Assembly or otherwise available for such purpose, the Georgia Bureau of Investigation shall be authorized to establish, develop, manage, and maintain a state-wide criminal street gang data base, to be known as the Georgia Criminal Street Gang Database, to facilitate the exchange of information between federal, state, county, and municipal law enforcement, prosecution and corrections agencies, offices, and departments. The Georgia Bureau of Investigation shall be authorized to solicit input from law enforcement and prosecuting attorneys in determining useful information for such data base so that information may be used by law enforcement, prosecution and corrections agencies, and other agencies, offices, and departments for investigative, prosecutorial, and corrections purposes.   Once the Georgia Criminal Street Gang Database is created and operational, the Georgia Bureau of Investigation shall be authorized to notify all federal, state, county, and municipal law enforcement, prosecution and corrections agencies, offices, and departments located in this state that information regarding criminal street gangs and their members and associates shall be entered into the Georgia Criminal Street Gang Database.   The Georgia Bureau of Investigation shall be authorized to create and promulgate a uniform reporting format for the entry of pertinent information received from law enforcement, prosecution and corrections agencies, offices, and departments for use in the Georgia Criminal Street Gang Database.   All state, county, and municipal law enforcement, prosecution and corrections agencies, offices, and departments may timely furnish information acquired relating to criminal street gangs and criminal gang activity to the Georgia Bureau of Investigation to be included in the Georgia Criminal Street Gang Database according to the reporting format developed by the Georgia Bureau of Investigation.   Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, the information and related records associated with the Georgia Criminal Street Gang Database shall not be open to inspection by or made available to the public.     (Code 1981, §16-15-11, enacted by Ga. L. 2010, p. 230, § 7/HB 1015.)
GA Code § 16-16-1 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 16 - Civil Forfeiture of Property Used in Burglary, Armed Robbery, or Home Invasion|§ 16-16-1. Definitions

 As used in this chapter, the term:    "Armed robbery" means the offense defined in subsection (a) of Code Section 16-8-41.   "Burglary" means the offense defined in Code Section 16-7-1 in any degree.   "Home invasion" means the offense defined in Code Section 16-7-5 in any degree.     (Code 1981, §16-16-1, enacted by Ga. L. 1995, p. 1051, § 4; Ga. L. 2012, p. 899, § 8-7/HB 1176; Ga. L. 2014, p. 426, § 7/HB 770.)   Editor's notes.   - Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act."   Law reviews.   - For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 290 (2012).
GA Code § 16-16-2 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 16 - Civil Forfeiture of Property Used in Burglary, Armed Robbery, or Home Invasion|§ 16-16-2. Civil Forfeiture of Property Used to Commit Property Related Offenses

  As used in this Code section, the terms "proceeds" and "property" shall have the same meanings as set forth in Code Section 9-16-2.   Any property which is, directly or indirectly, used or intended for use in any manner to facilitate the commission of a burglary, home invasion, or armed robbery and any proceeds are declared to be contraband and no person shall have a property right in them.   Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.     (Code 1981, §16-16-2, enacted by Ga. L. 2015, p. 693, § 2-27/HB 233.)   Editor's notes.   - Ga. L. 2015, p. 693, § 2-27/HB 233, repealed former Code Section16-16-2, pertaining to forfeiture, and enacted the present Code section. The former Code section was based on Code 1981, § 16-16-2, enacted by Ga. L. 1995, p. 1051, § 4; Ga. L. 2012, p. 1285, § 1/SB 350; Ga. L. 2014, p. 426, § 8/HB 770.   Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."   Law reviews.   - For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).   JUDICIAL DECISIONS   Editor's note.    - In light of the similarity of the statutory provisions, annotations decided under former O.C.G.A. § 16-6-2 are included in the annotations for this Code section.   Forfeiture order.    - Forfeiture of a pickup truck and a trailer used to commit a burglary was upheld as the state's burden of proof was "by a preponderance of the evidence" and not "beyond a reasonable doubt" as alleged by the property owner; furthermore, the state was not required to prove a burglary conviction under O.C.G.A. § 16-7-1, or that charges were even filed, and whether a burglary took place without the owner's knowledge or consent was a fact question to be resolved by the court, which as the trier of fact, was not obligated to believe a witness even if the testimony was uncontradicted. Walker v. State of Ga., 281 Ga. App. 526, 636 S.E.2d 705 (2006) (decided under former O.C.G.A. § 16-6-2).
GA Code § 16-17-3 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 17 - Payday Lending|§ 16-17-3. Collection of Indebtedness Barred; Civil Action Permitted by Borrowers

 Any person who violates subsection (a) or (b) of Code Section 16-17-2 shall be barred from the collection of any indebtedness created by said loan transaction and said transaction shall be void ab initio, and any person violating the provisions of subsection (a) or (b) of Code Section 16-17-2 shall in addition be liable to the borrower in each unlawful transaction for three times the amount of any interest or other charges to the borrower. A civil action under Code Section 16-17-2 may be brought on behalf of an individual borrower or on behalf of an ascertainable class of borrowers. In a successful action to enforce the provisions of this chapter, a court shall award a borrower, or class of borrowers, costs including reasonable attorneys' fees.    (Code 1981, §16-17-3, enacted by Ga. L. 2004, p. 60, § 3.)
GA Code § 16-17-4 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 17 - Payday Lending|§ 16-17-4. Liability for Civil Penalty to State; Distribution of Proceeds

  Any person who violates subsection (a) or (b) of Code Section 16-17-2 shall be liable to the state for a civil penalty equal to three times the amount of any interest or charges to the borrowers in the unlawful transactions.   A civil action under Code Section 16-17-2 may be brought by the Attorney General, any district attorney, or a private party. Where a successful civil action is brought by a district attorney, one-half of the damages recovered on behalf of the state shall be distributed to the office of the district attorney of the judicial circuit of such district attorney to be used by the district attorney in order to fund the budget of that office.     (Code 1981, §16-17-4, enacted by Ga. L. 2004, p. 60, § 3; Ga. L. 2005, p. 60, § 16/HB 95.)
GA Code § 16-17-5 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 17 - Payday Lending|§ 16-17-5. Tax on Loans

  There is imposed a state tax on all loans made in violation of this chapter. Such tax shall be administered and collected in connection with the Georgia income taxation of the person making such loans and shall be in addition to any other tax liability of such person.   The tax imposed by this Code section shall be at the rate of 50 percent of all proceeds received by a person from loans made in violation of this chapter.   A person making loans in violation of this chapter shall declare and return the proceeds subject to taxation under this Code section as a part of such person's Georgia income tax return.   The state revenue commissioner shall retain returns under this Code section apart from all other returns and shall not disclose any part of such a return for any purpose other than the collection of tax owed or a criminal prosecution involving tax matters. In a criminal proceeding under this chapter, a person's return of proceeds under this Code section and any evidence derived as a result of such return shall not be admissible.     (Code 1981, §16-17-5, enacted by Ga. L. 2004, p. 60, § 3.)
GA Code § 16-17-6 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 17 - Payday Lending|§ 16-17-6. Evidence and Investigation in Pursuit of Prosecutions

 In regard to any loan transaction that is alleged to be in violation of subsection (a) of Code Section 16-17-2, the trial court shall be authorized to review the terms of the transaction in their entirety in order to determine if there has been any contrivance, device, or scheme used by the lender in order to avoid the provisions of subsection (a) of Code Section 16-17-2. The trial court shall not be bound in making such determination by the parol evidence rule or by any written contract but shall be authorized to determine exactly whether the loan transaction includes the use of a scheme, device, or contrivance and whether in reality the loan is in violation of the provisions of subsection (a) of Code Section 16-17-2 based upon the facts and evidence relating to that transaction and similar transactions being made in the State of Georgia. If any entity involved in soliciting or facilitating the making of payday loans purports to be acting as an agent of a bank or thrift, then the court shall be authorized to determine whether the entity claiming to act as agent is in fact the lender. Such entity shall be presumed to be the lender if, under the totality of the circumstances, it holds, acquires, or maintains a predominant economic interest in the revenues generated by the loan. Furthermore, the trial court shall further be authorized to investigate all transactions involving gift cards, telephone cards, the sale of goods or services, computer services, or the like which may be tied to such loan transactions and are an integral part thereof in order to determine whether any such transaction is in fact a contrivance, scheme, or device used by the payday lender in order to evade the provisions of subsection (a) of Code Section 16-17-2.    (Code 1981, §16-17-6, enacted by Ga. L. 2004, p. 60, § 3.)
GA Code § 16-17-7 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 17 - Payday Lending|§ 16-17-7. Prohibition Against Issuance of Certificate of Authority From Secretary of State

 All corporations, limited liability companies, and other business entities which are engaged in payday lending in the State of Georgia are prohibited from obtaining any certificate of authority from the Secretary of State or from the Department of Banking and Finance, and engaging in such payday lending activity in the State of Georgia shall result in the revocation of any existing certificate of authority.    (Code 1981, §16-17-7, enacted by Ga. L. 2004, p. 60, § 3; Ga. L. 2005, p. 60, § 16/HB 95.)
GA Code § 16-17-8 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 17 - Payday Lending|§ 16-17-8. Site of Payday Lending Is Public Nuisance

 The site or location of a place of business where payday lending takes place in the State of Georgia is declared a public nuisance.    (Code 1981, §16-17-8, enacted by Ga. L. 2004, p. 60, § 3.)
GA Code § 16-17-9 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 17 - Payday Lending|§ 16-17-9. Special Provisions for Borrowers Who Are Members of the Military or Their Respective Spouses

  In addition to the other obligations and duties required under this chapter, if the customer is a member of the military services of the United States or a spouse of a member of the military services of the United States, the following duties and obligations apply to any payday lender:   The lender is prohibited from garnishment of any military wages or salaries;   The lender is prohibited from conducting any collection activity against a military customer or his or her spouse when the military member has been deployed to a combat or combat support posting for the duration of the deployment;   The lender is prohibited from contacting the commanding officer of a military customer in an effort to collect on a loan to the military member or his or her spouse;   The lender agrees to be bound by the terms of any repayment agreement that it negotiates through military counselors or third-party credit counselors; and   The lender agrees to honor any statement or proclamation by a military base commander that a specific payday lender branch location has been declared off limits to military personnel and their spouses.     If the customer is a member of the military services of the United States or a spouse of a member of the military services of the United States, the following disclosures shall be made in writing by the payday lender:   A notice that the lender is prohibited from garnishment of any military wages or salaries;   A notice that the lender is prohibited from conducting any collection activity against a military customer or his or her spouse when the military member has been deployed to a combat or combat support posting for the duration of the deployment;   A notice that the lender is prohibited from contacting the commanding officer of a military customer in an effort to collect on a loan to the military member or his or her spouse;   A notice that the lender agrees to be bound by the terms of any repayment agreement that it negotiates through military counselors or third-party credit counselors; and   A notice that the lender agrees to honor any statement or proclamation by a military base commander that a specific payday lending branch location has been declared off limits to military personnel and their spouses.       (Code 1981, §16-17-9, enacted by Ga. L. 2004, p. 60, § 3.)
GA Code § 16-17-10 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 17 - Payday Lending|§ 16-17-10. Severability

 If any provision of this chapter or the application of such provision is found by a court of competent jurisdiction in the United States to be invalid or is found to be superseded by federal law, then the remaining provisions of this chapter shall not be affected, and this chapter shall continue to apply to any other person or circumstance.    (Code 1981, §16-17-10, enacted by Ga. L. 2004, p. 60, § 3.)
GA Code § 17-1-2 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 1 - General Provisions|§ 17-1-2. Maintenance of Penal Actions

 A "penal action" is an action allowed in pursuance of public justice under particular laws. If no special officer is authorized to be the plaintiff therein, the state, the Governor, the Attorney General, or the prosecuting attorney may be the plaintiff.   (Orig. Code 1863, § 3178; Code 1868, § 3189; Code 1873, § 3254; Code 1882, § 3254; Civil Code 1895, § 4933; Civil Code 1910, § 5510; Code 1933, § 3-103.)   Cross references.   - Corresponding provisions relating to civil procedure, §§ 9-2-1,9-2-29.   JUDICIAL DECISIONS   State, not victim, has interest in criminal prosecutions.    - Because the purpose of criminal law is to serve the public functions of deterrence, rehabilitation, and retribution, it is the state, not the victim, that has an interest in criminal prosecutions. Ambles v. State, 259 Ga. 406, 383 S.E.2d 555 (1989).    Trial court abused the court's discretion by dismissing charges alleging that the defendant violated state statutes prohibiting affrays, disrupting a public school, and criminal trespass by fighting on school grounds, over the state's objection, after defense counsel told the court that school officials wanted the charges dismissed. State v. Perry, 261 Ga. App. 886, 583 S.E.2d 909 (2003).   Action by informer generally impermissible.    - Qui tam action, in accordance with this section, cannot be brought and prosecuted in the name of the informer unless a right thus to sue shall have been given distinctly by statute. O'Kelly v. Athens Mfg. Co., 36 Ga. 51 (1867).   No inherent right of informant to forfeiture in criminal case.    - Informer who commences a qui tam action under a penal statute does not acquire thereby a vested right to the forfeiture. Bank of St. Mary's v. State, 12 Ga. 475 (1853); Robison v. Beall, 26 Ga. 1 (1858); Hargroves v. Chambers, 30 Ga. 580 (1860).    Cited in Malone v. Clark, 109 Ga. App. 134, 135 S.E.2d 517 (1964).   RESEARCH REFERENCES   Am. Jur. 2d.   - 1 Am. Jur. 2d, Actions, §§ 1 et seq., 42 et seq. 59 Am. Jur. 2d, Parties, §§ 24, 26.   C.J.S.   - 1A C.J.S., Actions, § 1 et seq. 7A C.J.S., Attorney General, § 59 et seq.
GA Code § 17-1-3 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 1 - General Provisions|§ 17-1-3. Effect of Mistake or Misprision of Clerk or Other Ministerial Officer

 The mistake or misprision of a clerk or other ministerial officer shall in no case work to the injury of a party where by amendment justice may be promoted.   (Laws 1799, Cobb's 1851 Digest, p. 480; Code 1863, § 3436; Code 1868, § 3456; Code 1873, § 3507; Code 1882, § 3507; Civil Code 1895, § 5125; Civil Code 1910, § 5709; Code 1933, § 81-1205.)   Cross references.   - Corresponding provision relating to civil procedure, § 9-10-133.   JUDICIAL DECISIONS   Court may correct clerk's sentencing error with notice to defendant.    - When, due to clerical error on the part of the clerk of the court and inadvertence on the part of the judge in signing the paper without discovering the error, a sentence is in part illegal, the court may, after notice and opportunity to be heard on the part of the defendant, order the error corrected. Wyatt v. State, 113 Ga. App. 857, 149 S.E.2d 837 (1966).   Order valid if error merely clerical.    - If the error is merely clerical in nature and does not follow the oral sentence pronounced by the court at the time, then the order as entered nunc pro tunc is a valid and proper sentence. Wyatt v. State, 113 Ga. App. 857, 149 S.E.2d 837 (1966).   RESEARCH REFERENCES   Am. Jur. 2d.   - 15A Am. Jur. 2d, Clerks of Court, § 44.   C.J.S.   - 71 C.J.S., Pleading, § 78.   ALR.    - Effect of mistake in reference in statute to another statute, constitution, public document, record, or the like, 5 A.L.R. 996; 14 A.L.R. 274.    Power to amend record in criminal case after term on evidence dehors record, 5 A.L.R. 1127.    Misinformation by judge or clerk of court as to status of case or time of trial or hearing as ground for relief from judgment, 164 A.L.R. 537.