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The Georgia 2002 Legislation Update
by Carly Cappello

Passed Legislation

HB 201
· Last major action: 4/26/01- Approved by the Governor

· Title/Summary: Amends Code Section 15-11-66 of the Official Code of Georgia Annotated, relating to the disposition of a delinquent child, so as to provide for an alternative to detention in a youth development center.

· Note: After adjudicating the child for the commission of a delinquent act, the Court may order the child to serve up to a maximum of 90 days in a treatment program provided by the Department of Juvenile Justice or the juvenile court. In addition, the court may suspend the driver's license of the delinquent child or prohibit the issuance of one for a period not to exceed the date on which the child would become 18 years of age.

HB 642
· Last major action: 5/21/02- Approved by Governor

· Title/Summary: Amends Article I of Chapter II of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, as to provide for the comprehensive regulation of discovery and inspection in juvenile cases.

HB 1105
· Last major action: 5/13/02-Approved by Governor

· Title/Summary: Amends Part 8 of Chapter II of Title 15 of the Official Code of Georgia Annotated, relating to access to records and hearings involving children, so as to authorize the photographing of every child who has absconded and subsequently returned to the custody of the Department of Juvenile Justice.

·Note: Fingerprints and photographs of children shall be taken and filed separately from those of adults by law enforcement officials to be used in investigating the
commission of crimes.

HB 127
· Last major action: 5/16/02- Approved by Governor

· Title/Summary: Juvenile Discovery Act; Amends Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to restrict full-time juvenile court judges from serving as a judge in another court; to clarify the obligation of the district attorney regarding a petition in juvenile court when the district attorney declines to prosecute certain children in superior court; to change and reorganize provisions so as to divide into separate parts those provisions relating to allegedly deprived children and those provisions relating to allegedly unruly or delinquent children; to provide for sealing records in cases when petitions alleging delinquency or unruliness have been dismissed or informally adjusted.

SB 291
· Last major action: 5/16/02

· Title/Summary: Amends Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change procedures and penalties in disciplinary hearings when a student has allegedly committed certain acts of violence.

· Notes: Bill requires: student codes of conduct to include provisions governing conduct on public bus schools; provides for the contents and review of such provisions; changes provisions and penalties for students who commit certain acts of violence and tribunals for certain alleged acts of violence; provides for the application of certain disciplinary policies to children in kindergarten through grade five.

Pending Legislation

HB 181
· Last major action: 01/23/01- Judiciary- House Second Readers

· Title/Summary: Changes the standards for determining whether to transfer a child for prosecution from the juvenile court to another court.

· Act would provide that after a petition has been filed alleging delinquency based on conduct which is designated a crime or public offense under the laws, including local ordinances, the court before hearing the petition on its merits may transfer the offense for prosecution to the appropriate court having jurisdiction of the offense if certain qualifications are met.

HB 382
· Last major action: 2-5-01- Judiciary- House Second Readers

· Title/Summary: Amends Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, parental rights, and mental incompetency and dependency for juveniles. Changes the jurisdiction of the juvenile court to include certain children under 18 years of age; to change definitions; to provide for jurisdiction as a court of inquiry regarding certain persons over 18 years of age; to provide for notification of the juvenile court if a person who appears to be under the age of 18 is confined in a jail for adults and transfer of such person; to provide for commitment of children 13 to 18 years of age to the custody of the Department of Corrections.

HB 618
· Last major action: 3-7-02- Senate committee favorably reported.

· Title/Summary: Amends Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that provisions relating to students subject to disciplinary orders of other public school systems apply to students subject to disciplinary orders of other educational entities, including private schools and home study programs.

HB 667
· Last major action: 2-21-01- House Second Readers.

· Title/Summary: Provides for misdemeanor criminal penalties for a minor who possesses, purchases, or attempts to purchase cigarettes or tobacco related objects or misrepresents his or her age or identity.

SB 76
· Last major action: 1-29-01- Senate Read and Referred.

· Title/Summary: Amends Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, parental rights, and mental incompetency and dependency for juveniles, so as to provide that a child shall not be considered for commitment to the Department of Juvenile Justice unless the child has attained the age of 12 years at the time of the act, omission, or negligence constituting the delinquent or unruly conduct, and that a child shall not be detained in a youth detention center unless the child has attained the age of ten years at the time of the act, omission, or negligence constituting the delinquent or unruly conduct.

HR 1125
· Last major action: 2-14-02- House Hopper.

· Resolution to declare 2-28-02 Juvenile Justice Day in Georgia

 

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SOUTHERN JUVENILE DEFENDER CENTER
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