shall be subject to immediate termination of employment, restitution for the amount of the improper purchases, and criminal prosecution. Any person violating this subsection shall be guilty of a misdemeanor of a high and aggravated nature if the value of the items improperly purchased or retained is less than $500.00 in the aggregate and shall be guilty of a felony if the value of the items improperly purchased or retained is $500.00 or more in the aggregate and, upon conviction of such felony, shall be sentenced to not less than one nor more than 20 years’ imprisonment, a fine not to exceed $50,000.00, or both.
History. Code 1981, § 50-5-83 , enacted by Ga. L. 2008, p. 776, § 2/HB 1113; Ga. L. 2009, p. 8, § 50/SB 46; Ga. L. 2011, p. 387, § 1/HB 290.
The 2011 amendment, effective July 1, 2011, added paragraph (a)(1); redesignated former paragraphs (a)(1) and (a)(2) as present paragraphs (a)(2) and (a)(3), respectively; in paragraph (a)(3), deleted “departments or” preceding “agencies” in two places; in subsection (b), substituted “agency” for “department or agency of the state” throughout; substituted “Agencies” for “Departments and agencies of the state” at the beginning of paragraphs (b)(10) and (b)(11); deleted “by at least 10 percent by December 31, 2009” following “cards” at the end of paragraph (b)(11); deleted “department or” following “hiring” in paragraph (b)(12); in two places in paragraph (b)(13), deleted “departments and” preceding “agencies” and deleted “of the state” following “agencies”; and substituted “employee of an agency” for “employee of a department or agency of the state” in the introductory language of paragraph (c). See editor’s note for applicability.
Editor’s notes.
Ga. L. 2008, p. 776, § 4/HB 1113, not codified by the General Assembly, provides that this Code section shall apply to all transactions occurring on and after July 1, 2008.
Ga. L. 2011, p. 387, § 2/HB 290, not codified by the General Assembly, provides, in part, that the amendment to this Code section shall apply to offenses committed on or after July 1, 2011.
Structure Georgia Code
Chapter 5 - Department of Administrative Services
Part 1 - General Authority, Duties, and Procedure
§ 50-5-50. Purposes and Policies of Part
§ 50-5-51. Power, Authority, and Duty of Department
§ 50-5-52. Power to Examine Books, Records, and Papers; Report of Purchases
§ 50-5-53. Authorization to Employ Assistants, Fix Salaries, and Make Assignments
§ 50-5-54. Rules and Regulations to Be Made and Published
§ 50-5-55. Specified Purposes for Rules and Regulations
§ 50-5-56. Department to Establish Standard Contract Specifications
§ 50-5-58. Cases Where Purchases Through Department Not Mandatory
§ 50-5-59. State Agencies to Furnish Department Estimates and Inventories
§ 50-5-60.2. Use of Recycled Content Paper Products
§ 50-5-60.3. Use of Retreaded Tires
§ 50-5-64. Multiyear Contracts Authorized; Standard Form Provisions; What Funds Obligated; Interest
§ 50-5-64.1. Prohibited Terms in State Contracts
§ 50-5-65. Transfer of Personal Property Titles to Effectuate Lease Purchases; Authority; Form
§ 50-5-66. Department to Compile and Consolidate All Estimates
§ 50-5-68. Prequalification of Prospective Suppliers
§ 50-5-70. Purchases for County Boards of Education
§ 50-5-71. Emergency Purchases Authorized; Report of Circumstances
§ 50-5-75. Lease or Construction of Warehouse Space Authorized
§ 50-5-79. Purchase Contracts Contrary to Part Void and Officers Personally Liable
§ 50-5-83. Definitions; Requirements for State Purchasing Card Program