2007 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 1 | Amending OCGA § 16-12-140
Making the performing of an abortion a felony punishable as murder (death or imprisonment for life). Additionally, any alleged violation by a physician would result in the suspension of her license and a conviction would result in a revocation of her license.

HB 26 | Creating OCGA § 24-2-5
Providing that when someone is indicted for a serious violent felony, evidence of prior crimes may not be admitted unless (1) its probative value outweighs potential prejudice or confusion; (2) the prior crime is so similar to the current one that it could be considered “signature”; (3) it is used to show motive, identity, intent, or a pattern; (4) there is sufficient evidence beyond a reasonable doubt to convict him of the prior crime; and (5) there is a logical connection so that proving the prior crime also proves the present one. Where character has been put in issue, rules of evidence regarding extrinsic evidence will control.  The bill sets the procedure for when the State is seeking to introduce extrinsic evidence.

HB 37 | Amending OCGA § 42-4-6.1
Providing that those confined to jail who are under the custody or supervision of the Department of Human Resources or its facilities for mental health reasons must be transferred by the Department to a mental health facility within fifteen days of his or her confinement and until competency is determined or until trial, with any time spent in the facility to count toward time served in the case of conviction.

HB 50 | Creating OCGA § 39-3-10 et seq.
Creating the “Interstate Commission for Juveniles,” which shall enact rules to ensure that member states coordinate the return of delinquent juveniles or status offenders who have run away.

HB 52 | Amending OCGA § 15-11-46.1
Amending statute that controls the temporary detention of a child accused of a crime to provide that a child under the age of 16 must be released to their parent or guardian upon the parent’s or guardian’s promise to bring the child back to court rather than be detained by the State.

HB 53 |(5/18/07 - House Date Signed by Governor)
Amending OCGA § 15-6-3
Changes the dates of the impaneling of grand juries for the Piedmont Circuit to the first Mondays in February and August.

HB 74 | Creating OCGA § 35-69-11
Allows any peace officer to have powers of arrest when assisting a law enforcement agency other than his own. Her normal powers, duties, rights, privileges and immunities are not diminished by her assistance of another law enforcement agency.

HB 75 | Amending OCGA § 40-6-395
Specifies aggravating circumstances for punishment when found to be fleeing or eluding an officer. The person fleeing will be guilty of a felony punishable by a fine of $5,000 or imprisonment of not less than one year nor more than five if she commits two or more of the following: flees to escape arrest for an additional offense; drives 20 miles an hour over the speed limit; hits another vehicle or a pedestrian; flees in traffic conditions which place the general public at risk; flees to escape arrest for a serious traffic offense listed in Chapter 15; drives with a child under the age of 18 in the vehicle; drives without a valid driver’s license or while it is revoked or suspended; drives under the influence; or leaves the state.

HB 115 | Amending OCGA § 15-2-8
Inserting specifications for admission to the Georgia bar and allowing those who are eligible to sit for the bar in the state in which they attended law school to be eligible for bar admission in Georgia.

HB 116 | Amending OCGA § 15-1-9.2
Allowing superior court judges who have not qualified for senior judge status for the purposes of membership in the retirement system through normal means to be appointed such status by the Governor.

HB 126 | Amending OCGA § 17-9-21
Authorizing agreement by at least eleven (11) of the twelve (12) jurors for verdicts in non-death penalty felony cases.  Currently, the requirement is for agreement of all twelve (12) jurors for verdicts.

HB 149 | Amending OCGA § 40-1-8
Prohibits law enforcement officers to use a person’s race or ethnicity to form a basis for probable cause or reasonable suspicion, and requires law enforcement agencies to train accordingly and to track the gender and race or ethnicity of the driver; the violation alleged; the extent to which the driver was searched and the basis thereof; the contraband or physical resistance, if any, resulting; the result of the stop; and the location of the stop. Also requires the officer to provide the driver with his card where no citation results from the stop.

HB 179 | Amending OCGA §  15-16-1
Creates the judicial circuit of Walton by dividing the Alcovy Judicial circuit into the Alcovy Circuit, composed of Newton County, and the Walton Circuit, composed of Walton County.

HB 185 | Amending OCGA § 17-10-31
Allows the death penalty to be imposed by juries not in unanimous agreement as to the sentence but finding at least one aggravating circumstance. Allows the sentencing judge to impose the death penalty where at least nine of the jurors cast their vote for the death penalty.

HB 197 | Repealing OCGA § 17-10-6 and creating 17-10-6.3
Eliminates provision for three judge panel assigned to review cases in which a sentence of more than 12 years was imposed upon the defendant by a judge without a jury. Provides that the right to have the panel review the sentence shall terminate on July 1, 2007.

HB 226 | Amending OCGA § 16-12-80
Replacing “dissemination” in defense section of obscenity statute to specify that “selling, lending, renting, leasing, giving, advertising, publishing, exhibiting, or otherwise disseminating” material to institutions of higher learning or a person for whom the material had been medically prescribed is an affirmative defense.

HB 251 | Creating OCGA § 15-18-90 et seq.
Sets standards of conduct and according provisions for disciplinary action for prosecuting attorneys.

HB 255 | Amending OCGA § 47-1-20
Expanding the definition of a “public employment related crime” to include any felony offense relating to the employee’s public employment but limits the provision to those who become members, or rejoin, the public retirement system after July 1, 2007.

HB 270 | (5/24/07 - House Date Signed by Governor)
Amending OCGA § 15-11-9
Defining “court appointed special advocate” and setting guidelines for the role of a CASA in juvenile court proceedings.

HB 280 | Creating OCGA § 16-13-30.6
Outlawing the sale of marijuana-flavored products to minors and setting punishment for violation at a fine of $1,000 per offense.

HB 281 | Amending OCGA § 16-13-32.4
Includes the area within 1,000 feet of a child care learning center as a drug-free zone for the purposes of conviction under the statute.

HB 283 | Amending OCGA § 50-18-70
Allows agencies providing records pursuant to an Open Records Act request to require that the request be in writing, with exceptions for requests for agendas, minutes of agency meetings, or as determined by the agency.

HB 286 | Amending OCGA § 16-13-26, -71
Adds 28 new substances to the dangerous drugs list, removes dimethylamphetamine from Substance II classification, and provides exceptions for distribution of certain dangerous drugs.

HB 295 | Amending OCGA § 15-6-2
Creating an additional judgeship for the Cordele Circuit and providing for terms of her appointment, election, term, authority, and duties.

HB 301 | Amending OCGA § 16-12-37
Clarifying statute prohibiting dogfighting to provide definitions, exceptions, and to provide that second and subsequent convictions shall be punished by imprisonment of 1 to 10 year and/or a fine not less than $15,000.

HB 308 | Creating OCGA § 17-19-1 et seq.
Creating the “Eyewitness Identification Accuracy Enhancement Act” which sets guidelines for photo and live lineup identification procedures to be implemented by the Georgia Peace Officer Standards and Training Council.  

HB 314 | (5/24/07 - House Date Signed by Governor)
Amending OCGA § 24-4-60
Expands the requirement that a DNA sample be taken from those convicted of sexual offenses, as defined by the statute, and incarcerated to include those placed on probation, those convicted of burglary, robbery, armed robbery, impersonating an officer, obstructing an officer, conducting dangerous activities, or possessing controlled substances. Also requires that the DNA be collected by the Department of Corrections, and that the sample be analyzed and maintained by the Division of Forensic Science of the GBI.

HB 319 | Amending OCGA § 45-7-4
Increases the annual salary of each District Attorney from $107,905 to $127,900.

HB 333 | Amending OCGA § 17-5-52
Clarifies what should be done with a weapon used in the commission of a crime confiscated from a guilty defendant to allow chiefs of police and other executive law enforcement officers to maintain control of the weapon or device, and, if sold, to direct the proceeds of the sale of that weapon to either the county, municipality, or state treasury, depending on who confiscated the weapon. A requirement to maintain records of this activity is also added.

HB 334 | Amending OCGA § 15-11-21
Allows the judge to direct cases of delinquent, unruly, or deprived children to either herself or an associate juvenile court judge.

HB 336 | Amending OCGA § 40-6-391
Increasing the mandatory sentences for those found guilty of DUI.

HB 344 | Creating OCGA § 47-2-74 and 47-23-51; amending 47-23-43
This bill would authorize a circuit public defender to elect membership either in the Employees’ Retirement System or the Judicial Retirement System.

HB 395 | Amending OCGA § 42-8-60
Clarifying language in first offender bill and requiring the probation department and the Department of Corrections to notify the court of the clerk of the completion of the defendant’s probation, her release from confinement, or her violation of probation. If the probation department does not notify the clerk of the violation, she will be exonerated of the violation. The bill also requires the clerk, upon notification of the end of the sentence, to record specific entries in the criminal docket to note her discharge of guilt and to notify the FBI and, if applicable, the Department of Corrections. The bill further restricts dissemination of records of first offender sentencing by the Georgia Crime Information Center.

HB 417 | Amending OCGA § 40-5-57
Adds a fine of $2.50 for convictions of certain reckless or negligent driving offenses, as set out in OCGA § 40-5-57(c)(1)(A), to be used to fund a trauma care system in Georgia.

HB 476 | Amending OCGA § 15-6-2
Increasing the number of superior court judges in the Gwinnett Circuit from nine (9) to ten (10). Also provides the appropriate standards for appointment, election, powers, and compensation.

HB 507 | Amending OCGA § 15-6-2
Increasing the number of superior court judges in Dublin from two (2) to three (3). Also provides the appropriate standards for appointment, election, powers, and compensation.

HB 525 | Creating OCGA § 17-19-1
Requiring recording of custodial interrogations of any accused under the age of 17. The recording shall include Miranda warnings and must be made available to the court for any statement of the accused to be admissible in court. Also deems any statement inadmissible if the parent, legal guardian, or attorney of the accused is not present at the interrogation.

HB 527 | (5/24/07 – House Date Signed by Governor)
Amending OCGA § 42-8-100
Amends statute addressing the obligations of probation services, allowing private probation services to monitor certain felony offenders and setting the minimum monthly fee for such services at $50. Also provides that such providers shall not be charged a registration fee to work with a county or municipality.

HB 578 | Amending OCGA § 9-14-47.1
Sets a timeline for petitions challenging for the first time state proceedings that resulted in the death penalty.

HB 586 | (5/16/07 – House Date Signed by Governor)
Amending O.C.G.A. Section 17-12-127 (b)
This bill would limit the state’s responsibility to paying for a maximum of two attorneys.  The county governing authorities may provide supplemental compensation, and the judge may appoint additional attorneys at the county’s expense. 

HB 613 | Amending OCGA § 15-11-78
Eliminates provision excluding the general public from certain juvenile hearings, allowing the general public to be admitted to such hearing except for adoptions and exceptional circumstances. Exceptional circumstances include allegations of a sexual offense committed by the child. The act also opens up the files and records of such proceedings to the Department of Family and Children Services, the child, guardian ad litem, or parent or legal guardian involved in the proceeding, provided that the latter has not allegedly committed an offense against the child. In the case of sexual offense by a child, the court may seal any record identifying the victim.

HB 653 | Amending OCGA § 16-7-85
Expanding the scope of provision outlawing the use of hoax bombs or weapons to include situations where the item was placed and where the item caused, without a showing of intent, another to believe the device was real. Also increases the punishment for such crimes from less than one year to not less than one year nor more than five years and allows restitution to include the costs incurred by public safety entities.

HB 662 | Amending OCGA § 15-11-2; -48
Defines “unruly child” for the purposes of juvenile proceedings, and sets limits on detention of children alleged to be unruly. Designates separate court procedure for dispositional hearings of unruly children. 

HB 782
Allows investigators appointed to the district attorney of the Appalachian Judicial Circuit to be authorized to make arrests. Authorization must be sought by the D.A. and filed with each superior court of the circuit. An investigator so authorized will still be subject to P.O.S.T. requirements.

House Resolutions:

HR 123 and 128 | Amending the Georgia Constitution
To authorize felons to register to vote and vote while serving on probation or parole.

HR 352 |
Creates the House Study Committee on Eyewitness Identification Procedures.

Senate Bills:

SB 1 | Creating OCGA § 16-12-100.4
Criminalizing the photographing of any person under the age of 18 by anyone who is required to register as a sexual offender with the act punishable as a misdemeanor of high and aggravated nature.

SB 15 | Amending OCGA § 40-5-20, § 4-5-121
Specifying punishment for violation of statute prohibiting driving without a valid GA license as the same as driving while license is suspended or revoked. Additionally, specifies that the third conviction of such a violation within five years will be a felony punished by imprisonment of more than one but less than five years and possibly an additional fine of not less than $2,500 or more than $5,000. Finally, the bill amends the statute allowing inquiry into the nationality and lawful presence in the U.S. of someone who has committed a felony or is driving under the influence to add driving without being licensed.

SB 20 | Creating OCGA § 16-6-26
Criminalizing the act of having carnal knowledge of a disabled person who is incapable of giving consent with act punishable by imprisonment for not less than 10 nor more than 20 years.

SB 21 | Amending OCGA § 16-5-1
Changes the murder statute to specify that the murder of any peace officer, corrections employee, or firefighter while acting in their line of duty must result in either life without parole or the death penalty.

SB 23 | (05/11/07 - Senate Date Signed by Governor
Creating OCGA § 17-10-1.3
Amending the provisions relating to the sentencing of those convicted of misdemeanors, felonies, or ordinances to allow the sentencing judge or the Parole Board to consider the legality of the person’s presence in the U.S. in determining probation or suspension of sentences, or eligibility for parole, respectively.

SB 34 | (5/16/07 – Senate Date Signed by Governor)
Creating OCGA § 42-5-65
Creates a misdemeanor offense for someone who has been convicted of a sexual offense or an offense against the person (murder, assault, battery, etc.) to possess a photograph or picture of the victim in their cell or like area unless the picture is for a court proceeding and the inmate received authorization from the trial court.

SB 37 | Amending OCGA § 17-10-1
Allowing superior court judges to modify the prior sentences of those convicted of certain crimes (sodomy, child molestation, aggravated child molestation, and enticing a child for indecent purposes, when the aggressor is under the age of 18 and the victim is between the ages of 14 and 16) which are now misdemeanors.

SB 48 | (Committee Substitute) Amending OCGA § 42-5-50
Eliminating provision allowing an attorney to request that his client remain in the custody of the local jail and not be transferred until his appeals are disposed of. Also requires that certain documents that accompany each sentencing be on forms provided by the commissioner.

SB 62 | (05/11/07 - Senate Date Signed by Governor)
Amending OCGA § 35-3-35
Requires the Georgia Crime Information Center to publish annual statistics relating to crimes committed and to disseminate criminal records maintained by it to certain governing authorities of any county or municipality. Also allows GCIC to disseminate fingerprints in the manner that it determines, including electronically. 

SB 66 | Creating OCGA § 16-12-141.2
Requiring all facilities that perform abortions to conduct an ultrasound or a sonogram of the fetus before the abortion or to send the mother to a facility where such a procedure may be done. As part of informed consent, the mother must be offered an opportunity to view the ultrasound or sonogram before the abortion is performed. Failure to do so would result in a misdemeanor.

SB 67 | Amending OCGA § 15-6-24
Amending statute requiring contingent expenses incurred in superior court to be paid by the county to preclude costs incurred pursuant to the Indigent Defense Act of 2003 (as amended) from qualifying as an contingent expense.

SB 79 | (5/24/07 – Senate Date Signed by Governor)
Amending OCGA § 16-4-6
Increases the maximum penalty for conviction of criminal attempt to commit a crime punishable by death or life imprisonment from 10 years to 30 years.  

SB 91 | Amending OCGA § 40-6-395
Makes all violations of this Code Section to be a felony punishable by a fine of up to $5,000 or imprisonment from 1 to 5 years.

SB 97 | Creating OCGA § 17-8-58
Requires parties to object to jury charges or portions of the jury charges made or not made to the jury outside the presence of the jury and before the jury retires to deliberate. A failure to do so would preclude appellate review of the jury charge, unless it constitutes plain error.

SB 98 | (5/23/07 – Senate Date Signed by Governor)
Amending OCGA § 16-9-109
Expands the types of devices targeted by investigations into child pornography to include cellular phones and other electronic devices alongside computers. The statute allows, with a valid search warrant, disclosure of the records of the service provided to these devices. The bill also authorizes the Georgia Bureau of Investigation to issue subpoenas to compel the production of documents related to the investigation of these devices.

SB 100 | Amending OCGA § 16-9-4
Amends the punishment schedule for those convicted of possessing or distributing a fake ID to allow persons convicted under the age of 21 to be guilty of only a misdemeanor. Also assigns violations of certain sections barring false identification as misdemeanors until the second offense, which makes the violation a felony. Violations of the remaining sections are punishable by a fine and/or imprisonment of 1 to 5 years.

SB 117 | Amending OCGA § 17-6-1
Requires a judge setting bail or allowing pretrial release for sexual offenders to include as a condition of release that the defendant have no contact with the victim or their family, unless the judge finds that contact would be in the best interest of the victim.

SB 119 | Creating OCGA § 17-17-17
Amending the chapter of the “Crime Victims’ Bill of Rights” to ensure that the victim and members of the victim’s family not be excluded from any part of a hearing or trial pertaining to the offense, unless the judge finds that their presence would impair the conduct of a fair trial.

SB 135 | Amending OCGA § 16-8-60
Amends punishment assigned for those who copy and distribute media material without the permission of the owner of the master material to set a minimum fines of $500, $1000, or $2000 and to allow suspension or probation of all but 24 hours, 48 hours, or 6 days of confinement for the first, second, or third or subsequent offenses, respectively. The amendment also allows for restitution to the owner of the material sold or distributed, and requires that the convicted defendant forfeit all property associated with the offense.

SB 139 | (05/11/07 - Senate Date Signed by Governor)
Amending OCGA § 17-12-1 et seq.
This bill would place the Standards Council in the executive branch.  It will also state specifically that General Assembly is not obligated to appropriate the total amounts collected in the Indigent Defense Fund for indigent defense.

SB 140 | Amending OCGA § 17-12-3 et seq.
This bill would change and expand the composition of the circuit public defender selection panel.  It will also limit the term of the circuit public defender to two years.  Finally, this bill would authorize the selection panel to rescind its appointment.

SB 141 | Amending OCGA § 17-12-3 et seq.
This bill would change and expand the composition of the Standards Council. 

SB 142 | Amending OCGA § 17-12-31
This bill would clarify that the local governing authority may provide additional personnel for the circuit public defender offices only as authorized by local law.

SB 143 | Amending OCGA § 15-21-74
This bill would authorize any circuit to opt out of the state wide public defender system without approval from the council.  It will also allow the opt-out circuit to retain 80% of the funds collected by the Indigent Defense Fund from the respective circuit.  Finally, the bill authorizes any circuit to opt out from having the Office of the Georgia Capital Defender provide representation to the indigent death penalty cases in its circuit.

SB 145 | Amending OCGA § 24-4-60
Allows life without parole to be imposed outside of the separate death penalty hearing, and allows juries in death penalty hearings unable to reach a unanimous verdict to report the jury’s finding of any aggravating circumstances and number of votes for the death penalty. Also ensures that those convicted of life without parole not be eligible for any sort of early release or parole.

SB 177 | (5/14/07 – Senate Date Signed by Governor)
Amending OCGA § 15-6-3
Revises the terms of the superior court in Pike County, from the third Monday in April and November, to the third Monday in April and October.

SB 190 | Amending OCGA § 17-7-130
Provides the court the option to require outpatient evaluation of defendants found to be incompetent by a special jury and charged with a misdemeanor or nonviolent felony offense.  If there is a substantial probability that the defendant will remain incompetent, the court may retain physical custody over the defendant and drop the charges and refer the defendant for commitment, or commit the defendant for up to a year upon a showing of clear and convincing evidence of need. If there is a substantial probability that the defendant will obtain competence, the court may retain physical custody over the defendant and require and monitor outpatient treatment.

SB 211 | Amending by Replacement OCGA § 17-10-17
Where the trier of fact finds that the defendant chose the victim because of her race, religion, gender, national origin, or sexual orientation, allows the judge to increase sentences by 50% if the crime is a misdemeanor or high and aggravated misdemeanor up to the legal maximum, and by up to five years if the crime is a felony up to the legal maximum. Also requires that those convicted under the statute serve at least 90% of their sentence.

SB 216 | Amending OCGA § 15-12-60
Prohibits persons under indictment for a felony from serving as a grand jury.

SB 219 | Creating OCGA § 40-6-391.2
Sets guidelines for the seizure and forfeiture of vehicles used in the commission of certain sexual offenses.

SB 238 | Amending OCGA § 16-10-94
Eliminates the “involvement of another person” requirement for the offense of tampering with evidence involved in the prosecution or defense of a felony.

SB 249 | Amending OCGA § 42-1-12
Amending provisions related to the Sexual Offender Registration Review Board, expanding required registration to include notice to the county sheriff of any place of employment or higher education in that county as well as home address. Requires sexual offenders to maintain their palm print in their file. Also amends restrictions on residence of sexual offenders to allow those who are deemed totally and permanently disabled, residents of a hospice facility or nursing home, seriously physically handicapped, or 75 years old or older and at least 10 years have elapsed from the end of their imprisonment. Also prohibits sexual offenders from volunteering at any child care facility, school, or church.

SB 255 | Amending OCGA § 17-10-38
Presenting policy reasons and imposing a moratorium on carrying out the death penalty from the effective date of the bill to December 31, 2008.

SB 258 | Creating OCGA § 16-13-30.6
Outlawing the sale of marijuana or hemp flavored candy. Sets punishment for violations as a misdemeanor for the first offense and as a felony for the second or subsequent offense, punishable by imprisonment of not less than one or more than five years and/or by a fine of not less than $1000 or more than $5000.

SB 266 | Amending OCGA § 15-21A-8
Creates late fees (equal to 5% of the funds owed plus interest) and penalties (prevents the issuance of government assistance) for courts who fail to remit certain funds.

SB 277 | Creating OCGA § 15-11-220
Prohibits universal mental health testing or screening of children unless expressly consented to by a child’s parent or legal guardian, ordered by a court, or in a case of emergency. Also limits the administration of psychotropic medicine in schools.

SB 318 | Amending O.C.G.A. § 15-1-9.1
Defines "retired judge" and expands scope of jurisdiction from county to circuit in statute authorizing judicial assistance from other courts.

Senate Resolutions:

SR 246 | (05/11/07 - Senate Date Signed by Governor)
This resolution would create a joint study committee on indigent defense.  The study committee will study why the Standards Council is experiencing budgetary shortfalls and what reforms are necessary.