Final Legislative Report on the 2006 Session of the General Assembly

After 40 grueling legislative days, the Standards Council was able to get most of the legislative items through.  Here is a brief summary of these items:

1. Budget: the State appropriated to the Standards Council $27.8 million that was actually collected by the Indigent Defense Fund in 2005.  As expected, we didn’t get the offline request; however, Sarah and Christie have already begun working on next year’s supplemental budget process.
2. Standards: we were able to get ratified 3 of the 6 proposed resolutions.  They are the Removal of a Circuit Public Defender for Cause standard, the Performance standard, and the Juvenile Performance standard.
3. SB 503: this bill does the following:
1. Mandates that the courts impose the $50 application fee as a condition of probation if not paid upfront or waived by the court.  Existing case law prohibits the revocation of probation for failure to pay unless there is a finding of intentional nonpayment.
2. Staggers the terms of the council members.  The council members from the even-numbered judicial districts will serve an initial term of 6 years.
3. Codifies the percentages at 125% and 150%.  Caps eligibility for representation at 150% of the federal poverty guidelines.  When Rep. Ralston presented the bill, he stated that the judges can still appoint from the bench if the person exceeds this level but is unable to hire an attorney.
4. Prohibits the public defenders from having or carrying badges that resemble law enforcement badges.
5. Some technical changes.

SB 503 also contains a provision that would grant trial continuances to a legislator.

Please keep in mind that the Governor may veto all of the bills that passed.  A list of all the bills signed by the Governor will be available after the time period to sign these bills has passed.

Regarding the criminal justice bills, HB 1059 (Sex offender) was adopted by the House and Senate.  To see the final version of the bill, please click here.

HB 1145 (Juvenile mental health evaluations) passed with “Amy’s Law” attached to it.  To see the final version of this bill, please click here.

HB 1421 (speedy trial demand as separate pleading) passed.  To see the final version of this bill, please click here.

HB 1302 (street gang definition) passed.  To see the final version, click here.

SB 135 (juvenile pretrial proceedings) passed.  The final version is not yet available online.

SB 136 (bail for delinquent children) passed.   To see the final version, please click here.

SB 398 (NGRI cases) passed.  To see the final version, please click here.

A portion of SB 502 (DUI provisions) was added to HB 1275 (revocation of commercial driver’s license) which basically allows law enforcement to ask for a search warrant for a blood test for DUI.  Here is an excerpt of the relevant portion:

”Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driveŕs licenses, is amended by inserting a new subsection (d.1) in Code Section 40-5-67.1, relating to chemical tests, to read as follows:

‘(d.1) Nothing in this Code section shall be deemed to preclude the acquisition or admission of evidence of a violation of Code Section 40-6-391 if obtained by voluntary consent or a search warrant as authorized by the Constitution or laws of this state or the United States.’"

SB 583 (requiring state’s consent for bench trials) did not pass.  HB 1340 (indigent defense coordinators) did not pass.  HB 1431 (limiting counties’ indigent defense costs) did not pass.

Please let me know if you have any questions on any particular bill. 

Finally, SB 203 (Recovery of attorneys’ fees) was adopted back in January.  Though the Governor has not signed it, because he has not vetoed it either, it will be in effect on July 1, 2006.  To see the bill, click here.