No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this part shall be competent as evidence in any criminal proceeding against any party.
(Code 1933, § 88-306a, enacted by Ga. L. 1975, p. 693, § 1; Ga. L. 2009, p. 453, § 3-1/HB 228.)
RESEARCH REFERENCES
C.J.S.
- 39A C.J.S., Health and Environment, §§ 85, 85, 86.
PART 2 INJUNCTIONS
37-1-90. Injunctions for the purpose of enjoining violations of the provisions of this title.
The Department of Behavioral Health and Developmental Disabilities is empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of this title as now existing or as may be hereafter amended or of any regulation or order duly issued by the board or department. The department is also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the department in the county in which a violation of any provision of this title occurs.
(Code 1933, § 88-302, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1993, p. 1445, § 15; Ga. L. 2009, p. 453, § 3-1/HB 228.)
Editor's notes.- Ga. L. 1993, p. 1445, § 18.1, not codified by the General Assembly, provides: "Nothing in this Act shall be construed to repeal any provision of Chapter 5 of Title 37 of the Official Code of Georgia Annotated, the 'Community Services Act for the Mentally Retarded.' "
Ga. L. 1993, p. 1445, § 19, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 1994; provided, however, that provisions relating to the establishment of regional and community service board boundaries and the appointments of regional boards and community service boards shall become effective on July 1, 1993, or upon whatever date is stipulated in the Act and provided, further, that the provisions authorizing a county board of health to agree to serve as the lead county board of health for only that county shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval." The Act was approved by the Governor on April 27, 1993.
Ga. L. 1994, p. 437, § 12, effective July 1, 1994, not codified by the General Assembly, amends Ga. L. 1993, p. 1445, § 19.1 to except the 1993 amendment of this Code section from repeal on June 30, 1999.
JUDICIAL DECISIONS
Cited in Cobb County Health Dep't v. Henson, 226 Ga. 801, 177 S.E.2d 710 (1970); Cason v. Upson County Bd. of Health, 227 Ga. 451, 181 S.E.2d 487 (1971).
RESEARCH REFERENCES
Am. Jur. 2d.
- 39 Am. Jur. 2d, Health, §§ 43, 50.
C.J.S.- 39A C.J.S., Health and Environment, §§ 44, 51.
ALR.- Adequacy of defense counsel's representation of criminal client - issues of incompetency, 70 A.L.R.5th 1.
PART 3 CRIMINAL PENALTIES
37-1-100. Penalty for violations of the provisions of this title.
Any person violating the provisions of this title shall be guilty of a misdemeanor.
(Code 1933, § 88-301, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 2009, p. 453, § 3-1/HB 228.)
JUDICIAL DECISIONS
Cited in Culverhouse v. Atlanta Ass'n for Convalescent Aged Persons, 127 Ga. App. 574, 194 S.E.2d 299 (1972).
RESEARCH REFERENCES
C.J.S.
- 39A C.J.S., Health and Environment, § 88.
ALR.- Adequacy of defense counsel's representation of criminal client - issues of incompetency, 70 A.L.R.5th 1.
Adequacy of defense counsel's representation of criminal client - pretrial conduct or conduct at unspecified time regarding issues of insanity, 72 A.L.R.5th 109.
ARTICLE 6 BEHAVIORAL HEALTH REFORM AND INNOVATION COMMISSION
Effective date.
- This article became effective July 1, 2019.