Bill Text: GA SB371 | 2009-2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Georgia Bureau of Investigation; provide with authority to investigate certain offenses involving fraudulent real estate transactions
Spectrum: Bipartisan Bill
Status: (Passed) 2010-07-01 - Effective Date [SB371 Detail]
Download: Georgia-2009-SB371-Introduced.html
Bill Title: Georgia Bureau of Investigation; provide with authority to investigate certain offenses involving fraudulent real estate transactions
Spectrum: Bipartisan Bill
Status: (Passed) 2010-07-01 - Effective Date [SB371 Detail]
Download: Georgia-2009-SB371-Introduced.html
10 LC 29
4067
Senate
Bill 371
By:
Senators Cowsert of the 46th, Hamrick of the 30th, Fort of the 39th, Goggans of
the 7th and Tate of the 38th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 5 of Chapter 8 of Title 16 and Chapter 3 of Title 35 of the
Official Code of Georgia Annotated, relating to residential mortgage fraud and
the Georgia Bureau of Investigation, respectively, so as to provide the Georgia
Bureau of Investigation with the authority to investigate certain offenses
involving fraudulent real estate transactions; to provide the Georgia Bureau of
Investigation subpoena power for such investigations; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
5 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating
to residential mortgage fraud, is amended by revising Code Section 16-8-105,
relating to authority of district attorneys and the Attorney General to
investigate and prosecute offenses involving residential mortgage fraud, as
follows:
"16-8-104.
District
attorneys and the Attorney General shall have the authority to conduct the
criminal investigation and prosecution of all cases of residential mortgage
fraud under this article or under any other provision of this title.
Nothing in
this Code section shall be construed to preclude otherwise authorized law
enforcement agencies from conducting investigations of offenses related to
residential mortgage
fraud."
SECTION
2.
Chapter
3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia
Bureau of Investigation, is amended by revising subsection (a) of Code Section
35-3-4, relating to powers and duties of the Georgia Bureau of Investigation, by
striking "or" at the end of paragraph (10), by replacing the period with "; or"
at the end of paragraph (11), and by adding a new paragraph to read as
follows:
"(12)
Identify and investigate violations of Article 5 of Chapter 8 of Title
16."
SECTION
3.
Said
chapter is further amended by adding a new Code section to read as
follows:
"35-3-4.2.
(a)
In any investigation of a violation of Article 5 of Chapter 8 of Title 16 or
other criminal violations involving fraudulent real estate transactions, the
director, assistant director, or deputy director for investigations shall be
authorized to issue a subpoena, with the consent of the Attorney General, to
compel the production of books, papers, documents, or other tangible things,
including records and documents contained within, or generated by, a computer or
any other electronic device.
(b)
Upon the failure of a person without lawful excuse to obey a subpoena, the
director, assistant director, or the deputy director for investigations, through
the Attorney General or district attorney, may apply to a superior court having
jurisdiction for an order compelling compliance. Such person may object to the
subpoena on grounds that it fails to comply with this Code section or upon any
constitutional or other legal right or privilege of such person. The court may
issue an order modifying or setting aside such subpoena or directing compliance
with the original subpoena. Failure to obey a subpoena issued under this Code
section may be punished by the court as contempt of
court."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.