2005 Legislative Session Report #3

The General Assembly has been busy for the past two weeks (legislative days 10-16).

On the budgetary front, the House of Representatives passed the FY05 supplemental budget, and the Senate is now considering it (HB 84). The House appropriated $8.24 in new state funds to the Georgia Public Defender Standards Council; however, this amount is expected to be further reduced by the Senate. In total, the Council expects to have about $1 million reduced from its initial $8.75 budget request. This reduction is voluntary.

The House is now considering the FYO6 budget requests. Sarah Haskin made the Council's FY06 budget request to the House Appropriations Public Safety Subcommittee yesterday (2/9).

On other legislative matters, HB 316 was introduced to provide for one assistant public defender for the juvenile division in each circuit public defender office. Also, HB 366 was introduced by the legislators from Forsyth County to widen the opt-out provision. Both bills are in the Judiciary Non-Civil Committee.

HB 391 to allow circuit public defenders into the Judicial Retirement System was also introduced. It has been assigned to the Retirement Committee.

The House passed SB 3 (tort reform). Section 7 sets out the criteria for the admission of expert testimony in all actions. Subparagraph (f) applies the case of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and other federal cases in interpreting the standard set forth by the bill. SB 3 now heads back over to the Senate for approval of House amendments.

The Governor's bills HB 170 (Criminal Justice Act of 2005) and HB 172 (Crime Victims Restitution Act of 2005) were scheduled to be heard by the special subcommittee of the Judiciary Non-Civil committee yesterday; however, the subcommittee was only able to hear testimonies on HB 172.

The members had numerous questions for Rep. Rich Golick, the primary sponsor of the bill and the Governor's floor leader, and Rebecca Sullivan, Deputy Executive Counsel for the Governor. The special subcommittee is expected to meet again on HB 172 and HB 170 on Tuesday (2/15) when a substitute to HB 172 will be presented addressing the subcommittee members' concerns.

HB 172 may also affect HB 1EX collections as pointed out by Tom Lawhler, Superior Court Clerk of Gwinnett County . For more information regarding this bill and other criminal justice bills, please check out "Summary of 2005 legislation."

The General Assembly will be in session for the entire week of February 14th for legislative days 17 to 21.

Questions? Contact Cindy Wang