Daily Update for Wednesday, April 22, 2010

Recess

House Judiciary (Non-Civil) Committee

SB 400 - Juvenile Proceedings; clarify provisions to juveniles receiving credit for time served

SB 400 clarifies provisions relating to juveniles receiving credit for time served and extends the sunset date for secure confinement from July 1, 2011 to July 1, 2013.

Amendment 1: On line 42, strike “2012” and replace with “2013.”  Amendment Adopted

SB 400 received a DO PASS as AMENDED by the House Judiciary (Non-Civil) Committee.

SB 391 - Proceedings; provide for certain children found incompetent to stand trial

SB 391 provides for certain children found incompetent to stand trial. In a situation where a child who is mentally ill or has a developmental disability and is in need of involuntary placement, the Department of Behavioral Health and Developmental Disabilities shall be authorized to place the defendant in a secure hospital or community facility designated by the department.

SB 391 received a DO PASS by the House Judiciary (Non-Civil) Committee.

SB 308 - Firearms; carrying and possession; change provisions; definitions

SB 308 amends Title 16 of the O.C.G.A., relating to crimes and offenses, so as to change provisions regarding the carrying and possession of firearms. It also provides for overt and covert security features on issued licenses beginning January 1, 2012. The probate courts shall petition the Department of Administrative Services to purchase the equipment and supplies necessary for producing the weapons carry licenses. For both weapons carry license applications and requests for license renewals, the judge of the probate court, shall within five business days following the receipt of the application, direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court.

This bill establishes that no person shall carry a weapon without a valid weapons carry license unless they meet certain exceptions. An individual convicted of the offense of carrying a weapon without a weapons carry license shall, on the first offense, be guilty of a misdemeanor. For the second and subsequent offenses, they shall be guilty of a felony. Upon conviction they shall be imprisoned for not less than two years and not more than five years.

SB 308 increases the weapons carry license application and renewal fee to $30. The bill establishes that if an eligible applicant fails to receive a license, temporary permit, or renewal license within the required time period and the application or request has been properly filed, the applicant may bring an action in mandamus or other legal proceeding in order to obtain a license, temporary license, or renewal license. In addition, the applicant shall be entitled to recover his or her costs in the action, including reasonable attorney's fees, upon showing that the denial of the application lacked substantial justification.

SB 308 allows individuals with a gun license to carry a firearm in bars with the permission of the owner, in school safety zones (within 1000 ft.), in private airports with the permission of the owner and unless otherwise prohibited by federal law, and in parking lots of universities, courthouses, etc. as long as the gun is in the car.  It restricts guns from being taken onto college campuses and in places of worship. This bill prohibits the carrying of weapons in certain unauthorized locations and provides for penalties.

Amendment 1: On line 494, after “upon,” add “a finding that such person is not eligible for a weapons carry license pursuant to Section B or” Amendment Adopted.

Amendment 2: On line 111, after “offense,” add “within 5 years, as measured from the date of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained.”  Amendment Adopted.

Amendment 3: On line 526, after “2012,” add “newly issued or renewal” Amendment Adopted.

SB 308 received a DO PASS as AMENDED by the House Judiciary (Non-Civil) Committee.

SB 42 - Georgia Indigent Defense Act of 2003; extensively revise; provide for the Georgia Public Standards Agency; director; powers/duties

The substitute to SB 42 amends Title 15 and Chapter 12 of Title 17 of the O.C.G.A., relating to courts and legal defense for indigents, respectively, so as to provide for local financial responsibility for funding conflict of interest cases. It provides funding for local programs that provide indigent defense services for conflict of interest cases.

In every case in which any court of the state shall impose a fine, which shall be construed to include costs, for any criminal or quasi-criminal offense against a criminal or traffic law, including civil traffic violations and violations of local criminal ordinances, of this state or political subdivision, there shall be imposed as an additional penalty $100.00. The sum provided shall be assessed, collected and paid monthly to the governing authority of the county for disbursement to programs that provide indigent defense services for conflict of interest cases. In the event there are excess funds for the programs, the moneys collected may be used for any purpose related to indigent defense.

The county governing authority receiving the funds shall submit a semiannual financial report, no later than the last day of the month following the reporting period, to the Georgia Public Defender Standards Council and the Administrative Office of the Courts. The financial report should state the total amount of funds received and the purposes for which the funds were expended during the reporting period in order to allow coordination of local and state funding sources for similar services. The Administrative Office of the Courts shall report annually to the General Assembly the county governing authorities that failed to submit semiannual reports during the previous calendar year.

SB 42 also reconstitutes the Georgia Public Standards Council with new membership, with the director being appointed by the Chief Justice of the Supreme Court. The council shall prepare annually a report in order to provide the General Assembly, Governor, and Supreme Court with information on the council's assessment of the delivery of indigent defense services. The Public Defenders Standards council shall prepare and submit to the Judicial Council of Georgia its budget estimate necessary for fulfilling the purposes of this chapter in accordance with Code Section 45-12-78. The council shall be authorized to seek, solicit, apply for, and utilize funds from any public or private source to use in fulfilling the purposes of this chapter.

NO ACTION was taken on SB 42 by the House Judiciary (Non-Civil) Committee.