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04 LC 14 8646
House Bill
1389
By: Representatives Greene-Johnson of the 60th, Post 3, Thompson of the 69th, Post 1, Stokes of the 72nd, Thomas of the 43rd, Post 1, Hugley of the 113th, and others
By: Representatives Greene-Johnson of the 60th, Post 3, Thompson of the 69th, Post 1, Stokes of the 72nd, Thomas of the 43rd, Post 1, Hugley of the 113th, and others
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Article 1 of Chapter 8 of Title 16 of the Official
Code of Georgia Annotated, relating to crimes involving theft, so as to define
and provide punishment for certain crimes relating to repairs or improvements to
real property; to require written contracts for certain contracts for repairs or
improvements; to define the crime of accepting or attempting to enforce
collection without a written contract; to define the crime of willfully failing
to complete a contract for repairs or improvements; to provide for penalties and
enforcement; to provide for related matters; to provide for an effective date
and applicability; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article 1 of Chapter 8 of Title 16 of the Official Code of
Georgia Annotated, relating to crimes involving theft, is amended by adding
after Code Section 16-8-15 a new Code Section 16-8-15.1 to read as
follows:
"16-8-15.1.
(a) Any contract for repairs or improvements to real property for the price of $500.00 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract has been made between the parties and signed by the party against whom enforcement is sought or by his or her authorized agent or broker.
(b) Any person who as the purported contractor or on behalf of the purported contractor accepts any payment for, or seeks to enforce payment of, a purported verbal contract to perform repairs or improvements to real property for the price of $500.00 or more shall upon conviction be guilty of a misdemeanor.
(c) Any person who as a contractor or purported contractor or on behalf of a contractor or purported contractor accepts or receives any funds for any repairs or improvements to real property and who willfully fails to complete or make a good faith attempt to complete such repairs or improvements shall upon conviction be guilty of a felony and be punished by imprisonment for not less than two nor more than ten years, except that if the funds received are less than $500.00, such person shall upon conviction be guilty of a misdemeanor.
(d) The provisions of Article 1 of Chapter 14 of Title 17 relative to restitution to their victims by those found guilty of crimes shall be liberally applied to make whole victims of the offenses defined in this Code section.
(e) No felony prosecution shall be commenced under subsection (c) of this Code section without proof of a written contract to perform the repairs or improvements.
(f) It shall be unlawful for any person who has been convicted of a felony offense under subsection (c) of this Code section to thereafter in any manner engage in this state in the business of providing repairs or improvements to real property. Any person who violates this subsection shall upon conviction be guilty of a felony and be punished by imprisonment for not less than two nor more than ten years.
(g) The offense specified subsection (c) of this Code section shall not be merged with the offense specified in Code Section 16-8-15, and neither offense shall be a lesser included offense of the other."
"16-8-15.1.
(a) Any contract for repairs or improvements to real property for the price of $500.00 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract has been made between the parties and signed by the party against whom enforcement is sought or by his or her authorized agent or broker.
(b) Any person who as the purported contractor or on behalf of the purported contractor accepts any payment for, or seeks to enforce payment of, a purported verbal contract to perform repairs or improvements to real property for the price of $500.00 or more shall upon conviction be guilty of a misdemeanor.
(c) Any person who as a contractor or purported contractor or on behalf of a contractor or purported contractor accepts or receives any funds for any repairs or improvements to real property and who willfully fails to complete or make a good faith attempt to complete such repairs or improvements shall upon conviction be guilty of a felony and be punished by imprisonment for not less than two nor more than ten years, except that if the funds received are less than $500.00, such person shall upon conviction be guilty of a misdemeanor.
(d) The provisions of Article 1 of Chapter 14 of Title 17 relative to restitution to their victims by those found guilty of crimes shall be liberally applied to make whole victims of the offenses defined in this Code section.
(e) No felony prosecution shall be commenced under subsection (c) of this Code section without proof of a written contract to perform the repairs or improvements.
(f) It shall be unlawful for any person who has been convicted of a felony offense under subsection (c) of this Code section to thereafter in any manner engage in this state in the business of providing repairs or improvements to real property. Any person who violates this subsection shall upon conviction be guilty of a felony and be punished by imprisonment for not less than two nor more than ten years.
(g) The offense specified subsection (c) of this Code section shall not be merged with the offense specified in Code Section 16-8-15, and neither offense shall be a lesser included offense of the other."
SECTION 2.
This Act shall become effective on October 1, 2004, and
shall apply only with respect to transactions entered into on or after that
date. Any transaction entered into prior to that date shall not be affected by
this Act and shall continue to be governed by prior law.
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.