|
|
 |
|
|
Stan Elrod Legislative Committee Chairman State of Georgia Legislative Information FOP Legislative Update 1/12/12
The 2012 Georgia General Assembly jumped off to a quick start Monday, January 9, with the Senate immediately taking up two major pieces of legislation focusing on education reform. The House and Senate then held full Committee meetings immediately taking up major pieces of legislation still available from passage from the 2011 legislative session. As has been mentioned in the past, the Georgia Legislature operates on a biennial process, which means legislation introduced in the first of the two years during the biennial period is alive for passage during the second of the two years. Legislation "active" for passage from 2011 was discussed and passed out of Committees starting Monday. This also means legislation that was ready to be taken up on the floors of the House and Senate at the end of the 2011 legislative session but was not taken up then is now available for floor passage during the 2012 legislative session, which is what occurred with the Senate immediately taking up the education reform legislation Monday morning. Georgia again is facing a budget short-fall; however it is not as severe as in years past. Speaker Ralston and Governor Deal have recently mentioned in years past the Governor and Legislature have been forced to make drastic cuts, but the actions of the 2012 General Assembly will hopefully be more about "trimming" some areas. The Governor has actually increased overall spending with $700 million in new building projects across the State along with increased funding in Education and Corrections. The modest increase comes as Georgia is still rebounding from the Great Recession. Deal's budget marks the start of what will be a lengthy and politically charged process in the House and Senate, before the budget is approved this spring. The proposal provides a blueprint for this year's priorities. Indications are the main focus of the 2012 Georgia General Assembly will be addressing the Budget, Corrections and prison reform, making the Georgia tax system friendlier for businesses, reducing unneeded Government regulation, Education reform, and more. Over 2,822 pieces of legislation have been introduced since the beginning of the 2011 Legislative Session. Some have passed and been signed into law, while most are still alive and working their way through the legislative process. Around 3,000 more bills should be introduced during the 2012 legislative session, which means your government affairs team will be watching, keeping track of, and working on over 6,000 pieces of legislation for our industry. As always, we are at the Capitol all day and every day for you and your interests! Note: During the 2012 Legislative Session, we will not list every bill dealing with crime and law enforcement matters. Instead we will list those bills that we feel directly affect the members of the FOP.
Mo
HB 663: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to change provisions relating to inspection, purging, modifying, or supplementing of criminal records; to provide for a definition; to provide for procedure; to provide for individuals who have not been convicted to have their arrest records restricted; to amend Code Section 5-6-34 and Code Section 15-11-83 of the Official Code of Georgia Annotated, relating to judgments and rulings deemed directly appealable and when a child may be fingerprinted or photographed and confidentiality of information, respectively, so as to provide for and correct a cross-reference; and for other purposes. Sponsored by Rep Jay Neil 1st The bill is currently in the House Judiciary (non-civil) Committee
SB 229: Searches with warrants; issuance of search warrants by judicial officers; provisions. Sponsored by Fort, Vincent 39th A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to change provisions relating to issuance of search warrants by judicial officers; to provide that no-knock warrants shall not be issued in this state except under limited circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. This bill limits the use of "no knock" warrants, the use of which involve recipients of the search warrant receiving no prior notification that the premises are about to be searched. The bill was recommitted to the Senate Judiciary Committee on Jan 9 2012
HB 8: Due Process Restoration Act Sponsored by Rep. Bobby Franklin
This bill relating to wiretapping, eavesdropping, surveillance, and related offenses. The bill also prohibits certain forms of surveillance without search warrants; to provide for exceptions. The bill was read before the House for a second time on 1/24/11 and has been assigned to the House Judiciary (Non-Civil) Committee.
HB 9: Kathryn Johnston's Law Sponsored by Rep. Bobby Franklin
This bill relates to general provisions relative to the arrest of persons, so as to provide that the use of forced entry in the execution of a search warrant is prohibited. The bill seeks to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to provide that the use of forced entry in the execution of a search warrant is prohibited. The bill was read before the House for a second time on 1/24/11 and has been assigned to the House Judiciary (Non-Civil) Committee.
HB 24: Evidence; revise, supersede, and modernize provisions Sponsored by Rep. Wendell Willard
This bill relates to substantially revise, supersede, and modernize provisions relating to evidence. Also, to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to move provisions relating to DNA analysis of persons convicted of certain crimes from Title 24 to Title 35. The bill also intends to change provisions relating to foreign language interpreters and interpreters for the hearing impaired. The bill passed the House on 2/28/11 and passed the Senate on 4/14/11. It was signed into law 5/3/2011 and will become effective Jan. 1, 2013
HB 54: Weapons; place of worship Sponsored by Rep. Bobby Franklin
This bill relates to carrying weapons in unauthorized locations and penalty, so as to repeal a prohibition against carrying a weapon in a place of worship. It basically allows firearms to be carried in places of worship. This bill was read for a second time before the House on 1/26/11and has been referred to the Judiciary (Non-civil) Committee.
HB 55: Weapons; school and postsecondary facilities Sponsored by Rep. Bobby Franklin
This bill relates to carrying a weapon within a school safety zone, at school functions, or on school property. This bill changes the definition of "school safety zone." The bill was read for a second time before the House on 1/26/11 and has been referred to the House Judiciary (Non-civil) Committee.
HB 58: Firearms; retired judges Sponsored by Rep. Doug Holt
This bill relates to carrying and possession of firearms, so as to provide an exemption from certain laws regarding the carrying and possession of firearms by retired judges. This bill changes the wording of an existing bill that allows retired judges to carry firearms. The bill was read a second time before the House on 1/26/11 and has been referred to the House Judiciary (Non-Civil) Committee.
SB 26: Firearms; prohibit any additional limitations on carrying firearms during states of emergency Sponsored by Sen. David Schafer
This bill relates to carrying and possession of firearms, so as to prohibit any additional limitations on carrying firearms during states of emergency. The bill was passed by the Senate on 3/11/11 and has been recommitted to the HC for Judiciary.
HB 91: Drivers' licenses; felony offense demarcated on license; provisions Sponsored by Rep. Timothy Bearden
This bill relates to the procedure for sentencing and imposition of punishment and the issuance, expiration, and renewal of drivers' licenses, respectively, so as to provide that any person convicted of a felony offense shall have such conviction demarcated on his or her driver's license for the length of his or her sentence. In short, this bill requires the state to issue a license with a mark on it that allows officers to identify the cardholder as a convicted felon. The bill has passed by the House and has been referred to the SC for Public Safety
HB 94: Law enforcement officers; use race or ethnicity to stop motorist; prohibit Sponsored by Rep. Tyrone Brooks
This bill relates to general provisions relative to motor vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motorist. The bill was read before the House for a second time on 2/1/11 and was referred to the House Judiciary Committee.
HB 123: Weapon removal from public official; include stun guns and Tasers; clarify Sponsored by Rep. Jay Powell
This bill relates to the removal or attempted removal of a weapon from a public official and punishment therefor, so as to clarify that the provision includes stun guns and Tasers. This bill defines the term "firearms" as including stun guns and Tasers. The passed the House on 3/3/11 and the Senate on 4/11/11. It was signed by the governor and became effective law July 1, 2011.
HB 156: Indemnification payment; injured state highway employees; change provisions Sponsored by Rep. Mike Cheokas
This bill relates to payment for indemnification for death or disability, procedure for making of payments, and appeal, so as to change provisions relative to the indemnification of injured state highway employees. This bill eliminates the indemnification payments to partial permanent disabled state highway employees. The bill passed the House on 3/3/11 and the Senate on 4/12/11. On 4/14/11 the House agreed to the Senate substitute. It has been signed into law effective July 1, 2011.
HB 170: Tax executions; issuance; change certain provisions Sponsored by Rep. David Knight
This bill relates to tax executions, so as to change certain provisions regarding issuance of tax executions. The bill is currently in the House Ways & Means Committee.
HB 203: Georgia Peace Officers Standards and Training Council; investigate or disciple peace officers Sponsored by Rep. Mack Jackson
This bill relates to the employment and training of peace officers, so as to provide that the Georgia Peace Officers Standards and Training Council shall make certain notifications when undertaking to investigate or disciple peace officers. The bill has passed the House on 3/16/11 and the Senate on 4/11/11. It was signed by the Governor and became law effective Jul 1 2011.
SB 58: Spencer Pass Hero Memorial Act; indemnification for the death/disability of state highway employee Sponsored by Sen. Steve Gooch
This bill relates to payment of indemnification for death or disability, procedure for making of payments, and appeal, so as to change provisions relating to indemnification for the death or disability of a state highway employee. The bill passed the Senate on 2/28/11 and the House on 3/31/11. On 4/14/11 the House and Senate agreed to the substitutes. This bill was vetoed by the Governor May 13, 2011.
HB 252: Transportation of Hazardous Materials Act Sponsored by Rep. Alan Powell
This bill relates to the transportation of hazardous materials, so as to provide procedures for the safe transportation of hazardous materials within this state. It is currently in the House Judiciary (Non-civil) Committee.
HB 253: Public Safety, Department of; sell or trade surplus vehicles; allow Sponsored by Rep. Doug Collins
This bill relates to the Department of Public Safety, so as to allow the commissioner of public safety, with the approval of the Board of Public Safety, to sell or trade surplus motor vehicles and use the proceeds of the sale or trade toward the purchase of new motor vehicles. The bill has passed the House and was recommitted to the SC for Public Safety.
SB 95: Peace Officers; applicant; appointment or certification; provide for the authority to investigate the employment history; provide immunities Sponsored by Sen. Buddy Carter
This bill relates to the employment and training of peace officers, so as to provide for the authority to investigate the employment history of an applicant applying for appointment or certification as a peace officer. The bill passed the Senate on 2/28/11 and the House on 4/12/11. It was signed and became effective law may 12, 2011.
SB 96: Peace Officers Annuity/Benefit Fund; certain employees of the Natural Resources Dept. shall be eligible for membership Sponsored by Sen. Tim Golden
This bill relates to definitions relative to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of a certain term; to provide that certain employees of the Department of Natural Resources shall be eligible for membership in such fund. This bill passed the Senate on 3/10/11 and the House on 3/30/11. On 4/14/11 the Senate agreed to the House substitute. This bill was vetoed by the Governor May 13, 2011
SB 102: Firearms; carrying/possession; definitions; penalties; issuance/qualifications for firearms licenses; provisions Sponsored by Sen. Jeff Mullis
This bill removes the term 'long gun' and replaces that term with either 'shotgun' or 'rifle'. This bill passed the Senate on 3/16/11 and has been sent to the HC for Judiciary (non-civil).
HB 270: Elections; nonpartisan election of sheriffs, district attorneys, and solicitor generals; provide Sponsored by Rep. Rusty Kidd
This bill relates to elections and primaries generally, so as to provide for the nonpartisan election of sheriffs, district attorneys, and solicitor generals. The bill is currently in the House Governmental Affairs Committee.
HB 286: License to carry a pistol or revolver; training for certain persons; provide Sponsored by Rep. Pedro Marin
This bill relates to license to carry a pistol or revolver and temporary renewal permit, so as to provide for training for certain persons licensed to carry a pistol or revolver. This bill requires applicants born on or after July 1, 1991, to have completed a firearms safety course within three years of the date of the application. The bill is currently in the House Public Safety and Homeland Security Committee.
HB 299: DNA analysis; transfer provisions; expand types of samples collected; provisions Sponsored by Rep. Jay Neal
This bill relates to proof generally, so as to transfer provisions relating to DNA analysis upon conviction of certain sex offenses, to a new article of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation; to expand the types of convicted felons who shall have a DNA sample collected and maintained in the DNA data bank from certain designated sex offender felons to all convicted felons who are incarcerated or on probation or parole; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Currently, this bill is in the House Judiciary (non-civil) Committee.
SB 133: Peace Officers; persons given permanent resident status; eligible to be certified and employed as peace officers in this state Sponsored by Sen. Curt Thompson
This bill relates to employment and training of peace officers, so as to provide that persons who have been given permanent resident status in the United States by the United States Citizenship and Immigration Services are eligible to be certified and employed as peace officers in this state; to provide for related matters; to repeal conflicting laws; and for other purposes. This bill was substituted and passed by the Senate, adopted, passed and though subsequently reconsidered by the House. It now sits in the House Ways and Means Committee
HB 327: Peace officers; employment or certification; modify certain requirements Sponsored by Rep. Jason Shaw
This bill relates to requirements for appointment or certification of persons as peace officers, so as to modify certain requirements pertaining to employment or certification as a peace officer; to repeal conflicting laws; and for other purposes. This bill is currently in the House Public Safety and Homeland Security Committee.
SB 155: Jarrett Little Act; indemnification payment shall be made to parents/siblings of such person; if person does not have unremarried spouse/dependents
This bill relates to Georgia State Indemnification Fund, so as to provide a short title; to provide that, in the case of death or organic brain damage suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management specialist, or prison guard, if such person does not have an unremarried spouse or dependents, the indemnification payment shall be made to the parents or siblings of such person. The bill passed the Senate on 3/16/11 and sits in the House Insurance Committee
SR 251: Fraternal Order of Police Day Sponsored by Sen. Johnny Grant
This resolution recognizes and commends the Fraternal Order of Police for its outstanding service to the law enforcement officers of this state and recognizing March 2 as Fraternal Order of Police day at the state capitol. The resolution was adopted on March 2, 2001.
SB 205: Motor Vehicle; require policies that prohibit law enforcement officers from impermissibly using race/ethnicity in determining whether to stop a vehicle Sponsored by Rep. Ed Harbison
This bill relates to general provisions relative to motor vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a vehicle. The bill is currently in the Senate Public Safety Committee.
SB 228: Sentence/Punishment; sentencing of defendants guilty of crimes involving bias or prejudice, circumstances and parole Sponsored by Sen. Vincent Fort
This bill relates to procedure for sentencing and imposition of punishment, so as to repeal certain provisions regarding sentencing of defendants guilty of crimes involving bias or prejudice, circumstances, and parole. The bill is currently in the Senate Judiciary Committee.
SB 231: Probation; provide additional offenses for which first offender status shall not be granted Sponsored by Sen. Lindsey Tippins
This bill relates to probation prior to adjudication of guilt, violation of probation, and review of criminal record by a judge, so as to provide additional offenses for which first offender status shall not be granted. This bill passed the Senate on 3/16/11 and was recommitted to the House Judiciary (non-civil).
SB 242: Peace Officers' Annuity/Benefit Fund Sponsored by Sen. Steve Thompson
This bill relates to eligibility for disability benefits under the Peace Officers' Annuity and Benefit Fund, periodic examinations, termination of disability benefits, application, hearings, powers of hearing officer, and appeal, so as to provide that a member of such fund disabled by an injury incurred in the line of duty shall be entitled to a disability benefit under certain conditions. The bill is currently in the Senate Retirement Committee.
HB 416: Labor organizations; collective bargaining by public employees Sponsored by Rep. Bobby Franklin
This bill relates to membership in labor organizations, so as to prohibit collective bargaining by public employees. This bill prohibits collective bargaining by public employees. Currently this bill is in the House Regulated Industries Committee. HB 541: Threatening or intimidating law enforcement Sponsored by Rep. Bubber Epps
This bill relates to obstruction of public administration and related offenses, so as to provide for the offense of threatening or intimidating a law enforcement officer, public official, or other person relating to such person's involvement in a judicial proceeding. It punished those who threaten law enforcement officers. This bill is currently in the House Judiciary (Non-civil) Committee.
Stan Elrod Legislative Chairman
|
|
|
copyright - Georgia state fraternal order of police |
