This bill re-writes and modernizes Georgia's nearly 150 year old evidence code.  The new language largely tracks the Federal Rules of Evidence and applies to any motion, hearing or trial in Georgia's state courts on or after January 1, 2013.

The bill rewrites Title 24. It also modifies, in part, Titles 7-10, 14-17, 20, 22, 26, 28, 29, 31, 33-37, 40, 42-46, 48-50, 52, & 53.

HB 41 reduces the fee paid to the superior court clerks for preparing trial records for appeal from $10.00 per page to $1.00 per page. This bill also provides that the judicial operations fund fee will not apply to the issuance of certificate of appointment or reappointment of notaries public.

The clerk of superior court is required to provide an exact copy of the record (not to include the transcript) in all capital criminal cases where there was a conviction at no cost to the Attorney General's Office.

This bill restores county and city ability to regulate the use of bicycles on sidewalks. State law was amended two years ago to prohibit the riding of bicycles on sidewalks by anyone over the age of 12.

HB 100 creates a Georgia Tax Tribunal within the Office of State Administrative Hearings to hear only tax cases involving the Georgia Department of Revenue.

HB 114 provides that the fee for filing affidavits relating to the lien foreclosures on abandoned motor vehicles will be $10, as is provided in current statute, and no additional fees, such as the judicial operations fund, and other surcharges will be added.  Also adds a new section defining the contents of that can be retrieved from an impounded motor vehicle.

Under current law, it is illegal to remove a gun from certain public safety officers who are acting in the line of duty. HB 123 makes it illegal to remove a stun gun or taser from these public safety officials.

This bill re-writes Georgia's law on ownership of dangerous and vicious dogs. If a dog bites, attacks or attempts to bite or attack a person or domestic animal, then the owner of the dog or the person providing care to the dog will be liable for any damages, including consequential damages.  

HB 146 does not allow anyone in a residentially zoned area to train dogs to attack humans (or house dogs that have been trained to attack humans) unless such a use is specifically allowed in the county's zoning regulations.

HB 146 does not allow a person convicted of a serious felony, felony dogfighting or animal cruelty, felony trafficking of illegal drugs to own or reside with a dog that has not been spayed or neutered or a dog that has been classified as dangerous or vicious until ten years after the felon has completed his or her sentence.

HB 146 allows any judge to order the euthanasia of a dog if the court finds, after notice and an opportunity to be heard, that the dog has killed or seriously injured a person or presents a danger to people.

HB 146 also rewrites the Dangerous Dog Control Law as the Responsible Dog Ownership Law.

Under current law, a magistrate may only be removed from office for cause or for failure to complete required training. The removal is by the Judicial Qualifications Commission. HB 149 would allow the chief magistrate to petition the chief superior court judge to remove an appointed magistrate with or without cause. If the majority of superior court judges agree, then the chief magistrate can terminate an appointed magistrate.

Local law or the superior court judges determine how many magistrates are authorized for the county. The statute currently provides that the number may not be reduced to remove a magistrate from office in the middle of a term. HB 149 removes this requirement, which would allow a magistrate to be removed in mid-term if the number of magistrates authorized for the county is decreased pursuant to local legislation or decision of the superior court judges.

HB 162 clarifies that a person on the sexual offender registry may not take a picture of a minor without the parent's permission.

Current law allows judges to issue a search warrant after conducting a hearing through a video conference. HB 196 requires that a video recording of any oral testimony given in the video conference be maintained. Language clarifies that loss of video recording shall not be a reason for dismissal of charges.

HB 197 requires any hospital or other licensed health care facility which is not party to an emergency health care services contract with a sheriff or governing authority or its agent on July 1, 2011, shall be reimbursed no more than the applicable Georgia Medicaid rate for emergency health care and follow-up health care services provided to a detainee.

Under current law, certain fees are collected by the superior court clerks in conjunction with recording certain property records that are given to the Georgia Superior Court Clerks' Cooperative Authority to help fund a state-wide uniform automated information system.  This funding mechanism is scheduled to terminate on July 1, 2014.  HB 198 eliminates this sunset. This bill was signed by the Governor on April 16, 2012.

In addition to other issues, HB 200 requires that law enforcement training centers monitored by the Georgia Peace Officer Standards and Training Council and funded by the Georgia Public Safety Training Center are required to include training on methods of identifying, combating and reporting incidents where a person has been trafficked for labor or sexual servitude. Training and materials will also be required to provide proper detention facilities or alternatives to detention facilities for those who have been trafficked for labor or sexual servitude.

HB 203 requires the Peace Officer Standards and Training Council to provide notice of any investigation of a peace officer that may result in disciplinary action to the head of the employing law enforcement agency, the district attorney and the solicitor of the judicial circuit where the peace officer is employed.

HB 224 would require off-road vehicles to be registered and licensed by the State.  Vehicles owned by local government or used exclusively for agricultural or construction are exempted from this requirement.

Under current law, a peace officer is required to transport mental health patients who need emergency or involuntary treatment. HB 231 would allow a peace officer to request that medical transport provider be used, which could result in savings and redirect some offenders from the local jails.

HB 238 restructures the statewide public defender system by clarifying the roles and responsibilities of the Georgia Public Defender Standards Council (GPDSC) and the Director of the Agency. The legislation also reduces the size and responsibilities of the local supervision panels and has the local circuit public defender reporting to the Director of GPDSC. Reconstitutes the Council from a 15 member to a 9 member Council.  The Governor has five appointments, three of which must be county commissioners, the Lt. Governor and Speaker each have two appointments.

HB 247 allows applicants for initial licensure to request that a criminal history records check be conducted by a state or local law enforcement agency or by a private vendor approved by the department  This bill was amended in the Rules Committee to provide authority to the Firefighters Standards and Training Council to refuse to grant a certificate or to discipline a certified firefighter upon the determination that the applicant or firefighter has been convicted of a felony offense.  This bill also requires a criminal background check on potential guardians prior to appointment by the probate court to serve as a guardian by court order.  This bill was signed by the Governor on April 16, 2012.

This bill provides that cash bonds must be accepted for offenses in violation of commercial vehicle or driver safety; hazardous material transport; motor carrier insurance or registration; or road taxes on motor carriers. It further requires compliance with all federal motor carrier requirements.

This legislation changes the method that 9-1-1 fees are assessed on prepaid wireless cellular phones and service, and sets forth a method for distribution of the fees to local governments. The bill provides for a 75 cent fee on each retail purchase of a wireless telephone or purchase of service. The fee will be remitted by the retailer along with sales tax to the Department of Revenue. Fees will be distributed to 9-1-1 centers based on the population of the Public Safety Answering Point. For a full overview and summary of the legislation click here.

This bill allows members of a mobile crisis response team contracted with the Department of Behavioral Health and Developmental Disabilities to assist in the transport and admission of individuals who are mentally ill. Currently, only law enforcement officers provide this service.

This bill creates the 2011 Special Council on Criminal Justice Reform for Georgians to study Georgia's criminal justice and correction system to enhance public safety, reduce victimization, hold offenders more accountable, enhance probation and parole supervision and better manage a growing prison population. The Council would create a report of its findings and recommend legislation no later than January 9, 2012. The Council's recommendations would then be considered by a Special Joint Committee on Georgia Criminal Justice Reform. The joint committee would cause legislation to be introduced incorporating the recommendations without significant changes.

HB 266 would allow constables for the magistrate court to carry loaded weapons.