|
|
|
Barton Child Law and Policy Center Newsletter |
|
|
Last week the General Assembly met for two legislative days. Highlights of the week include:
- Cross-over day was Wednesday, March 16. Cross-over day is the day by which all bills have to get out of their chamber of origin in order to be considered by the other chamber this year. This means that House bills that did not pass the House last week and Senate bills that did not pass the Senate last week will not be considered further in 2011. Because this is the first year of a two-year biennial session, if a bill failed to cross over this year, it can still be considered in 2012.
See below for a list of which bills passed and which did not.
This week the General Assembly will be in session on Monday and Wednesday. Some meetings and events of interest to child advocates this week include:
- The Senate Appropriations Public Safety Subcommittee will consider the FY 2012 budget, including the budget for the Department of Juvenile Justice, on Monday, March 21 at 3:30pm in room 125 of the Capitol.
- The Senate Health and Human Services Committee will consider HB 200, relating to human trafficking, including the sex trafficking of children (see description below), in a hearing beginning at 9am on Tuesday, March 22 in room 450 of the Capitol.
- The Georgia Child Advocacy Network will meet on Tuesday, March 22 at 10:30am in room 310 of the Coverdell Legislative Office Building.
Please note that information on meetings and legislative hearings is current as of Monday, March 21, 2011. Hearing times change frequently during the session, so you may want to check the Georgia General Assembly or other organizations' web sites for the any changes.
BACK TO TOP |
|
Bills of Interest to Child Advocates
Bills That Crossed Over
HB 200 was introduced by Representative Edward Lindsey (R-Atlanta) on February 10, 2011. This bill amends Georgia's anti-human trafficking law, which encompasses the commercial sexual exploitation of children, to: (1) clarify its offenses, (2) substantially increase penalties, (3) allow for forfeiture of property related to the crime, (4) limits use of the victim's sexual history, relation to the defendant, and ability to consent as a defense to sex trafficking, (5) provide that a person will not be guilty of a prostitution-related crime if the act was committed under coercion or deception while the person was a human trafficking victim, (6) clarify that victims of human trafficking are eligible for victim's compensation, (7) establish training for law enforcement on human trafficking issues, including appropriate treatment of victims, and (8) empower the Georgia Bureau of Investigation to investigate human trafficking cases and obtain subpoenas compelling compliance with those investigations. The bill received a favorable recommendation from the House Judiciary Non-Civil Committee on February 24, and passed the full House on March 2, 2011. HB 200 will be considered by the Senate Health and Human Services Committee on Tuesday, March 22 at 9am in room 450 of the Capitol.
HB 272 was introduced by Representative Tom Weldon (R-Ringgold) on February 17, 2011. This bill would amend O.C.G.A. 15-11-21 to eliminate the option for cases heard before an associate judge in juvenile court to be reheard before a full juvenile court judge. HB 272 passed the full House on Monday, March 14, 2011 and now awaits consideration by the Senate Judiciary Committee.
HB 314, known as "Jessie's Law," was introduced by Representative Tom Dickson (R-Cohutta) on February 23, 2011. This bill would amend O.C.G.A. 20-2-692.2 to allow children in foster care to leave school to attend court hearings in their deprivation cases without being counted absent for part or all of the school day. HB 314 received a favorable recommendation from the House Education Committee on March 4, 2011, and passed the full House on March 11, 2011. It now awaits consideration by the Senate Education and Youth Committee.
HB 373 was introduced by Representative BJ Pak (R-Lilburn) on February 28, 2011. This bill would amend O.C.G.A. 15-11-63 to allow the Department of Juvenile Justice or a child to bring a motion to modify custody when the child has been committed to the Department following an adjudication for a designated felony. The bill allows the court to recognize a child's good behavior, and academic and rehabilitative progress by granting release from restrictive custody. The motion could only be filed after the child had served a year in custody, and could not be refiled more than once a year. HB 373 passed the House on Monday, March 14, 2011, and now awaits consideration by the Senate Judiciary Committee.
SB 31 was introduced by Senator Jason Carter (D-Decatur) on January 31, 2011. This bill would expand the attorney-client privilege under O.C.G.A. 24-9-21 to cover parents' participation in private conversations with defense attorneys representing their children in delinquent or criminal cases. The bill states that only the child, not the parent, can waive the privilege. SB 31 was passed by the Senate on February 23, 2011, and now awaits consideration by the House Civil Judiciary Committee.
SB 57 was introduced by Senator Steve Gooch (R-Dahlonega) on February 9, 2011. This bill would add a new code section to Chapter 5 of Title 40 to prohibit people who have been convicted of crimes against children that would qualify them for registry as sex offenders from obtaining commercial driver's licenses for vehicles that transport 16 or more people. SB 57 passed the full Senate on Wednesday, March 16, 2011, and now awaits assignment to a House Committee.
SB 80 was introduced by Senator Joshua McKoon (R-Columbus) on February 15, 2011. This bill would require any person, including a juvenile, who is arrested for a felony offense, to give a DNA sample, which would be analyzed and kept in a database by the Georgia Bureau of Investigation. SB 80 passed the Senate on Wednesday, March 16, 2011, and now awaits assignment to a House Committee.
SB 112, the Military Parents' Rights Act, was introduced by Senator Joshua McKoon (R-Columbus) on February 22, 2011. This bill would add a new part to O.C.G.A. Title 19, Chapter 9, Article 2, to provide additional protections to military parents regarding court actions affecting their custody and other rights to their children immediately before, during, or after deployment. SB 112 passed the Senate on Monday, March 14, 2011, and now awaits consideration by the House Civil Judiciary Committee.
SB 115 was introduced by Senator Hardie Davis (D-Augusta) on February 22, 2011. This bill would amend O.C.G.A. 19-6-15 to exclude foster care maintenance payments from calculations of a person's income for purposes of determining child support. SB 115 received a favorable recommendation from the Senate Special Judiciary Committee on March 2, and passed the full Senate on March 4, 2011. It now awaits consideration by the House Civil Judiciary Committee.
Bills That Did Not Cross Over
HB 23, the Foster Children's Psychotropic Medication Monitoring Act, was introduced by Representative Mary Margaret Oliver (D-Decatur) on January 24, 2011. This bill requires the Department of Human Services to create procedures to ensure that the psychotropic medication administered to children in foster care is appropriate, delivered with informed consent of the parent and the child if the child is 14 or over, and is monitored for side effects and continued efficacy. The bill would also require the Department of Human Services to keep records of the medications and other therapies received or recommended for a child. HB 23 will begin 2012 committed to the House Health and Human Services Committee.
HB 65 was introduced by Representative Tom McCall (R-Elberton) on January 26, 2011. This bill would amend O.C.G.A. 19-8-23 to expand the categories of people who can access adoption records and the information they can access. Specifically, it would add the child, legal guardian, or health care agent of an adopted party to the parties of interest in an adoption who can access medical information on the adopted person or biological parents, and clarify that health history is part of the information they are entitled to access. HB 65 received a favorable recommendation from the House Civil Judiciary Committee on March 11, 2011, but did not pass the full House by cross-over day.
HB 185, the Runaway Youth Safety Act, was introduced by Representative Tom Weldon (R-Ringgold) on February 9, 2011. This bill would amend O.C.G.A. 16-5-45 relating to interference with custody and O.C.G.A. 16-12-1 relating to contributing to the unruliness of a minor to provide a limited exception to misdemeanor liability for licensed or registered shelters providing services to runaway youth as long as they either contact a parent or DFCS within the first 72 hours of contact with the child. HB 185 received a favorable recommendation from the House Judiciary Non-Civil Committee on March 10, 2011, but did not pass the full House by cross-over day.
HB 230 was introduced by Representative Ed Setzler (R-Acworth) on February 10, 2011. This bill would add a new code section to Chapter 2 of Title 20 to require local boards of education to develop a curriculum to teach children in grades six through eight and eight through ten about the potential liability for committing certain offenses, with an emphasis on felonies for which they can be charged as adults and sexual offenses. HB 230 will begin 2012 committed to the House Education Committee.
HB 267 was introduced by Representative Sheila Jones (D-Smyrna) on February 17, 2011. This bill would add a new code section to O.C.G.A. Title 20, Chapter 2 to require the Department of Education to develop a comprehensive strategy to inform children in grades 4-12 about the dangers of "sexting," or sending explicit images via text message. HB 267 will begin 2012 committed to the House Education Committee on March 11, 2011.
HB 282, the Military Parents' Rights Act, was introduced by Representative John Yates (R-Griffin) on February 22, 2011. This bill would add a new part to O.C.G.A. Title 19, Chapter 9, Article 2, to provide additional protections to military parents regarding court actions affecting their custody and other rights to their children immediately before, during, or after deployment. HB 282 has been referred to the House Civil Judiciary Committee. Although this bill did not pass by cross-over day, a companion, SB 112, passed the full Senate on Monday, March 14, 2011 (see above).
HB 471 was introduced by Representative Wendell Willard (R-Sandy Springs) on March 7, 2011. This bill would amend O.C.G.A. 15-11-46.1 to require that an objective, written assessment instrument be used to determine whether detention of a child in a Regional Youth Detention Center or alternate out-of-home setting is appropriate for a child who has been arrested. The bill also clarifies that keeping a child in secure detention prior to adjudication and disposition should be done rarely, and only if less restrictive options have been determined to be inappropriate. HB 471 will begin 2012 committed to the House Non-Civil Judiciary Committee.
HB 529 was introduced by Representative Donna Sheldon (R-Dacula) on March 11, 2011. This bill would amend O.C.G.A. 19-7-5 to expand the professionals required to report child abuse or neglect to include reproductive health clinics. HB 529 will begin 2012 committed to the
House Non-Civil Judiciary Committee.
HR 9 was introduced by Representative Roger Bruce (D-Atlanta) on February 1, 2011. This resolution would create a joint study committee to look into the causes and effects of teen violence. The joint study committee would be comprised of six appointed members and would issue a report including possible legislative recommendations by January 9, 2012. HR 9
will begin 2012 committed to the House Children and Youth Committee.
SB 14 was introduced by Senator Lester Jackson (D-Savannah) on January 26, 2011. This bill would amend O.C.G.A. 20-2-690.1 to raise the age through which children are required to be in school from 16 to 17 years of age. SB 14 will begin 2012 committed to the Senate Education and Youth Committee.
SB 43 was introduced by Senator Donzella James (D-College Park) on February 7, 2011. This bill would amend O.C.G.A. 20-2-690.1 to expand the range of ages during which children are required to be in school from 6 to 16 years of age to 5 to 17 years of age, and to create exceptions where the child is not eligible for enrollment, has completed a GED or high school certificate program, or is enrolled in another appropriate educational program. SB 43 will begin 2012 committed to the Senate Education and Youth Committee.
SB 46 was introduced by Senator Gloria Butler (D-Stone Mountain) on February 7, 2011. This bill would amend O.C.G.A. 20-2-143 to require that the sex education curriculum from students in grades 7 through 12 include information on dating violence, including warning signs, prevention, and resources for victims. SB 46 will begin 2012 committed to the Senate Education and Youth Committee.
SB 49 was introduced by Senator John Albers (R-Roswell) on February 7, 2011. This bill would amend O.C.G.A. 20-2-690.1 to raise the age through which children are required to be in school from 16 to 16.5 years of age. It would also amend O.C.G.A. 20-4-15 and 20-4-18 to reflect this change in age with respect to adult literacy and post secondary education programs. SB 49 received a favorable recommendation from Senate Education and Youth Committee but did not pass the full Senate by cross-over day.
HB 215 was introduced by Representative Paul Battles (R-Cartersville) on February 10, 2011. This bills would add a new code section to Chapter 5 of Title 40 to prohibit people who have been convicted of crimes against children that would qualify them for registry as sex offenders from obtaining commercial driver's licenses for vehicles that transport 16 or more people. HB 215 has been referred to the House Motor Vehicles Committee. Although this bill did not pass by cross-over day, a companion, SB 57, passed the full Senate on Wednesday, March 16, 2011 (see above).
SB 105 was introduced by Senator Emanuel Jones (D-Decatur) on February 17, 2011. This bill would require the Commissioner of the Department of Juvenile Justice to create 3-member juvenile parole panels to review and, where appropriate, grant parole petitions relating to children committed to the Department as the result of an adjudication of delinquency for a designated felony. The petition for parole may be brought by either the child or the Department, requires a recommendation by a Department counselor or placement supervisor, and may not be brought until after the child has been in the Department's custody for at least a year. SB 105 will begin 2012 committed to the Senate Judiciary Committee.
SB 127, the Child Protection and Public Safety Act, was introduced by Senator Bill Hamrick (R-Carrollton) on February 23, 2011. This bill is a comprehensive revision of O.C.G.A. Title 15, Chapter 11, Georgia's juvenile code. It reorganizes the code for ease of understanding and application, modernizes substantive provisions to reflect advances in research and practice, and brings Georgia into full compliance with federal laws applicable to juvenile court proceedings. SB 127 will begin 2012 committed to the Senate Judiciary Committee.
SB 164 was introduced by Senator Joshua McKoon (R-Columbus) on February 28, 2011. This bill would amend O.C.G.A. 19-7-5 to expand the professionals required to report child abuse or neglect to include commercial film developers and picture processors, reproductive health clinics, emergency medical technicians and paramedics, and physical therapists. SB 164
will begin 2012 committed to the Senate Judiciary Committee.
SB 208, the Dropout Deterrent Act, was introduced by Senator Vincent Fort (D-Atlanta) on March 4, 2011. This bill would amend O.C.G.A. 20-2-690.1 to raise the age through which children are required to be in school from 16 to 17 years of age, and to allow the parent of a 16 year old to sign a waiver allowing the child to go to technical school or community college rather than a traditional public school. SB 208 will begin 2012 committed to the Senate Education and Youth Committee.
SB 224 was introduced by Senator Emanuel Jones (D-Decatur) on March 7, 2011. This bill would amend O.C.G.A. 15-11-28 to limit the cases where children aged thirteen or older would be automatically tried for aggravated child molestation in superior court rather than juvenile court to those where the victim is physically injured. SB 224 will begin 2012 committed to the Senate Judiciary Committee.
SB 247 was introduced by Senator Jesse Stone (R-Waynesboro) on March 10, 2011. This bill would amend O.C.G.A. 19-8-3 to allow a judge presiding over an adoption of a child by a single person who is living with adult who would be a regular presence in the child's life to consider the nature of that relationship and whether it would be harmful or beneficial to the child in granting or denying the adoption. SB 247 will begin 2012 committed to the Senate Special Judiciary Committee.
|
|
Next Georgia Child Welfare Legal Academy April 21, 2011
Collateral Consequences of our Current Criminal Justice System
Registration is now open for the next session of the GA Child Welfare Legal Academy on Thursday April 21st from 2:00 until 4:15 p.m. Guest lecturer, Doug Ammar, the Executive Director of the Georgia Justice Project, will facilitate a discussion about justice using the story Les Misérables. This movie, which focuses on the struggles of ex-convict Jean Valjean and his experience of redemption, will give Doug a chance to explore how grace, justice and the different types of love are relevant to today's system of justice. Doug will also look at our current criminal justice system and how it impacts the juvenile justice system and the child welfare system in Georgia.
Click here to register or for more details.
Seating is limited: Online registration is strongly encouraged. The registration fee for all participants is $10.
Parking: Your parking will be validated for 3 hours. Parking is limited to the Hospital Visitor deck, Lowergate (not Lowergate South). Please reference http://www.law.emory.edu/about-emory-law/maps-directions.html for parking information and driving directions.
CLE credit: 2.0 regular CLE credits will be offered for this program for an additional fee of $10.00 payable by cash or check at the door. Please make checks payable to Emory University.
|
|
Follow us on Twitter
The Barton Center is twittering information relevant to child advocacy at the Capitol. Follow us at @bartoncenter at twitter.com to get up-to-the-minute information on topics such as:
- Times, dates, and locations of advocacy meetings and legislative hearings;
- Status of juvenile court-related legislation;
- Action alerts for important pro-child initiatives; and
- News and research on best practices for children's law.
Begin following us by clicking on the Twitter icon to the right! 
|
|
|
|
Quick Links...
Donate. Your contribution directly supports the work of the Barton Child Law and Policy Center to improve the lives of abused, neglected and court-involved children. In the "select fund" drop down box, please choose "Robin Nash Fellowship" to help us launch the careers of talented new child advocates or choose "other" and write "Barton Center operations" to support all other aspects of our work. Thank you for your generous support; our work would not be possible without community contributions. Join the Barton Center email list. The Barton Child Law and Policy Center sends weekly legislative updates when the Georgia General Assembly is in session. During the rest of the year we send periodic emails with information on upcoming educational opportunities, legislative and policy developments, research findings, and changes to law, policy and practice. Sign up here to receive important updates on children's law in Georgia.
|
|
|
|
|
|
