The COVID Project
The record
- Jurisdiction
- Georgia
- Level
- State
- Authority
- Title 38, Chapter 3 (Emergency Management), Article 1
- Effective
- standing
- End
- standing (read as 2021-09-30)
- In force
- Standing (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Standing duty
- Addressees
- persons generally; employers; owners or persons in control of premises; every business addressed by an order
- Character
- order penalty
- Collection
- Standing duties: Georgia DUT-GA
Operative words
Any person who violates any provision of Articles 1 through 3 of this chapter or any rule, order, or regulation made pursuant to Articles 1 through 3 of this chapter shall be guilty of a misdemeanor. [section 38-3-4:] The law enforcement authorities of the state and of the political subdivisions thereof shall enforce the orders, rules, and regulations issued pursuant to Articles 1 through 3...
Penalty
Misdemeanor (section 38-3-7); in addition, the orders authorized closure of noncompliant businesses by DPH, DPS and deputized officers (Exs. GA-010, GA-011, GA-018)
What it required
Every person must obey every order made under the Emergency Management Act, including every Governor's executive order in the library, on pain of criminal prosecution; State and local law enforcement 'shall enforce' those orders. Every operative Kemp order recites the section ('pursuant to Code Section 38-3-7, any person who violates this Order shall be guilty of a misdemeanor': Exs. GA-010, GA-018, GA-034, GA-035, GA-043).
Retrieval noteOfficial Code of Georgia Annotated, Titles 37-39 (Volume 28, 2021 replacement volume), Internet Archive item gov.ga.ocga.2024. Section 38-3-7 at PDF p. 533; section 38-3-4 at PDF p. 532. The Editor's notes to section 38-3-7 in this volume state: 'For application of this statute in 2020 and 2021, see Executive Orders 04.20.20.01, 09.15.20.01, and 05.28.21.02' (Exs. GA-017, GA-028 and GA-038). The same volume PDF is the file for Exs. DUT-GA-007 and DUT-GA-019.