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Código Oficial de Georgia Anotado

Título 17. CRIMINAL PROCEDURE · Capítulo 14. RESTITUTION AND DISTRIBUTION OF PROFITS TO VICTIMS OF CRIMES · Artículo 1. RESTITUTION

17-14-2. Definitions.

Vigente

Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.

El texto siguiente es la ley tal como la imprime el estado, en inglés.

  1. As used in this article, the term:

  2. (1)

    ‘‘Conviction’’ means an adjudication of guilt of or a plea of guilty or nolo contendere to the commission of an offense against the laws of this state. Such term includes any such conviction or plea, notwithstanding the fact that sentence was imposed pursuant to Article 3 of Chapter 8 of Title 42. Such term also includes the adjudication or plea of a juvenile to the commission of an act which, if committed by an adult, would constitute a crime under the laws of this state.#

  3. (2)

    ‘‘Damages’’ means all special damages which a victim could recover against an offender in a civil action, including a wrongful death action, based on the same act or acts for which the offender is sentenced, except punitive damages and damages for pain and suffering, mental anguish, or loss of consortium. Such special damages shall not be limited by any law which may cap economic damages. Special damages may include the reasonably determined costs of transportation to and from court proceedings related to the prosecution of the crime.#

  4. (3)

    ‘‘Offender’’ means any natural person, firm, partnership, association, public or private corporation, or other legal entity that has been sentenced for any crime or any juvenile who has been adjudged delinquent.#

  5. (4)

    ‘‘Ordering authority’’ means:#

    1. (A)

      A court of competent jurisdiction;#

    2. (B)

      The State Board of Pardons and Paroles;#

    3. (C)

      The Department of Corrections;#

    4. (D)

      The Department of Juvenile Justice;#

    5. (E)

      The Department of Community Supervision; or#

    6. (F)

      Any combination thereof, as is required by the context.#

  6. (5)

    ‘‘Parent’’ means a person who is the legal mother as defined in Code Section 15-11-2, the legal father as defined in Code Section 15-11-2, or the legal guardian. Such term shall not include a foster parent.#

  7. (6)

    ‘‘Relief’’ means any parole or other conditional release from incarceration; the awarding of earned time allowances; reduction in security status; or placement in prison rehabilitation programs, including, but not limited to, those in which the offender receives monetary compensation.#

  8. (7)

    ‘‘Restitution’’ means any property, lump sum, or periodic payment ordered to be made by any offender or other person to any victim by any ordering authority. Where the victim is a public corporation or governmental entity or where the offender is a juvenile, restitution may also be in the form of services ordered to be performed by the offender.#

  9. (8)

    ‘‘Restitution order’’ means any order, decree, or judgment of an ordering authority which requires an offender to make restitution.#

  10. (9)

    ‘‘Victim’’ means any:#

    1. (A)

      Natural person or his or her personal representative or, if the victim is deceased, his or her estate; or#

    2. (B)

      Any firm, partnership, association, public or private corporation, or governmental entity#

    3. suffering damages caused by an offender’s unlawful act; provided, however, that the term ‘‘victim’’ shall not include any person who is concerned in the commission of such unlawful act as defined in Code Section 16-2-20.

Las notas siguientes se imprimen con la sección, pero no son ley promulgada (O.C.G.A. § 1-1-1(c)). Se muestran aparte del texto.

History

Code 1933, § 27-3002, enacted by Ga. L. 1980, p. 1382, § 1; Ga. L. 1985, p. 283, § 1; Ga. L. 2005, p. 88, § 5/HB 172; Ga. L. 2013, p. 294, § 4-19/HB 242; Ga. L. 2015, p. 422, § 5-35/HB 310.

Editor's notes

Ga. L. 2005, p. 88, § 1/HB 172, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Crime Victims Restitution Act of 2005.’’’ Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: ‘‘This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.’’ Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015.

Law reviews

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

Leer la página oficial (el PDF del estado, abierto en la página de la que se leyó este texto).

Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.

Texto leído de t17-(v15)-2020-pdf.pdf, Volumen V15, edición 2020, páginas 1377 a 1378; acción de fusión: carried; SHA-256 del archivo 0b0d45f9c609.