Staff Analysis of the Legislation
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HB 72 amends Title 16, Article 1 of Chapter 8 of Title 17, Chapter 5 of Title 30, and Title 31 of the O.C.G.A. The bill expands and clarifies protection of disabled adults and elder persons.
Section 1 clarifies the definition of mentally or physically incapacitated. Section 2 allows venue in any county in which any act was
performed in furtherance of the violation or in any county where the alleged victim resides.
Section 3 makes violations of Article 8 of Chapter 5 of Title 16 eligible for RICO prosecution.
Section 4 allows preferred scheduling on the docket for prosecution of these offenses, in order to expedite prosecution. Sections 5 and 6 define financial institutions and investment companies, and make their employees mandatory reporters of abuse.
Section 7 adds a felony violation of Code Section 31-7-12.1 to the list of record check requirements for certain facilities. Sections 8 through
11 address inspection warrants issued by the commissioner of community health.
The Language from SB 34 was added to HB 72. SB34 amends O.C.G.A ยง 51-1-29 by providing a definition of "emergency care" to include, but not be limited to, "the rescue or attempted rescue of an incapacitated or endangered individual from a locked motor vehicle." The intent is to provide immunity from liability to those persons who attempt to rescue any individual from inside a locked vehicle.
The language from HB 119 was added to HB 72. HB 119 amends Code Section 24-12-21 of the O.C.G.A., related to the disclosure of AIDS confidential
information. It authorizes probate judges to disclose to law enforcement officers who execute orders to apprehend the AIDS status of mentally ill persons who are to be apprehended. |
