Except as specifically provided otherwise, as used in this title, the term:
History. Ga. L. 1921, p. 243, §§ 3, 5; Code 1933, §§ 27-504, 27-9903; Ga. L. 2012, p. 899, § 7-1/HB 1176; Ga. L. 2013, p. 222, § 17/HB 349; Ga. L. 2015, p. 422, § 5-62/HB 310.
The 2012 amendment, effective July 1, 2012, substituted the present provisions of this Code section for the former provisions, which read: “(a) No employee of a penal institution may give advice to an inmate regarding the name or the employment of an attorney at law in any case where the inmate is confined in a penal institution or receive any sum of money paid as fees or otherwise to attorneys at law in a criminal case or cases against any inmate with which they may be connected in any capacity.
“(b) Any person who violates this Code section shall be guilty of a misdemeanor.” See Editor’s notes for applicability.
The 2013 amendment, effective July 1, 2013, deleted former paragraph (1), which read: “ ‘Active supervision’ means the period of a probated sentence in which a probationer actively reports to his or her probation supervisor or is otherwise under the direct supervision of a probation supervisor.”; deleted former paragraph (2), which read: “ ‘Administrative supervision’ means the period of probation supervision that has reduced supervision and reporting requirements commensurate with and that follows active supervision but that is prior to the termination of a sentence.”; and redesignated former paragraphs (3) through (9) as present paragraphs (1) through (7), respectively. See Editor’s notes for applicability.
The 2015 amendment, effective July 1, 2015, substituted “42-3-111” for “42-8-151” in subparagraph (6)(F). See Editor’s notes for applicability.
Cross references.
Solicitation on behalf of attorneys generally, § 15-19-55 .
Editor’s notes.
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.”
Ga. L. 2013, p. 222, § 21/HB 349, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2013, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2013, shall be governed by the statute in effect at the time of such offense.”
Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: “This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date.”
Law reviews.
For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 290 (2012).
For article, “Appeal and Error: Appeal or Certiorari by State in Criminal Cases,” see 30 Ga. St. U. L. Rev. 17 (2013).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).
Structure Georgia Code
Chapter 1 - General Provisions
§ 42-1-4. Work-Release Programs for County Prisoners
§ 42-1-5. Use of Inmate for Private Gain
§ 42-1-9. Work-Release, Educational, and Habilitative Programs for County Prisoners
§ 42-1-10. Preliminary Urine Screen Drug Tests
§ 42-1-11. Notification of Crime Victim of Impending Release of Offender From Imprisonment
§ 42-1-11.2. Advice on Employment of Attorney Prohibited; Penalty
§ 42-1-11.3. Treatment of Pregnant and Postpartum Female Inmates