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2018 Georgia Code 21-5-9 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-5-9 Case Law from Google Scholar Amendments to OCGA 21-5-9

TITLE 21 ELECTIONS

Section 5. Ethics in Government, 21-5-1 through 21-5-76.

ARTICLE 1 GENERAL PROVISIONS

21-5-9. Penalties.

Except as otherwise provided in this chapter, any person who knowingly fails to comply with or who knowingly violates this chapter shall be guilty of a misdemeanor. The provisions of this Code section shall not preclude prosecution and punishment for the commission of any felony offense as otherwise provided by law.

(Code 1981, §21-5-9, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 297, § 7; Ga. L. 1988, p. 603, § 8; Ga. L. 1989, p. 10, § 1; Ga. L. 2016, p. 173, § 6/SB 199.)

The 2016 amendment, effective April 26, 2016, added the last sentence to this Code section.

Law reviews.

- For survey article on local government law, see 60 Mercer L. Rev. 263 (2008).

JUDICIAL DECISIONS

Venue.

- When the defendants were indicted under O.C.G.A. § 21-5-9 for failing to file documents with the State Ethics Commission under O.C.G.A. § 21-5-34, venue was in the county where the commission was exclusively located; the place fixed for performance of the required act fixed the situs of the alleged crime. McKinney v. State, 282 Ga. 230, 647 S.E.2d 44 (2007).

Cases Citing O.C.G.A. § 21-5-9

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Kennestone Hosp., Inc. v. Hopson, 538 S.E.2d 742 (Ga. 2000).

Cited 23 times | Published | Supreme Court of Georgia | Nov 13, 2000 | 273 Ga. 145, 2000 Fulton County D. Rep. 4176

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McKinney v. State, 647 S.E.2d 44 (Ga. 2007).

Cited 3 times | Published | Supreme Court of Georgia | Jun 25, 2007 | 282 Ga. 230

...Porter, District Attorney, Wesley Charles Ross, Assistant District Attorney, for appellee. MELTON, Justice. William Dennis McKinney and Nancy Allison Walter ("Defendants") were indicted in Gwinnett County for multiple misdemeanor violations of the Georgia Ethics in Government Act (Ethics Act). See OCGA § 21-5-9....
...mmission the required campaign contribution disclosure reports. In addition, OCGA § 21-5-34(f)(1) mandates that an independent committee "shall file disclosure reports" with the State Ethics Commission regarding contributions and expenditures. OCGA § 21-5-9 criminalizes the failure to file these reports, stating that "[e]xcept as otherwise provided in this chapter, any person who knowingly fails to comply with or who knowingly violates this chapter shall be guilty of a misdemeanor." Though it...
...n the county where the crime was committed." This requirement is codified at OCGA § 17-2-2(a). In this case, then, venue is proper in the county where the defendant knowingly fails to file the required reports with the State Ethics Commission. OCGA § 21-5-9....