O.C.G.A.

O.C.G.A. § 52-7-26 (2019)

Penalty

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) Except as otherwise provided in this article, any person who violates this article or any rule or regulation promulgated hereunder shall be guilty of a misdemeanor. For purposes of establishing criminal violations of the rules and regulations promulgated by the board as provided in this article, the term ‘‘rules and regulations’’ means those rules and regulations of the board in force and effect on January 1, 2021. (b) Notwithstanding subsection (c) of Code Section 17-6-12, the release of a person on an unsecured judicial release as provided for in Code Section 17-6-12 for violations under Code Sections 52-7-12, 52-7-12.2, 52-7-12.3, and 52-7-12.4 shall be prohibited.

History

Ga. L. 1960, p. 235, § 13; Ga. L. 1968, p. 487, § 12; Ga. L. 1973, p. 1427, § 25; Ga. L. 1983, p. 3, § 41; Ga. L. 1995, p. 236, § 3; Ga. L. 2012, p. 739, § 29/HB 869; Ga. L. 2013, p. 92, § 12/SB 136; Ga. L. 2014, p. 344, § 3/HB 783; Ga. L. 2014, p. 624, § 2/HB 777; Ga. L. 2020, p. 570, § 3-4/SB 402; Ga. L. 2021, p. 105, § 3-1/HB 362. The 2020 amendment, effective January 1, 2021, substituted ‘‘an unsecured judicial release as provided for in Code Section 17-6-12’’ for ‘‘his or her own recognizance’’ in subsection (b). The 2021 amendment, effective April 27, 2021, substituted ‘‘January 1, 2021’’ for ‘‘January 1, 2014’’ at the end of subsection (a).

Annotations

Editor’s notes. - Ga. L. 2013, p. 92,

§ 14/SB 136, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall apply to all offenses occurring on and after May 15, 2013; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (m) of Code Section 52-7-12, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after May 15, 2013, shall be considered. Ga. L. 2014, p. 344, § 5/HB 783, not codified by the General Assembly, provides: ‘‘This Act shall become effective on May 1, 2014, and shall apply to offenses occurring on or after such date.’’

RESEARCH REFERENCES Am. Jur. 2d. - 12 Am. Jur. 2d, Boats and Boating, §§ 4, 5, 9, 11, 13, 21. ALR. - Negligence in navigating as affecting right to recover for injury by obstruction to navigation, 25 A.L.R. 1556.

Criminal liability for injury or death caused by operation of pleasure boat, 8 A.L.R.4th 886.

ARTICLE 1A INTERSTATE BOATING VIOLATOR COMPACT Editor’s notes. - Boating Violator Compact, Official Compilation of the

Rules and Regulations of the State of Georgia, Georgia Department of Natural

WATERS OF STATE, PORTS & WATERCRAFT

Resources, Wildlife Resources Division, Subject 3914-17. RESEARCH REFERENCES Am. Jur. 2d. - 12 Am. Jur. 2d, Boats and Boating, §§ 1 et seq., 24 et seq.

Notes of Decisions

Cited in 1 case, 1993–1993 · leading case: State v. Givens, 438 S.E.2d 387 (Ga. Ct. App. 1993).

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State v. Givens, 438 S.E.2d 387 (Ga. Ct. App. 1993). · cites it 2× “’ The [administrative] order then notes [the provisions of] OCGA § 52-7-26 [currently OCGA § 57-7-25 (f)] .”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.