Child Advocacy News Center
Georgia Capitol Update

Last week , the Georgia General Assembly was in session for Legislative Days 33 through 35. Highlights include:

  • Senate Bill 167 passed the House of Representatives by a unanimous vote on March 21. The bill had been amended by the House Juvenile Justice Committee to strengthen DFCS's duty to identify and engage relatives early in dependency proceedings. It also creates a presumption that, after a child has been in a stable environment for more than 12 months, it is in the child's best interest to remain in that environment. SB 167 will go to the Governor for his signature if the House and Senate can agree to a final version of the bill.
  • The Senate Appropriations Committee passed the Fiscal Year 2020 budget on March 21. Passing the budget for the state is the only action required of the General Assembly by the Georgia Constitution. The full Senate will likely pass its version of the budget this week then it will be assigned to a conference committee to create a final version for both the House and Senate to agree to. This process must be completed before midnight next Tuesday, April 2, the last day of the legislative session.

This week , the General Assembly will convene Monday, Tuesday, Thursday, and Friday, for Legislative Days 36 through 39. Wednesday is designated a "committee working day." Several committees will be meeting this afternoon to consider bills of interest to child advocates:

  • HB 12, requiring schools to post the child abuse hotline where students can see it, will be heard by the Senate Education & Youth Committee at 2pm in Room 307 of the Coverdell Legislative Office Building.
  • SB 15, requiring schools to conduct threat assessments and requiring data-sharing among the Dept. of Education, the Georgia Bureau of Investigation, and the Georgia Emergency Management and Homeland Security Agency, will be heard by the House Education Subcommittee on Academic Support at 1pm in Room 406 of the Coverdell Legislative Office Building.

Both the House of Representatives and the Senate will likely have long floor sessions all week, as we approach the final day of the legislative session, Sine Die, next Tuesday, April 2. As a reminder, any bill that has not been passed by both chambers by that deadline cannot become law this year . When the House and Senate pass different versions of the same bill, one chamber can agree to the changes made by the other. If both chambers insist on their own versions, the differences must be resolved in conference committee, made up of three representatives appointed by the Speaker and three senators appointed by the Lieutenant Governor. The conference committee will decide on the final version of the bill, to which both the House of Representatives and the Senate must agree if the bill is to be sent to the Governor for his signature.

Please no te that information on meetings and the legislative schedule is current as of Monday, March 25, 2019. Hearing times change frequently during the session, so please check the Georgia General Assembly website for any changes.

Bills of Interest to Child Advocates
HB 12 was introduced by Rep. Rick Williams (R-Milledgeville) on January 30, 2019. The bill amends Part 15 of Article 6 of Chapter 2 of the Education Code, to require public schools to post the child abuse hotline in a visible location accessible to students. HB 12 passed the House of Representatives on March 5. The bill is assigned to the Senate Education and Youth Committee and is scheduled for hearing this afternoon at 2pm in Room 307 of the Coverdell Legislative Office Building . 

HB 64 was introduced by Rep. Brian Prince (D-Augusta) on January 28, 2019. The bill, referred to as the “Protecting Military Children Act,” amends O.C.G.A. § 19-7-5, relating to the reporting of child abuse, to require DFCS to notify military authorities when a parent or guardian of a child named in a child abuse report is on active duty in the U.S. armed forces. HB 64 passed the Senate Judiciary Committee on March 14. The bill will be voted on by the full Senate during today's floor session beginning at 10am.

HB 79 was introduced by Rep. Carl Gilliard (D-Garden City) on January 29, 2019. The bill amends O.C.G.A. § 30-4-5, relating to rights of persons with disabilities, to prohibit courts, child-placing agencies, and DHS from denying child custody or visitation to a person solely because the person is blind. HB 79 passed the House of Representatives on March 5. The bill is assigned to the Senate Judiciary Committee .

HB 197 was introduced by Rep. Katie Dempsey (R-Rome) on February 7, 2019. The bill amends Article 4 of Chapter 12 of Title 45, relating to the Office of Planning and Budget, to establish the Georgia Data Analytic Center to receive publicly supported program, fiscal, and health data from state agencies and departments, maintain and transmit the data in a way that prevents disclosure of individually identifiable information, and analyze the data to provide effective and efficient policy management for the state. HB 197 passed the Senate on March 22. The bill is now awaiting the Governor's signature .

HB 228 was introduced by Rep. Andy Welch (R-McDonough) on February 11, 2019. The bill amends Chapter 3 of the Domestic Relations Code, to raise the minimum age of marriage from 16 to 17, to impose a four-year limitation on the age difference between a minor and his or her spouse, and to require a minor to be emancipated and to complete premarital education before marrying. The bill also amends Article 10 of Chapter 11 of Title 15, relating to emancipation, to require juvenile courts to appoint counsel for minors petitioning for emancipation and to establish specific criteria for minors for petitioning for emancipation in order to get married. A substitute version of HB 228 passed Senate Judiciary Committee on March 20. The bill is now eligible for consideration by the full Senate.

HB 234 was introduced by Rep. Chuck Efstration (R-Dacula) on February 8, 2019. The bill, referred to as the “Anti-Human Trafficking Protective Response Act,” amends Titles 9, 15, 16, 17, and 41 of the Georgia Code, relating to civil practice courts, crimes and offenses, criminal procedure, and nuisances. It authorizes DFCS to provide emergency care for children who are trafficking victims and requires referral of such children to certified victim services. It amends the offense of trafficking for sexual servitude, redefines prostitution to include only acts committed by persons 18 years of age or older, and eliminates the offense of pandering by compulsion. Finally, the bill adds using a place for the purpose of labor or sex trafficking to the list of activities that constitute maintaining a nuisance, and provides a defense to nuisance if the owner cooperates with law enforcement in investigating sexually related charges. A substitute version of HB 234 passed the House of Representatives on March 4. The bill is assigned to the Senate Judiciary Committee and received a hearing on March 18 but was not voted on by the committee.

HB 281 was introduced by Rep. Teri Anulewicz (D-Smyrna) on February 12, 2019. The bill amends O.C.G.A. § 16-6-13, to provide for increased penalties for second and subsequent offenses of pimping and pandering. HB 281 passed the Senate Judiciary Committee on March 18. The bill is now eligible for consideration by the full Senate.

HB 424 was introduced by Rep. Deborah Silcox (R-Sandy Springs) on February 21, 2019. The bill amends O.C.G.A. § 16-15-3, relating to street gang terrorism and prevention, to add sex and labor trafficking, keeping a place of prostitution, pimping, and pandering in the definition of "criminal gang activity." The bill also amends the Evidence Code to revise the circumstances in which the past sexual behavior of a witness complaining of alleged sexual misconduct can be admitted as evidence and revises the child hearsay statute. A substitute version of HB 424 passed the House of Representatives on March 7. The bill is assigned to the Senate Judiciary Committee and received a hearing on March 18 but was not voted on by the committee.

HB 472 was introduced by Rep. Bert Reeves (R-Marietta) on February 25, 2019. The bill amends the Juvenile Code to require juvenile courts to consider temporary alternatives to foster care when determining where to place a child who has been alleged dependent but has not yet been adjudicated. The bill also mandates training for juvenile court intake officers with the authority to remove a child from his or her home. A substitute version of HB 472, passed the Senate Judiciary Committee on March 21. The committee amended HB 472 to include the content of SB 222, sponsored by Sen. Jesse Stone (R-Waynesboro), establishing the Georgia Council on Criminal Justice Reform . The bill is now eligible for consideration by the full Senate.

HB 478 was introduced by Rep. Mandi Ballinger (R-Canton) on February 25, 2019. The bill amends Article 8 of Chapter 5 of the Social Services Code, relating to the central child abuse registry, to revise the requirements for notice to an alleged child abuser, to require that a person be named on the registry only after he or she has had an opportunity to be heard, and to provide for an expungement opportunity. The bill also prohibits the inclusion of alleged child abusers under 18. A substitute version of HB 478 passed the Senate Judiciary Committee on March 20. The bill is now eligible for consideration by the full Senate .

HB 514 was introduced by Rep. Kevin Tanner (R-Dawsonville) on February 27, 2019. The bill creates a new article in Chapter 1 of the Mental Health Code to establish the Georgia Behavioral Health Reform and Innovation Commission responsible for conducting a comprehensive review of the mental health system in Georgia. The commission will include five subcommittees, including one on Children and Adolescent Behavioral Health. A substitute version of HB 514 passed the Senate on March 21. The bill is now awaiting agreement from the House on the final version.

HB 530 was introduced by Rep. Bill Hitchens (R-Rincon) on February 27, 2019. The bill amends Article 16 of Chapter 2 of the Education Code to require public schools to report to DFCS when a child is withdrawn from without a declaration of intent to homeschool to allow DFCS to conduct an assessment and determine whether the parent withdrew the child to avoid educating the child. A substitute version of HB 530 passed the House of Representatives on March 7. The bill is assigned to the Senate Education and Youth Committee and received a hearing on March 18 but was not voted on by the committee .

HB 543 was introduced by Rep. Chuck Efstration (R-Dacula) on February 28, 2019 The bill amends Article 1 of Chapter 7 of the Domestic Relations Code to allow a person to establish standing as an equitable caregiver if he or she can prove by clear and convincing evidence that he or she has undertaken a parental role in a child's life and that the child will suffer harm if their relationship does not continue. It allows courts to establish parental rights and responsibilities for a person adjudicated to be an equitable caregiver. A substitute version of HB 543 passed the House of Representatives on March 7. The bill is assigned to the Senate Judiciary Committee .

SB 9 was introduced by Sen. Harold Jones II (D-Augusta) on January 9, 2019. The bill creates a new code section, O.C.G.A. § 16-11-92, to prohibit a person from intentionally coercing another person to distribute any images depicting nudity or sexually explicit conduct and to establish penalties for the crime . A substitute version of SB 9 passed the House Judiciary Non-Civil Committee on March 20. The committee amended the bill to include the content from HB 43, sponsored by Rep. Ed Setlzer (R-Acworth). That section of the bill revises O.C.G.A. § 16-6-5.1, relating to sexual assault by persons with supervisory or disciplinary authority, to change that offense to "improper sexual contact by employee or agent," to create first and second degrees of the offense, and to revise the penalties for the offense. The bill is now eligible for consideration by the full House of Representatives.

SB 15 was introduced by Sen. John Albers (R-Alpharetta) on January 15, 2019. The bill, referred to as the “Keeping Georgia’s Schools Safe Act,” amends Article 27 of Chapter 2 of the Education Code, relating to loitering at or disrupting schools, to require every public school to have a threat assessment of its campus completed every four years and to require public schools to have school safety plans approved by local law enforcement and submitted to the GA Dept. of Education. The bill requires safety drills be conducted at least once per school year and requires principals to act as or designate school safety coordinators. The bill outlines coordination protocols among the GA Dept. of Education, the GA Bureau of Investigation, and the GA Emergency Management Agency. The bill also allows schools to use certified “school safety coaches” as a resource in executing the school safety plan and requires the GA Information Sharing and Analysis Center to maintain a smartphone app for reporting suspicious activity. A substitute version of SB 15 passed the Senate on February 27. The bill is assigned to the House Education Committee and is scheduled for a hearing today at 1pm in the Academic Support subcommittee in Room 406 of the Coverdell Legislative Office Building .

SB 158 was introduced by Sen. Brian Strickland (R-McDonough) on February 21, 2019. The bill, referred to as the “Anti-Human Trafficking Protective Response Act,” amends Titles 9, 15, 16, 17, and 41 of the Georgia Code, relating to civil practice courts, crimes and offenses, criminal procedure, and nuisances. It authorizes DFCS to provide emergency care for children who are trafficking victims and requires referral of such children to certified victim services. It amends the offense of trafficking for sexual servitude, redefines prostitution to include only acts committed by persons 18 years of age or older, and eliminates the offense of pandering by compulsion. Finally, the bill adds using a place for the purpose of labor or sex trafficking to the list of activities that constitute maintaining a nuisance. A substitute version of SB 158 passed House Juvenile Justice Committee on March 21. The bill is now eligible for consideration by the full House of Representatives .

SB 167 was introduced by Sen. Matt Brass (R-Newnan) on February 22, 2019. The bill amends the Juvenile Code to require juvenile courts, when determining whether reasonable efforts have been made to finalize a permanent home for a child, to consider whether DFCS has completed the diligent search. The bill excuses DFCS from considering a relative as a placement resource if the relative has not demonstrated any interest in providing a permanent home for a child within six months after receiving notice from DFCS. It also creates a presumption that remaining in a home is in a child's best interests if the child has been in that home for 12 months and if removal would cause emotional harm to the child. Finally, the bill removes the requirement that a juvenile court must first attempt to place a child with a relative after the parent's rights have been terminated. The substitute version of SB 167 passed the House of Representatives on March 21. The bill is now awaiting agreement from the Senate on the final version.

SB 225 was introduced by Sen. Larry Walker III (R-Perry) on February 28, 2019. The bill amends the Juvenile Code, the Social Services Code, the Domestic Relations Code, and the State Government Code to bring relevant statutes into compliance with federal law, including the Family First Prevention Services Act, the Indian Child Welfare Act, and the Child Abuse Prevention and Treatment Act. A substitute version of SB 225 passed the House Juvenile Justice Committee on March 18 . The bill is now eligible for consideration by the full House of Representatives .
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