reglab/housing_qa huggingface dataset:
GA Code § 42-12-1 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 12 - Prison Litigation Reform|§ 42-12-1. Short Title

 This chapter shall be known and may be cited as the "Prison Litigation Reform Act of 1996."    (Code 1981, §42-12-1, enacted by Ga. L. 1996, p. 400, § 1.)   Law reviews.   - For review of 1996 prison litigation reform legislation, see 13 Ga. U. L. Rev. 280 (1996).   JUDICIAL DECISIONS   Previously dismissed federal lawsuits not counted under three strikes provision.    - Trial court erred in ruling that an inmate's previously dismissed federal lawsuits counted as strikes under the three strikes provision of the Georgia Prison Litigation Reform Act, O.C.G.A. § 42-12-7.2, because lawsuits in federal district court did not qualify as strikes under the statute since the statute unambiguously included only courts created by the constitution and laws of Georgia. Wright v. Brown, 336 Ga. App. 1, 783 S.E.2d 405 (2016).   Blanket declaration forbidden.    - Constitution forbids courts to abridge inmates' rights to have meaningful access to and communications with the courts, and a blanket declaration that all filings would be "null and void by operation of law" was impermissible. Hooper v. Harris, 236 Ga. App. 651, 512 S.E.2d 312 (1999).   Failure to conduct hearing on prisoner's pauper's affidavit error.    - Trial court erred by failing to conduct a hearing on a prisoner's claim of indigence as the plain language of O.C.G.A. § 9-15-2(b) required a hearing before the court could order costs to be paid and there was nothing in the statute that allowed the court, on the court's own, to inquire into the truth of a pauper's affidavit to order the payment of court costs without a hearing. Lee v. Batchelor, 345 Ga. App. 559, 814 S.E.2d 416 (2018).    Cited in In the Interest of B.A.S., 254 Ga. App. 430, 563 S.E.2d 141 (2002); Heard v. Ashcroft, F. Supp. 2d (S.D. Ga. June 6, 2003); Owens v. Hill, 295 Ga. 302, 758 S.E.2d 794 (2014).   RESEARCH REFERENCES   ALR.   - Attorney's fees awards under § 803(d) of Prison Litigation Reform Act (42 U.S.C.A § 1997e(d)), 165 A.L.R. Fed. 551.   Validity, construction, and application of State Prison Litigation Reform Acts, 85 A.L.R.6th 229.
GA Code § 42-12-2 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 12 - Prison Litigation Reform|§ 42-12-2. Legislative Findings and Determinations

 The General Assembly makes the following findings and determinations:    The costs of litigation are rising dramatically. It is the responsibility of this body to seek out and adopt measures to rectify this situation. One source of the rise in litigation costs is frivolous prisoner lawsuits. Meritless lawsuits are being filed at an ever-increasing rate by prisoners who view litigation as a recreational exercise. To address the problems caused by the filing of nonmeritorious lawsuits and to relieve some of the burden placed on Georgia cities, counties, state agencies, the courts, and the Department of Corrections, this chapter is enacted.   Before filing any sort of civil action, all citizens must evaluate the strengths of their claim in light of their own personal financial situation. Private individuals are forced to balance the strength of their case against the reality of court costs, filing fees, and the potential consequences of filing a frivolous or meritless lawsuit. Georgia's prisoners currently face no such dilemma. In light of the fact that all prisoners' needs are provided at city, county, or state expense, a prisoner cannot claim that his or her financial status or security would be compromised by a requirement to pay court costs and fees. To address this inequity, the General Assembly enacts this chapter.   In forma pauperis status will continue to allow the filing of an action by a prisoner, thus providing the prisoner with the constitutional right to access to courts. Freezing of the prisoner's inmate account will hold the prisoner responsible for court costs and fees by seizing any future deposits into the account.     (Code 1981, §42-12-2, enacted by Ga. L. 1996, p. 400, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1996, "is frivolous" was substituted for "are frivolous" in the second sentence of paragraph (1) and "county, or state" was substituted for "county or state" in the fourth sentence of paragraph (2).   JUDICIAL DECISIONS   Previously dismissed federal lawsuits not counted under three strikes provision.    - Trial court erred in ruling that an inmate's previously dismissed federal lawsuits counted as strikes under the three strikes provision of the Georgia Prison Litigation Reform Act, O.C.G.A. § 42-12-7.2, because lawsuits in federal district court did not qualify as strikes under the statute since the statute unambiguously included only courts created by the constitution and laws of Georgia. Wright v. Brown, 336 Ga. App. 1, 783 S.E.2d 405 (2016).    Cited in Ray v. Barber, 273 Ga. 856, 548 S.E.2d 283 (2001).   RESEARCH REFERENCES   ALR.   - Validity, construction, and application of State Prison Litigation Reform Acts, 85 A.L.R.6th 229.
GA Code § 42-12-3 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 12 - Prison Litigation Reform|§ 42-12-3. Definitions

 As used in this chapter, the term:    "Action" means any civil lawsuit, action, or proceeding, including an appeal, filed by a prisoner but shall not include an appeal of a criminal proceeding; provided, however, that the provisions of Code Sections 42-12-4 through 42-12-7 shall not apply to petitions for writ of habeas corpus.   "Court costs and fees" means the initial filing fee set by the clerk of court and all fees incident to service of the lawsuit or amendments.   "Indigent prisoner" means a prisoner who has insufficient funds in the prisoner's inmate account at the time of filing to pay the appropriate filing fee.   "Prisoner" means a person 17 years of age or older who has been convicted of a crime and is presently incarcerated or is being held in custody awaiting trial or sentencing.     (Code 1981, §42-12-3, enacted by Ga. L. 1996, p. 400, § 1; Ga. L. 1999, p. 847, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1996, a comma was deleted following "prisoner" in the introductory language of paragraph (1).   Law reviews.   - For note on 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 219 (1999).   JUDICIAL DECISIONS    Cited in Coles v. State, 223 Ga. App. 491, 477 S.E.2d 897 (1996), overruled on other grounds, Henderson v. State, 303 Ga. 241, 2018 Ga. LEXIS 145 (2018); In re K.W., 233 Ga. App. 140, 503 S.E.2d 394 (1998).   RESEARCH REFERENCES   ALR.   - Validity, construction, and application of State Prison Litigation Reform Acts, 85 A.L.R.6th 229.
GA Code § 42-12-4 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 12 - Prison Litigation Reform|§ 42-12-4. Payment From Prisoner's Inmate Account for Costs and Fees of Action Commenced by Prisoner

 The following provisions shall apply when an indigent prisoner commences an action:    The indigent prisoner shall pay the current balance of funds in the prisoner's inmate account;   The clerk of court shall notify the superintendent of the institution in which the prisoner is incarcerated that an action has been filed. Notice to the superintendent shall include:   The prisoner's name, inmate number, and civil action number; and   The amount of the court costs and fees due and payable;     Upon notification by the clerk of court that an indigent prisoner has commenced an action, the superintendent shall:   Immediately freeze the prisoner's inmate account; and   Order that all moneys deposited into the prisoner's inmate account be forwarded to the clerk until all court costs and fees are satisfied, whereupon the freezing of the account shall be terminated.       (Code 1981, §42-12-4, enacted by Ga. L. 1996, p. 400, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1996, "superintendent" was substituted for "superintendant" in the second sentence of paragraph (2).
GA Code § 42-12-5 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 12 - Prison Litigation Reform|§ 42-12-5. In Forma Pauperis Procedure; Contents and Service of Affidavit; Judicial Determinations

    A prisoner's affidavit of in forma pauperis status shall contain each of the following:   The prisoner's identity, including any and all aliases, and the prisoner's inmate number;   The nature and amount of any income as well as the source of that income;   Real and personal property owned by the prisoner; and   Cash and checking accounts held by the prisoner.  The affidavit shall contain a copy of the prisoner's inmate account of the last 12 months or the period of incarceration, whichever is less. The institution shall promptly provide said account information upon request.   The prisoner shall serve the affidavit, including all attachments, on the court and all named defendants.   Failure by the prisoner to comply with this subsection shall result in dismissal without prejudice of the prisoner's action.          A judicial order authorizing a prisoner to proceed in forma pauperis shall not prevent the freezing of a prisoner's inmate account nor the forwarding of any future deposits into that account to the court in accordance with the provisions of this chapter.   In the event that the court denies the prisoner's application for in forma pauperis status, the court shall give written notice to the inmate that the inmate's action will be dismissed without prejudice if the filing fees are not paid within 30 days of the date of the order.   Upon the denial of in forma pauperis status the court shall make a finding as to whether in forma pauperis status was sought fraudulently, frivolously, or maliciously. If the court finds that the in forma pauperis status was sought fraudulently, frivolously, or maliciously, the action shall be dismissed with prejudice, and the court shall assess filing costs.   If an action is dismissed without prejudice and the prisoner refiles the action in substantially the same form:   All filing requirements including filing fees must be met in their entirety; and   No amount paid for court fees in any earlier action or any part thereof shall be credited to the prisoner.        (2) The affidavit shall also contain the following sworn statement and signature of the prisoner:   I, _____________, do swear and affirm under penalty of law that the statements contained in this affidavit are true. I further attest that this application for in forma pauperis status is not presented to harass or to cause unnecessary delay or needless increase in the costs of litigation.    (Code 1981, §42-12-5, enacted by Ga. L. 1996, p. 400, § 1.)
GA Code § 42-12-6 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 12 - Prison Litigation Reform|§ 42-12-6. Determination as to Whether Prisoner's Action Frivolous

 Upon the dismissal of a prisoner action or upon the entry of judgment in favor of the responding party, the court shall make a finding as to whether the prisoner's action was frivolous. The court may award reasonable costs and attorney's fees to defendants or respondents if the court finds that:    Any material allegation in the prisoner's in forma pauperis affidavit is false; or   The action or any part of the action is malicious or frivolous as defined in Code Section 9-15-14.     (Code 1981, §42-12-6, enacted by Ga. L. 1996, p. 400, § 1.)
GA Code § 42-12-7 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 12 - Prison Litigation Reform|§ 42-12-7. Deductions From Prisoner's Accounts; Payment of Costs and Fees as Condition of Parole

  Fifty percent of the average monthly balance of the prisoner's account for the preceding 12 months during which the prisoner's account had a positive balance shall be deducted from the prisoner's account and paid over to the clerk of court for each instance that a court finds that the prisoner has done any of the following:   Filed a false, frivolous, or malicious action or claim with the court;   Brought an action or claim with the court solely or primarily for delay or harassment;   Unreasonably expanded or delayed a judicial proceeding;   Testified falsely or otherwise submitted false evidence or information to the court;   Attempted to create or obtain a false affidavit, testimony, or evidence; or   Abused the discovery process in any judicial action or proceeding.     Payment of any past due court costs and fees incurred by the prisoner may be, pursuant to this subsection, a condition of parole, at the discretion of the State Board of Pardons and Paroles.     (Code 1981, §42-12-7, enacted by Ga. L. 1996, p. 400, § 1.)
GA Code § 42-12-7.1 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 12 - Prison Litigation Reform|§ 42-12-7.1. Payment of Fees From Prisoner's Inmate Account Upon Filing of Habeas Corpus Petition

 The following provisions shall apply when an indigent prisoner files a petition for habeas corpus:    The indigent prisoner shall pay the current balance of funds in the prisoner's inmate account;   The clerk of court shall notify the superintendent of the institution in which the prisoner is incarcerated that a petition for habeas corpus has been filed. Notice to the superintendent shall include:   The prisoner's name, inmate number, and civil action number; and   The amount of the court costs and fees due and payable; and     Upon notification by the clerk of court that an indigent prisoner has filed a petition for habeas corpus, the superintendent shall:   Immediately freeze the prisoner's inmate account; and   Order that all moneys deposited into the prisoner's inmate account be forwarded to the clerk until all court costs and fees are satisfied, whereupon the freezing of the account shall be terminated.       (Code 1981, §42-12-7.1, enacted by Ga. L. 1999, p. 847, § 2.)   Cross references.   - Habeas corpus, Ga. Const. 1983, Art. 1, Sec. 1, Para. XV.   Habeas corpus, T. 9. C. 14.   Law reviews.   - For note on 1999 enactment of this Code section, see 16 Ga. St. U.L. Rev. 219 (1999).
GA Code § 42-12-7.2 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 12 - Prison Litigation Reform|§ 42-12-7.2. Number of Forma Pauperis Actions Limited

 In no event shall a prisoner file any action in forma pauperis in any court of this state if the prisoner has, on three or more prior occasions while he or she was incarcerated or detained in any facility, filed any action in any court of this state or of the United States that was dismissed on the grounds that such action was frivolous or malicious, unless the prisoner is under imminent danger of serious physical injury.    (Code 1981, §42-12-7.2, enacted by Ga. L. 1999, p. 847, § 3; Ga. L. 2000, p. 136, § 42; Ga. L. 2017, p. 673, § 3-4/SB 149.)    The 2017 amendment,  effective July 1, 2017, near the middle, inserted "or of the United States" and deleted "subsequently" preceding "dismissed".   Law reviews.   - For note on 1999 enactment of this Code section, see 16 Ga. St. U.L. Rev. 219 (1999).   JUDICIAL DECISIONS   Previously dismissed federal lawsuits not counted under three strikes provision.    - Trial court erred in ruling that an inmate's previously dismissed federal lawsuits counted as strikes under the three strikes provision of the Georgia Prison Litigation Reform Act, O.C.G.A. § 42-12-7.2, because lawsuits in federal district court did not qualify as strikes under the statute since the statute unambiguously included only courts created by the constitution and laws of Georgia. Wright v. Brown, 336 Ga. App. 1, 783 S.E.2d 405 (2016).
GA Code § 42-12-8 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 12 - Prison Litigation Reform|§ 42-12-8. Appeals

 Appeals of all actions filed by prisoners shall be as provided in Code Section 5-6-35.    (Code 1981, §42-12-8, enacted by Ga. L. 1996, p. 400, § 1.)   RESEARCH REFERENCES   ALR.   - Validity, construction, and application of State Prison Litigation Reform Acts, 85 A.L.R.6th 229.
GA Code § 42-12-9 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 12 - Prison Litigation Reform|§ 42-12-9. Records of Prisoner Actions

 The clerk of court shall maintain a list of all prisoner actions along with the disposition of each action and the identity of the judge that handled the action.    (Code 1981, §42-12-9, enacted by Ga. L. 1996, p. 400, § 1.)
GA Code § 42-13-1 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 13 - International Transfer of Prisoners|§ 42-13-1. Short Title

 This chapter shall be known and may be cited as the "International Transfer of Prisoners Act."    (Code 1981, §42-13-1, enacted by Ga. L. 2002, p. 669, § 1.)
GA Code § 42-13-2 (2021)
2021 Georgia Code|Title 42 - Penal Institutions|Chapter 13 - International Transfer of Prisoners|§ 42-13-2. Compliance With Treaty by Governor or Designee

 When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted criminal offenders to those foreign countries of which such offenders are citizens or nationals, the Governor or the Governor's designee is authorized, subject to the terms of the treaty, to act on behalf of the State of Georgia and to consent to the transfer of such convicted criminal offenders. The Governor or his or her designee is authorized to develop policies, procedures, and processes to implement the provisions of this Code section.    (Code 1981, §42-13-2, enacted by Ga. L. 2002, p. 669, § 1.)
GA Code § 43-1-1 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 1 - General Provisions|§ 43-1-1. Definitions

 As used in this title, the term:    "Division" means the professional licensing boards division created under Code Section 43-1-2.   "Division director" means the individual appointed by the Secretary of State as director of the professional licensing boards division within the office of the Secretary of State.   "Professional licensing board" means any board, bureau, commission, or other agency of the executive branch of state government which is created for the purpose of licensing or otherwise regulating or controlling any profession, business, or trade and which is placed by law under the jurisdiction of the director of the professional licensing boards division within the office of the Secretary of State.     (Code 1981, §43-1-1; Ga. L. 2000, p. 1706, § 1.)   Cross references.   - State Water Well Standards Advisory Council, § 12-5-120 et seq.    State Board of Registration for Foresters, § 12-6-40 et seq.    State Board of Pharmacy, § 26-4-30 et seq.   Editor's notes.   - This Code section was created as part of the Code revision and was thus enacted by Ga. L. 1981, Ex. Sess., p. 8 (Code Enactment Act).   JUDICIAL DECISIONS    Cited in Seely v. Loyd H. Johnson Constr. Co., 220 Ga. App. 719, 470 S.E.2d 283 (1996).
GA Code § 43-1-4 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 1 - General Provisions|§ 43-1-4. (See Editor's notes.) Expiration, Renewal, and Penalty Dates of Licenses and Certificates; Duration of Validity; Renewals

  The division director shall determine the expiration, renewal, and penalty dates for each license and certificate issued by the professional licensing boards through the office of the division director which is subject to renewal. Before becoming effective, these expiration, renewal, and penalty dates must be approved by the respective professional licensing boards.   Each license and certificate issued by the professional licensing boards through the office of the division director which are subject to renewal shall be valid for up to two years and shall be renewable biennially on the renewal date established by the division director, as approved by the respective professional licensing boards.   The division director is authorized to adopt the necessary rules and regulations to implement the biennial renewal of licenses and certificates in such manner as to ensure that the number of renewals is reasonably evenly distributed throughout each two-year period.    (Code 1933, § 84-104, enacted by Ga. L. 1972, p. 505, § 1; Ga. L. 1973, p. 1481, § 1; Ga. L. 1981, p. 1898, § 2; Ga. L. 2000, p. 1706, § 19.)   Editor's notes.   - Ga. L. 1981, p. 1898, § 5, not codified by the General Assembly, provided that that Act, § 2 of which amended this Code section, was not to be applicable to the Georgia Real Estate Commission and its functions, powers, and duties.   For application of this statute in 2020, see Executive Order 03.23.20.02.   A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders.   Administrative Rules and Regulations.   - Renewal of certificates of registration and professional development requirements, architects, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Architects and Interior Designers, Chapter 50-6.
GA Code § 43-1-5 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 1 - General Provisions|§ 43-1-5. Investigators for Professional Licensing Boards

 Persons hired for the purpose of conducting investigations for the professional licensing boards shall be designated as investigators and any person so designated shall have all the powers of a peace officer of this state when engaged in the enforcement of this title or of any of the laws creating or related to the professional licensing boards. Such investigators shall be authorized, upon the written approval of the division director, notwithstanding Code Sections 16-11-126 and 16-11-129, to carry firearms.   (Code 1933, § 84-105, enacted by Ga. L. 1975, p. 412, § 2; Ga. L. 1984, p. 704, § 1; Ga. L. 1996, p. 381, § 2; Ga. L. 2000, p. 1706, § 4; Ga. L. 2010, p. 266, § 8/SB 195; Ga. L. 2010, p. 963, § 2-17/SB 308.)   Cross references.   - Employment and training of peace officers generally, T. 35, C. 8.    Cease and desist order violations, § 43-14-12.1.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2010, the designation "(a)" was deleted from the beginning of this Code section.   Editor's notes.   - Ga. L. 2010, p. 963, § 3-1/SB 308, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to all offenses committed on and after June 4, 2010, and shall not affect any prosecutions for acts occurring before June 4, 2010, and shall not act as an abatement of any such prosecution.   Law reviews.   - For article, "Crimes and Offenses," see 27 Ga. St. U.L. Rev. 131 (2011).