History. Code 1981, § 17-7-70.1 , enacted by Ga. L. 1992, p. 1808, § 1; Ga. L. 1996, p. 678, § 1; Ga. L. 1998, p. 208, § 1; Ga. L. 2012, p. 899, § 8-9/HB 1176; Ga. L. 2016, p. 186, § 7/HB 941; Ga. L. 2021, p. 423, § 3-3/HB 635.
The 2021 amendment, effective May 4, 2021, deleted “or” at the end of subparagraph (a)(1)(D); substituted “; or” for a period at the end of subparagraph (a)(1)(E); and added subparagraph (a)(1)(F); added “or when the accusation is to be used as the basis for the issuance of an arrest warrant” at the end of paragraph (a)(3); and substituted the existing provisions of subsection (a.1) for the former provisions, which read: “The provisions of subsection (a) of this Code section shall apply to violations of Code Section 16-13-30 whenever there has been a finding of probable cause pursuant to a commitment hearing under Article 2 of this chapter or the accused has waived either expressly or by operation of law the right to this hearing.”
Editor’s notes.
Ga. L. 1996, p. 678, § 2, not codified by the General Assembly, provides that the amendment by that Act is applicable to violations occurring on or after July 1, 1996.
Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act.”
Former subsection (a.1) was repealed by its own terms effective June 30, 2022.
Law reviews.
For review of 1998 legislation relating to criminal procedure, see 15 Ga. St. U.L. Rev. 96 (1998).
For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 290 (2012).
For article on the 2016 amendment of this Code section, see 33 Georgia St. U. L. Rev. 79 (2016).
For note, “Give It to Me, I’m Worth It: The Need to Amend Georgia’s Record Restriction Statute to Provide Ex-Offenders with a Second Chance in the Employment Sector,” see 52 Ga. L. Rev. 267 (2017).