Daily Update for Tuesday, March 16, 2010

Legislative Day - 25

Senate Session

SB 397 - "Blue Alert"; create state-wide system to speed the apprehension of violent criminals; local, state, and federal law enforcement officer

SB 397 creates a “Blue Alert” for apprehension of violent criminals that seriously injure law enforcement officers. This is similar to the “Amber Alert’ for missing children.

SB 397 PASSED out of the senate by a vote of 48-0.

House Session

Rules Calendar:

HB 571 - Sexual offenders; classification; change and enact provisions

HB 571 updates and changes provisions of the law relating to the classification of sexual offenders. It amends Code Section 5-6-35 of the O.C.G.A., relating to appeals requiring an application for appeal, so as to make the Code section applicable to appeals from decisions of superior courts reviewing a decision of the Sexual Offender Registration Review Board. HB 571 also amends Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to procedures for sentencing in criminal cases, so as to provide that, with respect to sexual offenses committed after a certain date in this state, classification shall be by the sentencing court rather than the Sexual Offender Registration Review Board. The bill changes provisions relative to the process of classification by the Sexual Offender Registration Review Board and review of the classifications.

HB 571 PASSED out of the House 165-1.

HB 954 - Alimony; determining amount; not consider certain events; provide

HB 954 amends Code Section 19-6-5 of the Official Code of Georgia Annotated, relating to determining amount of alimony.  The court shall not consider previous marriages or relationships as relevant factors in determining amount of alimony.

HB 954 FAILED to pass out of the House 57-102.

HB 982 - Revenue and taxation; administrative garnishment; comprehensive revisions

This bill allows the Department of Revenue to file garnishments administratively as opposed to going through the court system.

HB 1188 PASSED out of the House 97-69.

HB 978 - Assault and battery; penalties for aggravated assault on explorer; provide

HB 979 amends Article 2 of Chapter 5 of Title 16 of the O.C.G.A, relating to assault and battery. The bill provides for penalties for committing aggravated assault on a law enforcement explorer. Law enforcement explorer is defined as, any person who is a current member of a law enforcement agency's explorer program and who is performing functions other than those required to be performed by a certified peace officer on behalf of a law enforcement agency while under the direct physical supervision of a sworn officer of that agency and wearing a uniform that bears at least one patch that clearly identifies the law enforcement agency that he or she represents. A person who knowingly commits the offense of aggravated assault upon a law enforcement explorer while they are engaged in his or her duties shall, upon conviction be punished by imprisonment for not less than five nor more than 20 years.

HB 978 PASSED out of the House 156-2.

Supplemental Rules Calendar:

HB 1322 - Public disclosure exemption; certain graphic image photographs; provisions

HB 1322 provides that certain crime scene material shall not be subject to the provisions of Article 4 of Chapter 18 of Title 50 of the O.C.G.A. Crime scene photographs and video recordings, including photographs and video recordings created or produced by a state or local agency or by a perpetrator or suspect at a crime scene, which depict or describe a deceased person in a state of dismemberment, decapitation, or similar mutilation including, without limitation, where the deceased person’s genitalia are exposed, shall not be subject to disclosure.

Amendment 1: “crime scene materials” changed to “crime scene photographs and video recordings. “Nude” changed to “genitalia.” Amendment adopted.

HB 1322 PASSED out of the House as AMENDED 163-0.

House Appropriations Public Safety Subcommittee

HB 1343 - Criminal cases; fees charged to probationers; change amount; provisions

HB 1343 changes the amount of certain fees charged to probationers. It also changes provisions relating to the waiver of the fees under certain circumstances and sanctions for failure to pay fees. In every case where a court sentences a defendant to probation or any pretrial release or diversion program under the supervision of the department, there shall be imposed a probation fee as a condition of probation, release, or diversion in the amount of $30.00 per month, and in addition, a one-time fee of $50.00 when the defendant is convicted of any felony.

The probation fee may be waived or amended after administrative process by the department upon determination as to the undue hardship, inability to pay, or any other extenuating factors which prohibit collection of the fee. The sentencing court shall impose sanctions for failure to pay fees unless payment has been waived by the department.

Amendment 1: Changes the one-time fee of $100.00 back to $50.00. Amendment adopted.

HB 1343 received a DO PASS as AMENDED by COMMITTEE SUBSTITUTE from the House Appropriations Public Safety Subcommittee.

Senate Public Safety Committee

Sen. Don Thomas presented SB 458 to the Senate Public Safety Committee

SB 458 - Safety Belts; eliminate certain exceptions to the required use of safety belts

SB 458 amends Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles. It defines the term 'passenger vehicle' to means every motor vehicle, including, but not limited to, pickup trucks, vans, and sport utility vehicles, designed to carry ten passengers or fewer and used for the transportation of people. It term excludes motorcycles; motor driven cycles; or off-road vehicles or pickup trucks being used by an owner, driver, or occupant 18 years of age or older in connection with farming operations.

SB 458 received a DO PASS from the Senate Public Safety Committee.

Sen. Mitch Seabaugh (R – Sharpsburg) presented SB 295 to the Senate Public Safety Committee

SB 295 - Motor Vehicles; prohibit municipalities from using speed detection devices on federal aid systems

SB 295 requires all law enforcement agencies to annually submit to the Commissioner of Community Affairs a report showing the amount of fines collected for speeding violations not exceeding 17 mph as well as the agency’s annual budget.

SB 295 received a DO PASS by COMMITTEE SUBSTITUTE from the Senate Public Safety Committee.

House Judiciary (Civil) Committee

Rep. Willard presented HB 1387 to the House Judiciary (Civil) Committee.

HB 1387 - Official Code of Georgia Annotated; correct errors and omissions

HB 1387 simply corrects grammatical and stylistic errors in the Official Code of Georgia Annotated.

HB 1387 received a DO PASS by the House Judiciary (Civil) Committee.

Rep. James Mills presented HB 1193 to the House Judiciary (Civil) Committee.

HB 1193 - Fee provisions; fee remittance for processing United States passports; change

HB 1193 relates to court clerks’ compensation for processing passport applications.  Currently, the processing fees were paid directly to the clerk as personal compensation.  This bill instead puts that money into the county treasury.

HB 1193 received a DO PASS by the House Judiciary (Civil) Committee.

Rep. Amos Amerson presented HB 1057 to the House Judiciary (Civil) Committee.

HB 1057 - Magistrate court clerks; General Assembly specify who serves as clerk; provide

HB 1057 amends Code Section 15-10-105 of the Official Code of Georgia Annotated, relating to magistrate court clerks. It provides that the General Assembly may at any time specify by local law who shall serve as clerk of magistrate court.

Amendment 1: It would add a Section 2 and deals with the situation if there is no local legislation regarding this issue.  Before a decision is made about the clerk, the court would be notified of it so they can possibly save some money.  The amendment also adds the phrase “unless otherwise provided by local law” after line 17 in the substitute to address the issue of there already being local legislation.  Amendment Adopted.

HB 1057 received a DO PASS by COMMITTEE SUBSTITUTE as AMENDED by the House Judiciary (Civil) Committee.

Rep. Willard presented HB 1236 to the House Judiciary (Civil) Committee.

HB 1236 - Court reports; reduce number of reports to distribute; change provisions

HB 1236 reduces the number of court reports that are distributed.

Amendment 1: Instead of giving the University of Georgia Law School Library two copies, gives them four per their request.  Amendment Adopted

HB 1236 received a DO PASS as AMENDED by the House Judiciary (Civil) Committee.

Rep. Willard presented HB 1279 to the House Judiciary (Civil) Committee.

HB 1279 - Legislative Council, Office of; softbound volumes of Georgia Laws; repeal certain requirements

HB 1279 reduces the number of softbound volumes of the Georgia Laws that are distributed.

HB 1279 received a DO PASS by the House Judiciary (Civil) Committee.

House Judiciary (Non-Civil) Setzler Subcommittee

HB 1040 - Georgia Registered Professional Nurse Practice Act; certain health activities not require license; provisions

This bill allows individuals with disabilities to be treated by a designated caregiver, as per the orders of a doctor or nurse. However, the individual (or their guardian) must waive liability for the licensed attending physician, nurse practitioner, or physician assistant, the registered professional nurse who trained such designated caregiver, and, when applicable, the licensed home or community based agency relative to their involvement in the performance of health maintenance activities by the designated caregiver.

No action was taken on HB 1040 by the House Judiciary (Non-Civil) Setzler Subcommittee.

HB 511 - Georgia Crime Information Center; criminal records; change provisions

            This bill provides for additional cases where criminal charges can be expunged.

            No action was taken on HB 511 by the House Judiciary (Non-Civil) Setzler Subcommittee.