2022 Georgia Code
Title 16 - Crimes and Offenses
Chapter 15 - Street Gang Terrorism and Prevention
§ 16-15-9. Commission of Offense Admissible as Evidence of Existence of Criminal Street Gang

For the purpose of proving the existence of a criminal street gang and criminal gang activity, the commission, adjudication, or conviction of any offense enumerated in paragraph (1) of Code Section 16-15-3 by any member or associate of a criminal street gang shall be admissible in any trial or proceeding. Evidence offered under this Code section shall not be subject to the restrictions in paragraph (22) of Code Section 24-8-803.

History. Code 1981, § 16-15-9 , enacted by Ga. L. 2006, p. 519, § 3/HB 1302; Ga. L. 2010, p. 230, § 5/HB 1015; Ga. L. 2016, p. 811, § 5/HB 874.

The 2016 amendment, effective May 3, 2016, in the first sentence, substituted “For the purpose of proving the existence of a criminal street gang and criminal gang activity, the commission, adjudication, or conviction” for “The commission”, deleted “for the purpose of proving the existence of the criminal street gang and criminal gang activity” following “proceeding” at the end, and added the second sentence.

Editor’s notes.

Ga. L. 2006, p. 519, § 7/HB 1302, not codified by the General Assembly, provided that this section shall be effective July 1, 2006, and shall be applicable to all crimes committed on or after such date, and also provided that: “Any offense committed before July 1, 2006, shall be punishable as provided by the statute in effect at the time the offense was committed.”

Law reviews.

For annual survey on criminal law, see 68 Mercer L. Rev. 93 (2016).

For annual survey on criminal law, see 70 Mercer L. Rev. 63 (2018).