06 LC 29
2093S/AP
House
Bill 804 (AS PASSED HOUSE AND SENATE)
By:
Representatives Ralston of the
7th
and Willard of the
49th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and
offenses, so as to repeal the offense of barratry; to correct cross-references;
to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
16 of the Official Code of Georgia Annotated, relating to crimes and offenses,
is amended by striking Code Section 16-10-95, relating to barratry, and
inserting in lieu thereof the following:
"16-10-95.
(a)
A person commits the offense of barratry when he knowingly and willfully commits
any of the following acts:
(1)
Excites and stirs up groundless actions in the courts or quarrels in
administrative proceedings;
(2)
Institutes or causes to be instituted a legal proceeding without obtaining
proper authorization; or
(3)
Solicits or encourages the institution of a judicial or administrative
proceeding or offers assistance therein before being consulted by a complainant
in relation thereto.
(b)
A person convicted of the offense of barratry shall be punished by a fine of not
more than $5,000.00 or by imprisonment for not less than one nor more than five
years, or both.
Reserved."
SECTION
2.
Said
title is further amended by striking division (9)(A)(xv) of Code Section
16-14-3, relating to definitions relative to the "Georgia RICO (Racketeer
Influenced and Corrupt Organizations) Act," and inserting in lieu thereof the
following:
"(xv)
Article 4 of Chapter 10 of this title and Code Sections 16-10-20, 16-10-23,
and
16-10-91,
and
16-10-95, relating to perjury and other
falsifications;"
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.