Jurisdiction Over Certain Cases Involving Litter

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  2. Georgia Code
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  4. Magistrate Courts
  5. General Provisions
  6. Jurisdiction Over Certain Cases Involving Litter

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  1. Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the magistrate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations.
  2. A magistrate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled.

(Code 1981, §15-10-2.1, enacted by Ga. L. 2006, p. 275, § 3-6/HB 1320.)

Editor's notes.

- This Code section was based on Code 1981, § 15-10-2.1, enacted by Ga. L. 1983, p. 884, § 2-1. The Code section continued, until July 1, 1985, the jurisdiction of those magistrate courts which as of June 30, 1983, had jurisdiction over misdemeanor cases and over enforcement of municipal ordinances. Subsection (b) of the Code section provided for its repeal effective July 1, 1985, but provided that any case in which a court assumed jurisdiction under the Code section prior to July 1, 1985, may be retained for disposition by that court after that date.

Ga. L. 1985, p. 352, § 1, repealed former Code Section15-10-2.1, pertaining to continuation of certain existing magistrate courts. The former Code section was based on Code 1981, § 15-10-2.1, enacted by Ga. L. 1983, p. 884, § 2-1.

Ga. L. 2006, p. 275, § 5-1/HB 1320, not codified by the General Assembly, provides that the Act shall become effective April 21, 2006, for purposes of adopting local ordinances to become effective on or after July 1, 2006.

Ga. L. 2006, p. 275, § 1-1/HB 1320, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Comprehensive Litter Prevention and Abatement Act of 2006."'


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