HB1433: HB1433 Courts; make certain acts of the unauthorized practice of law felonies and to provide for penalties

26 LC 49 2657 House Bill 1433 By: Representatives Gullett of the 19th and Burchett of the 176th A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 19 of Title 15 of the Official Co de of Georgia Annotated,1 relating to the regulation of practice of law, so as to make ce rtain acts of the unauthorized2 practice of law felonies and to provide for penalties therefore; to provide for related matters;3 to provide for an effective date and applicability; to repeal c onflicting laws; and for other4 purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the8 regulation of practice of law, is amended by revising Code Sect ion 15-19-56, relating to9 penalty for prohibited conduct, as follows:10 "15-19-56.11 (a) Any person, corporation, or voluntary association violatin g Code Section 15-19-51,12 15-19-53, 15-19-54, or 15-19-55 shall be guilty of a misdemeanor.13 (b) Every officer, trustee, director, agent, or employee of a corporation or voluntary14 association who directly or indirectly engages in any of the acts prohibited in Code Section15 15-19-51, 15-19-53, 15-19-54, or 15-19-55 or assists a corporation or voluntary association16 H. B. 1433 - 1 - 26 LC 49 2657 in performing the prohibited acts shall be guilty of a misdemeanor. The fact that the person17 is a duly and regularly admitted attorney at law shall not be h eld to permit or allow the18 corporation or voluntary association to do the acts prohibited in such Code sections, nor19 shall the such fact be a defense upon the trial of any person mentioned there in for a20 violation of those Code sections. Nothing in this subsection shall prevent any court having21 jurisdiction from punishing the corporation or its officers for contempt.22 (c) Any person, corporation, or voluntary association violating Code Section 15-19-51 or23 15-19-53 shall be guilty of a felony and, upon the first conviction thereof, shall be punished24 by imprisonment of not less than one year nor more than three years, a fine of not less than25 $50,000.00 nor more than $250,000.00, or both. For a second or subsequent conviction,26 the punishment shall be imprisonment of not less than two years nor more than ten years,27 a fine of not less than $250,000.00 nor more than $1 million, or both.28 (d) Every officer, trustee, director, agent, or employee of a corporation or voluntary29 association who directly or indirectly engages in any of the acts prohibited in Code Section30 15-19-51 or 15-19-53 or assists a corporation or voluntary asso ciation in performing the31 prohibited acts shall be guilty of a felony and, upon the first conviction thereof, shall be32 punished by imprisonment of not less than one year nor more than three years, a fine of not33 less than $50,000.00 nor more than $250,000.00, or both. For a second or subsequent34 conviction, the punishment shall be imprisonment of not less than two years nor more than35 ten years, a fine of not less than $250,000.00 nor more than $1 million, or both. The fact36 that the person is a duly and regularly admitted attorney at law shall not be held to permit37 or allow the corporation or voluntary association to do the act s prohibited in such Code38 sections, nor shall such fact be a defense upon the trial of any person mentioned therein for39 a violation of those Code sections. Nothing in this subsection shall prevent any court40 having jurisdiction from punishing the corporation or its officers for contempt."41 H. B. 1433 - 2 - 26 LC 49 2657 SECTION 2.42 This Act shall become effective on July 1, 2026, and shall apply to all offenses committed43 on or after such date.44 SECTION 3.45 All laws and parts of laws in conflict with this Act are repealed.46 H. B. 1433 - 3 -