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2018 Georgia Code 17-15-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-15-2 Case Law from Google Scholar Amendments to OCGA 17-15-2

TITLE 17 CRIMINAL PROCEDURE

Section 15. Victim Compensation, 17-15-1 through 17-15-16.

ARTICLE 2 DISTRIBUTION OF PROFITS OF CRIMES

17-15-2. Definitions.

As used in this chapter, the term:

  1. "Board" means the Criminal Justice Coordinating Council.
  2. "Claimant" means any person filing a claim pursuant to this chapter.
  3. "Crime" means:
    1. An act which is committed in this state; in a state which does not have a victims' compensation program, if the claimant is a resident of this state; or in a state which has compensated the claimant in an amount less than the claimant would be entitled to pursuant to this chapter, if the claimant is a resident of this state, and which constitutes:
      1. Hit and run in violation of Code Section 40-6-270;
      2. Homicide by vehicle in violation of Code Section 40-6-393;
      3. Serious injury by vehicle in violation of Code Section 40-6-394;
      4. A violation of Code Section 16-5-46;
      5. A violation of Chapter 6 of Title 16;
      6. A violation of Part 2 of Article 3 of Chapter 12 of Title 16;
      7. A violation of Code Section 16-5-70;
      8. Aggravated assault with the intent to rape in violation of Code Section 16-5-21;
      9. An offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or
      10. Any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense;
    2. An act which constitutes international terrorism as defined in 18 U.S.C. Section 2331 against a resident of this state when such resident was outside the territorial boundaries of the United States when such act was committed; or
    3. An act of mass violence involving a resident of this state when such resident was outside the territorial boundaries of the United States when such act was committed.
  4. "Direct service provider" means a public or nonprofit entity which provides aid, care, and assistance.
  5. "Director" means the director of the Criminal Justice Coordinating Council.
  6. "Forensic medical examination" means an examination provided to a person pursuant to subsection (c) of Code Section 16-6-1 or subsection (c) of Code Section 16-6-2 by trained medical personnel in order to gather evidence. Such examination shall include, but shall not be limited to:
    1. An examination for physical trauma;
    2. A determination as to the nature and extent of the physical trauma;
    3. A patient interview;
    4. Collection and evaluation of the evidence collected; and
    5. Any additional testing deemed necessary by the examiner in order to collect evidence and provide treatment.
  7. "Fund" means the Georgia Crime Victims Emergency Fund.
  8. "Investigator" means an investigator of the board.
  9. "Serious mental or emotional trauma" means a nonphysical injury which has been documented by a licensed mental health professional and which meets the specifications promulgated by the board's rules and regulations relating to this type of trauma.

(Code 1981, §17-15-2, enacted by Ga. L. 1988, p. 591, § 1; Ga. L. 1990, p. 8, § 17; Ga. L. 1994, p. 1800, § 1; Ga. L. 1997, p. 481, § 1; Ga. L. 2002, p. 843, § 2; Ga. L. 2009, p. 195, § 2/SB 172; Ga. L. 2011, p. 214, § 4/HB 503; Ga. L. 2011, p. 217, § 4/HB 200; Ga. L. 2012, p. 775, § 17/HB 942; Ga. L. 2014, p. 354, § 1/SB 187.)

The 2011 amendments. The first 2011 amendment, effective July 1, 2011, added present paragraph (6); and redesignated former paragraphs (6) through (9) as present paragraphs (7) through (10), respectively. The second 2011 amendment, effective July 1, 2011, inserted "Code Section 16-5-46 or" in the middle of subparagraph (3)(A); deleted "or" at the end of subparagraph (9)(B); substituted "; or" for the period at the end of subparagraph (9)(C); and added subparagraph (9)(D).

The 2012 amendment, effective May 1, 2012, part of an Act to revise, modernize, and correct the Code, deleted "a" preceding "trained medical" in the first sentence of the introductory language of paragraph (6).

The 2014 amendment, effective July 1, 2014, rewrote subparagraph (3)(A); substituted the present provisions of subparagraph (3)(B) for the former provisions, which read: "An act which constitutes international terrorism as defined in 18 U.S.C. Section 2331 which results in physical injury, serious mental or emotional trauma, or death to the victim, if the victim is a resident of this state and is outside the territorial boundaries of the United States when such act is committed; or"; substituted the present provisions of subparagraph (3)(C) for the former provisions, which read: "An act of mass violence which results in physical injury, serious mental or emotional trauma, or death to the victim, if the victim is a resident of this state and is outside the territorial boundaries of the United States when such act is committed."; deleted "to a victim" at the end of paragraph (4); and deleted former paragraph (10), which read: "'Victim' means a person who:

"(A) Is injured physically, who dies, or who suffers financial hardship as a result of being injured physically as a direct result of a crime;

"(B) Suffers a serious mental or emotional trauma as a result of being threatened with a crime which could result in physical injury or death;

"(C) Suffers a serious mental or emotional trauma as a result of being present during the commission of a crime; or

"(D) Suffers a serious mental or emotional trauma as a result of being trafficked for labor or sexual servitude as defined in Code Section 16-5-46."

Editor's notes.

- Ga. L. 2002, p. 843, § 1, not codified by the General Assembly, provides: "The General Assembly declares that this Act is enacted pursuant to the provisions of Article III, Section VI, Paragraph VI(f) of the Constitution of the State of Georgia."

Law reviews.

- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 110 (1997). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 131 (2011). For article, "Crimes and Offenses: Crimes Against the Person," see 28 Ga. St. U.L. Rev. 131 (2011). For note on the 2002 amendment of this Code section, see 19 Ga. St. U.L. Rev. 124 (2002).

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