2006 Legislative Bills

The following is a list of bills that have been introduced (as of February 7, 2006) which may be of interest:

• House Bills
• House Resolutions
• Senate Bills
• Senate Resolutions

House Bills

HB 942: This bill changes the penalties so that if an adult (18 years or older) is convicted of rape of a person 12 years old or younger they can receive a sentence of life without parole. 

HB 944: This bill provides for limitations on admission of extrinsic transactions into evidence during trials where the defendant is indicted for a serious violent felony.  Extrinsic transaction means an independent crime or separate act that occurs prior or subsequent to the crime or crimes alleged in the defendant’s indictment. 

HB 946: This bill changes current definitions so that a person must be at least 16 years old to be charged with prostitution.

HB 948: This bill changes the language regarding incest to be gender neutral.

HB 956: This bill provides that a probation violation arrest warrant by be issued by means of a video conference.

HB 1031: This bill changes the language regarding sodomy to be gender neutral.

HB 1059:  This bill provides for harsher penalties and stricter restrictions to persons convicted of sex offenses.

HB 1093:  This bill authorizes law enforcement to issue citations for nontraffic misdemeanors. 

HB 1094:  This bill increases the cap on the fine for Open Container in a Motor Vehicle from $200 to $500.

HB 1163: This bill allows for a hearing to send a SB 440 case from superior court to juvenile court.

HB 1171: This bill provides for a specific date of surrender of a driver's license for the computation of license suspensions/revocations.

HB 1185: This bill increases the punishments for people convicted of burglary and theft.

HB 1193: This bill prohibits the owning of vehicles containing false or secret compartments.

HB 1220: This bill adds a $10 fee to fines for traffic offenses (HB 1221 does the same).

HB 1225: This bill provides for a new Interstate Compact on Juveniles.

HB 1234: This bill changes code provisions relating to the possession of firearms in publicly owned buildings and at public gatherings.

HB 1235: This bill creates a procedure where members of a jury may submit questions to be asked to a witness.

HB 1239: This bill provides for annual education in junior high schools about changes to criminal law in Georgia and how it can impact them.

HB 1250: This bill extends the repeal date of the Probation Management Act of 2004 which created Day Reporting Centers from July 2006 to June 2008.

HB 1256: This bill requires procedures to be instituted for the goal of enhancing eyewitness identification accuracy.

HB 1266: This bill states that people in jail who are under the care and supervision of the Department of Human Resources for mental health reasons are transferred from the jail to a mental health facility until the time of their trial.

HB 1302: This bill amends the "Georgia Street Gang Terrorism and Prevention Act" by enhancing the penalties for participating in criminal street gang activity and providing for the admissibility of certain evidence at trial.

HB 1320: This bill extensively revises provisions relating to the offense of littering and other related environmental offenses.

HB 1330: This bill removes certain limitations with respect to the offering of rewards for the detection/apprehension of felons.

HB 1340: This bill provides for an indigent defense coordinator who will be responsible for reviewing applications for legal defense services.

HB 1396: This bill provides that any child over 14 that violates curfew can be held in custody up to 72 hours.

HB 1407: This bill adds vehicular homicide to the list of “7 deadly” crimes in which children between 13-17 may be prosecuted and incarcerated as adults.

HB 1418: This bill creates the Georgia Methamphetamine Offender Registry, requiring people convicted of certain methamphetamine offenses to register with the Georgia Bureau of Investigation.

HB 1421: This bill requires speedy trial demands to be filed separately from any other pleading or document and requires the presence of the defendant at every calendar call in order for the speedy trial demand remain in effect.
                                                                       
HB 1431: This bill changes for which services the local governments can contract with the circuit public defenders.  It also prohibits the requiring of the local governments from appropriating additional funds to cover the cost of indigent defense.  Finally, it prohibits the circuit public defenders from refusing to provide representation.

HB 1439: This bill provides for the crime of unlawful confiscation of legally owned and carried
firearms.

HB 1454: This bill provides that the state will not tax as income compensation for wrongful convictions.

HB 1465: This bill provides for forfeiture proceedings for motor vehicles used in the commission of certain sexual offenses against victims under 14.

HB 1482: This bill provides that the general public shall be allowed to attend juvenile proceedings with certain exceptions.

HB 1497: This bill provides requirements and penalties for owners of vicious dogs.

HB 1500: This bill creates different standards and penalties for certain felonies in juvenile proceedings and amends provisions relating to competency evaluations and waiver of counsel in juvenile proceedings.

HB 1512: This bill creates offense of unlawful conduct during 911 calls.

HB 1543: This bill provides for increased penalties if assault or aggravated assault is committed against a prosecutor.

HB 1552: This bill would authorize the courts to impose the death penalty without a unanimous vote by the jury.

HB 1563: This bill provides that a person found not guilty after a criminal trial shall be entitled to have the record of his/her arrest expunged.

House Resolutions:

HR 1154:  This bill creates a House Study Committee on Georgia State Patrol. 

HR 1228: This bill provides for a constitutional amendment to impose a $10 fee to all criminal and traffic fines.

HR 1336: This bill provides for the election of the Georgia Supreme Court Justices from districts.

HR 1392: This bill urges the State to implement and offer programs and education for substance abuse offenders to prevent recidivism.

Senate Bills:

SB 372:  This bill changes many definitions regarding sex offenders, provisions for the sex offender registry, and residential requirements.

SB 377: This bill changes the potential sentences for many sex offenses to a mandatory minimum of 25-50 years to life imprisonment.

SB 378:  This bill increases the distance requirement of where the registered sex offenders may live from areas where minors congregate from 1000 feet to 2500 feet.

SB 393: This bill provides for enhanced penalties for certain aggravated violations of the stalking statute. 
SB 396: This bill provides that a person who is attacked has no duty to retreat.

SB 398: This bill changes provisions relating to the court's instructions and procedures related to psychiatric evaluations of a defendant entering a plea of insanity.

SB 421:  This bill authorizes arresting officers in certain cases to issue a nontraffic misdemeanor citation and release the person cited on his or her recognizance. 

SB 428:  This bill prohibits the illegal manufacture, distribution, dispensation, or possession with intent to distribute a controlled substance or marijuana in, on, or within a church or other house of worship. 

SB 449:  This bill prohibits registered sex offenders from residing at institutions of higher education in this state.

SB 451:  This bill provides that notice of conviction and release of a person who is required to register as a sexual offender shall be made for offenders sentenced directly to probation or who are newly established residents in a county, and it requires annual renewal of a driver’s license for registered sex offenders.

SB 477: This bill requires counties to give authorization to the Department of Corrections before it can build or lease a new facility within that county.

SB 478: This bill increases the penalties for committing a sex offense against a mentally challenged person.

SB 485: This bill provides that certain persons convicted of speeding violations will be required to display a habitual speeder bumper sticker.

SB 488: This bill provides that the Dept. of Family and Children Services will be notified of any person convicted of DUI with a minor in the vehicle.

SB 490: This bill requires people convicted of their second DUI to display a habitual drunk driver bumper sticker.

SB 491: This bill provides that a person's fifth offense of DUI will be a felony.

SB 502: This bill provides for a comprehensive revision and reform of the laws relating to operating motor vehicles under the influence of drugs, alcohol etc.

SB 503: This bill imposes the application fee as a condition of probation if it is not paid upfront or waived by the court; failure to pay the fee will not result in the denial of representation; failure to pay the fee will not be the sole basis for revocation; this bill also staggers the terms of the council members; and provides for certain technical changes.

SB 521: This bill provides for civil commitment for certain sex offenses when aggravating circumstances are found beyond a reasonable doubt.

SB 522: This bill extends the commitment time for a delinquent juvenile.

SB 529:  This bill creates the offense of trafficking a person for labor servitude and offense of trafficking a person for sexual servitude punishable by one to 20 years imprisonment.

SB 543: This bill changes provisions on granting appeal bonds and on what offenses are bailable.

SB 544: This bill provides that certain property used in conjunction with the producing of fake identification cards will be classified as contraband.

SB 546: This bill prohibits certain uses of cell phones while operating motor vehicles

SB 560: This bill provides that it shall be unlawful to have carnal knowledge with a disabled person who is incapable of granting consent.

SB 583: This bill requires the State’s consent before the defendant can waive his or her right to trial by jury in a criminal case.

SB 598: This bill provides for certain requirements before a registered sex offender can enter a school or day-care center.

SB 600: This bill calls for a moratorium on Georgia's death penalty.

SB 606: This bill creates criminal offense of disorderly conduct at funerals, memorials or funeral proceedings.

SB 631: This bill repeals provisions regarding the distribution and definition of obscene material, and provides for the criminal offense of distribution of obscene material.

SB 665: This bill provides for the offense of criminal neglect of an adult when such caregiver fails to perform his or her care giving duties and such failure causes the elder person or vulnerable adult to suffer bodily harm.

Senate Resolutions:

SR 700: This bill continues the Juvenile Law Commission.

SR 793: This bill provides for the ratification of the Standards Council’s standard on the Removal of a Circuit Public Defender.

SR 954: This bill ratifies the Georgia Public Defender Standards Council’s Performance Standards for Criminal Defense Representation in Indigent Criminal Cases.

SR 955: This bill ratifies the Georgia Public Defender Standards Council’s Performance Standards for Juvenile Defense Representation in Indigent Delinquency and Unruly Cases.

SR 1030: This bill is a resolution creating the Georgia Capital Punishment Study Commission to study the death penalty in Georgia.