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HB 106 - Sex offender registry; sexually violent offense; redefine
The bill changes certain provisions relating to the state sexual
offender registry and updates provisions relating to registration
requirements for offenders changing residency to Georgia. If a new
Georgia resident has been convicted of a sexually violent crime,
they must immediately register as a sex offender with the new county
of residence. Effective Date: May 2, 2005 Signed by Governor on
May 2, 2005 HB 188 - Registered sexual offender; publish photo in
legal organ The bill requires certain sexual offenders to register
with the sheriff in the county where they reside. Upon release of
the offender, the sheriff is now required to publish a notice of
conviction along with a photograph of the offender in the “legal
organ” of the county. Effective Date: May 3, 2005 Signed by Governor
on May 3, 2005
HB 254 - Courts; establish drug courts division The bill would
establish drug courts throughout the state, at the option of the
local courts in the area. Existing local judges will be assigned
to the drug court divisions, and standards for drug courts will
be adopted by the Judicial Council. The courts can be funded through
grants, private contributions, court fees, and state appropriations.
This bill also allows for the extension of the Family Court Division
of Fulton County as a pilot project for three years. The program
will be structured similar to the drug courts, and the AOC will
be responsible for providing annual reports on the efficacy of the
program. Tacked onto the bill is a provision relating to all clerks
of the various courts whereby they are allowed, but not mandated,
to create and maintain documents in a digital format. Effective
Date: May 10, 2005 Signed by Governor on May 10, 2005.
Georgia Drug Court Factsheet
SB 62 - Georgia Slam Spam E-mail Act; deceptive commercial e-mail;
criminal penalties This bill creates the new crime of initiation
of deceptive commercial e-mail (deceptive spam) when a person knew
or should have known that a commercial e-mail is false or misleading.
A violation constitutes a misdemeanor with penalties of up to a
year in jail and/or a $1,000 fine. The bill also creates a felony
level violation with penalties of up to five years in jail and/or
a $50,000 fine if e-mails sent out violate this provision total
1,000 in 24 hours, 10,000 in 30 days, or 1,000,000 in a year. Also,
if the person makes $1,000 or more from a specific email or $50,000
or more from a litany of e-mails that violate this provision, the
crime constitutes a felony-level violation. This bill also provides
that a victim of a violation of this statute can assert a civil
action. Effective Date: April 19, 2005 Signed by Governor on April
19, 2005 SB 100 - Georgia Residential Mortgage Fraud Act; define
offense; provide penalties This bill defines the criminal offense
of residential mortgage fraud and provides for penalties. A person
commits the crime of residential mortgage fraud when they make deliberate
misstatements or omissions during the mortgage lending process with
the intention that it will be relied on or if they receive proceeds
from a closing that they knew resulted from these types of omissions
or lies. The bill provides for a felony with penalties of 1-10 years
in jail and/or a $5,000 fine. If a pattern of fraud is found the
penalties become 3-20 years in jail and/or a fine of $100,000. The
bill also provides that property that comes under this bill's provisions
is subject to forfeiture. Effective Date: May 5, 2005 Signed by
Governor on May 5, 2005
SB 134 - Juvenile Justice; persons violate terms/ conditions of
probation; change provisions If a juvenile commits a delinquent
act, this bill provides that the juvenile can have his/her license
suspended until they turn 18 years of age. The bill also provides
that the court may order that a juvenile be sent to a youth development
center for 60 days if they violate probation stemming from a delinquent
act due to the commission of another delinquent act, or if the crime
that he/she commits would be either a felony or a misdemeanor of
a high and aggravated nature (if it involves injury or harm or a
high likelihood of injury or harm) if it were committed by an adult.
The bill further provides that the Department of Juvenile Justice
in conjunction with the Council of Juvenile Court Judges shall establish
and monitor a graduated alternative sanctions program. Effective
Date: April 25, 2005 Signed by Governor on April 25, 2005
SB 141 - Gambling; prohibit pyramid promotional schemes; definitions;
penalties This bill deals specifically with pyramid schemes; it
tightens the definition of a pyramid scheme. The bill struck the
previous code section relating to chain letters, pyramid schemes,
and like groups as lotteries. Any person who participates in a pyramid
promotional scheme shall be guilty of a misdemeanor of a high and
aggravated nature. Any person who establishes, promotes, or operates
a pyramid promotional scheme shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less
than one nor more than five years. Effective Date: May 2, 2005 Signed
by Governor on May 2, 2005
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