This legislation requires DFCS to acknowledge in writing to the informant within 24 hours of receiving information about suspected child abuse and the completion of investigation. This legislation specifies that in the absence of a DFCS agency, the law enforcement agency or prosecuting attorney shall acknowledge receipt of report, and the results of any investigation.  This legislation should have no impact on the counties with DFCS offices, for those without a DFCS office the responsibility will fall to local law enforcement.

This legislation relocates and rewrites the civil procedure by which law enforcement seize and dispose of property or assets involved with illegal activity by state and local law enforcement. For a general summary click here.  This legislation was amended to include the language from H.B. 418 which changes the qualifications for persons serving on the grand jury.

This legislation will require the sheriff to report on a standardized form, the assets and cash seized and forfeited, and submit to the county commission, as well as the Carl Vinson Institute.  Counties should continue to include this form with the budget submission to the Carl Vinson Institute. If the Sheriff fails to comply with reporting requirements their ability to seize assets and forfeitures will be suspended.

This legislation transfers certain responsibilities for juvenile issues from the Department of Human Services (DHS) to the Criminal Justice Coordinating Council (CJCC). It also creates an advisory board to the CJCC for juvenile justice issues to consist of 33 members appointed by the Governor, that is responsible for creating a three year plan and provide annual reports of progress annually.  This legislation was amended to include the transfer of the licensing of domestic violence shelters from DHS to CJCC. This bill will have no fiscal impact on counties, but could create mandates in the future.

This legislation provides for a state salary increase of 5 percent across the board for superior court judges, district attorneys and circuit public defenders. The bill also includes a state supplement of 6,000 per year to superior court judges, district attorneys and circuit public defenders who have an accountability court operating within their judicial circuit. Language is included to exclude other officials who are tied by local legislation from receiving the same supplement or having the state supplement used in calculating any other officials salary that is tied to the superior court judge, district attorney or circuit public defender. However, if other officials are tied to the state salary, the 5 percent across the board in state pay will be used in calculating those officials salaries. This legislation also provides for the establishment of the Judicial, District Attorney and Circuit Public Defender Compensation Commission to conduct periodic reviews of all aspects of compensation and workload assessment and resource utilization.

If other county employees or officials are tied to the superior court judges salary, the 5% increase will apply to those tied.  The salary increase is effective January 1, 2016. 

This legislation changes the juvenile code to include recommendations made by the Georgia Council on Criminal Justice. The juvenile code rewrite inadvertently assigned all juvenile traffic cases to juvenile court, which caused a major increase in caseload and the juvenile courts do not have the administrative capability to handle traffic cases.  This legislation corrects the statute to transfer jurisdiction for those traffic cases back to other local courts that handle traffic offenses.  Additionally this bill authorizes the district attorney to file petitions and prosecute CHINS cases in juvenile courts.

County Impact:  District Attorney's can now prosecute juvenile cases. 

 This legislation changes how law enforcement officers obtain search warrants and conduct searches.  

This legislation adds the district attorney to the board of trustees of the county law library for each county in his or her judicial circuit.

The current version of the bill would allow the county law library board of trustees (i.e., the chief judge of the superior court, the probate judge, the superior court clerk, two attorneys and, if applicable, the senior state court judge and solicitor) to change the disbursement of excess funds for the county law library. The county law library is funded by a $5 fee charged in all court actions. The board of trustees uses the money to purchase books, supplies, equipment, technology and staff for the county law library, law libraries for the judges and the codification of county ordinances. Currently, the trustees must give any excess county law library money to a charitable tax exempt organization that provides civil legal representation to low income individuals. Any additional excess funds must be given to the county board of commissioners to be used to purchase fixtures and furnishings for the courthouse.

HB 738 would give the trustees the option to continue to give excess money to the representation of low income individuals or to purchase software, equipment, fixtures or furnishings for the district attorney, solicitor, and county judicial offices.  Upon the determination by trustees of excess funds, such funds shall be turned over to the county board of commissioners to be used on the courthouse.

This bill also clarifies in statute that the law library fee is an "add-on" and not deducted from the base filing fee that is retained by the county general fund.

This legislation requires a court to pause civil forfeiture proceedings on property involved in criminal proceedings until the criminal proceedings are over. Current law only stays the civil forfeiture proceedings if good cause is shown to the court by either the state or the property owner. If the criminal proceeding ends in an acquittal or dismissal, then the there can be no civil forfeiture. Under current law, civil forfeiture may continue even if the criminal proceeding ends in an acquittal or dismissal.

 This legislation changes the child abuse protocol committees in multi-county judicial circuits. 

This legislation gives the Agriculture Commissioner the authority to regulate the manufacture and sale of e-liquids and vapor pens. Counties have the authority to adopt ordinances and resolutions to inspect e-liquids sold within the county so long as the ordinance or resolution does not conflict with any power or authority of the Agriculture Commissioner. Counties are not permitted to adopt sanitary standards or specifications that are any less than those adopted by the Agriculture Commissioner. 

This legislation prohibits businesses (as well as their affiliated entities, executive employees, and employees whose compensation is determined by the award of government contracts) from making campaign contributions to state and local elected officials or candidates for offices that are responsible for awarding the contract to the business. 

Specifically, businesses with more than $50,000 per year in contracts with counties, cities, school boards and local authorities may not make contributions to any candidate or campaign committee of an official (or individual seeking office) responsible for awarding contracts. The prohibition lasts for the term of office of an incumbent officeholder or for two years following the expiration/termination of the contract, whichever is longer. Any business that violates this provision three or more times within three years will have all of their contracts with the county and the state voided.

Similarly, businesses (as well as affiliated entities and affiliated individuals) with a total of pending bids and offers over $50,000 to counties (or the total of existing contracts with the state and pending bids and offers to counties is over $50,000) are prohibited from making contributions to any candidate (or their campaign committee) whose office is responsible for awarding the contract for which the bid or offer was submitted.

The county may void a contract with any business that violates either of these provisions related to donations to local officials or candidates within 90 days of the violation.  Any business that violates the prohibition against making contributions to state officials or candidates three or more times within a three year period may not respond to any county invitation to bid or request for proposal.

Any candidate or campaign committee that received a contribution in violation of this law must pay the state the amount of the contribution illegally made.