Summary of Enacted Legislation 2017enactedlegislation.georgiacourts.gov/sites/default/files/Enacted... · The Summary of Enacted Legislation provides summaries of bills and resolutions

Summary of Enacted Legislation

2017

Prepared by the Judicial Council/Administrative Office of the Courts

Governmental and Trial Court Liaison

Published by the Office of Governmental and TrialCourt Liaison of the Judicial Council of Georgia/

Administrative Office of the Courts.

Director, Cynthia H. Clanton

Judicial Council of GeorgiaAdministrative Office of the Courts

244 Washington Street, SW • Suite 300Atlanta, GA 30334

www.georgiacourts.gov

Foreword ............................................................................................................................ 2

2017 Session Summary ...................................................................................................... 3

Budget ................................................................................................................................ 4

Compensation/Retirement .................................................................................................. 8

Courts .................................................................................................................................. 9

General .............................................................................................................................. 16

Local ................................................................................................................................ 21

Public Safety & Traffic ..................................................................................................... 24

Vetoed by the Governor ................................................................................................... 25

2017 Study Committees ................................................................................................... 27

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The Summary of Enacted Legislation provides summaries of bills and resolutions that are pertinent to the judiciary passed by the 154th Georgia General Assembly during the 2017 Regular Session.

This publication organizes the summaries in numerical order based on their subject mat-ter. For bills that were vetoed, the veto message, as provided by Governor Nathan Deal, is included with the bill summary and are categorized in the “Vetoed by the Governor” section.

The Summary of Enacted Legislation is intended to be a convenient reference guide. Please note: a bill summary should not be used as the definitive source of legal interpretation. For detailed information, the Act itself should be examined.

Last, but certainly not least, the Judicial Council/Administrative Office of the Courts would like to thank our 2017 Legislative Interns – Michalette Haywood, Heather John-ston, and Carlos Ramirez – for their contributions during the legislative session.

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FOREWORD

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SUMMARY OF THE 2017 REGULAR SESSION

The 2017 Regular Session of the 154th Georgia General Assembly convened on January 9, 2017, and adjourned Sine Die on March 30, 2017. During the legislative session, lawmakers considered legislation on a wide range of issues, such as state intervention in low-performing schools, expansion of medical marijuana, campus carry of fire-arms, and domestic terrorism among other issues.

A number of bills that affect the judiciary were passed including the budget for Fiscal Year 2018, the modification of the structure of the Judicial Qualifications Commission (JQC), and an increase in compensation for certain judges. The General Assembly also passed another series of criminal justice reform legislation that enacts reforms for individuals supervised by accountability courts, felony probation, juvenile court proceedings, and driving privileges.

Four Judicial Council-supported bills received final passage: HB 5, HB 308 (by way of SB 137), HB 370, and SB 132. HB 5 amends O.C.G.A. § 15-11-52 to increase the amount of state funding to judicial circuits for the funding of juvenile court judges through state grants. The language of HB 308, which enacts provisions recommended by the Georgia Child Support Commission, was added to SB 137. HB 370 adds a new code section to Article 3 of Chapter 32 of Title 36 of the O.C.G.A. that authorizes the Council of Municipal Court Judges of Georgia to create and oversee savings and deferred compensation plans for its members. Finally, SB 132 revises O.C.G.A. § 9-11-133 to allow the Judicial Council to promulgate forms used in civil case filings and disposition information.

To view the legislative summaries of all bills tracked by the Judicial Council/Administrative Office of the Courts, please visit us at: legislation.georgiacourts.gov.

To view all bills introduced during the Georgia General Assembly’s 2017 session, go to www.legis.ga.gov/.

To view the bills signed by the governor in 2017, visit https://gov.georgia.gov/legislation/2017.

http://legislation.georgiacourts.gov

http://www.legis.ga.gov/

https://gov.georgia.gov/legislation/2016

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BUDGET

HB 43 – Supplemental appropriations; State Fiscal Year July 1, 2016 - June 30, 2017House Author: Speaker David Ralston (R – Blue Ridge)Senate Sponsor: Sen. Jack Hill (R – Reidsville)

HB 43 is the Supplemental Budget for State Fiscal Year 2017 (July 1, 2016 – June 30, 2017).To view the budget as passed by the General Assembly, please click here.

Signed by the Governor: February 15, 2017Effective Date: February 15, 2017

Highlights of the FY 2017 budget include the following:

Court of Appeals

• Reflect an adjustment in merit system assessments to alignbudget to expenditure. - $8,271• Increase funds to provide for security equipment storageand installation of four additional cameras in the HealthBuilding. - $17,441• Reduce funds to reflect a savings from the delayed hiringof a central staff attorney. - ($5,277)

Judicial Council

Council of Accountability Court Judges

• Reflect an adjustment in merit system assessments to alignbudget to expenditure. - $65

Judicial Council

• Reflect an adjustment in merit system assessments to alignbudget to expenditure. - $1,233• Eliminate funds to reflect a reduction in real estate ex-penses due to decreased utilization of space by the agencyeffective January 1, 2017. - ($22,879)

Judicial Qualifications Commission

• Reflect an adjustment in merit system assessments to alignbudget to expenditure. - $29• Reduce funds to reflect savings in personal services. -($40,000)

Juvenile Courts

Council of Juvenile Court Judges

• Reflect an adjustment in merit system assessments to alignbudget to expenditure. - $305

Superior Courts

Council of Superior Court Judges

• Reflect an adjustment in merit system assessments to alignbudget to expenditure. - $1,766

Superior Court Judges

• Reflect an adjustment in merit system assessments to alignbudget to expenditure. - $26,090• Provide additional funds to reflect an accountability courtsupplement to Superior Court Judges in the Tifton Circuiteffective January 1, 2017 and to the judges with existingoperational accountability courts in the Dublin and SouthGeorgia circuits. - $54,099• Eliminate one-time funds for equipment for the WesternCircuit judgeship created in HB 279 (2015 Session). -($7,562)• Reduce funds to reflect a savings from the delayed hiringof two law clerks. - ($13,596)

Supreme Court

Supreme Court of Georgia

• Reflect an adjustment in merit system assessments to alignbudget to expenditure. - $4,068• No change in funds for personal services for one informa-tion technology position.• No change in funds for personal services for one procure-ment and facilities position.• No change in funds for personal services for one senioraccountant position.• Increase funds for salary adjustment of the Georgia StatePatrol trooper assigned to Supreme Court. - $8,784• Reduce funds to reflect a savings from the delayed hiringof an administrative assistant. - ($29,824)• Reduce funds to reflect actual mileage expenses. -($14,000)

http://www.ciclt.net/sn/leg/l_detail2.aspx?ClientCode=aoc&L_ID=1311527&L_State=ga&L_Session=2017-2018&L_Prior=2015-2016


HB 44 – General appropriations; State Fiscal Year July 1, 2017 - June 30, 2018

House Author: Speaker David Ralston (R – Blue Ridge)Senate Sponsor: Sen. Jack Hill (R – Reidsville)

HB 44 is the Budget for State Fiscal Year 2018 (July 1, 2017 – June 30, 2018).To view the budget as passed by the General Assembly, please click here.

Signed by the Governor: May 1, 2017Effective Date: July 1, 2017

Highlights of the FY 2018 budget include the following:

Court of Appeals

• Increase funds for personnel to restore full-year fundingfor one vacant Deputy Court Administrator position (Hand S:Increase funds for a Deputy Court Administratorposition) - $190,883• Increase funds for personnel for two full-time central staffattorney positions effective July 1, 2017 - $322,393• Increase funds for personnel for one full-time central staffattorney position effective January 1, 2018 - $80,720• Increase funds to address increased costs of docket soft-ware maintenance - $27,500• Increase funds for operations for two new central staffattorney positions and one deputy court administratorposition - $4,914• Increase funds for one-time funding to scan and digitizefiscal records - $55,000• Increase funds for one-time funding to purchase furnitureand equipment for new central staff positions - $31,230• Eliminate funds for one-time funding for software costsassociated with e-filing applications and access to trial courtrecords from tablet devices - ($121,100)• Eliminate funds for one-time funding for the purchase ofseven servers - ($70,000)• Eliminate funds for one-time funding for an audiovisu-al upgrade of the system that supports courtroom videostreaming - ($139,150)• Increase funds for merit-based pay adjustments, employeerecruitment, or retention initiatives effective July 1, 2017 -$280,635• Increase funds to reflect an adjustment in the employershare of the Employees’ Retirement System - $14,571• Increase funds to reflect an adjustment to agency premi-

ums for Department of Administrative Services adminis-tered self insurance programs - $753 • Increase funds to reflect an adjustment in merit systemassessments - $10,694• Increase funds for WAN billing from GTA - $36,320• Increase funds for step increase to L4 - $117,470

Judicial Council

Council of Accountability Court Judges • Increase funds to support the certification and peer reviewprocess of Operating Under the Influence (OUI) CourtDivisions as required effective July 1, 2016 - $28,335• Increase funds for personnel for a salary adjustment for theChief Certification Officer - $16,626• Increase funds for merit-based pay adjustments, employeerecruitment, or retention initiatives effective July 1, 2017 -$3,404• Increase funds to reflect an adjustment in the employershare of the Employees’ Retirement System - $112• Reduce funds to reflect an adjustment in merit systemassessment - ($31)

Georgia Office of Dispute Resolution• No changes

Institute of Continuing Judicial Education• Increase funds to improve and expand new judge orienta-tion training - $40,000• No change in funds for personnel for one full-time skilledadministrative position to advance the court system’s wideruse of remote-learning methods and electronic publicationsfor Georgia judges and court support personnel• Increase funds for merit-based pay adjustments, employeerecruitment, or retention initiatives effective July 1, 2017 -$9,566• Increase funds to reflect an adjustment in the employershare of the Employees’ Retirement System. - $318• Reduce funds to reflect an adjustment in merit systemassessments - ($89)

Judicial Council• Increase funds to document the institutional technicalknowledge of the Court Process Reporting System (CPRS)- $104,024• Reduce funds to reflect the annualized reduction of rent -($45,758)• Increase funds for merit-based pay adjustments, employeerecruitment, or retention initiatives effective July 1, 2017 -

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BUDGET cont.

http://www.legis.ga.gov/Legislation/en-US/display/20172018/HB/44


http://www.house.ga.gov/budget/Documents/2018_FiscalYear/FY_2018_Bill_Conf_Cmte_Version.pdf

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BUDGET cont.

$97,220• Increase funds to reflect an adjustment in the employershare of the Employees’ Retirement System - $3,264• Reduce funds to reflect an adjustment to agency premiumsfor Department of Administrative Services administered selfinsurance programs - ($49,749)• Reduce funds to reflect an adjustment in merit systemassessments - ($911)• Increase funds to provide for Judicial Retirement Systempayments - $317,083• Increase funds for WAN billing by GTA - $25,966

Judicial Qualifications Commission• Increase funds for merit-based pay adjustments, employeerecruitment, or retention initiatives effective July 1, 2017. -$6,566• Increase funds to reflect an adjustment in the employershare of the Employees’ Retirement System - $225• Reduce funds to reflect an adjustment in merit systemassessments - ($63)• Increase funds for one legal counsel position and opera-tions - $278,989

Resource Center• No changes

Juvenile Courts

Council of Juvenile Court Judges• Increase funds for one coordinator position for the JDAI -$79,203• Increase funds for merit-based pay adjustments, employeerecruitment, or retention initiatives effective July 1, 2017 -$29,132• Increase funds to reflect an adjustment in the employershare of the Employees’ Retirement System - $995• Reduce funds to reflect an adjustment to agency premiumsfor Department of Administrative Services administered selfinsurance programs ($34)• Increase funds to reflect an adjustment in merit systemassessments - $221

Grants to Counties for Juvenile Court Judges• Increase funds for the Juvenile Court Judges Grant toCounties to reflect a judicial salary increase - $795,579• Reduce funds to reflect a change in the employer contribu-tion rate for the Judicial Retirement System from $10.48%to 7.71% - ($205,055)

Superior Courts

Council of Superior Court Judges• Increase funds for merit-based pay adjustments, employeerecruitment, or retention initiatives effective July 1, 2017 -$27,896• Increase funds to reflect an adjustment in the employershare of the Employees’ Retirement System - $3,425• Increase funds to reflect an adjustment to agency premi-ums for Department of Administrative Services adminis-tered self insurance programs - $1,539• Increase funds to reflect an adjustment in merit systemassessments - $1,913 • Increase funds for WAN billing by GTA - $7,680

Judicial Administrative Districts• Increase funds for merit-based pay adjustments, employeerecruitment, or retention initiatives effective July 1, 2017 -$45,166• Increase funds to reflect an adjustment in the employershare of the Employees’ Retirement System - $5,545• Increase funds to reflect an adjustment in merit systemassessments - $3,097

Superior Court Judges• Increase funds for five law clerk positions including one inthe Atlantic Circuit - $336,096• Increase funds for the creation of one additional judgeshipin the Northeastern Circuit. January 1, 2018 - $193,903• Increase funds for personnel to annualize the cost of thenew judgeship in the Clayton Circuit created by HB 804(2016 Session) - $185,253• Increase funds to provide an accountability court supple-ment to Superior Court Judges in the Dublin, Tifton, andSouth Georgia circuits - $63,115• Increase funds for Senior Judge assistance for accountabili-ty court judges due to the growth in the number of account-ability courts - $382,268• Eliminate funds for the initial equipment set-up of theWestern Circuit judgeship created in HB 279 (2015 Ses-sion) - ($30,250)• Reduce funds to reflect the adjustment in the employershare in the Judicial Retirement System from 10.48% to7.17% - ($928,929)• Increase funds for merit-based pay adjustments, employeerecruitment, or retention initiatives effective July 1, 2017 -$395,344

BUDGET cont.

• Increase funds to reflect an adjustment in the employershare of the Employees’ Retirement System - $38,923• Increase funds to reflect an adjustment to agency premi-ums for Department of Administrative Services adminis-tered self insurance programs - $49,345• Increase funds to reflect an adjustment in merit systemassessments - $19,448

Supreme Court

• Increase funds for personnel to annualize the cost of oneinformation technology position - $118,310• No change in funds for personnel to annualize the cost ofone procurement and facilities coordinator position.• Increase funds for personnel to annualize the cost of onesenior accountant position - $122,374• Increase funds to annualize the implementation of HB927, the “Appellate Jurisdiction Reform Act of 2016” (2016Session) - $667,292• Increase funds for a salary adjustment of the Georgia StatePatrol trooper assigned to the Supreme Court - $8,784• Eliminate funds for one-time funding for increased securi-ty costs in FY2017 - ($10,969)• Increase funds for merit-based pay adjustments, employeerecruitment, or retention initiatives effective July 1, 2017 -$152,121• Increase funds to reflect an adjustment in the employershare of the Employees’ Retirement System. - $6,455• Increase funds to reflect an adjustment to agency premi-ums for Department of Administrative Services adminis-tered self insurance programs - $2,926• Increase funds to reflect an adjustment in merit systemassessments - $3,590• Increase funds for step increase to L4. (CC:Increase fundsfor personnel for a 2% salary adjustment) - $60,668• Reduce funds to reflect actual mileage expenses. -($28,000).

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COMPENSATION/RETIREMENT

HB 5 – Courts; compensation of juvenile court judges; change provisions

House Author: Rep. Johnnie Caldwell, Jr. (R – Thomaston)Senate Sponsor: Sen. Bill Cowsert (R – Athens)

HB 5 amends Article 2 of Chapter 11 of Title 15 of the O.C.G.A. by increasing the amount of state funding percircuit from $85,000 to $100,000 for compensation ofjuvenile court judges. The bill also increases the amount ofstate funding to circuits with more than four superior courtjudge and for the compensation of part-time juvenile courtjudges. HB 5 also increases the number of days per term anappellate court judge residing more than 50 miles from thestate judicial building may be compensated, from 30 to 35days.


HB 14 – Courts; sheriff to collect and deposit certain fees; provide

House Author: Rep. Jeff Jones (R – Brunswick)Senate Sponsor: Sen. William T. Ligon, Jr. (R – Brunswick)

HB 14 revises Code Section 15-16-21 of the O.C.G.A. by adding that in all counties in Georgia where sheriffs are sal-aried, fees will apply and be remitted to the county treasurer or fiscal officer within 30 days of receipt.

Signed by the Governor: May 1, 2017Effective Date: May 1, 2017

HB 370 – Council of Municipal Court Judges of Georgia; create and administer savings and deferred compensation plans for members; authorizeHouse Author: Rep. Scott Hilton (R – Peachtree Corners)Senate Sponsor: Sen. Ellis Black (R – Valdosta)

HB 370 amends Article 3 of Chapter 32 of Title 36 of the O.C.G.A. by adding Code Section 36-32-41. This newCode Section authorizes the Council of Municipal CourtJudges to create and oversee saving plans and deferredcompensation for members in good standing. The plans areoptional and funded solely by the individual contributionsof the participating members of and cannot create debt orfinancial obligation for the state or municipality.


http://www.legis.ga.gov/legislation/en-US/Display/20172018/HB/5


http://http://www.legis.ga.gov/legislation/en-US/Display/20172018/HB/14

http://http://www.legis.ga.gov/legislation/en-US/Display/20172018/HB/14




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HB 75 – Social services; certain records from disclo-sure; exclude

House Author: Rep. Wendell Willard (R – Sandy Springs) Senate Sponsor: Sen. Jesse Stone (R – Waynesboro)

HB 75 amends Code Section 49-5-41 of the O.C.G.A to allow the redaction of any record of the Department of Human Services or governmental child protective agency that includes information provided by law enforcement or prosecution agencies in any pending investigation or prose-cution of criminal activity contained within the child abuse, neglect, or dependency records.


HB 76 – Superior courts; change certain require-ments and certifications for certain maps, plats, and plans for filing with clerk; provisions

House Author: Rep. Rick Jasperse (R – Jasper) Senate Sponsor: Sen. Jesse Stone (R – Waynesboro)

House Bill 76 amends Title 15 of the O.C.G.A., which changes requirements and certifications for certain maps, plats, and plans being filed in Superior Court. Each map or plat must comply with the minimum standards and spec-ifications adopted in the rules and regulations of the State Board of Registration for Professional Engineers and Land Surveyors, which include providing property information on the piece of property. In addition, the attached image in the filing information box must be no less than a three-inch square and be in compliance with specification stated by the Georgia Superior Court Clerk’s Cooperative Authority. The clerk shall electronically note information, such as the filing date, book, and pages numbers on the image, as well as transmit a copy of the map, plat, or plan with the filing information to the e-mail address of the person filing. The bill also provides a form for surveyor certification.


HB 86 – Domestic relations; definition of sexual abuse; expand

House Author: Rep. Mary Margaret Oliver. (D – Decatur) Senate Sponsor: Sen. Renee Unterman (R – Buford)

HB 86 amends Code Section 19-7-5 of the O.C.G.A. by increasing the scope of offenses for mandatory reporters of child abuse to include suspicion of a child being involved in sex trafficking for the purpose of sexual servitude.

Signed by Governor: May 8, 2017Effective Date: May 8, 2017

HB 88 – Superior courts; qualifications for judges; revise

House Author: Rep. Barry Fleming (R – Harlem)Senate Sponsor: Sen. Jesse Stone (R – Waynesboro)

HB 88 amends Code Section 15-6-1of the O.C.G.A. by re-vising the qualifications for superior court judges to include that such judges shall be members in good standing with with the State Bar of Georgia, and also provides for the vacation of office of any superior court judge upon their suspension or disbarment from the practice of law.


HB 126 – Courts; Judicial Qualifications Commis-sion; change provisions

House Author: Rep. Wendell Willard (R – Sandy Springs) Senate Sponsor: Sen. John F. Kennedy (R – Macon)

HB 126 amends Chapter 1 of Title 15 of the O.C.G.A. relating to the Judicial Qualifications Commission (JQC). Effective July 1, 2017, the membership of the JQC will be increased from seven members to ten. These members will be divided into a seven-member investigative panel and a three-member hearing panel. The investigative panel, is charged with investigating and prosecuting charges, while the hearing panel adjudicates formal charges made by the investigative panel and make disciplinary recommendations to the Supreme Court. The Supreme Court will appoint two judges to the investigative panel along with one judge and one attorney to the hearing panel. The Governor will












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appoint one citizen member to hearing panel and one attorney to the investigative panel. The Speaker of the House and Lt. Governor will each appoint one attorney and one citizens member to the investigative panel . Under HB 126, information related to the incapacity of judges shall remain confidential and information related to disciplinary matters of judges shall remain confidential until formal charges are made by the investigative panel. The final version of HB 126 also includes the language of HB 185 which allow associate probate court judges to engage in practices of law outside of their judicial roles if they are also serving as judge advocate generals or in any other role for any branch of the military.


HB 261 – Penal institutions; certain individuals sentenced between March 18, 1968 and October 31, 1982; allow to petition court for first offender status

House Author: Rep. Bill Werkheiser (R – Glennville) Senate Sponsor: Sen. Blake Tillery (R – Vidalia)

HB 261 amends Code Section 42-8-66 of the O.C.G.A. HB 261 allows an individual, sentenced between March 18, 1968 and October 31, 1982 for less than a year, with the consent of the prosecuting attorney, to petition the superior court in the county in which they were convicted for exon-eration of guilt and discharge pursuant to this article.


HB 279 – Domestic relations; name change requested by victim of family violence; provide separate processHouse Author: Rep. Mandi Ballinger (R – Canton) Senate Sponsor: Sen. Harold Jones II (D – Augusta)

HB 279 amends Chapter 12 of Title 19 of the O.C.G.A., relating to change of name. HB 279 provides a process whereby an individual or an individual on behalf of a child, alleging to be a victim of domestic violence can file for a change of name under seal. If the court determines that said individual is a victim of domestic violence then the court may waive the publication requirements for a name change. However, the court can unseal the petition or order the individual to file a redacted version of the petition for

publication. If an order to seal the name change petition has not been issued within seven days of filing, the petitioner shall now publish a notice once a week for four consecutive weeks in the legal newspaper of the county in which the petition has been filed. If the name change petition is filed on behalf of a child, written consent of a parent shall not be required if an order to seal the petition was issued under these circumstances within seven days of filing.


HB 319 – Habeas corpus; maximum amount coun-ties may be reimbursed for certain costs; increase

House Author: Rep. Bill Werkheiser (R – Glennville) Senate Sponsor: Sen. Blake Tillery (R – Vidalia)

HB 319 amends Article 2 of Chapter 14 of Title 9 of the O.C.G.A. by increasing the maximum yearly reimburse-ment for trial and appellate court costs for each writ ofhabeas corpus sought in superior court by indigent petition-ers from $10,000.00 to $30,000.00. This only applies whenthe writ is denied or when respondent is responsible for thecourt cost.


HB 337 – State Tax Execution Modernization Act; enact

House Author: Rep. Bruce Williamson (R – Monroe) Senate Sponsor: Sen. Michael Williams (R – Cumming)

HB 337 amends Title 11, 15, 44, and 48 of the O.C.G.A. by providing a uniform statewide system for filing notices of state tax executions in the office of the Clerk of Superior Courts. In addition, it allows taxpayers to appeal directly to the Georgia Tax Tribunal.

Signed by the Governor: May 9, 2017Effective Date: January 1, 2018








http://www.legis.ga.gov/Legislation/en-US/InjectSession.aspx?BillType=HB&BillNum=337


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HB 341 – Crimes and offenses; mandatory terms for trafficking individuals for sexual servitude; provisions

House Author: Rep. Bert Reeves (R – Marietta)Senate Sponsor: Sen. Renee Unterman (R – Buford)

HB 341 amends Title 16 and Code Section 17-10– 6.2 of the O.C.G.A. Sex trafficking offenses now include those who patronize or solicit a person who is the victim of sexual servitude. Since sex trafficking a person for sexual servitude is a dangerous sexual offense, violators will be required to register as sex offenders. In addition, pimping and pander-ing is now an offense that requires the offender to serve at least 24 hours of incarceration.

In regard to sentencing and regulations, the punishments for these sexual offenses vary. However, those committed against someone 16 years or younger shall be sentenced to 10-20 years in prison. If the victim is 16 or 17, the sentenceis 5-20 years. Consecutive sentences for sexual offenses hasbeen corrected to state that probation can only be imposedupon the final consecutive sentence. HB 341 also instructsthe Georgia Bureau of Investigations to develop a model forinforming citizens on how to contact the National HumanTrafficking Hotline and the Statewide Georgia Hotline forDomestic Minor Trafficking.


HB 343 – Criminal procedure; certain outdated terminology; replace

House Author: Rep. Scott Hilton (R – Peachtree Corners)Senate Sponsor: Sen. Blake Tillery (R – Vidalia)

HB 343 amends Title 17 of the O.C.G.A. by replacing all instances of the outdated term “mental retardation” with “intellectual disability.” In addition, if a court finds an indi-vidual with an intellectual disability responsible for a crime whose sentence is the death penalty, that person will not be sentenced to the death penalty, but rather life imprison-ment.


HB 406 – Weapons; reciprocity of recognizing and giving effect to licenses to carry from other states; revise requirements

House Author: Rep. Alan Powell (R – Hartwell)Senate Sponsor: Sen. Tyler Harper (R – Ocilla)

HB 406 amends Code Section 16-11-126 of the O.C.G.A. by specifying that Georgia will recognize weapons carry licenses in all other States that recognize Georgia licenses in their State. However, this does not apply to individuals under the age of 21 who have a weapons carry license.

Signed by the Governor: April 5, 2017Effective Date: April 5, 2017

HB 434 – Eminent domain; requirement that con-demnations not be converted to any use other than public use for 20 years; provide exception

House Author: Rep Wendell Willard (R – Sandy Springs) Senate Sponsor: Sen. William T. Ligon, Jr. (R – Brunswick)

HB 434 amends Chapter 1 of Title 22 of the O.C.G.A by adding a new Code section, 22-1-15. It states that any government entity seeking to condemn property for pub-lic use must file a petition in the superior court, seeking a determination as to whether said property is considered blighted property. Information required in the petition are outlined in the bill. The court shall issue an order requiring all interest parties to appear at a time and place named in the order to make their objections known. The hearing shall be no less than 30 days from the date the petition is filed and directions for providing notice of the hearing will be described in the order. If there is allegation of any due or unpaid taxes, a separate notice will be given to the property tax collector or tax commissioner. After hearing all parties responding and desiring to be heard, the court will decide if the property shall be deemed blighted. If the property is deemed to be blighted then the use of the property is restricted to the current approved land use, or in the case of vacant property, the last lawful use of the property, for a period of five years from the date of the order declaring the property to be blighted. The government entity seeking to condemn the property has 60 days from the date of the order declaring a property to be blighted to file an action to condemn the property.











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HB 453 – County law library; board of trustees; add chief judge of magistrate court

House Author: Rep. David Dreyer (D – Atlanta)Senate Sponsor: Sen. Elena Parent (D – Atlanta)

HB 453 amends Chapter 15 of Title 36 of the O.C.G.A. by adding the chief judge of the magistrate court to the Board of Trustees of the county law library in each county.


SB 15 – Crimes and Offenses; weapons carry license; add to the category of former law enforcement officers

Senate Author: Sen. Michael “Doc” Rhett (D – Marietta) House Sponsor: Rep. Bert Reeves (R – Marietta)

SB 15 amends Code Section 16-11-129 of the O.C.G.A, to add former law enforcement officers with ten years of service who left the service as the result of a disability arising in the line of duty to those who may be issued a weapons carry licenses without payment of certain fees.

Signed by the Governor: May 8, 2017Effective Date: July 1,2017

SB 16 – Low THC Oil; definition; provisions relating to conditions eligible for use; change

Senate Author: Sen. Ben Watson (R – Savannah)House Sponsor: Rep. Allen Peake (R – Macon)

SB 16 expands access to medical cannabis by adding the fol-lowing conditions that would be eligible for treatment using low THC oil: severe Tourette’s syndrome, severe autism for individuals under 18, autism for those 18 and older, epi-dermolysis bullosa, severe or end-stage Alzheimer’s disease, severe or end-stage AIDS, and severe or end-stage peripheral neuropathy. The bill also provides for reciprocity for medical cannabis registration cards from other states, so long as the medical cannabis in the person’s possession comports with the laws of Georgia and has not been present in the state for more than 45 days.


SB 87 – Bankruptcy; judgments against exempt prop-erty; provide for the discharge

Senate Author: Sen. Jesse Stone (R – Waynesboro)House Sponsor: Rep. Barry Fleming (R – Harlem)

SB 87 amends Code Section 44-13-100 of the O.C.G.A by adding a new subsection (d). The subsection states that after a debtor who has claimed bankruptcy has paid his debt, he or she can file a motion in civil action to cancel and discharge the judgment on his or her property. The motion will need a certified copy of the discharge, and can then be served to the judgment creditor with a consent order for relief. The court can then decide to cancel or discharge the order, effective the same date of judgment.


SB 95 – Selection of Jurors; state-wide master jury list; change provisions; Georgia Crime Information Center; pardons and paroles; provide conforming cross-references

Senate Author: Sen. Jesse Stone (R – Waynesboro)House Sponsor: Rep. Barry Fleming (R – Harlem)

SB 95 amends Article 3 of Chapter 12 of Title 15 of the O.C.G.A., relating to the statewide master jury list. All jurordata provided to the Council of Superior Court Clerks ofGeorgia, by the Department of Driver Services, the Secre-tary of State, the Department of Public Health, the Depart-ment of Corrections, and the State Board of Pardons andParoles, by shall be required to include a token numericalvalue to serve as a unique secure identifier. Each token valuewould be a representation of an individual’s social securitynumber associated with their driver’s license or personal IDcard number. The Council of Superior Court Clerks shallprovide each agency with the software required to generatethis unique identifier. SB 95 also states that the SupremeCourt may establish by rules the reasonable standards forthe preparation, dissemination, and technological improve-ments of the master jury lists.




http://www.legis.ga.gov/Legislation/en-US/display/20172018/SB/15


http://www.legis.ga.gov/Legislation/en-US/display/20172018/SB/16http://








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SB 104 – Kidnapping, False Imprisonment and Related Offenses; human trafficking hotline model notice in government buildings; require posting

Senate Author: Sen. Donzella James (D – Atlanta)House Sponsor: Rep. Wendell Willard (R – Sandy Springs)

SB 104 amends Title 16 of the O.C.G.A. It requires all gov-ernment buildings to post a sign with a human trafficking hotline model notice and requires every government entity to provide an identified hyperlink on the on their website to the model notice. The legislation also prohibits a person from using any device to film underneath or through an-other individual’s clothing for the purpose of viewing their intimate body parts or the undergarments, as well as making it unlawful to disseminate such a photograph or video. Furthermore, SB 104 adds fentanyl to the list of Schedule I controlled substances in the state of Georgia and increases the punishments for insurance fraud and carjacking.

Signed by the Governor: May 9, 2017Effective Date: Sections VI through VII are effective May 9, 2017. All other sections are effective July 1, 2017

SB 132 – Civil Practice; statutory civil case filing and disposition forms; allow Judicial Council of Geor-gia to promulgate forms; child custody proceedings; provide

Senate Author: Sen. Blake Tillery (R – Vidalia)House Sponsor: Rep. Barry Fleming (R - Harlem)

SB 132 amends Title 9 of the O.C.G.A., relating to civil practice, to remove the civil and domestic case filling forms from statute and provide that the Judicial Council promul-gate such forms, with the approval of the Supreme Court. The bill also amends the duties of the Administrative Office of the Courts to specify that such data and analysis relat-ed to these forms be provided on or before October 1 of each year to relevant judicial and executive agencies, plus the chairpersons of the House and Senate Judiciary Committees. Additionally, SB 132 reassigns the transmission of such data to the Administrative Office of the Courts from the Georgia Courts Automation Commission.

Signed by the Governor: May 9, 2017Effective Date: January 1st, 2018

SB 137 – Child Support Recovery Act; federal Deficit Reduction Act of 2005; require the obligor to pay the full fee

Senate Author: Sen. Greg Kirk (R – Americus)House Sponsor: Sen. Clay Pirkle (R – Ashburn)

SB 137 amends Title 19 of the O.C.G.A relating to the fees payable to the Department of Human Services for the col-lection of child support payments. The bill will assign pay-ment of the full annual maintenance fee for each case to the non-custodial parent in instances when the custodial parent has never received adoption assistance payments or medical assistance payments under the “Social Security Act.” The Department of Human Services may collect the fee through any method available including income withholding.The final version of this bill also includes language from HB 308. The bill updates the language of the statutes by replacing “IV-D agency”, with “child support enforce-ment agency” wherever the term appears in relation to child support enforcement. Other updates include filing of one child support form per child for whom support is being determined, and having income distribution orders state when the withholding will commence and how to con-test the withholding. Total amount of work-related costs related to child support will now be included in the final child support. If such costs are variable, a court or jury may remove them from the support costs calculation and divide the work costs pro rata to be paid in the time specified in the child support order. If a parent or custodian fails to comply with the final child support order, the other par-ent or custodian may enforce payment of the work-related child care costs by any legal means or child support services shall pursue enforcement when the unpaid costs have been reduced to the amount stated in a contract.

Signed by the Governor: May 9, 2017Effective Date: Sections 1-17 and 1-18 of this Act shall become effective on October 1, 2017. All other sections of this Act shall become effective on July 1, 2017.











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SB 168 – Child Abuse; permitted to access child abuse records by department, or county, or other state or local agency; extend; Central Child Abuse Registry; permit access

Senate Author: Sen. Butch Miller (R – Gainesville) House Sponsor: Rep. Katie Dempsey (R – Rome)

SB 168 amends Article 2 of Chapter 5 of Title 49 of the O.C.G.A. to expand the persons and agencies with per-mitted access to child abuse records. The will now includelicensed adoption agencies of this and any other statewhich is placing a child for adoption, local and state lawenforcement agencies, the Department of Corrections, andthe Department of Juvenile Justice when those entities areproviding supervision or services to individuals or families.It also expands those with access to the child abuse registryto include any federal, state, tribal, or local governmentalagency which is investigating a case of possible child abuseor also conducting a background check on potential fosterand adoptive parents.


SB 174 – Georgia Council on Criminal Justice Re-form; reform for individuals supervised under ac-countability courts; provide

Senate Author: Sen. John Kennedy (R – Macon)House Sponsor: Rep. Chuck Efstration (R – Dacula)

SB 174 makes several changes to Georgia’s felony probation laws. These changes are designed to reduce the number of people on long term felony probation and allow probation officers to focus their efforts on high risk offenders. For offenders sentenced to a probated sentence, a behavioral incentive date will be applied to their sentencing order that does not exceed 3 years from the date the sentence is im-posed. Provided a probationer is compliant with his or her probation and meets certain conditions, the Department of Community Supervision (DCS) shall issue an order requesting the court terminate supervision. DCS must also file a petition to terminate supervision for any probationer on probation for a non-violent, qualified offense, provided they have been compliant with their probation for three years. SB 174 requires that conditions of parole and conditions of probation match each other in order. The bill also applies

the provisions on misdemeanor probation fines and fees contained in SB 367 ( 2016) to felony probation. The bill also provides for certification, peer review and technical assistance to veteran’s court divisons.


SB 175 – Juvenile Code; juvenile court proceedings; enact reforms


SB 175 amends Chapter 11 of Title 15 of the O.C.G.A, to give juvenile courts the authority to issue court orders to require parents and legal guardians to engage in various affirmative behaviors such as ensuring school attendance, monitoring a child’s homework and studies, participating in any recommended counseling or treatment sessions, and meeting various other requirements designed to promote a child’s welfare The bill also addresses situations where juveniles are incompetent to proceed in their case and they also represent a danger to public safety if they are not confined by giving juvenile courts the ability to confine a dangerous juvenile in secure facility if the court finds by clear and convincing evidence that the child’s detention is required to reduce the likelihood that he or she may in-flict serious bodily harm to others or because the child has demonstrated a pattern of theft or destruction of property such that detention is required to protect the property of others.











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SB 176 – Georgia Council on Criminal Justice Re-form; driving privileges; enact reforms


SB 176 provides for a new procedure for drivers who fail to appear on a court date issued on a uniform traffic citation. If a driver fails to appear or otherwise resolve the charges on a uniform traffic citation, the court must first notify the driver by first class mail or postcard that they have missed their court date. The driver then has 30 days to dispose of the charges or waive arraignment and plead not guilty. If the driver fails to do so, the court then notifies The Department of Driver Services (DDS) and may issue a bench warrant. The bill gives DDS the authority to reinstate a license suspended for any controlled substance violations contained in Article 1 of Chapter 13 of Title 16. SB 176 also clarifies the status of a person’s license as revoked, rather than suspended. Under the bill’s language, a driver convict-ed of 3 or more offenses of driving under the influence of a controlled substance or marijuana is considered a habitual violator, and their license is revoked. The bill also eliminates the requirements for limited driving permits under O.C.G.A 40-5-75(a)(3). Habitual Violators revoked under this revised code section must still meet the requirements of all other habitual violators to obtain a probationary license after a two-year license revocation.


SB 250 – State Sexual Offender Registry; individual is convicted in another country; require registration

Senate Author: Sen. Jeff Mullis (R – Chickamauga)House Sponsor: Rep. Mandi Ballinger (R – Canton)

SB 250 amends Code Section 42-1-15 of the O.C.G.A. to expand the group of individuals who are prohibited from loitering at any child care facility, school or where minors congregate. This now includes those individuals who are registered, or have been convicted and failed to register, on another state’s sexual offender registry.






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HB 192 – Banks, trust companies, and corporations; responsibilities and standard of care of directors and officers; change provisions

House Author: Rep. Beth Beskin (R - Atlanta)Senate Sponsor: Sen. John F. Kennedy (R - Macon)

HB 192 amends Part 12 of Article 2 of Chapter 1 of Title 7 and Article 8 of Chapter 2 of Title 14 of the O.C.G.A. This bill protects directors and officers from liability from ordinary negligence, as long as they discharge their duties in good faith and with the degree of diligence, care, and skill that an ordinary prudent person would exercise under sim-ilar circumstances. This bill does not apply to cases of gross negligence. In addition, this bill will not alter the burden of proving the fact or lack of fairness otherwise applicable, liability of a director involving an unlawful distribution, conflicting interest transaction, or deprive a director of the protection of the business judgment rule.

Signed by Governor: May 9, 2017Effective Date: July 1, 2017

HB 197 – Fair Business Practices Act; requirements for solicitations of services for obtaining a copy of an instrument conveying real estate; provide

House Author: Rep. Sam Teasley (R - Marietta)Senate Sponsor: Sen. John F. Kennedy (R - Macon)

HB 197 amends Part 2 of Article 15 of Chapter 1 of Title 10 of the O.C.G.A. by adding a new Code section, 10-1-393.15. This section clarifies the term “instrument convey-ing real estate” and states that any person soliciting services to obtain an instrument conveying real estate has to print in 16 point Helvetica font “This is not a bill or official govern-ment document. This is a solicitation” on their solicitation. No other text in the document can be bigger than the quote above. Noncompliance is deceptive and punishable by law.


HB 221 - Commerce and trade; powers of an attor-ney to a uniform Act; update and conform provisions

House Author: Rep. Chuck Efstration (R - Dacula)Senate Sponsor: Sen. John F. Kennedy (R - Macon)

HB 221 amends Chapter 6 of Title 10 of the O.C.G.A. by redefining the responsibilities, identification, and liabilities of a power of attorney or financial power of attorney. It states that the conditional power of attorney shall become effective if the principal is incapacitated under two con-ditions. In addition, HB 221 lists 8 individuals or organi-zational bodies who may petition the court of competent jurisdiction to construe a power of attorney or financial power of attorney. If one of these individuals accepts an acknowledged power of attorney, he or she may request an English translation and an opinion of an attorney. In addi-tion, Article 2 describes the full range of general authorities, as well as those actions that require the specific granting of authority for real property, tangible personal property stocks, bonds, commodities, banking, business operations, insurance and annuities, estates and trusts, claims and litigation, and personal and family maintenance. Article 3 provides the statutory forms which must be used for banks or other institutions to comply with those forms.


HB 231 – Controlled substances; Schedules I, II, IV and V; change certain provisions

House Author: Rep. Bruce Broadrick (R - Dalton)Senate Sponsor: Sen. Chuck Hufstetler (R - Rome)

HB 23, the annual controlled substance update, amends Chapter 13 of Title 16 of the O.C.G.A., relating to controlled substances, by adding RR 3, 4-di-chloro-N[(dimethylamino)cyclohexylmethyl]benzamide to Schedule I controlled substances. Sections CC, EE, JJ, KK, LL, MM, NN, and RR have been changed to reserved and FFF, EEEE, and FFFF have been added, detailing the composition of Schedule I substances. Section 4 details exceptions and chemical substitutions. Sections 5 – 11 add specific illegal drug compositions related to various levels of scheduled drugs. In general, the bill updates code to capture new synthetics.












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HB 249 – Controlled substances; collect more infor-mation regarding dispensing and use; provisions

House Author: Rep. Kevin Tanner (R - Dawsonville) Senate Sponsor: Sen. Renee Unterman (R - Buford)

HB 249 amends Part 2 of Article 2 of Chapter 13 of Title 16 of the O.C.G.A. by setting new guidelines for the dis-pensing of Schedule II, III, IV, or V controlled substances. In addition, it details who is allowed to request and view pa-tient information that can later be collected by dispensaries or prescribers. Prescribers with a DEA registration number may enroll for a prescription drug monitoring program da-tabase by January 1, 2018. No more than two licensed and verified staff members per shift or rotation may have access to this database. In addition unless under specific exemp-tions, after July 1, 2018 prescribers of controlled substances or benzodiazepines must review the PDMP information with the initial prescription and every 90 days after. Failure to do this is punishable by civil or criminal liability.In addition, HB 249 adds a pharmacist from the State Board of Pharmacy and a representative from the Depart-ment of Public Health to the Electronic Database Review Advisory Committee. In conjunction with SB 121, HB 249 also allows minimum strength Naloxone to be sold over the counter without a prescription. HB 249 requires incidences of neonatal abstinence to be reported to the President of the Senate, the Speaker of the House of Representatives, the chairperson of the House Committee on Health and Hu-man Services, and the chairperson of the Senate Health and Human Services Committee in order to understand how best to reduce the number of cases of neonatal abstinence syndrome.


HB 250 – Foster homes; employee with satisfactory fingerprint records check in past 24 months exempt from additional background check; provide

House Author: Rep. Mandi Ballinger (R – Canton)Senate Sponsor: Sen. Butch Miller (R – Gainesville)

HB 250 amends Article 5 of Chapter 5 of Title 49 of the O.C.G.A. by adding a new Code section, 49-5-115. Inlieu of any required or department regulated backgroundscreening and fingerprint check, any department, employing

an individual to provide short-term care for a child in the custody of the department, is allowed to accept a letter from the Department of Early Care and Learning stating that the individual has satisfactorily passed a fingerprint and back-ground check in the last 12 months pursuant to Article 2 of Chapter 1A of Title 20.


HB 268 – Elections; time period for certification of election officials; provide

House Author: Rep. Barry Fleming (R - Harlem)Senate Sponsor: Sen. Dean Burke (R - Bainbridge)

HB 268 amends Chapter 2 of Title 21 of the O.C.G.A. It requires elected poll officials to receive certification, ap-proved by the Secretary of State, at least 6 months prior to their appointment. If an individual is running for the US House of Representatives or state office, he or she must file a notice of candidacy between 9:00 am on the Monday of the thirty-fifth week prior to the election and ending at 12:00 noon on the Friday of that week. This does not apply to special elections. In addition, individuals holding a Bureau of Indian Affairs card tribal treaty card or tribal enrollment card may use it to voter identification purposes. Otherwise, individu-als registering to vote must provide a Georgia driver’s license number or identification card number. If they have neither they must provide the last four digits of their social security number. If there are discrepancies between the individual’s name and identification, the applicant will be notified and given a provisional ballot that will county only after veri-fication, given that such a vote is within 26 months of the application. On and after January 1, 2018, the superintendent of elections cannot move the voting precinct within 90 days of a primary election. If it is more than 90 days, he or she must submit a report to the State Election Board proving that there are no suitable facilities within the boundaries of the precinct. In addition, he or she can correct mistakes on the ballot if he or she gives the Secretary of State and the affected candidates a 24 hour notice prior to correcting the issue. In addition, the bill allows poll managers to manage the flow of persons within a polling place. Signed by Governor: May 9, 2017Effective Date: July 1, 2017








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HB 280 – Firearms; license holders; carrying and possession of certain weapons in certain buildings or real property owned or leased to public institutions of postsecondary education; authorize

House Author: Rep. Mandi Ballinger (R – Canton)Senate Sponsor: Sen. Bill Heath (R – Bremen)

HB 280 amends Part 3 of Article 4 of Chapter 11 of Title 16 of the O.C.G.A. to allow licensed holders to keep their weapon on their person while in or on any building or real property owned by or leased to any technical school, vocational school, college, university, or other institution of postsecondary education. This exception, however, does not apply to buildings or property used for athletic sport-ing events or student housing, which includes fraternity and sorority houses, rooms or spaces being used for classes in which high school students are enrolled through dual enrollment programs, and faculty, staff, or administrative offices. Pre-school or childcare spaces would also be pre-cluded from the exception.


HB 292 – Firearms; laws relating to the carrying of weapons and safety; revise and clarify

House Author: Rep. Rick Jasperse (R – Jasper)Senate Sponsor: Sen. Tyler Harper (R – Ocilla)

HB 292, also known as the “Georgia Firearms Industry Nondiscrimination Act”, amends Article 15 of Chapter 1 of Title 10 of the O.C.G.A., by prohibiting any person, unless otherwise precluded by law or regulation, to refuse to provide, continue to provide, terminate or discriminate in the provision of financial services of any kind against a person or trade association because the person or association is engaged in the lawful commerce of firearms or ammu-nition products. The bill also amends the definition of a knife from having a length of five inches to a blade longer than 12 inches and allows new Georgia residents who do not have a carry license issued by this state, but do have one in a state that recognizes Georgia licenses, to carry a weap-on for up to 90 days before having to submit an applica-tion for a Georgia carry license The bill further amends that persons with a weapons carry license are not required to keep such license on their person when they are engaged in

legal hunting, fishing, or sport shooting on recreational or wildlife management areas owned by the state. HB 292 also allows probate judges receiving applications for permits to issue printed information on firearms safety courses, allows cleans up language regarding inquiries from superior and state courts as to whether a person holds a weapons carry licenses, and provides for issuance of a weapons carry license when someone has had a legal name change. The bill also allows courts to create a comprehensive safety plan which can require people who carry weapons to leave them with law enforcement officers when entering a restricted area. Notwithstanding restrictions from a safety plan, the bill provides that active law enforcement, in uniform and displaying thier official badge, to carry their service weapon into the courthouse. HB 292 also provides immunity from civil liability for an instructor who lawfully instructs, educates, or trains a person in the safe, proper, or technical use of a firearm for any injuries caused by the failure of such person to use such firearm properly or lawfully. Finally the bill clarifies the definitions for commer-cial service airport and major airline carrier as they apply to those who carry a weapon into a commercial airport.

Signed by the Governor: May 9, 2017 Effective Date: May 9, 2017

HB 303 – State Commission on Family Violence; terms and qualifications of members; change provi-sions

House Author: Rep. Mandi Ballinger (R – Canton) Senate Sponsor: Sen. Elena Parent (D – Atlanta)

HB 303 amends Article 3 of Chapter 13 of Title 19 of the O.C.G.A., to increase the term of office for members of theState Commission on Family Violence from two to threeyears and changes terminology referenced in the Code from“battered women” to “victims of family violence.”











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HB 323 – Code Revision Commission; revise, mod-ernize, correct errors or omissions of said Code

House Author: Rep. Johnnie Caldwell, Jr. (R - Thomaston) Senate Sponsor: Sen. Jesse Stone (R - Waynesboro)

HB 323 amends obsolete portions of Code Sections found in the O.C.G.A. by updating language, grammar, omissions, and other errors in statute.

Signed by the Governor: May 9, 2017Effective Date: May 9, 2017 for all sections unless other-wise noted. Amendment to paragraph (a)(2) of Code Section 40-5-64 made by paragraph (10) of Section 40 of this Actshall become effective on July 1, 2017; (2) The amendmentto subsection (a) of Code Section 40-5-66 made by para-graph (11) of Section 40 of this Act shall become effectiveon July 1, 2017; and (3) The amendment to subsection (c)of Code Section 49-5-4.1 made by paragraph (2) of Section49 of this Act shall become effective on the earlier of March1, 2017, or the effective date of this Act in subsection (a) ofthis section.

HB 391 – Safe Place for Newborns Act of 2002; revise provisions

House Author: Rep. David Clark (R - Buford)Senate Sponsor: Sen. Brandon Beach (R - Alpharetta)

HB 391 amends Title 19 of the O.C.G.A. by adding fire stations and police stations to the list of safe places to leave a newborn baby. The baby cannot be older than 30 days or younger than one week. In addition, the mother now has the option to provide proof of identity or provide her name and address.


HB 452 – Georgia Bureau of Investigation; publicly post certain information to extent permitted by feder-al law; require

House Author: Rep. Jesse Petrea (R – Savannah)Senate Sponsor: Sen. Hunter Hill (R – Atlanta)

HB 452 amends Title 16 of the O.C.G.A. to require the Georgia Bureau of Investigation to post on its public website the information of persons who are aliens and who have been released from federal custody within the boundaries of this state. The bill also establishes the offense of domestic ter-rorism, which would be defined as any felony offense or attempt to commit a felony intended to cause serious bodily harm, kill any individual or group of individuals, or disable or destroy critical infrastructure, a state or government fa-cility, or a public transportation system when such disability or destruction results in major economic loss. The intention of such action must be to intimidate the civilian population of this state, alter, change, or coerce the policy of the state government, or affect the conduct of the state government through use of destructive devices, assassination, or kidnap-ping. The punishment for domestic terrorism where a death occurs shall be death or imprisonment for life. For domestic terrorism where a kidnapping occurs, the punishment shall be imprisonment for no less than 15 nor more than 35 years or imprisonment for life, and where serious bodily harm occurs, the punishment shall be imprisonment for no less than 15 nor more than 35 years. The legislation also up-dates the definitions of biological and bacterial weapons and mandates the Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center to establish guidelines and procedures for the purpose of iden-tifying and combating domestic terrorism.








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SB 104 – Kidnapping, False Imprisonment and Relat-ed Offenses; human trafficking hotline model notice in government buildings; require posting

Senate Author: Sen. Donzella James (D – Atlanta)House Sponsor: Rep. Wendell Willard (R – Sandy Springs)

SB 104 amends Title 16 of the O.C.G.A to require all gov-ernment buildings to post a sign with a human trafficking hotline model notice and also requires every government entity to provide an identified hyperlink on its website to the model notice. The legislation also prohibits a per-son from using any device to film underneath or through another individual’s clothing for the purpose of viewing their intimate body parts or the undergarments worn by the individual as well as making it unlawful to disseminate such a photograph or video. Furthermore, SB 104 adds fentanyl to the list of Schedule I controlled substances in the state of Georgia and increases the punishments for insurance fraud and carjacking.

Signed by the Governor: May 8, 2017Effective Date: May 8th, 2017 for Parts VI through VIII July 1, 2017 for all other parts.

SB 121 –”Jeffrey Dallas Gay, Jr., Act”

Senate Author: Sen. Butch Miller (R – Gainesville) House Sponsor: Rep. Trey Rhodes (R – Greensboro)

SB 121 amends Article 3 of Chapter 13 of Title 16, Code Section 26-4-116.2, and Article 1 of 2 Chapter 1 of Title 31 of the O.C.G.A. It allows for the opioid antagonist Nalox-one, with a minimum strength, to be sold over the counter without a prescription. The state health officer is allowed to issue a standing order to prescribe opioid antagonists on a statewide basis and every pharmacist in the state is required to retain a copy of said order.

Signed by the Governor: April 18, 2017 Effective Date: April 18, 2017

SB 126 – State Tort Claims; venue of actions; provi-sions; change

Senate Author: Sen. John Kennedy (R – Macon)House Sponsor: Rep. Trey Kelley (R – Cedartown)

SB 126 amends Article 2 of Chapter 21 of Title 50 of the O.C.G.A. It requires tort actions against the state to bebrought in the state or superior court of the county wherethe tort that gave rise to the loss occurred. Wrongful deathactions may be brought in the county where the tort givingrise to the loss occurred or the county where the decedentdied.





http://www.legis.ga.gov/legislation/en-US/Display/20172018/SB/121



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HB 138 – Superior courts; fifth judge of the North-eastern Judicial Circuit; provide

House Author: Rep. Lee Hawkins (R – Gainesville)Senate Sponsor: Sen. Butch Miller (R – Gainesville)

HB 138 amends Code Section 15-6-2 of the O.C.G.A. by increasing the number of superior court judges for the Northeastern Judicial Circuit from four to five. The addi-tional judge shall be appointed by the Governor and serve until December 31, 2020. The additional judge has all the same powers and privileges as present judges. Succeeding judges will be elected every four years as is described by law and take office on the first day of January following the election.


HB 169 – Charlton County; probate judge; provide nonpartisan elections

House Author: Rep. John Corbett (R – Lake Park)

HB 169 amends Code Section 21-2-139 of the O.C.G.A. It establishes that all elections for the office of probate court judge of Charlton County conducted after the effective date of this Act will be non-partisan.


HB 355 – Cobb County; Probate Court; change compensation of chief deputy, assistant chief deputy and executive assistant

House Author: Rep. John Carson (R – Marietta)

HB 355 amends the local salaries of some of the mem-bers of the Cobb County Court. The Cobb County chief deputy, who has the same qualification requirements as the sheriff, will now make $138,839.13 annually. He or she can appoint additional deputy positions, not to be paid less than $4,880 per annum. The assistant chief deputy, who is appointed by the sheriff, will make $125,976.83 annually. The executive assistant, who is also appointed by the sheriff, will make $75,692.46.

Signed by the Governor: May 2, 2017 Effective Date: May 2, 2017

HB 404 – Rockdale Judicial Circuit; court reporters; make certain provisions

House Author: Rep. Vernon Jones (D – Lithonia)

HB 404 amends Code Section 15-5-21 of the O.C.G.A., relating to the Rockdale Judicial Circuit, by adding a new section that authorizes the superior court judges to appoint court reporters as provided by law. The court reporters shall receive an annual salary of $19,161.92 each.

Signed by the Governor: May 2, 2017Effective Date: June 1, 2017

HB 407 – Cobb County; Probate Court; change salary of superior court clerk, deputy clerk, executive assistant and executive secretary

House Author: Rep. John Carson (R – Marietta)

HB 407 amends Code Section 15-6-88 of the OCGA relat-ing to the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County, by providing the clerk of the superior court with a supplement equal to one-half of the annual supplement of a judge of the Superior Court. The deputy clerk shall receive $107,418.99; the executive secretary shall receive $61,040.25; the executive assistant shall receive $66,126.94.


HB 420 – Cobb County; Probate Court; change compensation of judge and clerk

House Author: Rep. Stacey Evans (D – Smyrna)

HB 420 amends current legislation by changing the com-pensation of the judge of the Probate Court of Cobb Coun-ty. The judge of Probate Court will now receive an annual salary equal to 85 percent of the judge of the Superior Court plus 85 percent of any supplement amount. The clerk of the probate court will be paid $93,872.78 annually plus any applicable cost-of-living-increases or merit increases.




http://www.legis.ga.gov/legislation/en-US/Display/20172018/HB/169http://

http://www.legis.ga.gov/legislation/en-US/Display/20172018/HB/169http://











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HB 424 – Cobb County; State Court; change compensation of judges

House Author: Rep. Bert Reeves (R – Marietta)

HB 424 amends current legislation by increasing the salary of the Division 1 judges on the State Court of Cobb County from $171,651.18 to $181,950.72 annually. In addition, the chief judge will receive an additional $9,216.67 annually.


HB 457 – Brooks County; Magistrate Court chief judge; provide nonpartisan elections

House Author: Rep. Amy Carter (R – Valdosta)

HB 457 amends Code Section 21-2-139 and Chapter 2 of Title 21 of the O.C.G.A. It states that elections for the office of chief judge of the Magistrate Court of Brooks County conducted after the effective date shall be held as nonpartisan elections during the nonpartisan general election preceding the expiration of each term of office. The chief judge shall not be affected on the effective date of the Act, and the sitting chief judge shall serve out the term of office and shall be eligible to succeed himself or herself.


HB 540 – Cobb County; State Court; change salaries of certain staff of solicitor-general


HB 540 amends an act creating the State Court of Cobb County by revising subsection (d) of Section 27 by allow-ing the solicitor-general to appoint two assistant solicitors for each judge of Division I and Division II and the same number of additional assistant solicitors as the number of full-time magistrates of the Magistrate Court, plus four ad-

ditional assistant solicitors. Appointments of these positions is effective upon the appropriation of funds. The salary of assistant solicitors is determined by the solicitor-general. The salary of the chief assistant solicitor is between $76,632.00 and $128,262.00. The salary for deputy assistant solicitor is between $63,036.00 and $104,074.00. The salary of the assistant solicitors is between $49,337.00 $86,539.00. The salary of the intake assistant solicitors is between $49,337.00 and $81,158.00. Assistant solicitors cannot be employed in private practice while serving.


HB 553 – Cobb County; State Court; change salary of chief deputy clerk and clerk; provisions


HB 553 amends an act creating the State Court of Cobb County by adding a new subsection to Section 17 that sets the salary of the chief deputy clerk at $107,419.30; sets the salary for the clerk of the state court at $119,354.43; pro-vides for an executive assistant for the clerk of the state court and sets the salary at $62,159.19


HB 561 – Springfield, City of; provide for corporate boundaries; provisions

House Author: Rep. Jon Burns (R – Newington)

HB 561 provides a new charter for the City of Springfield. Section 11 grants the municipal court jurisdiction of the geographic area and authorizes the abatement of nuisances and prosecution of traffic violations. Section 12 amends Section 4.5 by stating the right of certiorari decisions and judgments from the municipal courts shall exist in all crim-inal cases and ordinances under the sanction of the Supe-rior Court of Effingham County. These laws are subject to appellate review.


http://www.legis.ga.gov/Legislation/en-US/display/20172018/HB/424http://

http://www.legis.ga.gov/Legislation/en-US/display/20172018/HB/424http://









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HB 566 – Decatur County; Magistrate Court; im-pose and collect county law library fees

House Author: Rep. Darlene Taylor (R – Thomasville)

HB 566 authorizes the chief magistrate of the Magistrate Court of Decatur County to impose and collect a county law library fee as part of the court cost for cases in that court. The provisions of Chapter 15 of Title 36 of the O.C.G.A. will apply to and govern the court on how tocollect the taxes. The act will become effective 30 days afterbecoming law.

Signed by the Governor: May 3, 2017Effective Date: June 3, 2017

HB 572 – Chatham County; Recorder’s Court; revise responsibilities of chief judge; provisions

House Author: Rep. Ron Stephens (R – Savannah)

HB 572 amends the laws for The Recorder’s Court of Chatham County by creating a chief judge. The chief judge will act as head of the court, consult with the court admin-istrator in preparation of an annual budget, and advise and consult with the city manager. The chief judge should not have the authority for the cases or caseload. He or she will be chosen by majority vote of all seated judges of the Re-corder’s Court. The court administrator should be respon-sible for hiring, supervising, investigations, the day to day operations of the court, managing dockets, and consulting with city managers and seated judges.


HB 573 – Cook County; Probate Court; judge shall have jurisdiction to try misdemeanor cases where defendant waives jury trial and pleads guilty; provide

House Author: Rep. Penny Houston (R – Nashville)

HB 573 provides the judge of the Probate Court of Cook County jurisdiction to try misdemeanor cases when the defendant waives a jury trial by pleading guilty, pursuant to Chapter 10 of Title 15 of the O.C.G.A. or other applicable laws.


HB 603 – Fulton County; State Court; modify compensation of judges

House Author: Rep. Wendell Willard (R – Sandy Springs)

HB 603 amends an act to provide for the compensation of State Court, Juvenile Court and Probate Court Judges of Fulton County by setting the annual salary of Juvenile Court and Probate Court judges equal to 90 percent of the total state salary plus the county supplement of Superior Court judges, and the salary of State Court judges equal to 95 percent of the total state salary plus the county supple-ment of Superior Court judges.















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PUBLIC SAFETY & TRAFFIC

SB 149 – School Resource Officers; training require-ments; provide

Senate Author: Sen. Emanuel Jones (D – Decatur)House Sponsor: Rep. Alan Powell (R – Hartwell)

SB 149 amends Chapter 8 of Title 35 of the O.C.G.A. It requires the Georgia Peace Officer Standards and Training Council (POST) to provide a 40 hour training course for school resource officers with minimum requirements in-cluding assignments to an elementary or secondary school, search and seizure procedures in elementary and secondary schools, criminal offenses, gang awareness, drug awareness, interviews and interrogations, emergency preparedness, and interpersonal interactions with adolescents. The bill also requires that municipal probation officers who wish to have arrest powers over those they are supervising be POST cer-tified and also includes language prohibiting an individual from providing tobacco products without the consent of the jailer inside or outside the prison.


SB 160 – “Back the Badge Act of 2017”

Senate Author: Sen. Tyler Harper (R – Ocilla)House Sponsor: Rep. Bert Reeves (R – Marietta)

SB 160 amends Chapter 11 of Title 15, Title 16, and Code Section 45-9-85 of the O.C.G.A., to provide for increased punishment when certain crimes are committed against public safety officers. The bill defines “public safety officer” to include peace officers, correctional officers, emergency health workers, firefighters, highway emergency response operators, and certain officers of the court. It broadens the offenses of aggravated assault on a public safety officer, where the punishment for assault would be incarceration for 10 to 20 years with a mandatory minimum of 10 years if the felony involved the discharge of a firearm, However, if the felony does not involve the discharge of a firearm, the term of incarceration would be from five to 20 years with a mandatory minimum of five years that cannot be suspended, probated, deferred or otherwise reduced. SB 160 also establishes that when a person commits the offense of aggravated battery on a public safety officer while that offi-cer is engaged in his or her official duties, the punishment is a felony with a term of imprisonment from 10 to 20 years with a mandatory minimum of three years. The bill also creates a felony obstruction crime where a person knowingly and willfully obstructs by throwing, tossing, projecting, or expelling human or animal urine, feces, vomitus, or seminal fluid on a law enforcement offi-cer, prison guard, jailer, and others when an officer is in the discharge of his or her official duties. The punishment is a felony with a term of imprisonment of not less than one nor more than five years. The bill also places juveniles between the ages of 13 to 17 who commit one of the aforementioned crimes into the Superior Court to be tried as adults.Signed by the Governor: May 9, 2017Effective Date: July 1, 2017




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VETOED BY THE GOVERNORhttps://gov.georgia.gov/

(To view a complete list of the bills vetoed by Gover-nor Deal, please click here.)

HB 359 – Supporting and Strengthening Families Act; enact

House Author: Rep. Barry Fleming (R – Harlem) Senate Sponsor: Sen. Renee Unterman (R – Buford)

HB 359 amends Title 19 of the O.C.G.A. by repealing Article 4 of Chapter 9 and replacing it with a new ar-ticle, The Supporting and Strengthening Families Act. This Act allows parents to delegate caregiving authority to qualified persons without compensation for up to one year. Those individuals include: individual who reside in Georgia and are the great-grandparent, grand-parent, step-parent, former step-parent, step-grandpar-ent, aunt, uncle, great aunt, great uncle, cousin, sibling of the child, an agent of an licensed child placing agen-cy, or a nonprofit focused on child or family services in good standing with the Internal Revenue Service (IRS). In addition, these individuals may never have been on a child abuse or child sexual offender registry in any state. The power of attorney must be signed under oath before a notary public. A copy of the power of attor-ney must be filed with the probate court of the county where the parents reside. This power of attorney will not delegate caregiving authority to more than one child, unless they are siblings or stepsiblings. The power of attorney shall not constitute abandonment, child abuse, or neglect, unless the person executing the power fails to take custody back at the end of its dura-tion. This act does not include powers in special cases such as marriage or adoption of the child, abortion, or termination of parental rights. The power of attorney does not need to be done through a court order, and it cannot limit existing child support. In addition, those granted authority must follow requirements in terms of school enrollment and emergency medical treatment. If temporary authority is granted, there is a require-ment of notice by the person who has custody of the child to the noncustodial parent, and the non-custodial parent’s right to object are addressed. Special exten-

sions on the one year time limit will apply to particular members: grandparents may have unlimited time and members of the U.S. armed may have extended time up to thirty days after their term of deployment.

Vetoed by the Governor: May 9, 2017

Governor’s Veto Statement: “House Bill 359, while well-intentioned, creates a parallel and unchecked system to our Department of Family and Children Services (DFCS), unintentionally placing children at risk. The Power of Attorney created by HB 359 allows parents and “agents” to go around the well-established confines of legal adoption and/or our child welfare system, granting a power of attorney for a child to an individual, or even a non-profit corporation, with no oversight. The state has dedicated significant resourc-es to DFCS during my time as Governor in order to improve the safety and outcomes of children in foster care. The state should consider all options that help in streamlining the process for a child to be adopted, or placed in a loving home or improved foster care envi-ronment; however, creating a parallel system in which DFCS has no oversight runs contrary to the progress the state has made in strengthening our child welfare system. In light of the fact that a comprehensive rewrite of the adoption code failed to pass this year, I encourage the Leadership of both chambers, supporters of this legislation, and the child welfare advocacy commu-nity to work together over the next year in crafting legislation that continues to strengthen our existing system and streamlines the processes of adoption so that children may reach permanency more quickly. I believe a comprehensive foster care/adoption reform legislative package is in Georgia’s best interests in 2018. For the foregoing reasons, I hereby VETO HB 359.”

https://gov.georgia.gov/press-releases/2017-05-09/deal-issues-2017-veto-statements


https://gov.georgia.gov/

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VETOED BY THE GOVERNOR cont.

SB 125 – Physician Assistants; authority to prescribe hydrocodone compound products; authorize a physi-cian to delegate to a physician assistant

Senate Author: Sen. Rick Jeffares (R – McDonough) House Sponsor: Rep. Trey Kelley (R – Cedartown)

SB 125 allows a physician to delegate ,to a physician assistant, the authority to issue a single, non- refillable prescription for a hyrdocodone compound product provided the the order doesn't exceed a five day supply of the product. Any physician assistant delegated this authority must complete three hours of continuing education every two years.

Vetoed by the Governor: May 9, 2017

Governor’s Veto Statement: "Senate Bill 125 authorizes physicians to delegate their authority to prescribe hy-drocodone compound products to physician assistants. This language would add several thousand prescribers to our healthcare system and, as a result, create the potential for hundreds of thousands more opioid pre-scriptions to be issued. Like many other states, Georgia is currently in the grips of an opioid abuse epidemic and this change is incongruent with the state’s efforts to quell that problem. For the foregoing reasons, I hereby VETO SB 125."




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2017 STUDY COMMITTEES

HR 240 – Joint Study Committee on Reforming HIV Related Criminal Laws; createSponsor: Rep. Sharon Cooper (R – Marietta)

HR 282 – House Study Committee on Distracted Driving; createSponsor: Rep. John Carson (R – Marietta)

HR 629 – House Study Committee on the Utilization and Modernization of the State Capitol and Other Build-ings; createSponsor: Rep. Matt Hatchett (R – Dublin)

SR 130 – Joint Transparency and Open Access in Government Study Committee; createSponsor: Sen. Chuck Hufstetler (R – Rome)

SR 414 – Senate Study Committee on the Utilization and Modernization of the State Capitol and Other Build-ings; createSponsor: Sen. Jeff Mullis (R – Chickamauga)

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http://www.legis.ga.gov/legislation/en-US/Display/20172018/HR/240




http://www.legis.ga.gov/legislation/en-US/Display/20172018/SR/130



STAFF CONTACTS

Tracy Mason – Asst. Director, Governmental & Trial Court Liaison – [email protected]

Tyler Mashburn, Esq. – Legislative Liaison – [email protected]

Robert Aycock – Trial Court Liaison – [email protected]

LaShawn Murphy – Trial Court Liaison – [email protected]

James Rodatus, Esq. – Policy Analyst – [email protected]

Cynthia H. Clanton, Director

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