During this week (legislative days 17 to 21), the Senate passed the FY05 supplemental budget (HB 84). The Senate did reduce the Standards Council's budget request by about $500,000 as anticipated. The Standards Council will present its FY06 budget request to the Senate Appropriations Criminal Justice subcommittee on Monday at 2:00 PM.

On other legislative matters, HB 316 which provides for one additional assistant public defender for each juvenile division of the circuit public defender offices passed out of the subcommittee for House Judiciary Non-Civil with one slight modification. The bill now authorizes one assistant public defender for each full-time juvenile court judge authorized for each judicial circuit; and for those circuits without a full-time juvenile court judge, one assistant public defender per circuit. The Southern Juvenile Defender Center, the Southern Center for Human Rights, and the Standards Council spoke in favor of this bill. Circuit Public Defenders Lee Robinson (Macon) and Michael Edwards (Eastern) testified as to the need for this bill.

HB 366, which widens the opt-out provision, was heard by the full House Judiciary Non-Civil committee on Monday. Chairman Ralston appointed a special working group to revise HB 366. The working group consists of the following:

Rep. Ed Setzler, Chair
Rep. Tom Bordeaux
Rep. Tom Knox
Rep. Randall Mangham
Rep. Phyllis Miller
Rep. Robert Mumford

Chairman Ralston also asked bill sponsor Rep. Jack Murphy to join as well as Rep. Calvin Hill from Cherokee County . This working group is expected to develop a committee substitute to HB 366. The full Judiciary Non-Civil committee may hear both HB 316 and HB 366 next week.

The Senate dropped their version of HB 366 in the form of SB 221 this week. The bill's sponsors are Sen. Chip Rogers (Cherokee and Cobb), Sen. Bill Stephens (Cherokee and Forsyth), and Sen. Chip Pearson ( Dawson, Fannin, Forsyth, Gilmer, Lumpkin, Pickens, Union, and White).

Regarding retirement-related bills, HB 479 which allows for county-paid assistant district attorneys and assistant public defenders to transfer credit to the state's Employee Retirement System was introduced by Rep. Robert Mumford. Thus far, HB 336, HB 362, HB 391, and HB 479 have been introduced that would impact the circuit public defenders and assistant public defenders. Because all of these bills call for a fiscal note, the Retirement committees will decide in the summer whether to allow actuarial studies to be performed on them.

Senator John Wiles introduced SB 203 this week to help the counties recover attorneys' fees from individuals who received indigent defense services when they were not qualified.

SB 3 (tort reform) was approved by the Senate with the House amendments.

The Governor's bills HB 170 (Criminal Justice Act of 2005) and HB 172 (Crime Victims Restitution Act of 2005) were heard by the special subcommittee of the Judiciary Non-Civil committee. The Governor's floor leader, Rep. Rich Golick, listened to the concerns of the criminal defense bar and was amenable to the suggested changes. HB 172 as amended by committee substitute was passed out of the full House Judiciary Non-Civil committee on Wednesday. The administration will further work with the criminal defense bar and prosecutors to work out a compromise on HB 170. The special subcommittee will continue its hearing on HB 170 next Tuesday afternoon. A committee substitute is expected to be ready by Tuesday. GACDL representatives Jack Martin, Sandra Michaels, and Don Samuels well represented the criminal defense bar. The Georgia Capital Defender, Chris Adams, expressed the need for allowing death penalty peremptory challenges to be left alone.

For more information on other criminal justice bills, please check out "Summary of 2005 Legislation."

The General Assembly will be in session next Tuesday (2/22) to Friday (2/25) for legislative days 22 to 25.