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 creates the Board of Community Supervision to oversee the newly created Department of Community Supervision (DCS) and the Governor's Office of Transition, Support, and Reentry. All offender supervision activities will transfer from the Board of Pardons and Parole and the Department of Corrections to the new DCS. This legislation also transfers the County and Municipal Probation Advisory Council, the agency tasked with registration and oversight of private misdemeanor probation providers and governmental misdemeanor probation providers to DCS. The bill also includes requirements for increased transparency and financial reporting by the misdemeanor probation providers to the counties of fine collections, which was an ACCG priority. A county commissioner or manager is included as a mandatory board member for the new department. The Board will adopt rules and regulations governing the management and treatment of probationers and parolees, and the operation of misdemeanor probation supervision.

Probation  and Parole Offices will combine, some counties currently provide space to these entities, and these offices collect fine revenue from probationers to be processed and sent back to local governments.  Misdemeanor probation providers (county and private) will be required to submit an annual report to the county commission that contains the amount of fines and fees collected and the nature of such fees, including probation supervision fees, rehabilitation programming fees, electronic monitoring fees, drug and alcohol detection device fees, substance abuse or mental health evaluation or treatment fees, and drug testing fees; the number of community service hours performed by probationer under supervision; and, a listing of any other service for which a probationer is required to pay to attend.

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 authorizes the sheriff, tax commissioner, superior court clerk and probate judge ("constitutional officers") to develop their own credit card or purchasing card (p-card) policy and user agreement, rather than being issued one by the county.  The constitutional officers will be required to develop their own specific guidelines for the use of credit cards or p-cards by their department beginning on July 1, 2016.  The policy must designate the officials or employees in the constitutional officer's department who are authorized to use a credit card or p-card, specify a user agreement and transaction limits for the use of the card, include a description of authorized and unauthorized purchases, designate a credit card/p-card administrator, establish a process for auditing and reviewing the purchases made with the cards and outline procedures for addressing a violation of the credit card/p-card policies.  A copy of the specific policies promulgated by each constitutional officer must be filed with the board of commissioners. 

The ordinances, policies, procedures and user agreements with the constitutional officers adopted in 2015 to comply with the original law need to be examined and amended as necessary to remove the constitutional officers.    

A provision requiring counties to name all of its employees granted p-cards and credit cards in their local ordinance was removed from the bill before final passage.     

This legislation was developed over several years and incorporates many of the recommendations from the Governor’s Commission on 9-1-1 Modernization and Balanced Funding as well as recommendations from the Senate Study Committee. It is estimated the 9-1-1 centers could see as much as a 20 to 25 percent increase in revenues and double the prepaid fees that are collected at the point of sale and remitted to the Department of Revenue.

The Authority is made up of local officials, representatives from the telecommunications industry, and a GEMA representative, for a total of 15 members.

The Authority will provide statewide coordination of 9-1-1 activities in the state; provide planning; oversee compliance by carriers and service providers; audit service providers to ensure all fees are paid; and collect and distribute 9-1-1 fees through a centralized location. ALL 9-1-1 FEES COLLECTED IN A JURISDICTION WILL BE DISBURSED BACK TO THE JURISDICTION FROM WHICH IT CAME. 

The Authority may retain UP TO 3% for administration, for activities such as financial services, auditing and legal services.

The legislation eliminates the cost recovery charges that are billed back to jurisdictions by the wireless providers. It does allow the providers to bill their subscribers for cost recovery, but it will not come out of the 9-1-1fees received for the operation of the 9-1-1 center.

It also sets the 9-1-1 fees for landlines, wireless and prepaid, to $1.50 across the board.

 This legislation eliminates the sunset on the current method of certifying process servers by the sheriff. 

This legislation requires local governments to comply with the Georgia Personal Data Security Act. Because counties maintain electronic and physical copies of personal information, they must provide individuals with notice of any breach of security of the system that houses the personal information as soon as possible after the breach is discovered, but in no case later than 45 days. If the county uses a third party to store the personal information, the third party must notify the county within 72 hours of any data breach, so that the county can meet its notification requirements. If law enforcement determines that notification would impair an ongoing criminal investigation, notification can be delayed. If the county, after investigation and consultation with relevant federal, state or local law enforcement, determines that the breach was not likely to result in identify theft or financial harm to an individual, notification will not be necessary. The county will be required to provide a written certification within 30 days to the attorney general and to maintain a copy of the written certification for at least five years.