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HB 1649 - Torts; alienation of affections; create; damages

Joyce, Brian D (1st)

Status Summary	HC:	Judy	SC:		FR:	03/03/00	LA:	03/06/00	H - Read 2nd Time

First Reader Summary

A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to create and define a tort of alienation of affections; to provide that proof of certain conduct shall be considered in calculating damages; and for other purposes.

Code Sections - 51-1-17

HB 1649                                            LC 22 3867 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 1 of Title 51  of the Official Code of 
  1- 2  Georgia Annotated, relating to general provisions relative 
  1- 3  to torts, so as to create and define a tort of alienation of 
  1- 4  affections; to provide that proof of certain conduct shall 
  1- 5  be considered in calculating damages; to provide for an 
  1- 6  effective date and for applicability; to repeal conflicting 
  1- 7  laws; and for other purposes. 
 
  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 9                           SECTION 1. 
 
  1-10  Chapter 1 of Title 51  of the Official Code of Georgia 
  1-11  Annotated, relating to general provisions relative to torts, 
  1-12  is amended by striking in its entirety Code Section 
  1-13  51-1-17,relating to the abolishing of certain torts, and 
  1-14  inserting in its place the following: 
 
  1-15    "51-1-17. 
 
  1-16    Adultery, alienation of affections, or criminal 
  1-17    conversation with a wife or husband shall not give a right 
  1-18    of action to the person's spouse. Rights of action for 
  1-19    adultery, alienation of affections, or criminal 
  1-20    conversation are abolished. A married person shall have a 
  1-21    cause of action in tort for damages arising from the 
  1-22    alienation of the affections of his or her spouse against 
  1-23    a person who, acting with knowledge of the marriage and 
  1-24    with intent to cause the alienation of the affections of 
  1-25    the spouse, follows a course of action calculated to 
  1-26    deprive the plaintiff of the consortium, conjugal 
  1-27    companionship, company, cooperation, and aid of the spouse 
  1-28    by persuasion or seduction of the plaintiff's spouse or 
  1-29    other wrongful conduct.  An action for alienation of 
  1-30    affections shall not require proof of adultery with 
  1-31    plaintiff's spouse or abducting or harboring plaintiff's 
  1-32    spouse, but proof of such conduct shall be considered as 
  1-33    aggravating factors in calculating damages for alienation 
  1-34    of affections." 
 
 
 
                                 -1- 
 
 
 
  2- 1                           SECTION 2. 
 
  2- 2  This Act shall become effective on July 1, 2000, and shall 
  2- 3  apply to conduct done on or after such date. 
 
  2- 4                           SECTION 3. 
 
  2- 5  All laws and parts of laws in conflict with this Act are 
  2- 6  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-