Georgia Code, Volume 01, 2013 Supplement

2013·9.9 MB·English

by  State of Georgia

OFFICIAL CODE OF GEORGIA
ANNOTATED
2013 Supplement
IncludingActs ofthe 2013 Regular Session ofthe General Assembly
Prepared by
The Code Revision Commission
The Office ofLegislative Counsel
and
The Editorial Staff ofLexisNexis®
Published Under Authority ofthe State ofGeorgia
Volume
1
2007 Edition
Constitution ofthe United States
IncludingAnnotations to the Georgia Reports
and the GeorgiaAppeals Reports
Place in Pocket of Corresponding Volume of
Main Set
LexisNexis®
Charlottesville, Virginia
Copyright © 2008—2013
BY
The State of Georgia
All rights reserved.
ISBN 978-0-327-11074-3 (set)
ISBN 978-1-4224-3824-4
5012130
(Pub.41805)
THIS SUPPLEMENT CONTAINS
Statutes:
All laws specifically codified by the General Assembly ofthe State of
Georgia through the 2013 Regular Session ofthe General Assembly.
Annotations of Judicial Decisions:
Case annotations reflecting decisions posted to LexisNexis® through
March 29, 2013. These annotations will appear in the following tradi-
tional reporter sources: Georgia Reports; Georgia Appeals Reports;
Southeastern Reporter; Supreme Court Reporter; Federal Reporter;
Federal Supplement; Federal Rules Decisions; Lawyers' Edition;
United States Reports; and Bankruptcy Reporter.
Annotations ofAttorney General Opinions:
Constructions ofthe Official Code ofGeorgia Annotated, prior Codes
ofGeorgia, Georgia Laws, the Constitution ofGeorgia, and the Consti-
tution of the United States by the Attorney General of the State of
Georgia posted to LexisNexis® through March 29, 2013.
OtherAnnotations:
References to:
Emory Bankruptcy Developments Journal.
Emory International Law Review.
Emory Law Journal.
Georgia Journal of International and Comparative Law.
Georgia Law Review.
Georgia State University Law Review.
Mercer Law Review.
Georgia State Bar Journal.
Georgia Journal of Intellectual Property Law.
American Jurisprudence, Second Edition.
American Jurisprudence, Pleading and Practice.
American Jurisprudence, ProofofFacts.
American Jurisprudence, Trials.
Corpus Juris Secundum.
Uniform Laws Annotated.
American Law Reports, First through Sixth Series.
American Law Reports, Federal.
Tables:
In Volume 41, a Table Eleven-A comparing provisions of the 1976
Constitution ofGeorgia to the 1983 Constitution ofGeorgia and a Table
Eleven-B comparing provisions of the 1983 Constitution of Georgia to
the 1976 Constitution of Georgia.
An updated version of Table Fifteen which reflects legislation
through the 2013 Regular Session ofthe General Assembly.
iii
Indices:
A cumulative replacement index to laws codified in the 2013 supple-
ment pamphlets and in the bound volumes ofthe Code.
Contacting LexisNexis®:
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IV
CONSTITUTION OF THE UNITED STATES OF
AMERICA
[Preamble]
We the People of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquihty, provide for the
common defence, promote the general Welfare, and secure the Bless-
ings ofLiberty to ourselves and our Posterity, do ordain and establish
this Constitution for the United States ofAmerica.
JUDICIAL DECISIONS
Code 1933, § 79A-907 (see Blincoe v. State, 231 Ga. 886, 204 S.E.2d
§ 16-13-30), is not subject to constitu- 597 (1974).
tional attack under this section.
ARTICLE
I.
Section 4.
[Elections ofSenators and Representatives, Meetings]
—
Law reviews. For comment, "Be- Credit, Public Policy, and State Records,"
tween Judgment and Law: Full Faith and see 62 Emory L.J. 639 (2013).
Section 8.
[Powers ofCongress]
—
Law reviews. For note. States are Foreign States: Why Foreign
"DaimlerChrysler v. Cuno: The Supreme State-Owned Corporations Are Not Per-
CourtHitstheBrakesonDeterminingthe sons Under the Due Process Clause," see
Constitutionality of Investment Incen- 45 Ga. L. Rev. 913 (2011). —
tives Given by States to CorporateAmer- For comment, "Pay What You Like
ica," see 58 Mercer L. Rev 1411 (2007). No, Really: Why Copyright Law Should
For note, "Rethinking the Role and Regu- Make Digital Music Free for Noncommer-
lation of Private Military Companies: cial Uses,"see 58 Emory L.J. 1495 (2009).
Whatthe United States and United King- Yot comment, "Lawless by Design: Juris-
mdotmheCaWnarLeoanrTnerfrroor,m"Ssheear3e9dGEax.pJe.riInetn'cle&s dCiocutnitorny.,"Gseenede5r9 EamnodryJuLs.tJi.ce151i5n (I2n0d10i)a.n
Comp. L. 445 (2011). For note, "Foreign
JUDICLU. DECISIONS
Analysis
Commerce
3. Power of State to Regulate
2013 Supp.
Art. 1, § 8 CONSTITUTION OF THE UNITED STATES Art. 1, § 10
Commerce government could be directed toward any
3. Power ofState to Regulate npruomtbecetrioonfislme;gitthiematceougnotaylshuandrecloantceedrntso
County's one-landfill policy un—der regarding, interalia, the costs and financ-
solid waste management plan. A ingofmorethanonelandfill. R&JMurray,
county's one-landfill policy under its solid LLC V. Murray County 282 Ga. 740, 653
waste management plan was not eco- S.E.2d 720 (2007), cert, denied, 553 U.S.
nomic protectionism violative ofthe Com- 1053, 128 S. Ct. 2476, 171 L. Ed. 2d 767
merce Clause oftheUnited States Consti-
(2008).
tution, because laws favoring local
Section 9.
[Limitations upon Powers ofCongress]
JUDICIAL DECISIONS
Analysis
Ex Post Facto Laws
Ex Post Facto Laws Amendmentofforciblerape statute
meant indictment within statute of
Improper sentence when —
pre-amendment version of sexual limitations. With regard to a defen-
— dant's conviction for forcible rape of the
battery statute cited. Defendant's
sentence to five years imprisonment pur- defendant'schildduringthetimethechild
suant to the amended version ofO.C.G.A. was 13 through 15 years ofage, the trial
§ 16-6-22.1, with regard to defendant's court correctly concluded that the state
conviction for sexual battery against a had 15 years from thevictim's 16th birth-
child under the age of 16 years, without dayonJanuary 12, 1995, oruntilJanuary
specific jury finding that conduct for 12, 2010, to prosecute the case noting the
which defendant was convicted occurred extensionofthe statute oflimitationto 15
after the amendment, was erroneous and years as to forcible rape by the 1996
required defendant's sentence to be va- amendment to O.C.G.A. § 17-3-1; there-
cated and remanded to the trial court for fore, no ex post facto violation occurred
resentencing; trial court should have re- since the indictmentwas filed onJanuary
quiredspecialverdictformthataddressed 8, 2008. Duke v. State, 298 Ga. App. 719,
both defendant's pre-amendment and 681 S.E.2d 174 (2009), cert, denied. No.
post-amendmentconducttoavoidapoten- S09C1866, 2010 Ga. LEXIS 31 (Ga. 2010).
tial ex post facto violation. Forde v. State,
289 Ga. App. 805, 658 S.E.2d 410 (2008).
Section 10.
[Restrictions upon Powers ofStates]
JUDICIAL DECISIONS
Analysis
Ex Post Facto Laws
2. Criminal
Impairment of Contracts
2013 Supp.
Art. 1, § 10 CONSTITUTION OF THE UNITED STATES Art. 3, § 1
Ex Post Facto Laws Decision to award a limited liability
2 Criminal company fee simple title in real property
did not violate the contract impairment
Requirement to renew registratio—n clauses in U.S. Const., Art. I, Sec. X and
as sex offender not ex post facto. q^. Const. 1983,Art. I, Sec. I, Para. Xas a
Defendant's conviction for violating corporation'srightstothe propertypursu-
O.C.G.A. § 42-l-12(e)(3) as a result of anttoa 1984taxdeedhadnotvestedprior
failing to renew the defendants re^stra- ^^ ^^^ ^^^^^^^^ ^^^^ ^^^ ^^g^ amendment
tion as a sex offender was upheld on
appeal as the requirement to register as a ofO.C.G.A. § 48-4-48,whichoperatedret-
ssueixtueadlionffaenndeewr curnidmeeru§nd4e2r-M§2(4e2)-(l-31)2(rne)- ^T^^^^''^u^^r"'"' ^2^8^^ C^^^-^^' 8^^7^^^S'F^'2^d^ f^o^^.^^
andwasnotanexpostfactolaw. Frazierv. (^t)^")-
State, 284 Ga. 638, 668 S.E.2d646 (2008).
Impairment ofContracts
X
U.S. Const., Art. I, Sec. is re-
stricted to the protection of vested
rights, etc.
ARTICLE
II.
Section 1.
[Executive Power, Election, Qualifications ofthe President]
—
Law reviews. For article, "State tiveBranchGenerally,"see29Ga. St.U.L.
Government: Organization of the Execu- Rev. 162 (2012).
Section 2.
[Powers ofthe President]
RESEARCH REFERENCES
—
ALR. Construction and application Constitution,Article II, Section 2, cl. 2, 59
of appointments clause of United States ALR Fed. 2d 1.
ARTICLE
III.
—
Law reviews. For article, "Limiting Animal Law Cases," see 45 Ga. L. Rev. 1
Article III Standing to 'Accidental' Plain- (2010).
tiffs: Lessons from Environmental and
Section 1.
[Judicial Power, Tenure ofOffice]
—
Law reviews. For article, "Agencies vided Supreme Court,"see 61 EmoryL. J.
Interpreting Courts Interpreting Stat- 1 (2011).
utes: The Deference Conundrum ofa Di-
2013 Supp. 3
Art. 3, § 2 CONSTITUTION OF THE UNITED STATES Art. 6
Section 2.
[Jurisdiction]
—
Law reviews. For comment, "Inap- For note, "Foreign States are Foreign
propriate Forum or Inappropriate Law?A States: Why Foreign State-Owned Corpo-
Choice of Law Solution to the Jurisdic- rations Are Not Persons Under the Due
tionalStandoffBetweentheUnitedStates Process Clause," see 45 Ga. L. Rev. 913
and Latin America," see 60 Emory L.J. (2011).
1437 (2011).
ARTICLE
IV.
Section 1.
[Faith and Credit among States]
JUDICIAL DECISIONS
Analysis
General Consideration
General Consideration determination regarding whether the fo-
^ . ^. ^ precl1 ud,edJ,basedJ on rum selection clause in the parties'agree-
"" ^^^^ precluded the filing of an FBPA
noU\^7'
"""court ofappeals erred in ruling that a ^^^^^ ^^ Oeovg,^, there was no public
physician's claims that a limited liability P^^^^ exception to the Full Faith and
company(LLC)violatedtheFairBusiness ^^^^i^ ^^^^s^' ^^^ the Texas judgment
Practices Act (FBPA) O.C.G.A. ^^^^ ^^ *"^ merits of, and adversely con-
§ 10-l-399(b), were not barred by res t^ro^lled, the physician's claim that the fo-
judicatabecausethephysicianwasbarred selection clause was inapphcable to
by a Texasjudgment from filing an FBPA an FBPA claim. Amerireach.com, LLC v.
claim against the LLC in Georgia, and a Walker, 290 Ga. 261, 719 S.E.2d 489
Georgia court could not make its own (2011).
Section 2.
[Privileges and Immunities, Fugitives]
—
Lawreviews. Forarticle, "TheOrig- nities Clause," see 43 Ga. L. Rev. 1117
inal Meaningofthe Privileges and Immu- (2009).
ARTICLE
VI.
[Debts, Supremacy, Oath]
—
Law reviews. For annual surveyon
productliability, see64MercerL. Rev. 231
(2012).
4 2013 Supp.
Art. 6 AMENDMENTS TO THE CONSTITUTION Amend. 1
AMENDMENTS TO THE CONSTITUTION
[Amendment
I]
[Freedom ofReligion, ofSpeech, and ofthe Press]
—
Cross references. Adult's reliance 321 (2010). For article, "The Future of
on prayer or religious nonmedical means Music: Reconfiguring Public Performance
oftreatment ofdep—endent, § 15-11-107. Rights," see 17 J. Intell. Prop. L. 207
Law reviews. For article, "Shame, (2010). For article, "Practice Point: Right
Rage and Freedom ofSpeech: Should the ofPublicity: APractitioner's Enigma,"see
United States Adopt European 'Mobbing' 17 J. Intell. Prop. L. 351 (2010). For arti-
Laws?," see 35 Ga. J. Int'l & Comp. L. 53 cle, "Religious Symbols on Government
(2006). For article, "The Foundations and Property: Lift High the Cross? Contrast-
Frontiers of Religious Liberty: A Sympo- ing the New European and American
sium Convened by The Center for the Cases on Religious S3niibols on Govern-
Study ofLaw and Religion at Emory Uni- ment Property,"see 25 Emory Int'l L. Rev
versity Sponsored by The Henry R. Luce 5 (2011). For article, "Noah's Curse: How
Foundation,"see 21 EmoryInt'l L. Rev 43 Religion Often Conflates Status, Believe,
(2007). For article, "Freedom ofthe Press and Conduct to ResistAntidiscrimination
2.0," see 42 Ga. L. Rev 309 (2008). For Norms,"see 45 Ga. L. Rev 657 (2011). For
article, "Advancing the Consensus: 60 article,"DeportingFamilies: LegalMatter
Years ofthe Universal Declaration ofHu- orPoliticalQuestion?,"see27 Ga. St.U. L.
man Rights: Defamation ofReligions: The Rev 489 (2011). For article, "Bullying in
End ofPluralism?," see 23 Emory Int'l L. Public Schools: The Intersection Between
Rev 69 (2009). Forarticle, "Constitutional the Student's Free Speech Rights and the
Narratives: Constitutional Adjudication School's DutytoProtect,"see 62 MercerL.
on the Religion Clauses in Australia and Rev 407 (2011). For article, "The Consti-
Malaysia," see 23 Emory Int'l L. Rev. 437 tutional Right not to Kill," see 62 Emory
(2009). For article, "Religious Freedom, L.J. 121 (2012). For article, "State Gov-
Democracy, and International Human ernment: Open and Public Meetings," see
Rights," see 23 Emory Int'l L. Rev 583 29 Ga. St. U.L. Rev 139 (2012). For arti-
(2009). For article, "Sex In and Out of cle, "Public Officers and Employees: Divi-
Intimacy," see 59 Emory L.J. 809 (2010). sion ofArchives and History," see 29 Ga.
For article, "The Most Important (and St. U. L. Rev 214 (2012). For annual
Best) Supreme Court Opinions and Jus- survey on criminal law, see 64 Mercer L.
tices," see 60 Emory L.J. 408 (2010). For Rev. 83 (2012). For annual survey on local
article, "A New Conception of Israeli governmentlaw, see64MercerL. Rev. 213
Grundnorm: The Jewish Immigration (2012). For annual survey on real prop-
'Trump Card' as the Solution to the erty, see 64 MercerL. Rev 255 (2012). For
Falasha Mura Exception," see 24 Emory article, "Practice Point: You Look Compli-
Int'l L. Rev 357 (2010). For article, "Ter- catedToday: RepresentinganIllegalGraf-
rorism, HistoricalAnalogies, and Modern fiti Artist in a Copyright Infringement
Choices," see 24 Emory Int'l L. Rev 589 Case Against a Major International Re-
(2010). Forarticle, "'I'mNotGay, M'Kay?': tailer,"see 20 J. Intell. Prop. L. 75 (2012).
Should Falsely Calling Someone a Homo- Forarticle, "NarrativePluralismandDoc-
sexualbeDefamatory?,"see44Ga. L. Rev. trinal Incoherancein Hosanna-Tabor,"see
739 (2010). For article, "Defense Against 64 Mercer L. Rev 405 (2013).
Outrage andthe Perils ofParasiticTorts," For note, "Balancing the First Amend-
see 45 Ga. L. Rev 107 (2010). For article, mentAnd Child Protection Goals in Legal
"Contrasting Concurrences of Clarence Approaches to Restricting Children's Ac-
Thomas: Deploying Originalism and Pa- cess to Violent Video Games: A Compari-
ternalism in Commercial and Student son of Germany And the United States,"
Speech Cases," see 26 Ga. St. U. L. Rev see 34 Ga. J. Int'l & Comp. L. 743 (2006).
2013 Supp.
Amend. 1 CONSTITUTION OF THE UNITED STATES Amend. 1
For note, "Learning Lessons from ment, "Drafting Glitches in the Religious
Multani: Considering Canada's Response Liberty and Charitable Donation Protec-
to Religious Garb Issues in Public tionAct of1998: Amend § 548(A)(2) ofthe
Schools," see 36 Ga. J. Int'l & Comp. L. Bankruptcy Code," see 24 Bank. Dev. J.
159 (2007). For note, "Official, National, 159 (2008). For comment, "GagMe with a
Common or Unifying: Do Words Giving Rule of Ethics: BAPCPA's Gag Rule and
Legal Status to Language Diminish Lin- the Debtor Attorney's Right to Free
guisticHumanRights?,"see 36 Ga. J. Int'l Speech," see 24 Bank. Dev J. 227 (2008).
& Comp. L. 221 (2007). For note, "The For comment, "Comment: Is Worship a
'Scope ofa Student': How toAnalyze Stu- Unique Subject or a Way ofApproaching
dent Speech in the Age of the Internet," ManyDifferent Subjects?: TwoRecentDe-
see 42 Ga. L. Rev. 1127 (2008). For cisionsthatAttempttoAnswerThis Ques-
casenote, "Signed,YourCoach: Restricting tion Set the Second and Ninth Circuits on
Speech in Athletic Recruiting in Tennes- a Course Toward State Entanglement
see Secondary School Athletic Ass'n v. WithReligion,"see 59MercerL. Rev 1319
Brentwood Academy," see 59 Mercer L. (2008). For comment, "'An Era ofHuman
Rev 1027 (2008). For note, "ABridge Too Zoning': Banning Sex Offenders from
Far? Directive 1344.10 and the Military's Communities Through Residence and
Inroads on Core Political Speech in Cam- Work Restrictions," see 57 Emory L.J.
paign Media," see 44 Ga. L. Rev. 837 1347 (2008). For comment, "'Just Say No'
(2010). For note, "Defending Against a to Pro-Drug and Alcohol Student Speech:
Charge of Obscenity in the Internet Age: The Constitutionality of School Prohibi-
How Google Searches Can Illuminate tions of Student Speech Promoting Drug
Miller's 'Contemporary Community Stan- andAlcohol Use,"see 57 Emory L.J. 1259
dards'," see 26 Ga. St. U. L. Rev 1029 (2008). For comment, "Blessed be the
(2010). For note, "The Thrill of Victory, Name of the Code: How to Protect
and theAgony ofthe Tweet: Online Social Churches from TitheAvoidance under the
Media, the Non-Copyrightability of Bankruptcy Code's Fraudulent Transfer
Events, and How toAvoid a Looming Cri- Law," see 25 Emory Bankr. Dev. J. 599
sis by Changing Norms," see 17 J. Intell. (2009). For comment, 'Tou've Got Libel:
Prop. L. 445 (2010). How the Can-SpamAct Delivers Defama-
For comment, "Thou Shalt Not Reorga- tion Liability to Spam-Fighters and Why
nize: Sacraments for Sale First Amend- the First Amendment Should Delete the
ment Prohibitions and Other Complica- Problem," see 58 Emory L.J. 1013 (—2009).
tions of Chapter 11 Reorganization for For comment, "Pay WhatYou Like No,
Religious Institutions," see 22 Bank. Dev. Really: Why Copyright Law Should Make
J. 293 (2005). For comment, "It's Still Digital Music Free for Noncommercial
Good to be the King: An Argument for Uses,"see 58 EmoryL.J. 1495 (2009). For
Maintaining the Status Quo in Foreign comment, "I Object: The RLUIPA as a
Head of State Immunity," see 21 Emory Model for Protecting the Conscience
Int'l L. Rev 413 (2007). For comment, Rights ofReligious Objectors to Same-Sex
"Implementation ofthe UKTerrorismAct Relationships," see 59 Emory L.J. 259
2006 - The Relationship Between Coun- (2009). For comment, "Protecting Preach-
terterrorism Law, Free Speech, and the ers from Prejudice: Methods for Improv-
Muslim Community in the United King- ingAnalysis ofthe Ministerial Exception
dom versus the United States," see 21 to Title VII," see 59 Emory L.J. 1297
Emory Int'l L. Rev. 711 (2007). For com- (2010). For comment, "When News
ment, "Unexcused Absence: Why Public Doesn't Want to be Free: Rethinking 'Hot
SchoolsinReligiouslyPlural SocietyMust News' to Help Counter Free Riding on
Save a Seat for Religion in the Curricu- Newspaper Content Online," see 60 Em-
lum," see 56 Emory L.J. 1431 (2007). For ory L.J. 537 (2010). For comment, "You
comment, "The Case for the Selective Better Smile When You Say 'Cheese!':
Disincorporation of the Establishment Whetherthe Photograph Requirementfor
Clause: Is Everson a Super-Precedent?," Drivers' Licenses Violates the Free Exer-
see 56 Emory L.J. 1701 (2007). For com- cise Clause ofthe First Amendment," see
2013 Supp.