reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 14 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (§§ 16-14-1 — 16-14-13) › Section 16-14-7 - Civil forfeiture proceedings

(a)
All property of every kind used or intended for use in the course of, derived from, or realized through a pattern of racketeering activity shall be subject to forfeiture to the state. The Attorney General shall be specifically authorized to commence any civil forfeiture proceeding under this chapter in matters arising under Code Section
45-15-10
.
(b)
Any property subject to forfeiture pursuant to subsection (a) of this Code section and any proceeds are declared to be contraband and no person shall have a property right in them and shall be forfeited in accordance with the procedure set forth in Chapter 16 of Title 9.
Amended by 2015 Ga. Laws 98,§ 2-25, eff. 7/1/2015.
Amended by 2002 Ga. Laws 749, § 4, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 14 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (§§ 16-14-1 — 16-14-13) › Section 16-14-8 - Period of limitations as to criminal proceedings or civil actions under this chapter

Notwithstanding any other provision of law setting forth a statute of limitations, a criminal proceeding or civil action brought pursuant to Code Section
16-14-6
shall be commenced up until five years after the conduct in violation of a provision of this chapter terminates. If a criminal proceeding or civil forfeiture proceeding is brought by the state pursuant to this chapter, then the running of this period of limitations, with respect to any cause of action arising under subsection (b) or (c) of Code Section
16-14-6
which is based upon any matter complained of in such criminal proceeding or civil forfeiture proceeding by the state, shall be suspended during the pendency of the criminal proceeding or civil forfeiture proceeding by the state and for two years thereafter.
Amended by 2015 Ga. Laws 98,§ 2-25, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 14 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (§§ 16-14-1 — 16-14-13) › Section 16-14-9 - Civil remedies as supplemental and not mutually exclusive

The application of one civil remedy under this chapter shall not preclude the application of any other remedy, civil or criminal, under this chapter or any other provision of law. Civil remedies under this chapter are supplemental and not mutually exclusive.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 14 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (§§ 16-14-1 — 16-14-13) › Section 16-14-10 - Recognition and enforcement of judgments of other states; reciprocal agreements with other states

(a)
A valid judgment rendered by a court of a jurisdiction having a law substantially similar to this chapter shall be recognized and enforced by the courts of this state to the extent that a judgment rendered by a court of this state pursuant to this chapter would be enforced in such other jurisdiction.
(b)
The Attorney General shall be authorized to enter into reciprocal agreements with the attorney general or chief prosecuting attorney of any jurisdiction having a law substantially similar to this chapter so as to further the purposes of this chapter.
Amended by 2015 Ga. Laws 98,§ 2-25, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 14 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (§§ 16-14-1 — 16-14-13) › Section 16-14-11 - Venue

In any criminal proceeding, the crime shall be considered to have been committed in any county in which an incident of racketeering occurred or in which an interest or control of an enterprise or real or personal property is acquired or maintained.
Amended by 2015 Ga. Laws 98,§ 2-25, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 14 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (§§ 16-14-1 — 16-14-13) › Section 16-14-12 - Cases of special public importance

The state may, in any civil action or civil forfeiture proceeding brought pursuant to this chapter, file with the clerk of the court a certificate stating that the case is of special public importance. A copy of such certificate shall be furnished immediately by such clerk to the chief judge or, in his or her absence, the presiding chief judge of the court in which such civil action or civil forfeiture proceeding is pending; and, upon receipt of such certificate, the judge shall immediately designate a judge to hear and determine such civil action or civil forfeiture proceeding. The judge so designated shall promptly assign such civil action or civil forfeiture proceeding for hearing, participate in the hearings and determination, and cause such civil action or civil forfeiture proceeding to be expedited.
Amended by 2015 Ga. Laws 98,§ 2-25, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 14 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (§§ 16-14-1 — 16-14-13) › Section 16-14-13 - through 16-14-15 - [Repealed]

Repealed by § Ga. L. 2015, p. 693, 2-25/HB 233, effective July 1, 2015.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 15 - STREET GANG TERRORISM AND PREVENTION (§§ 16-15-1 — 16-15-11) › Section 16-15-1 - Short title

This chapter shall be known and may be cited as the "Georgia Street Gang Terrorism and Prevention Act."
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 15 - STREET GANG TERRORISM AND PREVENTION (§§ 16-15-1 — 16-15-11) › Section 16-15-2 - Legislative findings and intent

(a)
The General Assembly finds and declares that it is the right of every person to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals. It is not the intent of this chapter to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The General Assembly recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to associate lawfully with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.
(b)
The General Assembly, however, further finds that the State of Georgia is in a state of crisis which has been caused by violent criminal street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods. These activities, both individually and collectively, present a clear and present danger to public order and safety and are not constitutionally protected.
(c)
The General Assembly finds that there are criminal street gangs operating in Georgia and that the number of gang related murders is increasing. It is the intent of the General Assembly in enacting this chapter to seek the eradication of criminal activity by criminal street gangs by focusing upon criminal gang activity and upon the organized nature of criminal street gangs which together are the chief source of terror created by criminal street gangs.
(d)
The General Assembly further finds that an effective means of punishing and deterring the criminal activities of criminal street gangs is through forfeiture of the profits, proceeds, and instrumentalities acquired, accumulated, or used by criminal street gangs.
Amended by 2010 Ga. Laws 406,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 15 - STREET GANG TERRORISM AND PREVENTION (§§ 16-15-1 — 16-15-11) › Section 16-15-4.1 - [Drive-by shooting]

(a)
As used in this Code section, the term:
(1)
"Dwelling" shall have the same meaning as provided in Code Section
16-7-1
.
(2)
"Firearm" means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.
(b)
A person commits the offense of drive-by shooting when he or she, while in a motor vehicle or close to the motor vehicle that was used to transport the shooter or the firearm, or both, with intent to injure another, or damage the property of another, discharges a firearm at or toward:
(1)
An occupied dwelling, building, or motor vehicle;
(2)
A dwelling, building, or motor vehicle such person knew or should have known to be occupied; or
(3)
A person.
(c)
A person convicted of the offense of drive-by shooting shall be punished by imprisonment for not less than five nor more than 20 years.
PART II
Added by 2024 Ga. Laws 512,§ 1-4, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 15 - STREET GANG TERRORISM AND PREVENTION (§§ 16-15-1 — 16-15-11) › Section 16-15-5 - Civil forfeiture

(a)
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
.
(b)
Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this chapter and proceeds are declared to be contraband and no person shall have a property right in them.
(c)
Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with Chapter 16 of Title 9.
Amended by 2015 Ga. Laws 98,§ 2-26, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 15 - STREET GANG TERRORISM AND PREVENTION (§§ 16-15-1 — 16-15-11) › Section 16-15-6 - Local ordinances not preempted by state law

Nothing in this chapter shall prevent a local governing body from adopting and enforcing ordinances relating to gangs and gang violence which are consistent with this chapter. Where local laws duplicate or supplement the provisions of this chapter, this chapter shall be construed as providing alternative remedies and not as preempting the field.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 15 - STREET GANG TERRORISM AND PREVENTION (§§ 16-15-1 — 16-15-11) › Section 16-15-7 - Real property used by criminal street gangs declared public nuisance; abatement; persons injured by gangs entitled to treble damages

(a)
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.
(b)
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.
(c)
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
.
(d)
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
.
Amended by 2010 Ga. Laws 406,§ 4, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 15 - STREET GANG TERRORISM AND PREVENTION (§§ 16-15-1 — 16-15-11) › Section 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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 15 - STREET GANG TERRORISM AND PREVENTION (§§ 16-15-1 — 16-15-11) › Section 16-15-9 - Commission of offense admissible as evidence of existence of criminal street gang

For the purpose of proving the existence of a criminal street gang and criminal gang activity, the commission, adjudication, or conviction of any offense enumerated in paragraph (1) of Code Section
16-15-3
by any member or associate of a criminal street gang shall be admissible in any trial or proceeding. Evidence offered under this Code section shall not be subject to the restrictions in paragraph (22) of Code Section
24-8-803
.
Amended by 2016 Ga. Laws 606,§ 5, eff. 5/3/2016.
Amended by 2010 Ga. Laws 406,§ 5, eff. 7/1/2010.
Added by 2006 Ga. Laws 616,§ 3, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 15 - STREET GANG TERRORISM AND PREVENTION (§§ 16-15-1 — 16-15-11) › Section 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.
Amended by 2010 Ga. Laws 406,§ 6, eff. 7/1/2010.
Added by 2006 Ga. Laws 616,§ 3, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 15 - STREET GANG TERRORISM AND PREVENTION (§§ 16-15-1 — 16-15-11) › Section 16-15-11 - Georgia Criminal Street Gang Database; uniform reporting format; confidentiality

(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
Added by 2010 Ga. Laws 406,§ 7, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 16 - FORFEITURE OF PROPERTY USED IN BURGLARY OR ARMED ROBBERY (§§ 16-16-1 — 16-16-2) › Section 16-16-1 - Definitions

As used in this chapter, the term:
(1)
"Armed robbery" means the offense defined in subsection (a) of Code Section
16-8-41
.
(2)
"Burglary" means the offense defined in Code Section
16-7-1
in any degree.
(3)
"Home invasion" means the offense defined in Code Section
16-7-5
in any degree.
Amended by 2014 Ga. Laws 574,§ 7, eff. 7/1/2014.
Amended by 2012 Ga. Laws 709,§ VIII-8-7, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 16 - FORFEITURE OF PROPERTY USED IN BURGLARY OR ARMED ROBBERY (§§ 16-16-1 — 16-16-2) › Section 16-16-2 - Civil forfeiture of property used to commit property related offenses

(a)
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
.
(b)
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.
(c)
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.
Amended by 2015 Ga. Laws 98,§ 2-27, eff. 7/1/2015.
Amended by 2014 Ga. Laws 574,§ 8, eff. 7/1/2014.
Amended by 2012 Ga. Laws 764,§ 1, eff. 5/3/2012.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 17 - PAYDAY LENDING (§§ 16-17-1 — 16-17-10) › Section 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.
Added by 2004 Ga. Laws 440, § 3, eff. 5/1/2004.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 17 - PAYDAY LENDING (§§ 16-17-1 — 16-17-10) › Section 16-17-4 - Liability for civil penalty to state; distribution of proceeds

(a)
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.
(b)
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.
Amended by 2005 Ga. Laws 19,§ 16, eff. 4/7/2005.
Added by 2004 Ga. Laws 440, § 3, eff. 5/1/2004.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 17 - PAYDAY LENDING (§§ 16-17-1 — 16-17-10) › Section 16-17-5 - Tax on loans

(a)
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.
(b)
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.
(c)
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.
(d)
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.
Added by 2004 Ga. Laws 440, § 3, eff. 5/1/2004.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 17 - PAYDAY LENDING (§§ 16-17-1 — 16-17-10) › Section 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
.
Added by 2004 Ga. Laws 440, § 3, eff. 5/1/2004.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 17 - PAYDAY LENDING (§§ 16-17-1 — 16-17-10) › Section 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.
Amended by 2005 Ga. Laws 19,§ 16, eff. 4/7/2005.
Added by 2004 Ga. Laws 440, § 3, eff. 5/1/2004.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 17 - PAYDAY LENDING (§§ 16-17-1 — 16-17-10) › Section 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.
Added by 2004 Ga. Laws 440, § 3, eff. 5/1/2004.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 17 - PAYDAY LENDING (§§ 16-17-1 — 16-17-10) › Section 16-17-9 - Special provisions for borrowers who are members of the military or their respective spouses

(a)
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:
(1)
The lender is prohibited from garnishment of any military wages or salaries;
(2)
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;
(3)
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;
(4)
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
(5)
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.
(b)
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:
(1)
A notice that the lender is prohibited from garnishment of any military wages or salaries;
(2)
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;
(3)
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;
(4)
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
(5)
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.
Added by 2004 Ga. Laws 440, § 3, eff. 5/1/2004.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 17 - PAYDAY LENDING (§§ 16-17-1 — 16-17-10) › Section 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.
Added by 2004 Ga. Laws 440, § 3, eff. 5/1/2004.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 1 - GENERAL PROVISIONS (§§ 17-1-1 — 17-1-4) › Section 17-1-1 - Filing and service of pleadings, motions, and other papers

(a)
Unless otherwise provided by law or by order of the court, every pleading subsequent to the entry of the initial indictment or accusation upon which the defendant is to be tried; every order not entered in open court; every written motion, unless it is one as to which a hearing ex parte is authorized; and every written notice, demand, and similar paper shall be served upon each party.
(b)
(1)
Where service is required to be made, the service shall be made upon the party's attorney unless service upon the party himself is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to him or by mailing it to him at his last known address or, if no address is known, by leaving it with the clerk of the court.
(2)
As used in this subsection, delivering a copy means:
(A)
Handing it to the attorney or to the party;
(B)
Leaving it at his office with his clerk or other person in charge thereof; or
(C)
If the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.
(3)
Service by mail shall be deemed complete upon mailing.
(c)
All original papers, copies of which are required to be served upon parties, shall be filed with the court either before service or immediately thereafter.
(d)
The filing of pleadings and other papers with the court shall be made by filing them with the clerk of the court unless the judge permits the papers to be filed with him, in which event he shall note thereon the filing date and transmit them to the office of the clerk.
(e)
(1)
Proof of service may be made by certificate of an attorney or of his employee, written admission, affidavit, or other proof satisfactory to the court. Failure to make proof of service shall not affect the validity of service.
(2)
When an attorney executes a certificate, which shall be attached to the original of the paper to be served, certifying as to the service thereof, the certificate shall be taken as prima-facie proof of such service.
(3)
The certificate of service provided for in this subsection shall read substantially as follows:
Certificate of Service
I do certify that (copy) (copies) hereof have been furnished to
(here insert name or names) by (delivery) (mail) this __________________
day of __________________, __________________.
__________________
Attorney
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 1 - GENERAL PROVISIONS (§§ 17-1-1 — 17-1-4) › Section 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.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 1 - GENERAL PROVISIONS (§§ 17-1-1 — 17-1-4) › Section 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.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 1 - GENERAL PROVISIONS (§§ 17-1-1 — 17-1-4) › Section 17-1-4 - Vacation of judgments, verdicts, rules, or orders obtained by perjury

Any judgment, verdict, rule, or order of court which may have been obtained or entered shall be set aside and be of no effect if it appears that the same was entered in consequence of corrupt and willful perjury. It shall be the duty of the court in which the verdict, judgment, rule, or order was obtained or entered to cause the same to be vacated upon motion and notice to the adverse party; but it shall not be lawful for the court to do so unless the person charged with perjury shall have been duly convicted thereof and unless it appears to the court that the verdict, judgment, rule, or order could not have been obtained and entered without the evidence of the perjured person, saving always to third persons innocent of such perjury the rights which they may lawfully have acquired under the verdict, judgment, rule, or order before the same shall have been actually vacated.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 2 - JURISDICTION AND VENUE (§§ 17-2-1 — 17-2-4) › Section 17-2-1 - Jurisdiction over crimes and persons charged with commission of crimes generally

(a)
It is the policy of this state to exercise its jurisdiction over crime and persons charged with the commission of crime to the fullest extent allowable under, and consistent with, the Constitution of this state and the Constitution of the United States.
(b)
Pursuant to this policy, a person shall be subject to prosecution in this state for a crime which he commits, while either within or outside the state, by his own conduct or that of another for which he is legally accountable, if:
(1)
The crime is committed either wholly or partly within the state;
(2)
The conduct outside the state constitutes an attempt to commit a crime within the state; or
(3)
The conduct within the state constitutes an attempt to commit in another jurisdiction a crime under the laws of both this state and the other jurisdiction.
(c)
A crime is committed partly within this state if either the conduct which is an element of the crime or the result which is such an element occurs within the state. In homicide, the "result" is either the act which causes death or the death itself; and, if the body of a homicide victim is found within this state, the death is presumed to have occurred within the state.
(d)
A crime which is based on an omission to perform a duty imposed by the law of this state is committed within the state, regardless of the location of the accused at the time of the omission.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 2 - JURISDICTION AND VENUE (§§ 17-2-1 — 17-2-4) › Section 17-2-2 - Venue generally

(a)
In general.
Criminal actions shall be tried in the county where the crime was committed, except as otherwise provided by law.
(b)
Crime committed on boundary line of two counties.
If a crime is committed on, or immediately adjacent to, the boundary line between two counties, the crime shall be considered as having been committed in either county.
(c)
Criminal homicide.
Criminal homicide shall be considered as having been committed in the county in which the cause of death was inflicted. If it cannot be determined in which county the cause of death was inflicted, it shall be considered that it was inflicted in the county in which the death occurred. If a dead body is discovered in this state and it cannot be readily determined in what county the cause of death was inflicted, it shall be considered that the cause of death was inflicted in the county in which the dead body was discovered.
(d)
Crime commenced outside the state.
If the commission of a crime under the laws of this state commenced outside the state is consummated within this state, the crime shall be considered as having been committed in the county where it is consummated.
(e)
Crime committed while in transit.
If a crime is committed upon any railroad car, vehicle, watercraft, or aircraft traveling within this state and it cannot readily be determined in which county the crime was committed, the crime shall be considered as having been committed in any county in which the crime could have been committed through which the railroad car, vehicle, watercraft, or aircraft has traveled.
(f)
Crime committed on water boundaries of two counties.
Whenever a stream or body of water is the boundary between two counties, the jurisdiction of each county shall extend to the center of the main channel of the stream or the center of the body of water; and, if a crime is committed on the stream or body of water and it cannot be readily determined in which county the crime was committed, the crime shall be considered as having been committed in either county.
(g)
Crime committed on water boundaries of two states.
Whenever a crime is committed on any river or body of water which forms a boundary between this state and another state, the accused shall be tried in the county of this state which is situated opposite the point where the crime is committed. If it cannot be readily determined on which side of the line a crime was committed between two counties which border the river or body of water, the crime shall be considered as having been committed in either county.
(h)
Crime in more than one county.
If in any case it cannot be determined in what county a crime was committed, it shall be considered to have been committed in any county in which the evidence shows beyond a reasonable doubt that it might have been committed.
(i)
Cumulative effect of Code section.
This Code section is cumulative and shall not supersede venue provisions found in other parts of this Code.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 2 - JURISDICTION AND VENUE (§§ 17-2-1 — 17-2-4) › Section 17-2-3 - Jurisdiction and venue as to crimes committed on boundary lines between this state and other states

This state claims jurisdiction of an offense committed on any of her boundary lines with other states for the county bordering on that part of the line where the offense was committed and, if doubtful as to which of two counties as set forth in subsection (g) of Code Section
17-2-2
, for either county, and will proceed to arrest, indict, try, and punish unless the other state makes a demand for the accused person as a fugitive from justice, in which event the progress of the case shall be suspended by order of the Governor until the question of jurisdiction is settled.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 2 - JURISDICTION AND VENUE (§§ 17-2-1 — 17-2-4) › Section 17-2-4 - Defendant arrested, held, or present in county other than that in which indictment or accusation is pending

(a)
A defendant arrested, held, or present in a county other than that in which an indictment or accusation is pending against that defendant may state in writing a wish to plead guilty, guilty but mentally ill, guilty but with intellectual disability, or nolo contendere; to waive trial in the county in which the indictment or accusation is pending; and to consent to disposition of the case in the county in which the defendant was arrested, held, or present, subject to the approval of the prosecuting attorney for each county. Upon receipt of the defendant's statement and the written approval of the prosecuting attorney for each county, the clerk of the court in which the indictment or accusation is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court for the county in which the defendant was arrested, held, or present, and the prosecution shall continue in that county.
(b)
A defendant arrested, held, or present in a county other than the county in which a complaint or arrest warrant is pending against that defendant may state in writing a wish to plead guilty, guilty but mentally ill, guilty but with intellectual disability, or nolo contendere; to waive venue and trial in the county in which the complaint or warrant was issued; and to consent to disposition of the case in the county in which the defendant was arrested, held, or present, subject to the approval of the prosecuting attorney for each county. Upon receipt of the defendant's statement and the written approval of the prosecuting attorney for each county, the clerk of the court in which the complaint or arrest warrant is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court for the county in which the defendant was arrested, held, or present, and the prosecution shall continue in that county.
(c)
If after the proceeding has been transferred pursuant to subsection (a) or (b) of this Code section the defendant pleads not guilty or not guilty by reason of insanity, the clerk shall return the papers to the court in which the prosecution was commenced and the proceeding shall be restored to the docket of that court. A defendant's statement that the defendant wishes to plead guilty, guilty but mentally ill, guilty but with intellectual disability, or nolo contendere shall not be used against the defendant.
Amended by 2017 Ga. Laws 189,§ 2, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 3 - LIMITATIONS ON PROSECUTION (§§ 17-3-1 — 17-3-3) › Section 17-3-1 - Generally

(a)
A prosecution for murder may be commenced at any time.
(b)
Except as otherwise provided in Code Section
17-3-2.1
, prosecution for other crimes punishable by death or life imprisonment shall be commenced within seven years after the commission of the crime except as provided by subsection (d) of this Code section; provided, however, that prosecution for the crime of forcible rape shall be commenced within 15 years after the commission of the crime.
(c)
Except as otherwise provided in Code Section
17-3-2.1
, prosecution for felonies other than those specified in subsections (a), (b), and (d) of this Code section shall be commenced within four years after the commission of the crime, provided that prosecution for felonies committed against victims who are at the time of the commission of the offense under the age of 18 years shall be commenced within seven years after the commission of the crime.
(d)
A prosecution for the following offenses may be commenced at any time when deoxyribonucleic acid (DNA) evidence is used to establish the identity of the accused:
(1)
Armed robbery, as defined in Code Section
16-8-41
;
(2)
Kidnapping, as defined in Code Section
16-5-40
;
(3)
Rape, as defined in Code Section
16-6-1
;
(4)
Aggravated child molestation, as defined in Code Section
16-6-4
;
(5)
Aggravated sodomy, as defined in Code Section
16-6-2
; or
(6)
Aggravated sexual battery, as defined in Code Section
16-6-22.2
;
provided, however, that a sufficient portion of the physical evidence tested for DNA is preserved and available for testing by the accused and provided, further, that if the DNA evidence does not establish the identity of the accused, the limitation on prosecution shall be as provided in subsections (b) and (c) of this Code section.
(e)
Prosecution for misdemeanors shall be commenced within two years after the commission of the crime.
Amended by 2012 Ga. Laws 709,§ IV-4-1, eff. 7/1/2012.
Amended by 2002 Ga. Laws 785, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 3 - LIMITATIONS ON PROSECUTION (§§ 17-3-1 — 17-3-3) › Section 17-3-2 - Periods excluded

The period within which a prosecution must be commenced under Code Section
17-3-1
or other applicable statute does not include any period in which:
(1)
The accused is not usually and publicly a resident within this state;
(2)
The person committing the crime is unknown or the crime is unknown;
(3)
The accused is a government officer or employee and the crime charged is theft by conversion of public property while such an officer or employee; or
(4)
The accused is a guardian or trustee and the crime charged is theft by conversion of property of the ward or beneficiary.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 3 - LIMITATIONS ON PROSECUTION (§§ 17-3-1 — 17-3-3) › Section 17-3-2.1 - Exclusions for certain offenses involving a victim under 16 years of age

(a)
For crimes committed during the period beginning on July 1, 1992, and ending on June 30, 2012, if the victim of a violation of:
(1)
Cruelty to children, as defined in Code Section
16-5-70
;
(2)
Rape, as defined in Code Section
16-6-1
;
(3)
Sodomy or aggravated sodomy, as defined in Code Section
16-6-2
;
(4)
Statutory rape, as defined in Code Section
16-6-3
;
(5)
Child molestation or aggravated child molestation, as defined in Code Section
16-6-4
;
(6)
Enticing a child for indecent purposes, as defined in Code Section
16-6-5
; or
(7)
Incest, as defined in Code Section
16-6-22
,
is under 16 years of age on the date of the violation, the applicable period within which a prosecution shall be commenced under Code Section
17-3-1
or other applicable statute shall not begin to run until the victim has reached the age of 16 or the violation is reported to a law enforcement agency, prosecuting attorney, or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the appropriate prosecuting attorney.
(b)
For crimes committed on and after July 1, 2012, if the victim of a violation of:
(1)
Trafficking a person for sexual servitude, as defined in Code Section
16-5-46
;
(2)
Cruelty to children in the first degree, as defined in Code Section
16-5-70
;
(3)
Rape, as defined in Code Section
16-6-1
;
(4)
Aggravated sodomy, as defined in Code Section
16-6-2
;
(5)
Child molestation or aggravated child molestation, as defined in Code Section
16-6-4
;
(6)
Enticing a child for indecent purposes, as defined in Code Section
16-6-5
; or
(7)
Incest, as defined in Code Section
16-6-22
,
is under 16 years of age on the date of the violation and the violation is not subject to punishment as provided in paragraph (2) of subsection (b) of Code Section
16-6-4
, paragraph (2) of subsection (d) of Code Section
16-6-4
, or subsection (c) of Code Section
16-6-5
, a prosecution may be commenced at any time.
Amended by 2012 Ga. Laws 709,§ IV-4-2, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 3 - LIMITATIONS ON PROSECUTION (§§ 17-3-1 — 17-3-3) › Section 17-3-2.2 - Statute of limitations

In addition to any periods excluded pursuant to Code Section
17-3-2
, if the victim is a person who is 65 years of age or older, the applicable period within which a prosecution must be commenced under Code Section
17-3-1
or other applicable statute shall not begin to run until the violation is reported to or discovered by a law enforcement agency, prosecuting attorney, or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the appropriate prosecuting attorney. Except for prosecutions for crimes for which the law provides a statute of limitations longer than 15 years, prosecution shall not commence more than 15 years after the commission of the crime.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 3 - LIMITATIONS ON PROSECUTION (§§ 17-3-1 — 17-3-3) › Section 17-3-3 - Other exclusions

If an indictment is found within the time provided for in Code Section
17-3-1
or
17-3-2
, or other applicable statute, and is quashed or a nolle prosequi entered, the limitation shall be extended six months from the time the first indictment is quashed or the nolle prosequi entered.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 1 - GENERAL PROVISIONS (§§ 17-4-1 — 17-4-3) › Section 17-4-1 - Actions constituting an arrest

An actual touching of a person with a hand is not essential to constitute a valid arrest. If the person voluntarily submits to being considered under arrest or yields on condition of being allowed his freedom of locomotion, under the discretion of the officer, the arrest is complete.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 1 - GENERAL PROVISIONS (§§ 17-4-1 — 17-4-3) › Section 17-4-2 - Privilege from arrest of active duty military personnel

The members of the organized militia or military forces shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at drills, parades, meetings, encampments, and the election of officers and going to, during, and returning from the performance of any active duty as such members.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 1 - GENERAL PROVISIONS (§§ 17-4-1 — 17-4-3) › Section 17-4-3 - Right of forcible entry into private dwellings pursuant to execution of arrest warrant

In order to arrest under a warrant charging a crime, the officer may break open the door of any house where the offender is concealed.