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2018 Georgia Code 31-7-350 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 31-7-350 Case Law from Google Scholar Amendments to OCGA 31-7-350

TITLE 31 HEALTH

Section 7. Regulation and Construction of Hospitals and Other Health Care Facilities, 31-7-1 through 31-7-412.

ARTICLE 14 NURSING HOMES EMPLOYEE RECORDS CHECKS

31-7-350. (Effective until October 1, 2019) Definitions.

As used in this article, the term:

  1. "Conviction" means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought.
  2. "Crime" means commission of an offense which constitutes a felony with respect to the following:
    1. A violation of Code Section 16-5-21;
    2. A violation of Code Section 16-5-24;
    3. A violation of Code Section 16-6-1;
    4. A violation of Code Section 16-8-2;
    5. A violation of Code Section 16-8-3;
    6. A violation of Code Section 16-8-4;
    7. A violation of Code Section 16-5-1;
    8. A violation of Code Section 16-4-1;
    9. A violation of Code Section 16-8-40;
    10. A violation of Code Section 16-8-41;
    11. A felony violation of Code Section 16-9-1;
    12. A violation of Article 8 of Chapter 5 of Title 16;
    13. A violation of Chapter 13 of Title 16; or
    14. Any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere.
  3. "Criminal record" means any of the following which have reached final disposition within ten years of the date the criminal record check is conducted:
    1. Conviction of a crime;
    2. Arrest, charge, and sentencing for a crime where:
      1. A plea of nolo contendere was entered to the charge;
      2. First offender treatment without adjudication of guilt pursuant to the charge was granted; or
      3. Adjudication or sentence was otherwise withheld or not entered on the charge; or
    3. Arrest and charges for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17.
  4. "Employment applicant" means any person seeking employment by a nursing home. This term shall not include persons employed by the nursing home prior to July 1, 1995.
  5. "GCIC" means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35.
  6. "Nursing home" or "home" means a home required to be licensed or permitted as a nursing home under the provisions of this chapter.
  7. "Satisfactory determination" means a written determination by a nursing home that a person for whom a record check was performed was found to have no criminal record.
  8. "Unsatisfactory determination" means a written determination by a nursing home that a person for whom a record check was performed was found to have a criminal record.

(Code 1981, §31-7-350, enacted by Ga. L. 1995, p. 570, § 1; Ga. L. 2001, p. 806, § 1; Ga. L. 2012, p. 899, § 8-13/HB 1176; Ga. L. 2013, p. 524, § 3-4/HB 78.)

The 2012 amendment, effective July 1, 2012, substituted the present provisions of subparagraph (2)(K) for the former provisions, which read: "A violation of Code Section 16-9-1, relating to forgery in the first degree; a violation of Code Section 16-9-2, relating to forgery in the second degree;".

The 2013 amendment, effective July 1, 2013, deleted ", relating to aggravated assault" following "Code Section 16-5-21" at the end of subparagraph (2)(A); deleted ", relating to aggravated battery" following "Code Section 16-5-24" at the end of subparagraph (2)(B); deleted ", relating to rape" following "Code Section 16-6-1" at the end of subparagraph (2)(C); deleted ", relating to theft by taking" following "Code Section 16-8-2" at the end of subparagraph (2)(D); deleted ", relating to theft by deception" following "Code Section 16-8-3" at the end of subparagraph (2)(E); deleted ", relating to theft by conversion" following "Code Section 16-8-4" at the end of subparagraph (2)(F); deleted ", relating to murder and felony murder" following "Code Section 16-5-1" at the end of subparagraph (2)(G); deleted ", relating to criminal attempt as it concerns attempted murder" following "Code Section 16-4-1" at the end of subparagraph (2)(H); deleted ", relating to robbery" following "Code Section 16-8-40" at the end of subparagraph (2)(I); deleted ", relating to armed robbery" following "Code Section 16-8-41" at the end of subparagraph (2)(J); added subparagraph (2)(L); redesignated former subparagraphs (2)(L) and (2)(M) as present subparagraphs (2)(M) and (2)(N), respectively; and deleted ", relating to controlled substances" following "Title 16" at the end of subparagraph (2)(M).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, "July 1, 1995" was substituted for "the effective date of this article" in paragraph (4) and "this chapter" was substituted for "Chapter 7 of Title 31" in paragraph (6).

Editor's notes.

- Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act."

Law reviews.

- For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 290 (2012). For note on the 2001 amendment to this Code section, see 18 Ga. St. U.L. Rev. 153 (2001). For note, "Give It to Me, I'm Worth It: The Need to Amend Georgia's Record Restriction Statute to Provide Ex-Offenders with a Second Chance in the Employment Sector," see 52 Ga. L. Rev. 267 (2017).

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