Georgians for Equal Justice Legislative Update

February 4, 2005, Legislative Days 9-12

In this message:

• This week in criminal justice at the legislature
• New criminal justice bills introduced this week
• Taking Action
• In other news / Upcoming Events
• List of criminal justice bills we are tracking

 

This week in criminal justice at the legislature

Funding for Statewide Public Defenders is on the chopping block. Legislative Budget Committees are asking the Georgia Public Defender Standards Council to cut away at its request for funds, although the Legislature already approved the $42 million.  Stay tuned for more information and how to take action on this crucial criminal justice issue!

Several committee hearings on criminal justice bills were held this week:

• HB 57: This bill prohibits the license of any doctor who participates in an execution from being challenged, suspended, or revoked.  HB 57 was heard in House Judiciary (Non-Civil) Subcommittee Two, was quickly passed, and will be heard in the full Judiciary (non-civil) committee soon.
• HB 58: This bill is called the “Working Against Recidivism Act”.  It would allow private industries to build factories on prison property. The companies would pay people in prison to work in the factories but they would be required to pay the state part of their income but would be allowed to keep some of the money.  HB 58 was heard in the Corrections subcommittee of House State Institutions & Property but no action was taken at this time.  They plan to meet next week to take any amendments to the bill.
• HB 216: This bill is one of many this year that attempts to address methamphetamine production and sales.  HB 216 was heard in House Judiciary (Non-Civil) Subcommittee One.  No action was taken at this time and a small working group of legislators was formed to address this bill. 
• SB 58: This bill amends the already existing "Georgia Street Gang Terrorism and Prevention Act," by adding more crimes (including spray painting) to be included in this statute.  SB 58 was heard in Senate Public Safety and Homeland Security Committee.  No action was taken at this time but it will be revisited soon.

The General Assembly was in session this week Monday, January 31 through Thursday, February 3, for legislative days 9, 10, 11 and 12. Legislators agreed to recess on Friday and next Friday, February 11, to give the Appropriations committees and subcommittees time to get the budget ready for the floor debate. The General Assembly will meet next week from February 7-10 for days 13-16.  Legislators meet for 40 business days before adjourning until next January.

Criminal Justice Bills introduced this week:

House Bills (click on the bill number to read the bill.  Some bills were introduced yesterday and are not yet available online.):

HB 216: This bill is one of many this year that attempts to address methamphetamine production and sales.  This one will make it some that anything containing pseudoephedrine (like Sudafed, one of the chemicals used in the production of methamphetamines) can be dispensed only by a licensed pharmacist and the person buying it will need to show identification and may purchase no more than 9 grams.   It also details the registration process for any pharmacies who want to carry pseudoephedrine.

HB 222: This bill changes the provisions in obtaining discovery in felony cases.

HB 248: This bill will sentence people convicted of murder and who have previously been convicted of three or more felonies to life without parole.

HB 278: This bill makes it illegal to have secret compartments in a car to hide drugs in and makes the offense punishable by a fine of not more than $10,000.

HB 289: This bill gives parole officers the power of police to assist police, correctional, or homeland security officers during “extraordinary circumstances”

Senate Bills (click on the bill number to read the bill:

SB 89: This bill changes the definition of “dangerous drug” and the quantity that would be illegal to have.  

SB 97:  This bill would allow for fees collected in juvenile court to be used to fund truancy programs.

SB 116: This bill is one of many this year that attempts to address methamphetamine production and sales.  This one will make it some that anything containing pseudoephedrine (like Sudafed, one of the chemicals used in the production of methamphetamines) can be dispensed only by a licensed pharmacist and the person buying it will need to show identification and may purchase no more than 9 grams.   It also details the registration process for any pharmacies who want to carry pseudoephedrine.

Taking Action:

For information on who are your legislators and how to contact them, please visit GEJ’s Action Center.  This page also includes voter registration information, links to the Georgia Constitution and Code, and reasons why we must raise our voices!

In other news:

• 25th Poor People’s Day at the Capitol is THIS WEEK! February 9th and 10th, 2005, Georgia State University Student Center Auditorium, 33 Gilmer Street (Corner of Gilmer and Piedmont) For more information: Georgia Citizen’s Coalition on Hunger 404/622-7778 or hungercoalition@mindspring.com On February 9th and 10th, the Up and Out of Poverty Now Coalition will mobilize organizers, advocates, and citizens from across the state for the 25th Annual Poor People’s Day at the Capitol.  Right now, more than 9 million citizens in the United States who want to work cannot find jobs.  Numbers of poor, homeless, and hungry people are increasing exponentially.  Working citizens are being forced to earn $6 and $7 an hour while CEOs are paid $60 and $70 million.  Comprehensive healthcare has become a luxury afforded by few.  Poor People’s Day events are part of ongoing efforts to strengthen the grassroots communities’ power to mobilize and address concerns that impact the lives of working people across Georgia.  We hope to see you there!

Bills of interest:

Prison Labor Bills

HB 58: This bill is called the “Working Against Recidivism Act”.  It would allow private industries to build factories on prison property. The companies would pay people in prison to work in the factories but they would be required to pay the state part of their income but would be allowed to keep some of the money.

Bills that directly impact people in prison and their families

HB 49: This bill will make it so that people in prison who did not qualify for a public defender will pay for the costs of their incarceration.  Rates charged for incarceration will be based upon the ability of the person in prison to pay, giving priority to any legal obligation of the inmate to support a spouse, minor children, or other dependents.

HB 172: This bill is the "Crime Victims Restitution Act of 2005" and is part of the Governor’s legislative package.

HR 7: This resolution is to create a Constitutional Amendment that would allow people who are convicted of felonies to be able to register to vote and vote once they are no longer incarcerated and while serving probation or parole.  It includes language for the ballot that this would be voted on.

HR 9: This resolution is to create a Constitutional Amendment that would allow people who are convicted of felonies to be able to register to vote and vote once they are no longer incarcerated and while serving probation or parole.  It includes language for the ballot that this would be voted on.

Juvenile Justice Bills

HB 77: This bill is supposed provide funding for local juvenile diversion programs buy adding an additional fine to those who receive fines in juvenile court.

HB 79: This bill is supposed provide funding for local juvenile diversion programs buy adding an additional fine to those who receive fines in juvenile court.

HB 181: This bill has to do with prosecuting children as adults for the “7 Deadly Sins”.  It allows for a hearing to be held to send the case from superior court to juvenile court for all of the 7 Deadly crimes.  

Death Penalty Bills

HB 57: This bill prohibits the license of any doctor who participates in an execution from being challenged, suspended, or revoked.

HB 170: This bill is the "Criminal Justice Act of 2005" and is part of the Governor’s legislative package.  This bill does many things including giving the prosecution and defense the same number of peremptory jury strikes in misdemeanor, felony, and death penalty cases, gives the prosecuting attorney the ability to always conclude the argument to the jury, makes it so that provisions relating to discovery apply in sentencing proceedings and allows for the admission of evidence of character of a witness, and more.

SB 2: This bill would make it so that in misdemeanor, felony, and death penalty cases, the prosecution and defense would have an equal number of peremptory jury strikes.

Sentencing Bills

HB 13: This bill changes the punishment for aggravated sodomy when the victim is 12 years old or younger (the age was formerly 10) to a minimum of 10 years to the possibility of life in prison or the death penalty.

HB 106: This bill adds to the definition of “sexually violent offense” to include aggravated assault with intent to rape.

HB 130: This bill amends the already existing "Georgia Street Gang Terrorism and Prevention Act," by adding more crimes (including spray painting) to be included in this statute.  It also raises the minimum fine that one would be charged with from $5000 to $10,000 and the prison time from three to five years but no more than 15.

HB 140: This bill adds to the definition of “sexually violent offense” to include aggravated assault with intent to rape.

HB 169: This bill removes the statute of limitations for prosecution for aggravated child molestation.

HB 171: This bill applies to those who must register with the Sexual Offenders’ Registry.  It will make it so that a person who is convicted of a criminal offense against a minor will have to their registration every 90 days.

HB 175: This bill adds the possibility of a fine (in addition to imprisonment) to someone who commits a drug offense.

HB 188: This bill applies to those who must register with the Sexual Offenders’ Registry and will require them to pay $25 to have their picture published in the legal paper of the county in which the crime happened.

SB 57: This bill will sentence people convicted of murder and who have previously been convicted of three or more felonies to life without parole.

SB 58: This bill amends the already existing "Georgia Street Gang Terrorism and Prevention Act," by adding more crimes (including spray painting) to be included in this statute. 

Probation and Parole System Bills

HB 60: This bill would create the division of probation/parole community based supervision.

HB 64: This bill limits the amount of time a person can spend in a probation detention or diversion center to 120 days.

HB 65: This bill would create the division of probation/parole community based supervision.

SB 44: This bill allows for the Board of Corrections to enter into contracts for the operation of private probation detention and diversion centers.

SB 59: This bill allows for people placed on probation for misdemeanor convictions to be confined in county diversion centers.

Police Bills

HB 29: This bill will ban the use of any electroshock device, including stun guns, stun shields, and Tasers by any state, county, or local law enforcement officer in the line of duty.

HB 30: This bill is intended to stop racial profiling during police stops.  It prohibits police officers from using race or ethnicity to determine whether to stop a motorist, requires police officers to document the race, ethnicity, and gender of a motorist and passengers that they stop, and requires annual training of police officers about racial profiling. 

HR 6:  This resolution urges all law enforcement and correctional agencies to suspend the use of all electroshock devices, including stun guns, stun shields, and Tasers.

Methamphetamine Bills

HB 19: This bill will make it some that anything containing pseudoephedrine (like Sudafed, one of the chemicals used in the production of methamphetamines) can be dispensed only by a licensed pharmacist and the person buying it will need to show identification and may purchase no more than 9 grams.  The pharmacist will also have to keep logs of who buys this drug and how much they purchase.

HB 45: This bill will require that any product used in the preparation of methamphetamine shall be maintained behind the counter, in a locked cabinet, and shall only be distributed by a licensed pharmacist and that anyone buying one of these products will have to show identification in order to purchase.  Any pharmacy or pharmacist that fails to do this can be punished by a fine of not more than $1,000.00 or by imprisonment not to exceed six months or both.  This is the same bill as SB 24.

SB 24: This bill will require that any product used in the preparation of methamphetamine shall be maintained behind the counter, in a locked cabinet, and shall only be distributed by a licensed pharmacist and that anyone buying one of these products will have to show identification in order to purchase.  Any pharmacy or pharmacist that fails to do this can be punished by a fine of not more than $1,000.00 or by imprisonment not to exceed six months or both.  This is the same bill as HB 45.

 

Sara J. Totonchi
Public Policy Director
Southern Center for Human Rights
83 Poplar Street, N.W.
Atlanta, Georgia 30303
404/688-1202 voice
404/688-9440 fax
stotonchi@schr.org