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Bills of Interest to Child Advocates
Bills that Passed
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. The bill would also 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, and the Senate on Tuesday, March 21, 2012. It now awaits the Governor's action.
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. 49-4-193, 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 after one month with a new test. Anyone who failed a second test would be ineligible to reapply for 3 months. Anyone failing a third test would be ineligible for 1 year, unless they successfully complete a drug treatment program, in which case they can reapply after 6 months. All who fail a test are to be provided with a list of substance abuse treatment programs in their area, though under the terms of the bill the state is not to pay for treatment. The cost of the drug tests is to be borne by the applicant, and is not to exceed $17 if the applicant is on Medicaid. A child's benefits are not supposed to be affected by a parent's positive test, and only 1 parent per household is required to comply with the testing requirement. HB 861 passed the House on March 7 and the Senate in amended form on March 27, 2012. The House agreed to the Senate's changes on March 29, 2012, and the bill now awaits the Governor's action.
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 committed against children under age 16. HB 1176 passed the House on March 22 and the Senate with amendments on March 27, 2012. The House agreed to the Senate's changes on March 29, 2012, and the bill now awaits the Governor's action.
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 1151 passed the House on February 7 and the Senate on March 29, 2012. As a resolution, this legislation does not require action by the Governor.
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 and the House on March 20, 2012. When the bill returned to the Senate for agreement to changes made in the House, an additional amendment was added that eliminates the sunset provision on short-term detention programs in delinquency cases. Previously, the maximum time for which a court could commit a child to the Department of Juvenile Justice under the short-term program was 60 days, but in recent years that maximum was reduced to 30 days for budgetary reasons. It was scheduled to revert to 60 days on July 1, 2013, but due to the removal of this sunset provision will remain at the 30-day maximum indefinitely. The House agreed to the Senate change on March 29, 2012. SB 366 now awaits the Governor's action.
Bills that Did Not Pass
Note: this list now only includes bills that crossed over and were eligible for action in the last 10 days of the session.
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 was amended to allow an associate judge to serve as a pro tem judge in another county and received a favorable recommendation from the Senate Judiciary Committee on Monday, March 19, 2012 and passed the full Senate on Wednesday, March 22, 2012. However, the House did not take it up again to agree to the Senate changes, so the bill did not pass.
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, and received a favorable recommendation from the Senate Judiciary Committee on Wednesday, March 22, 2012. Unfortunately, it was never put on the calendar for a vote by the full Senate. See below for more details.
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. It received a favorable recommendation from the House Civil Judiciary Committee on Wednesday, March 21, 2012, but was never put on the calendar for a vote by the full House.
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, 2012, and received a favorable recommendation from the House Civil Judiciary Committee on Wednesday, March 21, 2012. However, it was never put on the calendar for a vote by the full House.
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 received a favorable recommendation from the House Civil Judiciary Committee on Wednesday, March 21, 2012. However, it was never put on the calendar for a vote by the full House.
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, but was never considered by the House Civil Judiciary Committee. However, HB 1176, which did pass, addresses these statutes of limitations in a different way (see description above).
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 passed the Senate on Monday, March 5, 2012, but was never considered by the House Civil Judiciary Committee. However, HB 1176, which did pass, contains some of the definitions included in this bill (see description above).
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