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HB 153 - Magistrate courts; ordinances; criminal trespass; imprisonment

Porter, DuBose (143rd)	Campbell, Jr, Thomas R (42nd)

Status Summary	HC:	Judy	SC:	Judy	FR:	01/25/99	LA:	03/08/00	S - Read 1st Time (CS )

First Reader Summary

A BILL to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts and violations of ordinances of counties and state authorities, and Code section 16-7-21 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass, so as to authorize magistrate courts to impose 12 months' imprisonment for violations of county ordinances and ordinances of state authorities; and for other purposes.

Code Sections - 15-10-60

HB 153                                            LC 22 3997S 
 
               ______________________________ offers the following 
      substitute to HB 153: 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 4 of Chapter 10 of Title 15 of the Official 
  1- 2  Code of Georgia Annotated, relating to magistrate courts and 
  1- 3  violations of ordinances of counties and state authorities, 
  1- 4  so as to authorize suspended sentences; to provide for 
  1- 5  service of a suspended sentence after hearing and finding 
  1- 6  that the offender has failed or refused to comply with the 
  1- 7  terms and conditions for suspension; to provide for such 
  1- 8  service to begin within one year from the date of the 
  1- 9  sentence; to repeal conflicting laws; and for other 
  1-10  purposes. 
 
  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-12                           SECTION 1. 
 
  1-13  Article 4 of Chapter 10 of Title 15 of the Official Code of 
  1-14  Georgia Annotated, relating to magistrate courts and 
  1-15  violations of ordinances of counties and state authorities, 
  1-16  is amended by striking in its entirety Code Section 
  1-17  15-10-60, relating to applicability of the article, and 
  1-18  inserting in lieu thereof the following: 
 
  1-19    "15-10-60. 
 
  1-20    (a) This article governs trials of violations of county 
  1-21    ordinances and ordinances of state authorities, which 
  1-22    violations may be punished by incarceration or monetary 
  1-23    penalty.  Nothing in this chapter shall grant to any 
  1-24    county or state authority more authority to enact or 
  1-25    enforce such ordinances than the county or state authority 
  1-26    has independently of this chapter.  The punishment imposed 
  1-27    for any ordinance violation shall not exceed a fine of 
  1-28    $1,000.00 or 60 days' imprisonment or both, except as 
  1-29    otherwise provided by general law, and shall not exceed 
  1-30    the maximum punishment specified by the ordinance. 
 
  1-31    (b) The trial court may suspend the service of the 
  1-32    sentence imposed in the case upon such terms and 
  1-33    conditions as it may prescribe for the payment of the 
  1-34    fine, for performance of community service in lieu of a 
 
 
                                 -1- 
 
 
 
  2- 1    fine or incarceration, for the payment of restitution to a 
  2- 2    victim, or other condition relating to the underlying 
  2- 3    offense.  Service of the sentence, when so suspended, 
  2- 4    shall not begin unless and until ordered by the court 
  2- 5    having jurisdiction thereof, after a hearing as in cases 
  2- 6    of revocation of probated sentences, because of the 
  2- 7    failure or refusal of the defendant to comply with the 
  2- 8    terms and conditions upon which service of a sentence was 
  2- 9    suspended.  Service of all or any part of any sentence 
  2-10    suspended upon such conditions may be ordered to commence 
  2-11    by the trial court any time before the expiration of one 
  2-12    year from the date of the sentence after a hearing and a 
  2-13    finding by the court that the defendant has failed or 
  2-14    refused to comply with the terms and conditions upon which 
  2-15    service of the sentence was suspended." 
 
  2-16                           SECTION 2. 
 
  2-17  All laws and parts of laws in conflict with this Act are 
  2-18  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-