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Sine Die 2018 Update
The House kicked off the last week of session by unanimously passing two
adjoining bipartisan measures, Senate Bill 127 and Senate Resolution
146, legislation that would acknowledge and protect several specific
victims’ rights. SB 127 would provide a process for victims to be heard
by the court when the victim’s constitutional rights to participation
and information have been denied. Under SB 127, if the victim of a crime
makes a written request to the prosecuting attorney to be notified of
all proceedings, has provided appropriate contact information and
asserts that no notification has been provided, the victim can file a
motion to the court to be heard on the matter within 20 days after the
claimed violation. Further, SR 146, also known as Marsy’s Law, is the
companion legislation to SB 127 and would place a constitutional
amendment on the November ballot to provide victims explicit rights in
Georgia’s Constitution. If the amendment is approved by Georgia voters,
our state’s Constitution would grant victims several rights, including:
reasonable, accurate and timely notice of any court proceedings or
schedule changes involving the alleged crime; reasonable and timely
notice of the arrest, release or escape of the accused; inclusion in any
court proceedings; the opportunity to be heard in any proceedings
involving the release, plea or sentencing of the accused; and to be
informed of his or her rights. Most states have already adopted similar
constitutional amendments, and if SR 146 is approved by voters,
Georgia’s Constitution would be amended to include specific language to
protect the rights of crime victims. In addition
to approving Marsy’s Law on Tuesday, the House also passed Senate Bill
154 to hold those in positions of authority accountable for sexual
assault by defining sexual assault in the first and second degree. Under
SB 154, anyone who engages in sexual contact with a victim under their
care or supervision would be guilty of sexual assault in the second
degree and would be required to serve a prison sentence of one to five
years and fined a maximum of $25,000; however, they would not be
required to register as a sex offender unless they are convicted of a
second or subsequent offense. Anyone who engages in sexually explicit
conduct with a victim under their care or supervision would be guilty of
sexual assault in the first degree and would be required to serve a
prison sentence of one to 25 years, fined a maximum of $100,000 and must
register as a sex offender. Furthermore, SB 154 provides exceptions to
these sentencing requirements for offenders who commit sexual assault in
either degree if the offender did not have supervisory or disciplinary
authority over the victim at the time of the offense or if the victim is
younger than 16-years-old; if the victim is between 14 and 16-years-old
and the offender is 18-years-old or younger; and if the victim is at
least 16-years-old and the offender is younger than 21-years-old. This
measure would apply to employees and agents of any school, community
supervision office, probation office, law enforcement agency, hospital,
correctional facility, juvenile detention facility, disability services
facility or child welfare and youth services facility, as well as to
psychotherapy counselors and practitioners and employees, agents and
volunteers of licensed facilities that provide drug and alcohol
treatment, senior living care or hospice services. SB 154 would broaden
Georgia law to hold those in positions of trust and authority criminally
responsible for taking advantage of and violating Georgia’s most
vulnerable citizens. Over the
past several years, the Georgia General Assembly, under the leadership
of Governor Nathan Deal, has passed significant criminal justice reform
measures that have truly changed lives, and this week, the House
unanimously passed the last criminal justice bill under Gov. Deal’s
administration. Senate Bill 407 consists of several recommendations
from the Criminal Justice Coordinating Council, and this comprehensive
measure notably includes updates to Georgia’s bail system, such as
authorizing courts of inquiry to set bail for city ordinance violations;
prohibiting courts from imposing excessive bail; requiring courts to
only impose conditions reasonably necessary to ensure court attendance
and protect public safety; and requiring courts to consider the
accused’s financial resources, earnings and other economic factors when
determining bail. In cases involving local ordinance violations, the
court would be authorized to allow the defendant to satisfy any fines or
fees through community service, and courts could waive, modify or
convert fines and fees if the court finds that the defendant has a
significant financial hardship. Additionally, under SB 407, the Judicial
Council of Georgia would develop a uniform misdemeanor citation and
complaint form for use by law enforcement officials, and the bill would
allow misdemeanors to be prosecuted by accusation, citation or citation
and arrest. SB 407 would also expand the list of misdemeanor crimes an
officer can arrest by citation, and prior to the offender’s release, the
officer would be required to review the accused’s criminal record and
ensure the accused’s fingerprints are obtained. Moreover, SB 407 would
authorize accountability court judges to order the Department of Driver
Services to reinstate or revoke driver’s licenses or limited permits as
a reward or sanction for actions in the accountability court, and the
court would be permitted to grant petitions for early termination of
probation that the state does not oppose within 90 days of receiving the
petition. Also, the bill would cap supervision fees collected on
pay-only probation at the rate in the private probation company’s
contract, and the court would provide probationers who fail to report a
10-day grace period from the time the officer mails a letter to the
probationer, as long as the probationer reports. Further, SB 407
includes several provisions regarding firearm theft and those prohibited
from possessing a firearm, and the bill would authorize the Department
of Community Health to share information on the prescription drug
monitoring program database with federal agents and would allow for
disclosure to out-of-state prescription drug monitoring programs
operated by governmental entities. Finally, SB 407 would allow Technical
College System police officers to arrest for offenses committed on or
within 500 feet of a Technical College System property. The bill
includes several other criminal justice reforms, such as provisions for
courts to implement electronic filing and payment systems and
protections for first offenders’ records. Gov. Deal’s highly successful
criminal justice reforms serve as a model that other states have
emulated, and SB 407 is yet another effort to refine and improve
Georgia’s criminal justice system for the good of our state’s citizens.
My House colleagues and I also passed a bill
this week that would update Georgia’s child support laws to mirror
federal regulatory changes that went into effect on Jan. 20, 2017. Under
Senate Bill 427, courts would be required to consider an obligor’s, or
an individual that owes child support, earnings, income, ability to pay
child support and the basic needs of the recipients of such support when
making a final determination of child support. Additionally, if a parent
fails to produce reliable evidence of their earnings, their income for
the current year may be assigned by the court based off the parent’s
ability to earn and other economic factors. Furthermore, if the parent
is incarcerated, their income may be assigned based off their actual
income and assets available, not off their pre-incarceration wages. SB
427 would also prohibit a court from treating incarceration as willful
or voluntary unemployment or underemployed when setting a child support
amount. Further, SB 427 provides that a child’s enrollment in a public
health care program, such as Medicaid or PeachCare for Kids, may satisfy
the health care requirement for providing for the child's health care
needs in a child support order; however, such enrollment would not
prevent a court from ordering parents to insure their child. This
measure would bring Georgia into compliance with new federal child
support regulations for the good of our state’s children, as well as
their parents.
This week, the House approved of a
measure that would help equip Georgia’s students for their professional
careers. Senate Bill 401 would require postsecondary institutions that
provide dual credit courses to provide enrollment and student record
data to the Office of Student Achievement and to the statewide
longitudinal data system. In addition, under SB 401, the Office of
Student Achievement would collect and monitor enrollment and student
record data for dual credit courses and would annually measure and
evaluate the dual enrollment program. The bill would also require middle
school students to be provided with counseling and information to assist
them in evaluating their career orientated aptitudes, and all students
would develop a graduation plan with their parents or guardians based on
their academic skills, career orientated aptitudes and career interests
before the end of eighth grade. Further, beginning with the 2018-2019
school year, guidance, advisement and counseling for high school
students would include career oriented aptitude and career interest
guidance. SB 401 would also require the Department of Education to
review each school counselor’s role, workload and program service
delivery in grades six through 12, and the department would report its
findings to the State Board of Education and the Georgia General
Assembly, including recommendations for counselor improvements to ensure
student success in academic skills, career orientated aptitudes and
career interests. Lastly, SB 401 includes provisions that would help
prepare students in kindergarten through ninth grade to address sexual
abuse and assault, as well as allow funding for students taking dual
credit courses at eligible postsecondary institutions that utilize
nonstandard term systems, such as Georgia Military College. The
provisions in this bill would tremendously help our students to explore
their strengths, skills and career aptitudes as they move through middle
and high school and beyond.
House Bill 930 would
create a new regional
governance and funding structure for transit in the metropolitan Atlanta
region. HB 930 intends to improve the coordination, integration and
efficiency of transit in the metropolitan Atlanta region and promote a
seamless and high-quality transit system for the 13-county metropolitan
Atlanta region.
These bills were both major House priorities this session, and I hope
that Gov. Deal will favorably consider these bills that will greatly
impact the state as a whole for the better.
Finally, before we adjourned sine die for the
year, the House fulfilled our only legislative responsibility as
outlined in Georgia’s Constitution. On Thursday, March 29, we gave final
passage to the Fiscal Year 2019 (FY 2019) budget, House Bill 684, by
adopting a conference committee report. Amongst many, many important
budgetary appropriations, the final FY 2019 budget includes an
additional $166.7 million for local school systems, $16 million for
school security and $100 million in bonds for transit. These additional
education dollars would fully fund Georgia’s Quality Basic Education
formula, which provides k-12 school funding, after over a decade of
austerity cuts. This final, comprehensive budget would provide for the
wide-ranging needs of our state’s and its citizens, and I am proud that
the Georgia General Assembly fulfilled its constitutional responsibility
by giving final passage to the FY 2019 budget.
Although the Georgia General Assembly has
adjourned sine die and the 2018 legislative session has officially come
to an end, I hope that you will continue to contact me if you have any
questions
regarding your state government, potential new state laws or if you have
any suggestions for future legislation.
Over the next 40 days, Gov. Deal will review and
sign or veto measures that received final House and Senate passage this
session. Any bill the governor signs will become law, and any
legislation not signed or vetoed within this 40-day period will
automatically become law as well. My House colleagues and I have worked
diligently this session on behalf of our constituents, and we are proud
of the legislation we have crafted and passed for the good of our state.
While the session is over, I will continue to serve you and your family
as our district’s state representative. Please feel free to reach out to
me anytime at Capitol office at 404-656-9198, or by email at
don@donparsons.net. Additionally,
I will be spending a lot more time in the district now, so feel free to
contact me locally at 770-977-4426.
As always, thank you for allowing me to serve as
your representative.
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Contact Don Parsons Email: repdon@donparsons.org Capitol Office: 404-656-9198 District Office: 770-977-4426 |
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