2005 Legislative Bills

The following is a list of bills that have been introduced (as of March 18, 2005 ) which may be of interest:

• House Bills
• House Resolutions
• Senate Bills
• Senate Resolutions

House Bills

HB 6: This bill makes all fines and forfeitures from traffic offenses to be remitted to the State Treasury.

HB 13: This bill increases the number of people who can be charged with the offense of aggravated sodomy by changing the minimum age of victims from 10 to 12 years old. It also makes the offense punishable by death, life imprisonment, or imprisonment for not less than 10 years or more than 30 years, if the victim is 12 years old or younger.

HB 19: This bill requires that anything containing pseudoephedrine (like Sudafed, one of the chemicals used in the production of methamphetamines) can be dispensed only by a licensed pharmacist and the person buying it will need to show identification and may purchase no more than 9 grams. The pharmacist will also have to keep logs of who buys this drug and how much they purchase.

HB 29: This bill bans the use of any electroshock device, including stun guns, stun shields, and Tasers by any state, county, or local law enforcement officer in the line of duty.

HB 30: This bill is intended to stop racial profiling during police stops. It prohibits police officers from using race or ethnicity to determine whether to stop a motorist, requires police officers to document the race, ethnicity, and gender of a motorist and passengers that they stop, and requires annual training of police officers about racial profiling.

HB 45: This bill requires that any product used in the preparation of methamphetamine shall be maintained behind the counter, in a locked cabinet, and shall only be distributed by a licensed pharmacist and that anyone buying one of these products will have to show identification in order to purchase. Any pharmacy or pharmacist that fails to do this can be punished by a fine of not more than $1,000.00 or by imprisonment not to exceed six months or both. This is the same bill as SB 24.

HB 57: This bill prohibits the license of any doctor who participates in a state ordered execution from being challenged, suspended, or revoked.

HB 60: This bill would create the division of probation/parole community based supervision.

HB 64: This bill limits the amount of time a person can spend in a probation detention or diversion center to 120 days.

HB 65: This bill would create the division of probation/parole community based supervision.

HB 77: This bill seeks to provide funding for local juvenile diversion programs by adding an additional 10% surcharge to criminal fines in all courts.

HB 79: This bill is essentially the same as HB 77, but is slightly more specific about what constitutes a juvenile diversion program. An amendment was proposed by GMA to give the cities and the counties discretion in imposing the 10% surcharge. The amendment would also keep the funds local.

HB 92: This bill eliminates the requirement that a speed detection device is operated in a vehicle that is visible for a distance of at least 500 feet.

HB 93: This bill would make the performance of an abortion a felony and would permanently revoke the physician's license if convicted.

HB 106: This bill requires those who are convicted of aggravated assault with intent to rape to register with the Sex Offender's Registry.

HB 130: This bill amends the already existing "Georgia Street Gang Terrorism and Prevention Act," by adding more crimes (including spray painting) to be included in this statute. It also raises the minimum fine that one would be charged with from $5,000 to $10,000 and the prison time from three to five years but no more than 15.

HB 140: This bill adds to the definition of "sexually violent offense" to include aggravated assault with intent to rape (same as HB 106).

HB 169: This bill removes the statute of limitations for prosecution for aggravated child molestation.

HB 170: This bill is the "Criminal Justice Act of 2005" and is part of the Governor's legislative package. This bill reduces the number of peremptory challenges that the defense has to 3 strikes for misdemeanors, 6 strikes for felonies, and 10 strikes for death penalty cases. The prosecution would have the same number of peremptory jury strikes as the defense. The defense would have to exercise its strike first. The bill would also give the prosecuting attorney the ability to always conclude the argument to the jury regardless of whether the defense puts forth any evidence. It also provides for discovery in sentencing proceedings, admission of character evidence, and makes orders denying the recusal of a judge directly appealable.

HB 171: This bill applies to those who must register with the Sexual Offenders' Registry. It will make it so that a person who is convicted of a criminal offense against a minor will have to verify their registration every 90 days.

HB 172: This bill is the "Crime Victims Restitution Act of 2005" and is part of the Governor's legislative package. HB 172 requires the trial court to order mandatory restitution in both adult criminal matters and juvenile delinquency proceedings. In ordering restitution, the trial court may consider the financial resources of the defendant and his or her dependents. In juvenile matters, the court may consider the parent's financial resources. The prosecuting attorney will show special damages to the trial court to determine the amount of restitution. The restitution order will become a civil judgment against the defendant. The prosecutor will then enforce the judgment, and the defendant's wages may be garnished.

HB 175: This bill adds the possibility of a fine besides imprisonment as punishment for someone who commits a drug offense.

HB 176: This bill allows for the traffic violations bureau to enter a standing order stating that incarceration shall not be imposed absent specific notice to the defendant that the court intends to consider imposing criminal penalties.

HB 181: This bill would allow for the trial court to transfer all SB 440 cases back to the juvenile court.

HB 188: This bill applies to those who must register with the Sexual Offenders' Registry and will require them to pay $25 to have their picture published in the legal paper of the county in which the crime happened.

HB 216: This bill is another bill to address methamphetamine production and sales. It is similar to HB 19.

HB 222: This bill attempts to invoke the felony discovery rule if the defendant in a deprivation proceeding receives discovery.

HB 248: This bill will sentence people convicted of murder and who have previously been convicted of three or more felonies to life without parole.

HB 278: This bill makes it illegal to have secret compartments in a car to hide drugs in and makes the offense punishable by a fine of not more than $10,000.

HB 289: This bill gives parole officers the power of police to assist police, correctional, or homeland security officers during "extraordinary circumstances"

HB 296 and 297: These bills authorize the creation of a "Family Court Division" in superior courts.

HB 316: This bill provides for an assistant public defender for the juvenile division for each circuit public defender office.

HB 325: This bill is similar to HB 181 in that it allows for superior courts to transfer all SB 440 cases to be transferred down to juvenile courts.

HB 335: This bill is similar to SB 97 in that it allows for supervision fees in juvenile courts to be used for truancy prevention programs.

HB 336: This bill allows for individuals with creditable service in any predecessor retirement system to be able to transfer the creditable service to the Employee Retirement System.

HB 347: This bill extends the Code Section regarding state crime lab reports to be considered as prima facie evidence to lab reports from private laboratories that the state crime lab contracts with.

HB 366: This bill expands the opt-out provision of the Georgia Indigent Defense Act of 2003 by removing the Standards Council's ability to disapprove an application for opt-out and by allowing the single county circuits to apply for opt-out more than once.

HB 362: This bill puts county paid assistant district attorneys and assistant public defenders into the state's Employee Retirement System after July 1, 2006 .

HB 386 and 387: These bills provides for a maximum of 20 years prison sentence for persons convicted of conspiracy to commit a crime or criminal attempt if the underlying crime would have carried a life sentence or the death penalty.

HB 391: This bill allows for circuit public defenders to be in the Judicial Retirement System. The circuit public defenders have until December 31, 2006 to decide whether to transfer from the Employee Retirement System to the Judicial Retirement System. The circuit public defenders may transfer up to 2 years of creditable service.

HB 398: Increases the penalty for criminal solicitation for crimes punishable by death or life imprisonment. This bill is similar to HB 386 and HB 387.

HB 419: This bill provides for fines in certain speeding cases to be remitted to the Department of Public Safety.

HB 432: This bill allows for a judge to permit someone convicted of a felony and sentenced to the GA Department of Corrections to be able to participate in work-release programs.

HB 473: This bill seeks to revise first offender treatment and notification procedures by the probation office of whether the defendant has successfully or unsuccessfully completed the first offender program.

HB 479: This bill allows county-paid assistant district attorneys and assistant public defenders to transfer credit to the State's retirement system.

HB 561: This bill clarifies what is considered a "civil action" in probate courts for purposes of the additional civil filing fee under HB 1EX.

HB 571: This bill distinguishes the criteria for admission of expert testimony in criminal actions versus civil actions.

HB 584: This bill creates the Georgia Driver's Education Commission and establishes an additional 5% surcharge on all fines for violation of traffic laws. Same as SB 226.

HB 607: This bill amends the application of the mandatory minimum sentencing under O.C.G.A. 17-10-6.1 to those offenders 18 or older.

HB 690: This bill requires law enforcement officers to notify DFACS if a minor is present when an arrest is made for methamphetamine crimes.

HB 692: This bill modifies conditions of probation relating to banishment.

HB 701: This bill provides that an acquittal or any disposition other than a conviction will not terminate an administrative license suspension which is based upon a refusal to submit to a breath test.

HB 718: This bill gives lower courts the authority to operate a pretrial diversion program.

HB 722: This bill raises the age of consent for sexual offenses to 18 years of age.

HB 730: This bill increases the maximum sentence for municipal ordinance violations from 30 days to 6 months.

HB 753: This bill redefines "family violence" by modifying felonies to those involving acts of aggression or violence towards the victim.

HB 755: This bill prohibits the petitioner of family violence protective orders from modifying the operation of the order or permitting, inviting, or encouraging the respondent to violate the order; to prohibit certain communications by petitioners.

HB 771: This bill creates an additional $10 civil filing fee to all civil actions filed in lowers courts. The monies generated will go towards local county indigent defense funds.

House Resolutions:

HR 6: This resolution urges all law enforcement and correctional agencies to suspend the use of all electroshock devices, including stun guns, stun shields, and Tasers.

HR 7: This resolution is to create a Constitutional Amendment that would allow people who are convicted of felonies to be able to register to vote and vote once they are no longer incarcerated and while serving probation or parole.

HR 9: This resolution is to create a Constitutional Amendment that would allow people who are convicted of felonies to be able to register to vote and vote once they are no longer incarcerated and while serving probation or parole.

HR 301: This bill creates the Capital Punishment Study Commission.

HR 490: This bill creates a joint study commission to restructure criminal penalties.

HR 515: This bill creates a House study commission to restructure criminal penalties.

Senate Bills:

SB 2: This bill reduces the number of peremptory jury strikes that the defense has in misdemeanor (3), felony (6), and death penalty (10) cases. It reduces the number of jurors that need to be impaneled from 30 to 24 (32 for death penalty cases). The bill also has the defense exercising the first peremptory challenge. The prosecution and defense would have an equal number of peremptory jury strikes.

SB 24: This bill requires that any product used in the preparation of methamphetamine shall be maintained behind the counter, in a locked cabinet, and shall only be distributed by a licensed pharmacist and that anyone buying one of these products will have to show identification in order to purchase. Any pharmacy or pharmacist that fails to do this can be punished by a fine of not more than $1,000.00 or by imprisonment not to exceed six months or both. This is the same bill as HB 45.

SB 44: This bill allows for the Board of Corrections to enter into contracts for the operation of private probation detention and diversion centers.

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 without the requirement that the State seek the death penalty or that statutory aggravating circumstances can be found under Code Section 17-10-30 .

SB 58: This bill amends the already existing "Georgia Street Gang Terrorism and Prevention Act," by adding more crimes (including spray painting) to be included in this statute.

SB 59: This bill allows for people placed on probation for misdemeanor convictions to be confined in county diversion centers.

SB 97: This bill allows for "truancy intervention services" to be added to the list of ancillary services that a supervision fee collected in the juvenile court can be used for.

SB 116: See HB 216.

SB 134: This bill creates the "Probation Sanctions Program" operated by the Department of Juvenile Justice in which the juveniles may be sanctioned to time in secured confinement or youth detention center if he or she violates probation. Probation officers supervising a child on probation shall file a petition for revocation with the juvenile court when a child meets the criteria established by the Department of Juvenile Justice or may present a signed waiver by the child and his or her guardian or the child and his or her attorney admitting to the violations and agreeing to submit to the sanctions program.

SB 135: This bill sets a time frame (180 days) to indict juveniles under SB 440.

SB 136: This bill removes the requirement that a parent or guardian apply for bail to a juvenile charged with a delinquent act.

SB 148: This bill prohibits to use of "racial profiling" by law enforcement officers.

SB 203: This bill authorizes counties that provide indigent defense to recover attorney's fees and costs from individuals who received indigent defense services when they were not qualified.

SB 213: This bill is the "Racial and Ethnic Justice Act of 2005." It provides definitions of racial profiling; prohibits racial and ethnic profiling by law enforcement officers and agencies; provides procedures for the investigation of allegations of racial and ethnic profiling; and requires training on racial and ethnic profiling for law enforcement.

SB 221: This bill would allow for certain counties to opt-out of the Public Defender system. This is the Senate version of HB 366.

SB 226: This bill creates the Georgia Driver's Education Commission and establishes an additional 5% surcharge on all fines for violation of traffic laws. Same as HB 584.

SB 240: This bill makes the payment of certain fines and forfeitures to the State Treasury. Same as HB 419.

SB 301: This bill imposes a $5 technology fee to all criminal fines and civil filing fees in all levels of the courts.

SB 346: This bill provides for the criminal offense of criminal threats or acts against certain officers of the executive, legislative, and judicial branches and against such family members of such persons on account of the performance of official duties. The penalty will be imprisonment of 5 to 10 years.

Senate Resolutions:

SR 161: This resolution creates the Juvenile Code Rewrite Joint Study Committee.

SR 184: This resolution creates the Georgia Capital Punishment Study Commission to study the death penalty and urges the suspension of executions until a report from this study commission is submitted to the General Assembly; and the General Assembly and the Governor respond to recommendations from the study commission.

SR 431: This bill creates a Senate study committee on security for state and county buildings.