HB 0089 |
Neutral | Extension of Date of Incorporation of Local Ordinances for Drug Free Commercial Zones |
Bruce, Roger 61st |
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7/1/2015 |
Effective Date |
JudyNC |
JUDYNC |
- |
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| This legislation extends the date for adoption of drug free commercial zones by local ordinance to July of 2015. |
HB 0233 |
Support | Georgia Uniform Civil Forfeiture Procedure Act |
Atwood, Alex 179th |
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7/1/2015 |
Effective Date |
Judy |
JUDYNC |
- |
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| 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. |
HB 0263 |
Support | Expansion of Criminal Justice Coordinating Council (CJCC) to Include an Advisory Board on Juvenile Justice Issues and Planning and Transfer of Licensing of Domestic Violence Shelters to CJCC |
Coomer, Christian 14th |
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7/1/2015 |
Effective Date |
JuvJ |
JUDYNC |
- |
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| 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. |
HB 0268 |
Neutral | Change in Procedures for Mandatory Reporters of Child Abuse |
Ballinger, Mandi 23rd |
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7/1/2015 |
Effective Date |
JuvJ |
JUDYNC |
- |
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| This legislation requires law enforcement officers (and other mandatory reporters of child abuse) to report to the person in charge of a hospital, school, agency or facility, when he or she receives reliable information that child abuse has occurred involving a volunteer or employee that attends to a child pursuant to their duties at a hospital, school, social agency or similar facility. There will be no fiscal impact for counties. |
HB 0304 |
Neutral | Clarification of Procedures for Serving Consecutive Criminal Sentences |
Hightower, Dustin 68th |
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3/22/2016 |
Senate Tabled |
JudyNC |
JUDYNC |
- |
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| This legislation clarifies that, even in the case of consecutive sentences with mandatory probation, the period of probation may not begin until the defendant has served all of his or her period of confinement. |
HB 0328 |
Support | Criminal Justice Reform Council Recommendations Regarding Re-entry and Indigent Defense Services and Provides Authority for Counties to Contract with Companies to Collect Expired Fines |
Efstration, Chuck 104th |
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7/1/2015 |
Effective Date |
JudyNC |
JUDYNC |
- |
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| This legislation makes changes to the parole eligibility. Provides for employment assistance and public assistance eligibility for prisoners released back into the community. A committee substitute was adopted that makes changes to the Public Defender Standards Council which would remove the word "standards" from the name of the agency as well as the statute. This bill also proposes to remove the approval of the council procedures under which indigent defense services are provided, but the council remains the fiscal officers for all CPD offices. This legislation was amended to include the language from H.B. 377 which clarifies that local governments may contract with a vendor to provide collection of expired fines. As passed this legislation will have no statewide fiscal impact to counties, but for those who contract to collect expired fines, could generate revenue. |
HB 0361 |
Support | Criminal Justice Reform Council Recommended Changes to Juvenile Code |
Welch, Andrew 110th |
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5/5/2015 |
House Date Signed by Governor |
JuvJ |
JUDYNC |
- |
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| 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. |
HB 0452 |
Neutral | Name Change of Family Violence and Stalking Protective Order Registry and Expansion of Coverage |
Ballinger, Mandi 23rd |
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7/1/2015 |
Effective Date |
Judy |
JUDYNC |
- |
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| This legislation changes the Family Violence and Stalking Protective Order Registry to the Protective Order Registry. It expands coverage of the registry to pretrial release orders and sentencing orders that prohibit contact or stalking. |
HB 0874 |
Neutral | Street Gang Terrorism Prosecution |
Reeves, Bert 34th |
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5/3/2016 |
House Date Signed by Governor |
JudyNC |
JUDYNC |
- |
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| This legislation changes the crime and prosecution of street gang terrorism. |
HB 0905 |
Evaluating | Child Abuse Protocol |
Ballinger, Mandi 23rd |
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7/1/2016 |
Effective Date |
JudyNC |
JUDYNC |
- |
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| This legislation changes the child abuse protocol committees in multi-county judicial circuits.
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HB 0941 |
Neutral | Grand Jury Review of Peace Officer's Use of Deadly Force |
Golick, Rich 40th |
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7/1/2016 |
Effective Date |
JudyNC |
JUDYNC |
- |
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| This bill makes procedural improvements for grand juries investigating police use of deadly force. Currently officers may attend the entire proceedings, provide statements, and rebuttals. Under the new procedure a court reporter is required to take down the entire proceeding and the officer may provide a statement to the grand jury, but will not be allowed to attend the entire proceeding. This legislation also provides for a 20 day notice to the officer of the proceeding, but eliminates a notice requirement to elected officials of a grand jury proceeding regarding alleged unprofessional conduct. This legislation also removes a population threshold for special grand juries. Under current law, in counties with a population of 70,000 or more, any county elected official and any city elected official may request that the superior court judges convene a special grand jury to investigate any violation of state law or any other matter subject to investigation by grand juries. HB 941 removes the 70,000 population threshold, making it apply to all counties. |
HB 0949 |
Neutral | Purchasing Cards and Credit Cards for Constitutional Officers |
Powell, Alan 32nd |
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7/1/2016 |
Effective Date |
JudyNC |
JUDYNC |
- |
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| 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. |
HB 0976 |
Support | Records Retention Requirements for Law Enforcement Body Camera or Dash Camera Video |
Hitchens, Bill 161st |
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7/1/2016 |
Effective Date |
PS&HS |
JUDYNC |
- |
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| This legislation establishes a records retention schedule for video recordings from law enforcement body worn cameras or devices located on or in a law enforcement vehicle. These recordings are required to be kept for 180 days unless the recording is part of a criminal investigation, shows a car accident, shows the arrest or detainment of an individual, shows a law enforcement officer's use of force, or can reasonably be anticipated to be necessary for pending litigation, in which case it must be kept for 30 months. If litigation is commenced within that 30 months the video must be kept until the lawsuit is completed. Counties may charge an additional $10 to make copies of videos.
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HB 0979 |
Support | Increase Penalties for Assault and Battery Committed Against Hospital Emergency Room and EMS Personnel |
Caldwell, Jr., Johnnie 131st |
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7/1/2016 |
Effective Date |
JudyNC |
JUDYNC |
- |
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| This legislation makes it a crime to assault an EMS worker, punishable by five to 20 years in prison. |
SB 0008 |
Neutral | Creation of Safe Harbor For Sexually Exploited Children Fund and Rachel's Law |
Unterman, Renee 45th |
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7/1/2015 |
Effective Date |
JuvJ |
JUDYNC |
- |
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| This legislation creates a $2,500 additional penalty assessed against those found guilty of sex crimes against children. This additional assessment is collected and remitted to the state in the same manner as other court fees and surcharges by the clerk of the superior court. The penalty will be remitted to the Safe Harbor for Sexually Exploited Children Fund, to provide rehabilitation and treatment of sexually exploited children. See SR 7. This bill also includes language from H.B. 244 which requires all adult entertainment establishments to pay to the Department of Revenue a state operation fee equal to the greater of 1 percent of the previous year's gross revenue or $5,000. This fee is in addition to any other fees required by the county. The fees collected will be remitted to the Safe Harbor for Sexually Exploited Children Fund Commission. Additionally, the legislation provides for forfeiture of property used directly or indirectly for the purposes of prostitution and/or pimping. This legislation will not require additional administrative duties from the counties, but local law enforcement can seize property used for the purposes of prostitution or pimping. |
SB 0077 |
Neutral | DNA Collection by Local Jails of Anyone Charged with a Felony |
Albers, John 56th |
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3/7/2016 |
House Second Readers |
JudyNC |
JUDYNC |
- |
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| This legislation requires DNA samples be collected in jails and correctional institutions of anyone charged with felony or under felony supervision with a subsequent arrest. The Georgia Bureau of Investigation is responsible for the DNA databank and testing. This legislation will become effective with a specific appropriation. |
SB 0094 |
Neutral | Require Written Procedures for Enhancing Witness Identification Accuracy and Revision of Search and Seizure Law |
Bethel, Charlie 54th |
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7/1/2015 |
Effective Date |
JudyNC |
JUDYNC |
- |
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| This legislation requires law enforcement agencies that conduct live lineups, photo lineups or show ups to adopt written procedures to determine whether a witness identifies someone as a perpetrator of an alleged crime. The procedures are subject to the open records law. This legislation was amended in in the House Judiciary Non-Civil Committee to include HB 430 which is the revision of Georgia's search and seizure law. This legislation should have no significant fiscal impact on counties, but will require the adoption of policies and procedures for law enforcement. |
SB 0154 |
Neutral | Law Enforcement may Record in Private Places While Executing Search Warrants |
Stone, Jesse 23rd |
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4/2/2015 |
House Withdrawn, Recommitted |
JudyNC |
JUDYNC |
- |
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| This legislation allows law enforcement officers or their agents to observe, photograph and record activities of another that occur in the presence of the law enforcement officer or his or her agent during the execution of a search warrant. This bill authorizes the use of body cameras but does not mandate law enforcement to use a body cameras.
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SB 0159 |
Negotiating | No-knock Search Warrant Requirements |
Stone, Jesse 23rd |
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1/11/2016 |
Senate Recommitted |
- | JUDYNC |
- |
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| This legislation prohibits law enforcement from using no knock search warrants unless the department has a written policy that meets certain standards and the officer provides an affidavit or testimoney that the the act of knocking and announcing the officer would be dangerous to human life, inhibit the effective investigation of a crime by allowing destruction of evidence or would be futile. |
SB 0195 |
Neutral | Professional Bondsmen Increase in Fees - Changes to Bench Warrant Process |
Williams, Michael 27th |
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7/1/2015 |
Effective Date |
JudyNC |
JUDYNC |
- |
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| This legislation increases the fees for registration and continuing education for professional bondsmen. This bill also changes the law regarding the timing of issuance of bench warrants for failure to appear. |
SB 0254 |
Evaluating | Expansion of Probate Court Jurisidiction to Include Drug Offenses |
Jones II, Harold 22nd |
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1/12/2016 |
Senate Read and Referred |
- | JUDYNC |
- |
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| This legislation expands the jurisdiction of probate court to handle additional controlled substance violations. |
SB 0267 |
Negotiating | Guns - Reduce Local Licensing Fee by Half |
Williams, Michael 27th |
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1/13/2016 |
Senate Read and Referred |
- | JUDYNC |
- |
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| Under this legislation, the weapons carry license fee going to the county probate court is cut in half, from $30 to $15, for applicants age 65 and over. ACCG commends the state for proposing a reduced licensed fee for this age group; however, this $30 fee is the cost to counties to process and create the license. Otherwise local taxpayers would be subsidizing this cost. If the state wishes to reduce the license charge it should instead step up and either reduce/eliminate its (GBI) state and federal background charge from the current $44 or simply not require the probate judges to process licenses all together. |
SB 0278 |
Watch | Pimping and Pandering Offenders Placed on Sexual Offender Registry |
Unterman, Renee 45th |
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3/14/2016 |
House Withdrawn, Recommitted |
JudyNC |
JUDYNC |
- |
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| This legislation adds pandering to the list of crimes that must be reported to the Sexual Offender Registry. |
SB 0332 |
Neutral | Guns - Permit Exemptions for Judges |
Kennedy, John 18th |
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7/1/2016 |
Effective Date |
PS&HS |
JUDYNC |
- |
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| This legislation specifies the current and former state and federal court judges who are exempt from some of the restrictions on gun carry laws. |
SB 0367 |
Neutral | Annual Omnibus Criminal Justice Reform Legislation |
Kennedy, John 18th |
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7/1/2016 |
Effective Date |
JudyNC |
JUDYNC |
- |
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| This legislation enacts the recommendations made by the Georgia Council on Criminal Justice Reform. For a summary of the legislation, click here. |