Fairness for Prisoners' Families
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Fairness for Prisoners’ Families
Legislative Update
March 16, 2006, Legislative Days 23-33Post-Crossover Day Report
Monday, March 13, 2006 was the 30th legislative day, also known as Crossover Day. In order to still be “alive”, bills must pass the chamber from which they originated by this deadline. House Bills that do not pass the full House of Representatives on or before the 30th legislative day will not be considered by the Senate this year. Similarly, Senate Bills that do not pass the full Senate on or before the 30th legislative day will not be considered by the House.
The General Assembly is scheduled to be in session Monday the 20th for Day 34, Wednesday March 22 through Friday March 24 for Days 35 through 37, and Monday March 27th for Day 38, which may be the final day of the 2006 session. There will be many committee meetings to consider final bills between now and then. Most notably, the Senate Judiciary Committee will be holding hearings on HB 1059, House majority Leader Jerry Keen’s “Sexual Predator” legislation. The next hearing on this legislation is scheduled for tomorrow, Friday March 17th, 2006 at 9:00 am in room 307 of the Coverdell Legislative Office Building.
Below is a list of bills that are still pending that Fairness will continue to monitor:
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 the House and awaits a hearing in Senate Insurance and Labor.
HB 1292: Designates the fourth Monday in March of each year as 'Prison Chaplains Appreciation Day' in Georgia. This bill has passed the House and awaits a hearing in Senate Rules.
Sex Offense Bills
HB 1031: This bill changes the language regarding sodomy to be gender neutral. This bill has passed the House and awaits a hearing in Senate Judiciary.
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. This bill has passed the House and has had several hearings in Senate Judiciary, though the committee has taken no action yet. This committee may choose to include provisions in HB 1059 taken from the following bills:
- SB 372: This bill changes many definitions regarding sex offenders, provisions for the sex offender registry, and residential requirements.
- SB 377: This bill changes the potential sentences for many sex offenses to a mandatory minimum of 25-50 years to life imprisonment.
- SB 378: This bill changes the distance from areas where children congregate where registered sex offenders may live from 1000 feet to 2500 feet.
- SB 449: This bill prohibits a registered sex offender from living in a dorm or other housing owned by a college or university.
- SB 451: This bill allows for sheriff’s to elect to publish in the local paper the name and photograph of someone convicted of a sex offense when he or she is release on probation or moves to their county.
- SB 478: This bill increases the penalties for committing a sex offense against a mentally challenged person by ten years.
- SB 521: provides for enhanced penalties and civil commitment for certain sex offenses when aggravating circumstances are found beyond a reasonable doubt; changes punishment provisions for virtually all sex offenses
- SB 560: provides that it shall be unlawful to have carnal knowledge with a disabled person who is incapable of granting consent
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 the Senate and awaits a hearing in the House Judiciary Non-civil committee.
SR 954: Ratifies the Georgia Public Defender Standards Council’s Performance Standards for Criminal Defense Representation in Indigent Criminal Cases. This bill has passed the Senate and awaits a hearing in the House Judiciary Non-civil committee.
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 the Senate and awaits a hearing in the House Judiciary Non-civil committee.
SR 1027: This resolution creates the Senate Study Committee on Court Surcharges and Additional Fines. This bill has passed.
Juvenile Justice Bills
HB 1145: This bill changes the way mental health evaluations are handled in juvenile cases. This bill has passed the House and awaits a hearing in Senate Judiciary.
SB 135: This bill gives time limitations for charges against a juvenile to be presented to a grand jury or the case will be transferred to juvenile court. This bill has passed the Senate and House Judiciary Non-civil committee and awaits a hearing in the House Rules Committee.
SB 136: This bill gives an adult blood relative or stepparent the right to post bail for a child but requires them to immediately return the child to the individual or entity that has legal custody of the child. This bill has passed the Senate and House Judiciary Non-civil committee and awaits a hearing in the House Rules Committee.
SB 522: changes certain code provisions relating to disposition for certain delinquent acts in juvenile proceedings. This bill has passed the Senate and awaits a hearing in the House Judiciary Non-civil committee.
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 has passed the Senate and House Judiciary Non-civil committee and awaits a hearing in the House Rules Committee.
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 the House and awaits a hearing in Senate Judiciary.
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 has passed the House and awaits a hearing in Senate Education and Youth Committee.
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 the Senate and House Judiciary Non-civil committee and awaits a hearing in the House Rules Committee.
SB 583: will not allow defendant a bench trial unless the prosecution agrees to it in a criminal case. This bill has passed the Senate and awaits a hearing in the House Judiciary Non-civil committee.
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 the House and awaits a hearing in Senate Judiciary.
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 has passed the Senate and has had a hearing in the House Judiciary Non-civil committee. No action taken yet.
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 has passed the Senate and awaits a hearing in the House Judiciary Non-civil committee.
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. This bill has passed the House and Senate Judiciary and awaits a hearing in the Senate Rules Committee.
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 has passed the House and awaits a hearing in Senate Judiciary.
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 the Senate and House State Institutions & Property committee and awaits a hearing in the House Rules Committee.
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 the House and Senate Public Safety and Homeland Security and awaits a hearing in the Senate Rules Committee.
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