Jurisdiction Over Certain Drug and Alcohol Offenses

1. Law
2. Georgia Code
3. Courts
4. Probate Courts
5. Jurisdiction, Power, and Duties
6. Jurisdiction Over Certain Drug and Alcohol Offenses

1. Subject to the provisions of subsection (c) of this Code section, in addition to any other jurisdiction vested in the probate courts, probate courts which have jurisdiction over misdemeanor traffic offenses in accordance with Code Section 40-13-21 shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for the following offenses:
   1. Possession of one ounce or less of marijuana, in accordance with Code Sections 16-13-2 and 16-13-30; and
   2. Any violation of paragraph (2) of subsection (a) of Code Section 3-3-23 which is punishable as a misdemeanor, but not violations punishable as high and aggravated misdemeanors.
2. The jurisdiction conferred by subsection (a) of this Code section shall be concurrent with other courts having jurisdiction over such violations.
3. A probate 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 probable 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, §15-9-30.6, enacted by Ga. L. 1996, p. 1298, § 1.)

Editor's notes.

- Ga. L. 1996, p. 1298, § 1, not codified by the General Assembly, provides that the amendment to this Code section applies to offenses which occur or are alleged to have occurred on or after July 1, 1996.

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