When Award of Compensation Not to Be Recommended Generally; Limitations on Amounts; Action by General Assembly Upon Recommendations

  1. Law
  2. Georgia Code
  3. General Assembly
  4. Financial Affairs
  5. Claims Advisory Board
  6. Compensation of Persons for Injuries Sustained While Preventing Crime or Aiding Officers of the Law
  7. When Award of Compensation Not to Be Recommended Generally; Limitations on Amounts; Action by General Assembly Upon Recommendations

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  1. In no event shall the board recommend that compensation be awarded to:
    1. Any victim of a criminal act not provided for in Code Section 28-5-100;
    2. Anyone who:
      1. Is a spouse, parent, grandparent, child (natural or adopted), grandchild, brother, sister, half brother, half sister, or parent of the spouse of the offender;
      2. Was, at the time of the personal injury or death of the victim, living with the offender as a member of his or her family or household or maintaining a sexual relationship, whether illicit or not, with such person or with any member of the family of such person;
      3. Violated a penal law of this state which violation caused or contributed to his or her injuries or death; or
      4. Was injured as a result of the operation of a motor vehicle, boat, or airplane, unless the same was used as a weapon in a deliberate attempt to run the victim down;
    3. Any officer of the law injured in the performance of his or her official duties; or
    4. Any person who is or was at the time of the alleged loss an inmate in the custody of the Department of Corrections.
  2. No compensation shall be recommended by the board in an amount exceeding $5,000.00 per claim.
  3. The board shall, in an advisory way only, recommend to the General Assembly payment of compensation and the amount thereof; and the General Assembly shall act on such recommendation in accordance with law and the rules of the House and Senate for action upon such resolutions.

(Ga. L. 1967, p. 712, §§ 5, 7; Ga. L. 1999, p. 798, § 2.)

Law reviews.

- For article advocating the overhaul of the doctrines of official and sovereign immunity in Georgia, see 29 Mercer L. Rev. 303 (1977). For note analyzing sovereign immunity in this state and proposing implementation of a waiver scheme and creation of a court of claims pursuant to Ga. Const. 1945, Art. VI, Sec. V, Para. I (see now Ga. Const. 1983, Art. I, Sec. II, Para. IX), see 27 Emory L.J. 717 (1978).

RESEARCH REFERENCES

Am. Jur. 2d.

- 72 Am. Jur. 2d, States, Territories, and Dependencies, § 80 et seq.

C.J.S.

- 81A C.J.S., States, §§ 330, 331, 486 et seq., 492, 493, 495.


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