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HB 0507 - Social services; repeal certain provisions deemed unconstitutional regarding child abuse registry; provisions

Tracking Level: Monitor
Sponsor: Oliver, Mary Margaret 82nd (D)
Last Action: 3/3/2015 - House Second Readers
State Code Titles: 49
House Committee: JuvJ
Assigned To:
07. Juvenile CourtsNext Bill

Staff Analysis of the Legislation

            HB 507 seeks to amend Chapter 5 of Title 49 of the O.C.G.A. relating to programs and protection for children.

            Article 8 is repealed and the bill enacts a new article. It mandates that a division shall establish and maintain a registry which shall receive notice regarding convicted child abusers and which shall be known as the “Child Protective Services Information System.” Operations of the system are further specified. 

            Upon receipt of such sentence, the prosecuting attorney shall notify the division within the following 30 working days. Notice may be given electronically. The contents of such notice are delineated within the bill.

            Upon receipt of this notice from the attorney, the division shall include the information within the registry. Any person whose name appears in the registry shall be entitled to a hearing for an administrative determination of whether or not expungement should be ordered. To do so, the person must file a written request for a hearing with the division. Upon receipt of the request, the division must transmit the request to the Office of State Administrative Hearings within 10 days of receipt. It further delineates who has access to names of individuals within the registry and how to obtain such information. Otherwise, the information within the registry is confidential, although the district attorney may use such information in any court proceeding in the course of any criminal prosecution for any offense which constitutes or results from child abuse. If an individual improperly shares information from the registry with a person not authorized to receive such information, they will be guilty of a misdemeanor. Also, anyone who knowingly or under false pretenses obtains or attempts to obtain such information shall be guilty of a misdemeanor. 



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