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2018 Georgia Code 42-8-43.1 | Car Wreck Lawyer

TITLE 42 PENAL INSTITUTIONS

Section 8. Probation, 42-8-1 through 42-8-159.

ARTICLE 2 STATE-WIDE PROBATION SYSTEM

42-8-43.1 through 42-8-43.3

Repealed by Ga. L. 2015, p. 422, § 4-1/HB 310, effective July 1, 2015.

Editor's notes.

- The sections were based on Code 1981, § 42-8-43.1, enacted by Ga. L. 1982, p. 1605, § 1; Ga. L. 1983, p. 421, § 1; Code 1981, § 42-8-43.2, enacted by Ga. L. 1987, p. 1319, § 1; Code 1981, § 42-8-43.3, enacted by Ga. L. 1988, p. 1951, § 1.

Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date."

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).

Cases Citing O.C.G.A. § 42-8-43.1

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Barnett v. Fulton Cnty., 255 Ga. 419 (Ga. 1986).

Cited 2 times | Published | Supreme Court of Georgia | Feb 13, 1986 | 339 S.E.2d 236

...es having a population of 400,000 or more into the state probation system. In this state, only Fulton and DeKalb Counties have populations of 400,000 or more. The 1982 Act (referred to by the appellants as the “takeover act”) is codified at OCGA § 42-8-43.1 (a), (b), and (c). OCGA § 42-8-43.1 (c) provides: *421“Each county probation system subject to the provisions of this Code section shall become a part of the state-wide probation system provided for by this article effective on July 1, 1984, and shall be fully funded fr...
...salary schedules and other personnel policies of the department, except that the salaries of such employees shall not be reduced as a result of becoming employees of the department.” (Emphasis supplied.) In 1983, the General Assembly amended OCGA § 42-8-43.1 by adding subsection (d). OCGA § 42-8-43.1 (d) (referred to by the appellants as the “no-retirement amendment”) is applicable to employees of a county probation system of a county having a population of 550,000 or more....
...They also sought a writ of mandamus compelling the boards of the two pension plans to authorize payment to them of the normal monthly pension benefits to which each of them is entitled. The question of whether the July 1, 1984, change in employment provided by OCGA § 42-8-43.1 (c) constituted a “retirement by operation of law” within the meaning of appellants’ respective county pension plans is, as found by the trial court, a question of first impression....