Title 45 — Title 45

As used in Code Sections 45-15-14 through 45-15-16, the term ‘‘state authorities’’ means the following instrumentalities of the state: Georgia Building Authority, Georgia Education Authority (Schools), Georgia Education Authority (University), Georgia Highway Authority, Georgia P…

Compensation. Duties generally. Attorney General authorized to employ private counsel. Payment for services of private counsel. Representation of state in court of competent jurisdiction. Discretion of comptroller general as to requirement of services of Attorney General or of di…

— Code 1981, § 50-25-3, enacted by Ga. L. 1990, p. 1566, § 1; Ga. L. 2000, p. 249, § 9. 50-25-4. General powers.

— Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall ap- 28-1-17 ply to any motion made or hearing or trial commenced on or after January 1, 2013.

The Attorney General shall be compensated in the amount and manner provided in Code Sections 45-7-3 and 45-7-4. He shall also be reimbursed for actual transportation costs while traveling by public carrier, the legal mileage rate for use of a personal automobile, and the actual c…

It is the duty of the Attorney General: (1) When required to do so by the Governor, to give his opinion in writing, or otherwise, on any question of law connected with the interest of the state or with the duties of any of the departments; (2) When he deems it advisable, to prepa…

The Attorney General as the head of the Department of Law is authorized and directed to employ such clerical assistants as may from time to time be needed. (Ga. L. 1931, p. 7, § 93; Code 1933, § 40-1611.)

The Attorney General, upon the request of any department, office, officer, institution, commission, committee, board, or other agency of any branch of the government of the state or any instrumentality thereof, is authorized to select and employ private counsel to perform legal s…

Any department, office, officer, institution, commission, committee, board, or other agency of any branch of the government of the state or any instrumentality thereof is authorized and directed to pay for the legal services requested pursuant to Code Section 45-15-4, upon approv…

When the services of the Attorney General are needed in any court of competent jurisdiction, the presiding judge thereof shall notify the Governor 20 days before of the time, place, and cause; and the Governor may, in his discretion, order the Attorney General to represent the st…

45-16-2. Appointment of coroners where coroners not elected; filling vacancies. 45-16-3. Oath.

Records, papers, or reports concerning the death of a person on file at any hospital, nursing home, or other medical facility in this state shall be available to a coroner of another state if such person was injured in, a resident of, or buried in the county of such coroner in su…

This article shall be known and may be cited as the ‘‘Georgia Death Investigation Act.’’ (Ga. L. 1953, Jan.-Feb. Sess., p. 602, § 1; Ga. L. 1990, p. 1735, § 3.)

As used in this article, the term: (1) ‘‘Autopsy’’ means the dissection of a dead body and the examination of bone, tissue, organs, and foreign objects for the purpose of determining the cause of death and circumstances surrounding the same, which procedure shall include as a min…

— By resolution (Ga. L. 1983, p. 590), the General Assembly directed the Composite State Board of Medical Examiners (now Georgia Composite Medical Board) to develop and adopt rules and regulations to curb the abuse of prescription amphetamine and amphetamine-like drugs for the tr…

Definitions. Medical examiners’ inquiries — Facilities, persons authorized to perform inquiries, payment of fees, jurisdiction, and clerical and secretarial assistance. Delegation of power by coroner or county medical exam- iner; qualifications of those authorized to perform exam…

A dead body, other than skeletal remains, taken into custody under this article shall be released to the next of kin of the deceased, or to the agent of the next of kin, no later than 24 hours after the demand for release by that next of kin, or agent thereof, unless by that time…

45-16-30. Transport of body across state line. 45-16-31. Authorization of removal of body for convenience of examination; investigation of premises before removal. 45-16-32. Report of examination and investigation; maintenance of copies; verification of foul play by forensic labo…

Before beginning the duties of the office of coroner, a coroner shall take the oath required of all civil officers and shall take the following oath: ‘‘I swear that I will well and truly serve the State of Georgia in said office and faithfully and truly execute all writs and prec…

No person shall move or transport a body across a Georgia state line until the investigation of the case and the medical examiner’s inquiry are complete and until the removal of the body is authorized by the coroner or medical examiner. Except when the conduct is a violation of C…

Upon the completion of the medical examiner’s inquiry by the medical examiner, as provided in Code Section 45-16-24, and after verification by the division when such verification is required, the coroner shall then make an inquest into the death of such deceased person as provide…

(a) The coroner shall issue subpoenas to or otherwise compel the attendance of witnesses; and he shall administer to such witnesses the following oath: ‘‘The evidence that you shall give this inquest on behalf of the state concerning the death of (or a person unknown, as the case…

(a) The following oath shall be administered to the foreman of the jury by the coroner: ‘‘You, as foreman of the inquest, shall diligently inquire and true presentment make, on behalf of the State of Georgia, how and in what manner (or a person deceased, unknown, as the case may …

(a) The coroner shall charge the jurors to declare, and they shall so declare, whether the person for whom the inquest is held died by: (1) Homicide; (2) Suicide; (3) Accident; (4) Natural causes; or (5) Undetermined causes and all of the circumstances relating to the death. (b) …

Any juror failing to attend and serve on a coroner’s inquest after being duly summoned may be fined by the coroner in a sum not exceeding $100.00 to be levied and collected by execution issued by the coroner unless such defaulting juror shall file in the office of the judge of th…

In all inquests the results of the medical examiner’s inquiry performed shall be offered in evidence either by oral testimony of the medical examiner or by introduction of a copy of the report filed with the director of the division, as verified in the cases requiring verificatio…

In order to implement this article, coroners are authorized to disinter any body already buried and, like a sheriff, to command the power of the county for that purpose. Medical examiners, other than local medical examiners, may likewise exercise such authority in any case wherei…

Except as provided in Code Section 45-16-30, any person who violates this article shall be guilty of a misdemeanor. (Ga. L. 1960, p. 1009, § 9; Ga. L. 1990, p. 1735, § 3.) 466 45-16-60 45-16-48. Coroner’s employment of court reporter.

A coroner may be authorized to employ, at his discretion, a court reporter who is certified under Article 2 of Chapter 14 of Title 15, ‘‘The Georgia Court Reporting Act,’’ to record the proceedings of any inquest. The cost of acquiring the services of a certified court reporter s…

The fees heretofore authorized to be paid in cases arising under this article prior to May 1, 1997, shall continue to be paid at the rate specified therein until such time as the Board of Public Safety promulgates rules prescribing such fees as provided by paragraph (5) of Code S…

When a coroner is required to act in the place of a sheriff, generally or specially, the judge of the probate court may require of him an additional bond in such sum and with such sureties as the judge, in his discretion, may think sufficient to meet the contingency. (Orig. Code …

During every calendar year they are in office, every coroner and deputy coroner shall be required, as a condition of continuing to serve as coroner, to take a training course approved by the Georgia Coroner’s Training Council pursuant to Code Section 45-16-66. Any coroner or depu…

This article shall be known as ‘‘The Georgia Coroner’s Training Council Act.’’ (Code 1981, § 45-16-60, enacted by Ga. L. 1985, p. 797, § 1.) 467 45-16-61 PUBLIC OFFICERS & EMPLOYEES 45-16-62 45-16-61. Definitions.

As used in this article, the term: (1) ‘‘Certified coroner’’ means a coroner who has the appropriate required certificate of training issued by the council on file with the Board of Public Safety. (2) ‘‘Coroner’’ means any person appointed or elected in a county to serve as coron…

Immediately and before entering upon the duties of office, the members of the council shall take the oath of office and shall file the same with the Board of Public Safety, which, upon receiving the oath of office, shall issue to each member a certificate of appointment. (Code 19…

(a) The council at its initial meeting, which shall be held promptly after the appointment of its members, shall elect from among its members a chairman and a vice-chairman who shall serve until the first meeting in the succeeding year. Thereafter, the chairman and the vice-chair…

The council is vested with the following functions, powers, and responsibilities: (1) To make all the necessary rules and regulations to carry out this article; 469 45-16-65 PUBLIC OFFICERS & EMPLOYEES 45-16-66 (2) To cooperate with and secure the cooperation of every department,…

On its own initiative or on the verified complaint of any person that a person has performed or is performing the duties of coroner in violation of this article, the council may file an action seeking equitable relief in its own name in the superior court of any county in this st…

(a) As soon as practicable after July 1, 1980, and at the beginning of each term of the coroner thereafter, the coroner of each county shall appoint a deputy coroner or coroners as provided in this Code section. A deputy coroner shall be appointed for each county, and one or more…

If any person makes an affidavit stating (1) that a sheriff is disqualified from acting in any proceeding, which disqualification was not apparent at the outset of the proceeding, or (2) that a sheriff or his deputy refuses to serve a writ or other process, then the clerk of the …

(a) When performing the duties of a sheriff, the coroner’s fees are the same as a sheriff’s. (b) This Code section shall not be construed to repeal or preempt any local Act or general Act of local application which places any coroner upon an annual salary or authorizes any corone…

As used in this article, the term: (1) ‘‘Attesting’’ and ‘‘attestation’’ are synonymous and mean the notarial act of witnessing or attesting a signature or execution of a deed or other written instrument, where such notarial act does not involve the taking of an acknowledgment, t…

The power to appoint notaries public is vested in the clerks of the superior courts and may be exercised by them at any time. (Orig. Code 1863, § 1446; Ga. L. 1868, p. 130, § 1; Code 1868, § 1503; Code 1873, § 1497; Code 1882, § 1497; Civil Code 1895, § 498; Civil Code 1910, § 61…

(a) The fees of notaries public shall be as follows: (1) Administering an oath in any case ....................... $ 2.00 (2) Each attendance on any person to make proof as a notary public and certifying to same ................. 2.00 (3) Every other certificate .................…

(a) Every notary public shall notify in writing the appointing clerk of superior court and provide a copy of such notice to the Georgia Superior Court Clerks’ Cooperative Authority of any change in the notary’s residence or business address, whichever was used for the purpose of …

Within ten days of the loss or theft of an official notarial seal, the notary public shall send to the appointing clerk of superior court, with a copy to the Georgia Superior Court Clerks’ Cooperative Authority, a written notice of the loss or theft. (Code 1981, § 45-17-14, enact…

(a) The appointing clerk of superior court may by letter, with a copy to the Georgia Superior Court Clerks’ Cooperative Authority, revoke the commission or deny the reappointment of any notary public who: (1) Violates any provision of this chapter; (2) Performs any notarial act i…

Within ten days after receiving notice from the appointing clerk of superior court that a notarial commission has been revoked, an individual shall send or deliver to the appointing clerk of superior court all papers of appointment. Such individual shall also destroy the official…

A person who wishes to resign a notarial commission shall send a signed letter of resignation to the appointing clerk of superior court, with a copy to the Georgia Superior Court Clerks’ Cooperative Authority, and all papers of appointment. The resigning notary public shall destr…

A notary public whose commission expires and who does not apply for renewal of such commission or whose application for renewal of a commission is denied shall destroy the official notary seal. (Code 1981, § 45-17-18, enacted by Ga. L. 1984, p. 1105, § 1.) 45-17-19. Authenticity …