O.C.G.A.

O.C.G.A. § 16-15-2 (2019)

Legislative findings and intent

✓ 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) The General Assembly finds and declares that it is the right of every person to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individu752

als. It is not the intent of this chapter to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The General Assembly recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to associate lawfully with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process. (b) The General Assembly, however, further finds that the State of Georgia is in a state of crisis which has been caused by violent criminal street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods. These activities, both individually and collectively, present a clear and present danger to public order and safety and are not constitutionally protected. (c) The General Assembly finds that there are criminal street gangs operating in Georgia and that the number of gang related murders is increasing. It is the intent of the General Assembly in enacting this chapter to seek the eradication of criminal activity by criminal street gangs by focusing upon criminal gang activity and upon the organized nature of criminal street gangs which together are the chief source of terror created by criminal street gangs. (d) The General Assembly further finds that an effective means of punishing and deterring the criminal activities of criminal street gangs is through forfeiture of the profits, proceeds, and instrumentalities acquired, accumulated, or used by criminal street gangs.

History

Code 1981, § 16-15-2, enacted by Ga. L. 1992, p. 3236, § 1; Ga. L. 1995, p. 933,

§ 13; Ga. L. 1996, p. 6, § 16; Ga. L. 1998, p. 270, § 8; Ga. L. 2010, p. 230, § 1/HB 1015.

Annotations

JUDICIAL DECISIONS Tort action for damages from injuries received from gang activity. - Trial court did not err denying the property owners’ motion to dismiss a tenant’s claims seeking damages for injuries the tenant received in a shooting at the tenant’s apartment complex because the Georgia Street Gang Terrorism and Prevention Act, O.C.G.A. § 16-15-1 et seq., provided a cause of action for treble damages to persons

injured by reason of criminal gang activity and the tenant made sufficient allegations in the complaint that the tenant received a violent injury from the type of conduct the Act contemplated. Star Residential, LLC v. Hernandez, 354 Ga. App. 629, 841 S.E.2d 392, 2020 Ga. App. LEXIS 208 (2020), rev’d, 311 Ga. 784, 860 S.E.2d 726, 2021 Ga. LEXIS 482 (2021), vacated in part, 363 Ga. App. 461, 871 S.E.2d 462, 2022 Ga. App. LEXIS 173 (2022).

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2009–2021 · leading case: Star Residential, LLC v. Hernandez, 860 S.E.2d 726 (Ga. 2021).
Star Residential, LLC v. Hernandez, 860 S.E.2d 726 (Ga. 2021). · cites it 18× “Accordingly, the Court of Appeals determined that whether Hernadez’s cause of action was “consistent with the intent set forth in OCGA § 16-15-2 [was] not a threshold issue for courts to resolve,” and that the court had to “give effect to that policy choice” of the General…”
Rodriguez v. State, 671 S.E.2d 497 (Ga. 2009). · cites it 4× “It is the intent of the General Assembly in enacting this chapter to seek the eradication of criminal activity by street gangs by focusing upon patterns of criminal gang activity and upon the organized nature of street gangs which together are the chief source of terror created…”
Nolley v. the State, 782 S.E.2d 446 (Ga. Ct. App. 2016). · cites it 2× “Legislative intent to exercise this power in OCGA § 16-15-4 (m) of the Street Gang Act is expressed in OCGA § 16-15-2 (b) and (c) of the Act which provides: The General Assembly.”
Star Residential, LLC v. Manuel Hernandez (Ga. Ct. App. 2020). · cites it 8× “11 Thus, whether the present action is consistent with the intent set forth in OCGA § 16-15-2 is not a threshold issue for courts to resolve,12 particularly at the motion to dismiss stage, and we must give effect to that policy choice.”
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.