O.C.G.A.

O.C.G.A. § 15-9-30.6 (2019)

Jurisdiction over certain drug and alcohol offenses

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) 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. (b) The jurisdiction conferred by subsection (a) of this Code section shall be concurrent with other courts having jurisdiction over such violations. (c) 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.

History

Code 1981, § 15-9-30.6, enacted by Ga. L. 1996, p. 1298, § 1.

Annotations

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.

Notes of Decisions
Cited in 1 case, 1999–1999 · leading case: Puckett v. State, 521 S.E.2d 634 (Ga. Ct. App. 1999).
Puckett v. State, 521 S.E.2d 634 (Ga. Ct. App. 1999). · cites it 2× “However, when Puckett filed his motion requesting a jury trial, the municipal court was divested of jurisdiction over the state law offenses of DUI and failure to maintain a lane.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.