Criminal Procedure (26)
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Date of Last Recorded Action: 4/8/2024

HB 0001 NeutralGeorgia Uniform Civil Forfeiture Procedure Act Wendell Willard
2/7/2014 House Committee Favorably Reported By Substitute Judy --
Auditing/Budget Civil Procedure Clerk of Court Criminal Procedure Debra Nesbit
District Attorneys Forfeitures, Fees, and Fine Add Ons General County Government Health and Human Services Indigent Defense
Law Enforcement Public Safety and Courts Revenue & Finance Revenue and Finance Sheriff
Superior Court
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.
HB 0055 SupportWiretapping by Law Enforcement - Statewide Application Golick, Rich 40th
2/13/2013 House - Effective Date JudyNC JUDYNC -
Criminal Procedure Debra Nesbit Law Enforcement Public Safety and Courts
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.
HB 0113 WatchPurge Convictions of Minors for DUI Under Limited Circumstances Kidd, E. Culver "Rusty" 145th
1/30/2013 House - House Second Readers JudyNC --
Criminal Procedure Debra Nesbit District Attorneys Public Safety and Courts Solicitors
This legislation would allow certain minors convicted of driving under the influence of drugs or alcohol to have their records expunged by filing an application with the district attorney or solicitor.  If the district attorney or solicitor denies such a request, the individual may appeal to superior court.  The district attorney or solicitor is required to establish that the individual did not meet the requirements of this code section by clear and convincing evidence.  If the court finds in favor of the individual, the county or the state may be required to pay attorney's fees and court costs.
HB 0146 SupportIssuance of Arrest and Search Warrants by Video Conference Weldon, Tom 3rd
7/1/2013 House - Effective Date JudyNC JUDYNC -
Correctional Institutions/Jail Criminal Procedure Debra Nesbit Magistrate Court Public Safety and Courts
State Court Superior Court
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.
HB 0271 NeutralForms of Collateral Required for Professional Bonding Companies Neal, Jay 2nd
7/1/2014 Effective Date JudyNC JUDYNC -
Criminal Procedure Debra Nesbit District Attorneys General County Government Law Enforcement
Open Records/Meetings Act Public Safety and Courts
This legislation was stripped and substituted with language that changes the required collateral for professional bonding companies.  Professional bonding companies that are new to a county or have operated continuously less than 18 months in the county must meet terms and conditions set by the sheriff.  Once a company has operated for 18 months or longer the cash escrow or other form of collateral shall not exceed 10 percent of the outstanding bail bond liability. This bill also prohibits bonding companies from purchasing insurance policies in lieu of establishing a cash escrow account or posting other collateral; provided however that bonding companies which had an insurance policy in place as collateral as of December 31, 2013 may continue to do so at the discretion of the sheriff.
HB 0349 NeutralAdult Criminal Justice Reform Clean Up Bill Golick, Rich 40th
7/1/2013 House - Effective Date JudyNC JUDYNC -
Clerk of Court Correctional Institutions/Jail Criminal Procedure Debra Nesbit District Attorneys
Indigent Defense Juveniles Law Enforcement Magistrate Court Probate Court
Public Safety and Courts Sheriff Solicitors
This legislation creates the Council on Criminal Justice Reform to continue to assess the impact of the Criminal Justice Reform Act. This legislation also provides for judges to deviate from mandatory minimums by following a procedure as outlined in the legislation, and revises the process for removal of arrest records.
HB 0392 SupportRelease of Unclaimed Cash Bonds To Local Governing Authority After One Year Allison, Stephen 8th
2/21/2013 House - House Second Readers JudyNC --
Criminal Procedure Debra Nesbit Public Safety and Courts
This legislation changes the time period that a cash bond must be held before being forfeited to the local governing authority from seven years to one year once the surety has been released.
HB 0671 WatchFirst Offense DUI - Interlock Device Required Rice, Tom 95th
2/26/2014 House Committee Favorably Reported By Substitute JudyNC --
Criminal Procedure Debra Nesbit District Attorneys Probate Court Public Safety and Courts
Shaun Adams Solicitors State Court Traffic Enforcement
HB 0699 WatchSearches with Warrants and GPS Devices Pezold, John 133rd
11/25/2013 House - House Prefiled ---
Criminal Procedure Debra Nesbit General County Government Law Enforcement Public Safety and Courts
Telecommunications

This legislation would prohibit counties from using GPS data in an electronic device to find the location of the device unless they have a search warrant. GPS or other location data could be obtained without a search warrant if a possible life threatening situation exists, if the information is necessary to respond to a call for emergency services, the device is reported stolen or the owner/user of the device consents to the acquisition of information. Failure to comply with this bill would be punishable for a civil fine up to $50.

HB 0736 OpposeProbate Courts - Expand Jurisdiction to Certain Misdemeanor Offenses Allen Peake
1/16/2014 House Second Readers JudyNC --
Code Enforcement Criminal Procedure Debra Nesbit Magistrate Court Probate Court
Public Safety and Courts State Court Superior Court

This legislation expands probate courts' jurisdiction to include misdemeanors related to alcoholic beverages and under age persons; to livestock running at large, to criminal trespass; to littering, to illegal dumping, to shopfliting ($500 or less); to theft ($1,500 or less); to fourth degree forgery; to obstructing or hindering a law enforcement officer, firefighter, EMT or other emergency medical professional; to obstructing or hindering a person making an emergency call; to giving false name or date of birth; to affray; to disorderly conduct; to harassing phone calls; to unlawful conduct during a 9-1-1 call; to public drunkenness; to possession of marijuana (one ounce or less); to possession or use of drug related objects; and to mandatory education for children between the ages of six and 16. The probate court would only have the ability to hear these cases if the defendant waives their right to a jury trial in writing.

HB 0776 NeutralStatewide Master Jury List - Cleanup Legislation Alex Atwood
7/1/2014 Effective Date Judy JUDY -
Civil Procedure Clerk of Court Criminal Procedure Debra Nesbit Leg Update Draft
Public Safety and Courts State Court Superior Court
This legislation is a clean up bill from the passage of the Statewide Jury Act passed in 2010.  The bill removes county board of jury commissioners as the entity responsible for jury lists.
HB 0790 WatchIllegal Timber Harvesting Laws Revised Chuck Williams
7/1/2014 Effective Date Judy JUDY -
Civil Procedure Criminal Procedure Fire Services General County Government Nat. Res. & the Environment
Property Tax Public Safety and Courts Revenue & Finance Todd Edwards
This legislation amends the civil and criminal laws related to removing timber from another person's property.
HB 0804 NeutralAllow Children toTestify in Trial Proceeding by Closed Circuit Television Edward Lindsey
7/1/2014 Effective Date JudyNC JUDYNC -
Criminal Procedure Debra Nesbit Juveniles Public Safety and Courts State Court
Superior Court

This legislation allows victims and witnesses under 18 years of age to testify outside of the physical presence of the defendant in certain situations. 

HB 0805 NeutralCertain Elected Officials Cannot be in Bail Bond Business Howard Maxwell
1/24/2014 House Second Readers GAff --
Criminal Procedure Ethics General County Government Public Safety and Courts Shaun Adams
Sheriff

This legislation allows elected officials other than sheriffs, officers of the court, law enforcement officers and attorneys to be in the bail bond business.

HB 0842 NeutralWaiver for Filing Fees for the Supreme Court and Court of Appeals for Incarcerated Individuals Wendell Willard
7/1/2014 Effective Date Judy JUDY -
Civil Procedure Clerk of Court Criminal Procedure Debra Nesbit Indigent Defense
Public Safety and Courts
This legislation allows inmates to file appeals in either civil or criminal cases to the Georgia Court of Appeals or Supreme Court without paying the $80 or $300 fee, even if the inmate is not indigent.
HB 0845 NeutralMugshots - Limit Posting on Web Sites Brian Strickland
7/1/2014 Effective Date JudyNC JUDYNC -
Criminal Procedure General County Government Law Enforcement Leg Update Draft Open Records/Meetings Act
Public Safety and Courts Todd Edwards
This bill prohibits law enforcement agencies from posting booking photographs (other than of those on the sex offender registry) on a web site.  Furthermore, law enforcement is prohibited from providing these photographs to persons who place them in publications or post on web sites and who charge a fee for removing or deleting these photographs.
HB 0848 EvaluatingProhibit Aircraft Over Private Property For Searching or Surveillance Stephen Allison
1/28/2014 House Second Readers JudyNC --
Code Enforcement County Surveyor Criminal Procedure Econ. Dev. & Transportation Emergency Management/Preparedness
Fire Services General County Government Law Enforcement Public Safety and Courts Revenue & Finance
Shaun Adams

This legislation prohibits the use of any type of aircraft (manned or unmanned) to operate 100 feet or closer to private property for purposes of "searching or engaging in surveillance" without a search warrant or permission of the property owner.

HB 0872 NeutralEvidence in Investigations of Law Enforcement Officers - Privileged Communication Between Officers and Peer Counselors Terry Rogers
7/1/2014 Effective Date PS&HS PUB SAF -
Civil Procedure Criminal Procedure Debra Nesbit General County Government Law Enforcement
Leg Update Draft Open Records/Meetings Act Public Safety and Courts Sheriff
This legislation makes communication between a law enforcement officer (or their immediate family) and a peer counselor privileged during investigations of a law enforcement officer.
 
HB 0923 NeutralRevision of Office of Child Advocate Role and Responsibilities Christian Coomer
3/3/2014 Senate Read and Referred JuvJ H&HS -
Coroners/Medical Examiners Criminal Procedure Debra Nesbit District Attorneys General County Government
Georgia Bureau of Investigation Health and Human Services Juveniles Law Enforcement Magistrate Court
Open Records/Meetings Act Public Safety and Courts Sheriff

This legislation makes changes to the duties of the Georgia Bureau of Investigation, the Child Advocate for the Protection of Children, the Georgia Child Fatality Review Panel, county child abuse protocol committees, and county child fatality review committees. The legislation also changes the portions of child abuse and dependency records that may be redacted under the open records law.

HB 0965 NeutralGeorgia 9-1-1 Medical Amnesty Law and Protocol for EMS and Paramedics to Prescribe Opioid Antagonists Sharon Cooper
4/24/2014 House Date Signed by Governor JudyNC H&HS -
Criminal Procedure Debra Nesbit EMS/Ambulance Health and Human Services Law Enforcement
Leg Update Draft Public Safety and Courts
This legislation provides immunity for those seeking or providing medical assistance to someone who may have overdosed on drugs or alcohol.  It allows EMS and paramedics to administer opioid antagonists to individuals who have an opioid related overdose. Additionally, the Department of Public Health is authorized, subject to appropriations from the General Assembly, to provide grants to first responders to assist in maintaining an adequate supply of opioid antagonists.
SB 0135 NegotiatingRequired DNA Collection on Every Person Arrested For A Felony McKoon, Joshua 29th
2/28/2013 House - House Second Readers JudyNC JUDYNC -
Criminal Procedure Debra Nesbit Law Enforcement Public Safety and Courts
This legislation requires law enforcement officers to collect a DNA sample for every person arrested for a felony offense if a magistrate or grand jury has determined that there is probable cause for arrest.
SB 0225 NeutralBonds - Relive Surety From Liability Under Some Circumstances in Criminal Cases Stone, Jesse 23rd
7/1/2013 Senate - Effective Date JudyNC JUDYNC -
Criminal Procedure Debra Nesbit Public Safety and Courts Sheriff
This legislation relieves surety (bail bondsman) from liability if a prinicipal is unable to attend court due to a mental or physical disability or receiving inpatient treatment.
SB 0231 NeutralJoshua's Law - Teen Driver's Educaiton Fund Renewed Loudermilk, Barry 14th
5/6/2013 Senate - Effective Date MotV JUDYNC -
Criminal Procedure Forfeitures, Fees, and Fine Add Ons General County Government Public Safety and Courts Revenue & Finance
Todd Edwards Traffic Enforcement
This legislation extends the sunset for the driver's education fine add-on until June 30, 2016; however, it reduces the fine add-on from 5 percent to 1.5 percent.  Furthermore, it requires that the Georgia Driver's Education Commission issue an annual report to the General Assembly listing how much in fines were raised each year (around $10 million of recent) and whether or not that money has been used for driver's education... or merely dumped into the state's general fund to be used for other purposes.  Note that of the $80 million raised since 2005, only $7 million has gone toward driver's education.       
SB 0355 EvaluatingRequirement for Law Enforcement to Develop Policies and Procedures Regarding Lineups Bill Cowsert
2/5/2014 Senate Read and Referred -JUDYNC -
Criminal Procedure Debra Nesbit General County Government Law Enforcement Open Records/Meetings Act
Public Safety and Courts Training

This legislation requires all law enforcement agencies to develop policies on lineups for witness identification of criminals. Policies must be submitted to POST no later than July 1, 2015.

SB 0365 NeutralOffender Re-Entry Reforms and Recommendations of the Criminal Justice Reform Council Jesse Stone
7/1/2014 Effective Date JuvJ JUDYNC -
Criminal Procedure Debra Nesbit General County Government Health and Human Services Juveniles
Leg Update Draft Personnel/Employment Public Safety and Courts
This legislation provides for additional revisions to the Juvenile Code Rewrite passed last session and requires implementation of a number of education and rehabilitation programs within the Department of Corrections for successful offender re-entry. For a section by section summary please click here.
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