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2018 Georgia Code 33-24-53 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 33-24-53 Case Law from Google Scholar Amendments to OCGA 33-24-53

TITLE 33 INSURANCE

Section 24. Insurance Generally, 33-24-1 through 33-24-98.

ARTICLE 1 GENERAL PROVISIONS

33-24-53. Solicitation, release, or sale of automobile accident information prohibited; definitions; exceptions; penalties.

  1. As used in this Code section, the term:
    1. "Capper," "runner," or "steerer" means a person who receives a pecuniary benefit from a practitioner or health care service provider, whether directly or indirectly, to solicit, procure, or attempt to procure a client, patient, or customer at the direction or request of, or in cooperation with, a practitioner or health care service provider whose purpose is to obtain benefits under a contract of insurance or to assert a claim against an insured or an insurer for providing services to the client, patient, or customer. Capper, runner, or steerer shall not include:
      1. Any insurance company or agent or employee thereof who provides referrals or recommendations to its insureds; or
      2. A practitioner or health care service provider who procures clients, patients, or customers through the use of public media or by referrals or recommendations from other practitioners or health care service providers.
    2. "Practitioner" means an attorney, health care professional, owner or partial owner of a health care practice or facility, or any person employed or acting on behalf of any of the individuals in this paragraph.
    3. "Public media" means telephone directories, professional directories, newspapers and other periodicals, radio and television, billboards, and mailed or electronically transmitted written communications that do not involve in-person contact with a specific prospective client, patient, or customer.
  2. Except as provided for in paragraph (5) of subsection (a) of Code Section 50-18-72, it is unlawful for any person in an individual capacity or in a capacity as a law enforcement officer, law enforcement records staff member, wrecker services staff member, emergency staff member, physician, hospital employee, or attorney to solicit, release, or sell any information relating to the parties of a motor vehicle collision for personal financial gain. This subsection shall not apply to mass public media advertisement and solicitation.
  3. It is unlawful for:
    1. Any person in an individual capacity or in a capacity as a public or private employee or any firm, corporation, partnership, or association to act as a capper, runner, or steerer for any practitioner or health care service provider. This paragraph shall not prohibit an attorney or health care provider from making a referral and receiving compensation as is permitted under applicable professional rules of conduct; and
    2. Any practitioner or health care service provider to compensate or give anything of value to a person acting as a capper, runner, or steerer. It is also unlawful for any capper, runner, or steerer to recommend or secure a practitioner's or health care service provider's employment by a client, patient, or customer if such practitioner or health care service provider obtains or intends to obtain benefits under a contract of insurance or asserts a claim against an insured or an insurer for providing services to the client, patient, or customer.
  4. Any natural person convicted of a violation of this Code section shall, on the first offense, be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment of not less than 30 days and a fine not to exceed $1,000.00. Any natural person convicted of a second or subsequent violation of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not more than ten years and by a fine of not more than $100,000.00 per violation.

(Code 1981, §33-24-53, enacted by Ga. L. 2014, p. 418, § 1/HB 828.)

Effective date.

- This Code section became effective July 1, 2014.

Editor's notes.

- This Code section formerly pertained to prohibition and penalties for compensation for referrals or recommendations to attorneys and was repealed by Ga. L. 2014, p. 418, § 1/HB 828, effective July 1, 2014. The former Code section was based on Code 1981, § 33-24-53, enacted by Ga. L. 1991, p. 1864, § 2; Ga. L. 2011, p. 583, § 9/HB 137; Ga. L. 2012, p. 775, § 33/HB 942.

OPINIONS OF THE ATTORNEY GENERAL

Updating of crimes and offenses for which Georgia Crime Information Center is authorized to collect and file fingerprints.

- Pursuant to authority granted to the Attorney General in O.C.G.A. § 35-3-33(a)(1)(A)(v), any misdemeanor offenses arising under O.C.G.A. §§ 16-11-130.2, 16-11-90(b),16-8-14.1(a),16-8-22, and33-24-53, are designated as ones for which those charged are to be fingerprinted. 2014 Op. Att'y Gen. No. 2014-2.

Cases Citing O.C.G.A. § 33-24-53

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Matter of Kennedy, 466 S.E.2d 1 (Ga. 1996).

Cited 8 times | Published | Supreme Court of Georgia | Jan 8, 1996 | 266 Ga. 249, 96 Fulton County D. Rep. 161

...The State Bar may proceed against Kennedy regarding the second transaction, provided that it is not otherwise barred by Bar Rule 4-222, and so long as the Bar affords Kennedy proper notice under the Bar Rules. [5] We find no merit in Kennedy's remaining challenges to Standard 13(b) and to O.C.G.A. § 33-24-53.
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In Re Silver, 545 S.E.2d 886 (Ga. 2001).

Cited 4 times | Published | Supreme Court of Georgia | Apr 30, 2001 | 273 Ga. 727, 2001 Fulton County D. Rep. 1473

...y felony or misdemeanor involving moral turpitude). A plea of nolo contendere constitutes a conviction for purposes of the standard. Respondent entered a plea of nolo contendere in the State Court of Fulton County to one count of a violation of OCGA § 33-24-53(a) providing in pertinent part that [i]n a claim arising out of a motor vehicle accident, a lawyer shall not compensate or give anything of value to a person or organization to recommend or secure his employment by a client, or as a reward for having made a recommendation resulting in his employment by a client.... "Any person who violates any provision of this Code section shall be guilty of a misdemeanor involving moral turpitude." OCGA § 33-24-53(e)....
...During the grand jury investigation, Silver entered an agreement with the United States Attorney's Office in which he agreed to cooperate completely in the federal investigation and to admit the essential elements of one count of a violation of OCGA *888 § 33-24-53 in return for which he would not be prosecuted for any federal criminal offenses based on his involvement in the use of paid runners....
...der since November 1995 and that his condition had worsened to the point of his being disabled to practice law. Silver has not practiced law since May of 1999. The special master concluded that Silver's plea of nolo contendere to a violation of OCGA § 33-24-53 constituted a misdemeanor conviction involving moral turpitude in violation of Standard 66....
...d reputation from former clients, former co-workers, and lawyer acquaintances. He cooperated fully with federal authorities in their investigation and with the State Bar in its disciplinary investigation and he was punished for his violation of OCGA § 33-24-53....
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In re Sinowski, 290 Ga. 303 (Ga. 2011).

Cited 2 times | Published | Supreme Court of Georgia | Nov 30, 2011 | 720 S.E.2d 597

...aid to runners involving numerous cases; Respondents have not acknowledged the wrongful nature of their conduct and expressed no remorse; they have substantial experience in the practice of law; and they engaged in illegal conduct as defined by OCGA § 33-24-53 (a). We have considered the record, the arguments of the parties, the recommendations of the special master and the Review Panel, and the relevant law....