Fairness for Prisoners' Families
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Fairness for Prisoners’ Families
2006 Legislative SummaryApril 3, 2006
The Georgia General Assembly came to a close after midnight after a marathon day last Thursday. Below is a list of bills that Fairness monitored:
Dept of Corrections Bills
HB 1126: This bill allows for correctional officers who are injured by “inmate violence” to receive medical Medicare benefits after 3 years rather than the previous the eight-year service requirement. This bill has passed both Houses and awaits the Governor’s signature.
HB 1292: Designates the fourth Monday in March of each year as 'Prison Chaplains Appreciation Day' in Georgia. This bill has passed both Houses and awaits the Governor’s signature.
Sex Offense Bills
HB 1031: This bill changes the language regarding sodomy to be gender neutral. This bill did not pass.
HB 1059: House majority Leader Jerry Keen’s “Sexual Predator” legislation. This bill increases sentences from 10 to 25 years to 50 years and requires lifetime electronic monitoring of some sex offenders. It impacts children ages 13-16 who would be prosecuted and sentenced as adults. Consensual sexual activity between 13 year-olds could be punishable by a minimum of 25 years in prison. It also tightens restrictions on where sex offenders can live and work. This bill has passed both Houses and awaits the Governor’s signature. We will be sending out a comprehensive analysis of this legislation soon.
Indigent Defense
SB 503: This bill allows for the $50 application fee for a public defender to be collected as a condition of probation, and no one will be denied a lawyer if they cannot pay the application fee. This bill also staggers the terms of the members of the Georgia Public Defenders Standards Council. This bill has passed both Houses and awaits the Governor’s signature.
SR 954: Ratifies the Georgia Public Defender Standards Council’s Performance Standards for Criminal Defense Representation in Indigent Criminal Cases. This bill has passed both Houses and awaits the Governor’s signature.
SR 955: Ratifies the Georgia Public Defender Standards Council’s Performance Standards for Juvenile Defense Representation in Indigent Delinquency and Unruly Cases. This bill has passed both Houses and awaits the Governor’s signature.
SR 1027: This resolution creates the Senate Study Committee on Court Surcharges and Additional Fines. This bill has passed.
Juvenile Justice Bills
HB 1145: Insists Juvenile Courts order mental evaluations if there is any question of a juvenile suspect's competency to stand trial. Also includes "Amy's Law," which would give Juvenile Court judges the authority to lock up until age 21 a child who commits a murder. This bill has passed both Houses and awaits the Governor’s signature.
SB 135: Requires juvenile's cases in Superior Court to go before a grand jury within 180 days. Otherwise, the child's case will be transferred to Juvenile Court.This bill has passed both Houses and awaits the Governor’s signature.
SB 136: Specifies that a child's bail may be posted by anyone with legal custody of the child, or by an adult blood relative or stepparent. This bill has passed both Houses and awaits the Governor’s signature.
SB 522: changes certain code provisions relating to disposition for certain delinquent acts in juvenile proceedings. This bill was incorporated into HB 1145.
SR 700: Extends the life the Juvenile Law Commission charged with reviewing Georgia’s juvenile code sections and making recommendations about necessary updates and changes. This bill did not pass.
Criminal Procedure / Death Penalty Bills
HB 57: This bill prohibits the license of any doctor who participates in an execution from being challenged, suspended, or revoked. This bill has passed both Houses and awaits the Governor’s signature.
HB 1239: This bill provides for annual education in junior high schools about changes to criminal law in Georgia and how it can impact them. This bill did not pass.
SB 398: This bill changes provisions relating to the court's instructions and procedures related to psychiatric evaluations of a defendant entering a plea of insanity. This bill has passed both Houses and awaits the Governor’s signature.
SB 583: will not allow defendant a bench trial unless the prosecution agrees to it in a criminal case. This bill did not pass.
Sentencing Bills
HB 1302: amends the "Georgia Street Gang Terrorism and Prevention Act" by enhancing the penalties for participating in criminal street gang activity and providing for the admissibility of certain evidence at trial. This bill has passed both Houses and awaits the Governor’s signature.
SB 57: This bill will sentence people convicted of murder and who have previously been convicted of three or more felonies to life without parole. This bill did not pass.
SB 502: This bill significantly revises DUI law, including changing legal intoxication limits, how police must issue warnings about tests and arrest, and allows the police to forcibly take samples of blood or urine on someone they suspect of DUI who doesn’t consent to the test. This bill did not pass but a portion of it was incorporated into HB 1275.
Probation and Parole System Bills
HB 692: This bill requires that if banishment is being used that they must be banished to an entire judicial circuit where services required by their probation are available. It also extends the repeal date of the Probation Management Act of 2004 which created Day Reporting Centers from July, 2006 to June, 2008. This bill has passed both Houses and awaits the Governor’s signature.
HB 1250: extends the repeal date of the Probation Management Act of 2004 which created Day Reporting Centers from July, 2006 to June, 2008. This bill did not pass but was incorporated into HB 692.
Privatization Bills
SB 44: This bill allows for the Board of Corrections to enter into contracts for the operation of private probation detention and diversion centers. This bill has passed both Houses and awaits the Governor’s signature.
Police Bills
HB 1019: The "Taser Certification Act": requires that peace officers must complete a training about the proper use of Tasers and stun guns at least every two years in order to be certified. This bill has passed both Houses and awaits the Governor’s signature.
Taking Action:
For information on who are your legislators and how to contact them, please visit Fairness’ Action Center. This page also includes voter registration information, links to the Georgia Constitution and Code, and reasons why we must raise our voices!
Background and resources:
LEGISLATURE
• General Assembly
• Senate members
• House members
• Track bills
• Who represents you?
STATE GOVERNMENT
• Main state site
• Governor's office
• Lt. governor's officeIf you have any questions or concerns, please don’t hesitate to contact me.
With hope and solidarity,
Sara
Sara J. Totonchi
Public Policy Director
Southern Center for Human Rights
83 Poplar Street, N.W.
Atlanta, Georgia 30303
404/688-1202 voice
404/688-9440 fax
stotonchi@schr.org