Jurisdiction; Penalties

  1. Law
  2. Georgia Code
  3. Courts
  4. Magistrate Courts
  5. Trials of Certain Misdemeanors
  6. Jurisdiction; Penalties

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  1. This article governs trials of misdemeanor violations of Code Sections 16-13-30, 16-13-2, 16-8-14, 16-8-14.1, 3-3-23, and 16-7-21.
  2. Magistrate courts are authorized to conduct trials and impose sentences for violations of misdemeanors specified in subsection (a) of this Code section; provided, however, that the violation must have occurred in the unincorporated area of the county.
  3. A person convicted of violation of a misdemeanor specified in subsection (a) of this Code section shall be punished as provided in paragraphs (1) through (4) of this subsection as follows:
    1. For possession of less than one ounce of marijuana, as provided in subsection (b) of Code Section 16-13-2;
    2. For misdemeanor theft by shoplifting, as provided in paragraph (1) of subsection (b) of Code Section 16-8-14;
    3. For misdemeanor refund fraud, as provided in paragraph (1) of subsection (b) of Code Section 16-8-14.1;
    4. For furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, as provided in Code Section 3-3-23.1; and
    5. For criminal trespass, as provided in subsection (d) of Code Section 16-7-21.
  4. The jurisdiction of magistrate courts to try and dispose of the misdemeanor violations enumerated in subsection (a) of this Code section shall be concurrent with the jurisdiction of any other courts having jurisdiction to try and dispose of such cases.

(Code 1981, §15-10-260, enacted by Ga. L. 2000, p. 1155, § 3; Ga. L. 2012, p. 899, § 8-2/HB 1176; Ga. L. 2014, p. 404, § 2-1/SB 382.)

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. 2014, p. 404, § 3-1/SB 382, not codified by the General Assembly, provides, in part, that this Act shall apply to all conduct occurring on or after July 1, 2014.

Law reviews.

- For article, "Should Georgia Change Its Misdemeanor Arrest Laws to Authorize Issuing More Field Citations? Can Alternative Arrest Process Help Alleviate Georgia's Jail Overcrowding and Reduce the Time Arresting Officers Expend Processing Nontraffic Misdemeanor Offenses?," see 22 Ga. St. U.L. Rev. 313 (2005). For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 290 (2012).


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