Bills of Interest to Child Advocates   

Bills that crossed over

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 House on March 14, 2011, and received a favorable recommendation from the Senate Judiciary Committee on Thursday, March 24, 2011 but never received a vote in the full Senate.  It has been recommitted to the Senate Judiciary Committee.          

HB 641, the Child Protection and Public Safety Act, was introduced by Representative Wendell Willard (R-Sandy Springs) on April 12, 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.  HB 641 unanimously passed the House on Wednesday, February 29, 2012. It now awaits consideration by the Senate Judiciary Committee.  

HB 711 was introduced by Representative Edward Lindsey (R-Atlanta) on January 11, 2012.  This bill would amend O.C.G.A. 24-5-503 to expand the circumstances in which a person can be forced to testify against his or her spouse.  Specifically, in cases where one spouse is accused of a crime against a child, the testifying spouse could be compelled to give any evidence relevant to the case. Additionally, if a spouse is accused of a crime against the other spouse, such as domestic violence, the victim spouse could be compelled to give testimony.  Additionally, the bill would create a new privilege, protecting communications between a victim and an advocate at a family violence, sexual assault, or rape crisis program.  HB 711 passed the House on Tuesday, February 7, 2012. It will be considered by the Senate Judiciary Committee on Monday, March 12, 2012 at 1pm in room 450 of the Capitol.         

HB 861 was introduced by Representative Michael Harden (R-Toccoa) on February 1, 2012.  This bill would add a new code section, O.C.G.A. 49-4-3.1, to require drug testing of applicants prior to the receipt of public benefits and random drug testing of existing benefit recipients.  Those who test positive once would be denied benefits but could reapply without a waiting person.  Anyone who failed a second test would be ineligible to reapply for 2 years.  Anyone failing a third test would be ineligible indefinitely.  The cost of the drug tests is to be deducted from the first year's benefits. A child's benefits are not supposed to be affected by a parent's positive test. Instead, an alternate payee is to be appointed.  HB 861 passed the House on Wednesday, March 7, 2012, and has been assigned to the Senate Health and Human Services Committee.      

HB 1176 was introduced by Representative Rich Golick (R-Smyrna) on February 27, 2012.  This bill encompasses a wide range of reforms recommended by the 2011 Special Council on Criminal Justice Reform for Georgians. Though the focus of the legislation is on reform of adult criminal proceedings, there are a number of provisions of interest to child advocates.  HB 1176 would amend O.C.G.A. 19-7-5 to expand the professionals required to report child abuse to include clergy members and would add definitions to clarify that coaches and university personnel are required to report.  It would also amend O.C.G.A. 17-3-2.1 to eliminate the statute of limitations on sexual crimes against children.  HB 1176 has been assigned to the Special Joint Committee on Georgia Criminal Justice Reform, which held hearings on Thursday and Friday, March 1 and 2, 2012 but did not vote.  Because this bill is assigned to a joint committee, it did not have to pass by Crossover Day in order to become law this year.   

HR 1151 was introduced by Representative Buzz Brockway (R-Lawrenceville) on January 24, 2012.  This resolution would create a joint study commission on human trafficking.  The study commission would be tasked with reviewing and making recommendations for a comprehensive system of services for child victims of commercial sexual exploitation. HR 1151passed the House on Tuesday, February 7, 2012.  It will be considered by the Senate Health and Human Services Committee on Tuesday, March 13, 2012 at 1pm in room 450 of the Capitol.   

 SB 292 was introduced by Senator John Albers (R-Roswell) on January 11, 2012. This bill would add a new code section, O.C.G.A.  49-4-193, to require applicants for public assistance to submit to a drug test. Applicants who test positive for drugs would be ineligible for TANF until their next opportunity to reapply and retest.  For a first positive test, reapplication can be made after 1 month, for the second after 3 months, and for the third after 1 year.  A child's benefits are not supposed to be affected by a parent's positive test. Instead, an alternate payee is to be appointed.   SB 292 passed the Senate on Wednesday, March 7, and now awaits assignment to a House committee.  

SB 312 was introduced by Senator William Ligon (R-Brunswick) on January 23, 2012.   This bill would add a new code section, O.C.G.A. 49-4-20, to require recipients of food stamps to participate in personal growth activities, including working toward a GED, and enrolling in technical school, adult literacy classes, or self-development classes.  People under age 16 or over age 59, those with developmental disabilities, those unable to work due to a permanent or temporary disability, those caring for a child under 6 or an incapacitated parent, and primary caregivers for children under 12 would be exempt from the requirements of this bill.   It would not take effect until funding is appropriated. SB 312 passed the Senate on Wednesday, March 7, 2012, and now awaits assignment to a House committee.      

SB 316 was introduced by Senator Charlie Bethel (R-Dalton) on January 24, 2012.  This bill would amend O.C.G.A. 17-3-1, and 17-3-2.1 to extend the statute of limitations for criminal prosecutions stemming from the sexual abuse of a child.  Specifically, a sexual crime committed against child under the age of 16 could be prosecuted until 10 years after the victim's 18th birthday. SB 316 passed the Senate on February 23, 2012, and has been assigned to the House Civil Judiciary Committee.   

SB 355 was introduced by Senator Renee Unterman (R-Buford) on January 30, 2012.  This bill would amend O.C.G.A. 19-7-5 relating to the legal requirement to report child abuse.  Those professionals who are currently required to report would continue to have to report to DFCS within 24 hours. Any other adult who witnessed child neglect, sexual abuse or sexual exploitation or received reliable information from a witness of child neglect, sexual abuse or sexual exploitation would be required to report to law enforcement within 72 hours. The bill provides a limited exception to protect clergy-parishioner confidentiality.  It also includes definitions of the terms "child service organization personnel," "clergy," and "school." SB 355 received a favorable recommendation from the Senate Judiciary Committee on Monday, February 27, 2012, and passed the Senate on Monday, March 5, 2012.   It has been assigned to the House Civil Judiciary Committee. 

SB 366 was introduced by Senator Johnny Grant (R-Milledgeville) on February 1, 2012.  This bill would amend O.C.G.A. 49-4A-11 and add new code section 49-4A-15 to expand the list of items considered to be contraband in juvenile detention centers.  The bill would prohibit bringing telecommunications devices and other contraband past the guard line of a Department of Juvenile Justice facility, and would also prohibit anyone from giving any item to a child in such facility without permission.  SB 366 passed the Senate on February 16, 2012, and has been assigned to the House Non-Civil Judiciary Committee.    

Bills that failed to cross over

Note: Since these bills no longer have the opportunity to pass, this will be the last week that the bills listed below are included in our updates.

HB 856 was introduced by Representative Sandra Scott (D-Rex) on February 1, 2012.  This bill would amend O.C.G.A. 20-2-765, 20-2-766, and 20-2-766.1 to add provisions regarding parental involvement in cases involving a child who has problems at school.  The bill would add new code section 20-2-785, which states that if a parent fails to attend 2 or more conferences requested by the school principal to address a child's failing grade in any class or subject, a court could order the parent to perform 20 hours of volunteer work at the school or the family may be referred to the Division of Family and Children Services for deprivation proceedings. HB 856 was assigned to the House Education Committee.        

HB 948 was introduced by Representative Mary Margaret Oliver (D-Decatur) on February 9, 2012.  This bill would amend O.C.G.A. 19-7-5 relating to mandatory reporting of child abuse to add clergy to the list of professionals required to report suspected child abuse.  This bill includes an exception for confidential communications between the clergy and a perpetrator.  Additionally, the bill would clarify the existing categories of reporters in schools and child service organizations. HB 948 was assigned to the House Non-Civil Judiciary Committee.  

HB 974, Caylee Anthony's Law, was introduced by Representative B.J. Pak (R-Lilburn) on February 15, 2012.  This bill would create a new code section, O.C.G.A. 16-5-70.1, to require a parent or other person with legal responsibility for a child who is under the age of 13 to  maintain contact or verify the child's location and well-being at least once every 18 hours.  Failing to report a child as missing after failing to meet the check-in requirement would be a felony with a penalty of up to 10 years imprisonment.  The bill would also amend O.C.G.A. 16-10-31 to make it a felony to fail to report the death of child under the age of 16 within 12 hours, unless the child was in hospice or attended by a doctor at the time of his or her death. HB 974 was assigned to the House Non-Civil Judiciary Committee.      

HB 1078 was introduced by Representative Jay Neal (R-LaFayette) on February 21, 2012.  This bill would amend O.C.G.A. 15-11-40 and 15-11-79.2 to allow an order adjudicating a child delinquent for a sexual offense to be modified, vacated, or sealed if the child is a victim of human trafficking or sexual exploitation.  HB 1078 was assigned to the House Non-Civil Judiciary Committee.    

HR 1277 was introduced by Representative Yasmin Neal (D-Jonesboro) on February 6, 2012.  This resolution would create a House study commission on "expulsion schools" that educate children who have been permanently expelled from the regular school system.  The study commission would consist of 5 members of the House, and would be specifically tasked with evaluating boarding school alternatives, among others.  HR 1277 was assigned to the House Education 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, received a favorable recommendation from the House Civil Judiciary Committee on Wednesday, March 30, 2011, but never received a vote in the full House.  It was recommitted to the House Civil Judiciary 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 was assigned to the Senate Education and Youth Committee. 

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 was assigned 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 received a favorable recommendation from the Senate Judiciary Committee on Wednesday, February 15, 2012.  Though it failed to cross over, a companion bill, HB 641, unanimously passed the House on Wednesday, February 29, 2012 (see above).       

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  was assigned 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 petition brought by a single person who is living with an 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 was assigned to the Senate Special Judiciary Committee.        

SB 341 was introduced by Senator Lester Jackson (D-Savannah) on January 25, 2012.  This bill would amend O.C.G.A. 15-11-63 to clarify that, for the purpose of determining whether a child qualified under the designated felony statute for the child's fourth felony offense, prior felonies could have been adjudicated in any state, not just Georgia. SB 341 received a favorable recommendation from the Senate Judiciary Committee on Monday, February 27, 2012.     

Follow us on Twitter