This legislation is a restructuring of the Civil Forfeiture Procedure Act which impacts drug forfeitures and seizures.  This statute is one of law enforcement's most effective tools in bringing down criminal enterprises. The district attorney, through a judicial process, can seize cars, cash and property of drug dealers and other criminals.  Many county commissioners refer to this forfeited property as drug fund money. The funds and property are used for law enforcement training, equipment and investigative expenses. The revised HB 1 standardizes the reporting requirements for law enforcement, and creates a new process for district attorney forfeiture funds.

This legislation provides clean up language to the Evidence Code Legislation that passed during the 2011 session regarding the State Board of Registration for Foresters and the Department of Public Health.  No impact to local government.

This legislation allows any school board to designate one or more qualified persons to carry a concealed firearm within a school safety zone or school building, at a school function, on school property or on a bus.  Said qualified person would have to obtain a weapons carry license, complete sufficient training, cannot be mentally or emotionally instable and have a criminal background check run annually. Firearms must either be locked up or carried concealed on the person at all times. Any person serving in this capacity would have to do so on a voluntary basis and the local school board is responsible for any costs associated with this process.       

Currently, Superior Court Clerks keep, as personal compensation, the $25 fee charged for processing U.S. passport applications.  This bill requires the Clerks to turn over these fees to the county governing authority.  Note that counties would remain free to provide this revenue back to the Clerk's office in whole or in part. 

This legislation clarifies the existing statute regarding wiretapping and trace devices to specify that warrants issued to district attorneys or the Attorney General to use trace devices or intercept communications shall have statewide application and shall be permitted in any location of the state.

This legislation requires alarm companies to attempt to verify alarm calls by calling or texting the property owner up to two times before sending the alarm signal to public safety for response.  The alarm companies would not be required to verify the alarm calls for fire alarms, panic alarms, robbery in progress alarms or alarms where the alarm company can tell from the audio or video that a crime is occurring.

This was the omnibus gun bill of this year's session. ACCG opposed three of its numerous provisions: weapons being allowed in local government buildings unless security and screening are in place; law enforcement not being able to detain persons carrying weapons to determine whether they are legally licensed to do so; and individuals being empowered to sue a county, an elected official or a county employee for any perceived violation of state firearms regulations.    

 

For a summary of HB 60, please click here.

 

To view how House members voted on the bill: http://www.legis.ga.gov/Legislation/en-US/vote.aspx?VoteID=12129

 

To view how Senate members voted on the bill: http://www.legis.ga.gov/Legislation/en-US/vote.aspx?VoteID=11927  

This legislation requires coroners, emergency medical technicians, paramedics and first responders to report suspected abuse of elders and disabled adults. Provides for criminal penalities for abuse of elders and disabled adults.

This legislation allows volunteer firefighters to receive a Class E or Class F driver's license free of charge if they bring in a copy of their firefighter certification and a letter from the chief executive officer of the county (or city) stating that they are a volunteer firefighter for the county (or city).

This bill states that guns, accessories, and ammunition that are made in Georgia and remain in Georgia are not subject to federal laws relating to firearms.

This legislation prohibits law enforcement officers, prosecutors, judges, jurors, witnesses, consultants, and any other county official or employee from enforcing federal laws regulating personal firearms that are owned or manufactured and remain in Georgia.  Violation of this proposed law is a felony.  Furthermore, the bill voids, in Georgia, any federal law or rule that bans or restrict ownership of a semiautomatic firearm or any magazine of a firearm, or require any firearm, magazine, or other firearm accessory to be registered in any manner.   

This legislation prohibits county officials and employees from changing the requirements regarding guns during a state of emergency. Those found guilty of violating this law will have to pay the prevailing party's reasonable attorney fees.    

This legislation, one of ACCG's top priorities, seeks to halt the now-common state practice of redirecting fees from their designated purposes to the state's general fund for other uses.  If fees for the Solid Waste Trust Fund, Hazardous Waste Trust Fund, Indigent Defense, Peace Officers and Prosecutors Training Fund and teen driver's education are not appropriated for their intended use, the fees will be reduced or eliminated, proportionate to the amount that is redirected. 

 

While the Senate once again halted this legislation, HB 276 did pass both chambers, applying the above fee-reduction mechanism to the Hazardous and Solid Waste Trust Funds.    

 

Click here for ACCG's HB 127 Press Release

 

Click here for ACCG's sectional summary of HB 127

 

Click here for ACCG's implementation timeline for HB 127        

This legislation changes the type of ante litem notice (i.e., a notice that someone intends to sue the city) that is required to be provided to a city before it can be sued.

This legislation specifies when certain information is provided by an individual who qualifies to run as sheriff.  It also removes the requirement that the candidate provide a copy of their birth certificate or the high school diploma.

This legislation requires bars, massage parlors, truck stops, rest areas, airports, hotels, emergency rooms, urgent care centers, job recruitment centers, farm labor contractors and day haulers to post notices on a form developed by the Department of Safety regarding a hot line for victims of kidnapping, slavery and human trafficking. Law enforcement is required to notify any of the businesses who fail to post the required sign in writing that failure to correct the deficiency within 30 days is a misdemeanor punishable by a fine of up to $500. The legislation purports to exempt the costs of prosecution from taxes and additional penalties, fees or surcharges.

This legislation allows a judge to participate in a hearing for an arrest or search warrant by video conference, regardless of the judge's location at the time of the conference.

This legislation changes the oath that bailiffs must take, which would allow them to give jurors water only to drink.  The oath also requires the bailiffs to swear that they will not allow jurors to have books, papers or electronic communication devices.

Among other things, this legislation allows law enforcement to obtain records regarding the deaths of individuals that may have been caused by the medication obtained through a pain management clinic.  Such records are not subject to the open records law.

This legislation allows an associate juvenile court judge to be appointed as judge pro tempore of the juvenile court in cases where the juvenile court judge cannot sit. Additionally, it removes the provision where orders of the associate juvenile court can be re-heard by the juvenile court judge when one of the parties appeals.

Counties may designate certain commercial areas (including up to a half-mile of contiguous residential property) with a high rate of drug related crimes as "drug-free commercial zones." A copy of the ordinance must be filed with the Department of Community Affairs (DCA), with a map and report.  This legislation would extend this felony designation to a drug crime occurring within a drug-free commercial zone adopted by a county and entered into DCA's registry on or before July 1, 2013.