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Legislative Update

The Georgia General Assembly met last week for Legislative Days 19 & 20 and will reconvene this week for Legislative Days 21-24, with a committee workday on Wednesday, March 2. The pace has begun to pick up, with both chambers passing bills every legislative day, as we approach Crossover Day on Tuesday, March 15. Read on to learn about recent and upcoming actions on bills we are tracking.

Bills SCHR Supports:

  • HB 1092 was passed unanimously by the House of Representatives last Tuesday, February 22! Sponsored by Rep. Sharon Cooper, this is the newest version of the Women’s CARE (Child Care Alternatives, Resources, and Education) Act, an effort led by RestoreHER to end prison births. HB 1092 would require judges to defer the prison sentences of pregnant women until 6 weeks after they have given birth. The bill has now been assigned to the Senate Judiciary Committee.
  • HB 1426, a bipartisan bill, was introduced last week and signed by Rep. Beth Moore, Chairman Bill Werkheiser, Rep. Stan Gunter, and others, to lower the standard of proof for determining intellectual disability in capital cases to preponderance of the evidence. Georgia is the only state in the country that requires a person to prove beyond a reasonable doubt that they have an intellectual disability in order to avoid the death penalty. This impossibly high standard creates the unacceptable risk that a person with ID will be executed, despite the Supreme Court’s ruling that executing a person with ID is unconstitutional. HB 1426 will be heard in the Smith Subcommittee of the House Judiciary Non-Civil Committee, tomorrow, March 1 at 3pm in Room 132 of the Capitol.
  • SB 501, sponsored by Chairman Brian Strickland, was heard but not voted on by the Senate Judiciary Committee earlier today. This bill authorizes a sentencing court to impose a new and reduced sentence and suspend or probate any part of the sentence imposed if the court determines the interest of justice would not be served by a person’s continued incarceration. The sentencing court may act only upon a motion filed by the prosecuting attorney. The bill may come up again for a vote in committee later this week.

Bills SCHR Opposes:

  • SB 171, sponsored by Sen. Randy Robertson, enhances criminal penalties for protestors involved in “unlawful assemblies”; creates an affirmative defense for people who injure or kill protestors blocking roadways; and waives sovereign immunity to allow suits against local governments for damages resulting from protests. Southern Center stands with our partners in opposition to this effort that seeks only to antagonize and punish those who exercise their First Amendment rights to demand a safer and more just world. SB 171 is assigned to Senate Judiciary and scheduled for a hearing tomorrow, March 1st, at 4:00 p.m, in Room 307 of the Coverdell Legislative Office Building. Take action here!

Scheduled hearings, including agendas and livestream links, are posted here.

Advocacy Events:

Talk Justice Tuesdays 2022 – Tomorrow, Tuesday, February 15, the Justice Reform Partnership will host, “Talk Justice Tuesday: Repealing the Death Penalty.” Hear from experts about how the capital punishment system targets marginalized people, including people of color and people living with intellectual disability. Learn why most Georgians, from all political and religious backgrounds, support ending the death penalty. And find out how you can take action to support the movement to repeal the death penalty in Georgia. Join us virtually at 9:30am by registering here: https://bit.ly/TJT-2022-deathpenalty

Continue reading to learn more about the bills we are tracking. 

SCHR Supports:

Ending State-Sanctioned Violence 

  • HB 69 (Sponsor: Rep. Dar’shun Kendrick) – Waives immunity for law enforcement officers. (Status: Assigned to House Judiciary)
  • HB 233 (Sponsor: Rep. James Beverly) – Prohibits no-knock search warrants. (Status: Assigned to Judiciary Non-Civil)
  • HB 313 (Sponsor: Rep. Sam Park) Creates a citizen review council to receive complaints regarding state law enforcement agencies. (Status: Assigned to House Public Safety & Homeland Security)
  • HB 438 (Sponsor: Rep. Dar’shun Kendrick) – Prevents any law enforcement officers with emergency suspension orders against them from exercising the powers of a law enforcement officer (Status: Assigned to House Public Safety & Homeland Security)
  • HB 505 (Sponsor: Rep. Bee Nguyen) – Revises self-defense laws to establish the duty to retreat when defending oneself or others outside the home (Status: Assigned to House Judiciary Non-Civil)
  • SB 254 (Sponsor: Sen. Tonya Anderson) – Revises self-defense laws to establish the duty to retreat when defending oneself or others outside the home (Status: Assigned to Senate Judiciary)

Repealing the Death Penalty

  • HB 485 (Sponsor: Rep. Beth Moore) – Prohibits the use of capital punishment and replaces current death penalty sentences with life without parole (Status: Assigned to House Judiciary Non-Civil)
  • HB 1426 (Sponsor: Rep. Beth Moore) – Lowers the standard of proof for determining intellectual disability in capital cases to preponderance of the evidence (Status: Assigned to House Judiciary Non-Civil – Subcommittee hearing on 3/1/2022)

Mitigating Harm to Incarcerated People  

  • HR 165 (Sponsor: Rep. Josh McLaurin) – Creates a standing committee with authorization to investigate conditions and safety concerns within the facilities of the Department of Corrections (Status: Assigned to House Public Safety & Homeland Security)
  • HB 852 (Sponsor: Rep. Sandra Scott) Requires an officer in charge to produce reports in response to requests for information related to the health, safety, or other conditions of detention of incarcerated people (Status: Assigned to House Public Safety & Homeland Security)
  • HB 1050 (Sponsor: Rep. Rebecca Mitchell) Requires market wages for incarcerated people’s labor (Status: Assigned to House Public Safety & Homeland Security)
  • HB 1051 (Sponsor: Rep. Rebecca Mitchell) Requires annual reporting on labor done by incarcerated people (Status: Assigned to House Public Safety & Homeland Security)
  • HB 1092 (Sponsor: Rep. Sharon Cooper) – Mandates deferral of sentences for pregnant women (Status: Passed by House Health & Human Services on 2/8/2022)

Improving Indigent Defense

  • HB 478 (Sponsor: Rep. Bonnie Rich) – Strengthens the standard for expert testimony in criminal cases (Status: Assigned to Senate Judiciary)

Fighting Mass Incarceration  

  • HB 12 (Sponsor: Rep. Sandra Scott) – Classifies 2 ounces or less of marijuana as a misdemeanor offense punishable only by a fine up to $300; reduces the maximum penalty for felony possession, purchase, and selling from 10 years to 5 years. (Status: Assigned to House Judiciary Non-Civil)
  • HB 190 (Sponsor: Rep. Scott Holcomb) – Prohibits use of private prisons. (Status: Assigned to House Public Safety & Homeland Security)
  • HB 272 (Sponsor: Rep. Mandi Ballinger) – Raises the age of juvenile court jurisdiction to include 17-year-olds. (Status: Recommitted to Senate Judiciary)
  • SB 77 (Sponsor: Sen. Harold Jones) – Reduces the maximum penalty for possession of no more than 2 ounces of marijuana. (Status: Assigned to Senate Judiciary)
  • SB 501 (Sponsor: Sen. Brian Strickland) – Authorizes reduction of an incarcerated person’s sentence upon a motion by the prosecuting attorney (Status: Hearing only in Senate Judiciary on 2/28/2022)

Eliminating Barriers to Reentry  

  • HB 101/HR 28 (Sponsor: Rep. Josh McLaurin) – Ends felony disenfranchisement. (Status: Assigned to House Special Committee on Election Integrity)
  • HB 330 (Sponsor: Rep. Bill Werkheiser) – Allows the Department of Driver Services to waive driver’s license reinstatement fees (Status: Assigned to House Motor Vehicles)
  • HB 335 (Sponsor: Rep. Gregg Kennard) – Caps felony probation at 2 years (Status: Assigned to House Judiciary Non-Civil)
  • HB 446 (Sponsor: Rep. Gregg Kennard) – Requires the Department of Corrections to work with the Department of Community Services to issue identification cards to people who lack them when released from periods of incarceration longer than 6 months (Status: Assigned to House Public Safety & Homeland Security)
  • HB 833 (Sponsor: Rep. Bee Nguyen) – “Freedom to Drive Act” – Allows for the issuance of a driving card to individuals who are ineligible for a temporary license, permit, or special identification card (Status: Assigned to House Motor Vehicles)
  • SB 79 (Sponsor: Sen. Harold Jones) – Enumerates offenses constituting a felony involving moral turpitude. (Status: Assigned to Senate Judiciary)
  • SB 161 (Sponsor: Sen. Kim Jackson) – Requires that GDC or private correctional facilities produce a digitized photograph of a person within 60 days of their release, as well as assist them with acquiring a copy of their birth certificate, and state ID, with certain exceptions (Status: Assigned to Senate Public Safety)
  • SB 248 (Sponsor: Sen. Tonya Anderson) – Caps probation sentences at five years and eliminates mandatory lifetime probation for certain offenses (Status: Assigned to Senate Judiciary)
  • SB 257 (Sponsor: Sen. Tonya Anderson) – Expands criminal record restriction (Status: Assigned to House Judiciary Non-Civil)

SCHR Opposes: 

Exacerbating State-Sanctioned Violence

  • SB 171 (Sponsor: Sen. Randy Robertson) – Enhances criminal penalties for protestors involved in “unlawful assemblies”; creates an affirmative defense for people who injure or kill protestors blocking roadways; waives sovereign immunity to allow suits against local governments for damages resulting from protests (Status: Scheduled for hearing in Senate Judiciary on 3/1/2022) (Language attached to HB 289, sponsored by Rep. David Belton and assigned to Senate Public Safety)

Expanding Mass Incarceration

  • HB 194 (Sponsor: Rep. Steven Sainz) – Provides for lifetime probation for people convicted of a sex offense. (Status: Recommitted to Senate Judiciary)
  • HB 288 (Sponsors: Dave Belton) – Requires individuals to serve a minimum period of incarceration before being eligible for parole consideration. (Status: Assigned to House Judiciary Non-Civil)
  • HB 1134 (Sponsor: Rep. Chuck Efstration) – Creates concurrent jurisdiction over gang investigations and prosecutions for local agencies and the AG, and authorizes the AG to employ peace officers for this purpose (Status: Assigned to Senate Judiciary)
  • SB 359 (Sponsor: Sen. John Albers) – “Safe and Secure Georgia Act” – Imposes mandatory minimum sentences; expands venue for gang cases; and GBI’s powers (Status: Passed Senate Judiciary and eligible for vote by full Senate)
  • SB 504 (Sponsor: Sen. Randy Robertson) – Redefines “bail restricted offense” to include all felonies (Status: Assigned to Senate Judiciary)

SCHR Monitors: 

State-Sanctioned Violence

  • HB 15 (Sponsor: Rep. Sandra Scott) – Preventing Tragedies Between Police and Communities Act.   (Status: Assigned to House Public Safety & Homeland Security)
  • HB 16 (Sponsor: Rep. Sandra Scott) – The Stop Militarizing Law Enforcement Act.  (Status: Assigned to House Public Safety & Homeland Security)
  • HB 17 (Sponsor: Rep. Sandra Scott) – The End Racial Profiling Act (Status: Assigned to House Judiciary Non-Civil)
  • HB 18 (Sponsor: Rep. Sandra Scott) – The Police Accountability Act (Status: Assigned to House Judiciary Non-Civil)  
  • HB 20 (Sponsor: Rep. Sandra Scott) Creates civil liability for medical examiners who conduct examinations of deaths caused by peace officers. (Status: Assigned to House Judiciary)
  • HB 21 (Sponsor: Rep. Sandra Scott) – Expands the offense of ‘unlawful conduct during a 9-1-1 call to include calls motivated by racial bias. (Status: Assigned to House Judiciary Non-Civil)
  • HB 35 (Sponsor: Rep. Sandra Scott) – “Ethical Policing Act”; Creates a uniform form by the Attorney General for use in recording complaints alleging police misconduct and disciplinary actions; requires the convening of citizens review boards; establishes police misconduct for unethical practices; provides transparency and oversight (Status: Assigned to House Public Safety & Homeland Security)
  • HB 145 (Sponsor: Rep. William Boddie) – Regulates law enforcement use of force. (Status: Assigned to House Judiciary Non-Civil)
  • HB 175 (Sponsor: Rep. William Boddie) – Creates the crime of aggravated strangulation by a peace officer. (Status: Assigned to House Judiciary Non-Civil)
  • HB 232 (Sponsor: Rep. Derrick Jackson) – Repeals the procedure for indictment or special presentment of a peace officer. (Status: Assigned to Judiciary Non-Civil)
  • HB 528 (Sponsor: Rep. Yasmin Neal) – Creates a new crime for a law enforcement officer who fails to provide assistance to someone injured by another law enforcement officer (Status: Assigned to House Public Safety & Homeland Security)
  • HB 571 (Sponsor: Rep. Yasmin Neal) – Requires POST to develop a training for mental health operatives working with law enforcement (Status: Assigned to House Public Safety & Homeland Security)
  • HB 789 (Sponsor: Rep. Marvin Lim) – Requires GPSTC to offer training on criminal response, crisis intervention, and proactive  outreach in languages other than English (Status: Assigned to House Public Safety & Homeland Security)
  • HB 968 (Sponsor: Rep. Sandra Scott) – Requires diversity and ethics training for peace officers and other first responders (Status: Assigned to House Public Safety & Homeland Security)
  • HB 1046 (Sponsor: Re. Sandra Scott) – Requires implicit bias training for peace officers (Status: Assigned to House Public Safety & Homeland Security)
  • HB 1225 (Sponsor: Rep. Carl Gilliard) – Requires the Department of Public Safety to publish guidelines regarding the repeal of citizen’s arrest (Status: Assigned to House Public Safety & Homeland Security)
  • SB 115 (Sponsor: Sen. Randy Robertson) Provides for an instructional course or presentation educating drivers and the public on the best practices to implement when interacting with law enforcement officers (Status: Senate vote to agree to House substitute failed on March 31, 2021)
  • SB 121 (Sponsor: Sen.  Gloria Butler) – Expands the offense of perjury to include false statements made in police reports by law enforcement officers (Status: Assigned to Senate Judiciary)
  • SB 124 (Sponsor: Sen. Gloria Butler) – Provides a duty to intervene for law enforcement officers (Status: Assigned to Senate Public Safety)
  • SB 125 (Sponsor: Sen. Gloria Butler) – Prohibits officers using kinetic impact projectiles in the use of force (Status: Assigned to Senate Public Safety)
  • SB 126 (Sponsor: Sen. Gloria Butler) – Removes certain immunities from the actions of certain law enforcement officers (Status: Assigned to Senate Judiciary)
  • SB 127 (Sponsor: Sen. Gloria Butler) – Establishes basic and in-service training courses on post-traumatic stress disorder (Status: Assigned to Senate Public Safety)
  • SB 128 (Sponsor: Sen. Nikki Merritt) – Creates the Georgia Law Enforcement Citizen Review Council (Status: Assigned to Senate Public Safety)
  • SB 129 (Sponsor: Sen. Harold Jones) – Requires that certain peace officers be equipped with audio and video recording devices for recording all activities while on duty (Status: Assigned to Senate Public Safety)
  • SB 130 (Sponsor: Sen. Sally Harrell) – Prohibits the possession of certain property from the United States Department of Defense by certain local law enforcement agencies (Status: Assigned to Senate Judiciary)
  • SB 131 (Sponsor: Sen. Harold Jones) – Provides for the appointment of a prosecuting attorney when the accused is a law enforcement officer charged with a felony or an act of family violence (Status: Assigned to Senate Judiciary)
  • SB 132 (Sponsor: Sen. Gloria Butler) – Prohibits officers from use of force maneuvers that restrict blood or oxygen flow to the brain (Status: Assigned to Senate Public Safety)
  • SB 133 (Sponsor: Sen. Gail Davenport) – Revises provisions regarding the issuances of search warrants and the use of force in executing a search warrant (Status: Assigned to Senate Judiciary)
  • SB 134 (Sponsor: Sen. Sheikh Rahman) – Requires policies that prohibit law enforcement officers from using race or ethnicity in determining whether to stop a motor vehicle (Status: Assigned to Senate Public Safety)
  • SB 135 (Sponsor: Sen. Gloria Butler) – Repeals the provision regarding no duty to retreat prior to the use of force (Status: Assigned to Senate Judiciary)
  • SB 138 (Sponsor: Sen. Gail Davenport) – Provides a standard by which state, county, and local law enforcement agencies engage in vehicular pursuits (Status: Assigned to Senate Public Safety)
  • SB 183 (Sponsor: Sen. Randy Robertson) – Revises the qualifications for the office of sheriff so that candidates must be in good standing with the Georgia Peace Officer Standards and Training Council. Defines “in good standing” (Status: Assigned to House Public Safety & Homeland Security)

Criminalization of Poverty

  • HB 713 (Sponsor: Rep. Katie Dempsey) – Imposes multiple restrictions on local spending related to housing and services for people experiencing homelessness (Status: Assigned to House Public Safety & Homeland Security)
  • SB 461 (Sponsor: Sen. Clint Dixon) – Adds human trafficking to list of bail-restricted offenses (Status: Assigned to House Judiciary Non-Civil)

Conditions

  • HB 678 (Sponsor: Rep. David Wilkerson) – Provides for reporting requirements and death investigations (Status: Assigned to House Public Safety & Homeland Security)
  • HB 851 (Sponsor: Rep. Sandra Scott) – Requires a mental health evaluation within 48 hours after a person is taken into custody at a penal institution (Status: Assigned to House Public Safety & Homeland Security)
  • HB 853 (Sponsor: Rep. Sandra Scott) – Permits a court to order a sentence involving placement in a residential treatment facility or treatment at a penal institution for a person with a diagnosed serious mental illness, upon petition of the person convicted (Status: Assigned to House Judiciary Non-Civil)
  • HB 900 (Sponsor: Rep. Kim Schofield) – Waives exemption for the Board of Corrections and its penal institutions from Administrative Procedure Act (Status: Assigned to House Public Safety & Homeland Security)(identical to HB 1137, sponsored by Rep. Bill Werkheiser and assigned to House Public Safety & Homeland Security)
  • HB 929 (Sponsor: Rep. Shelly Hutchinson) – Allows a person to be placed in solitary confinement only in a medical unit and requires documentation of justification for and duration of solitary confinement (Status: Assigned to House Public Safety & Homeland Security)
  • HB 1047 (Sponsor: Rep. Sandra Scott) – Limits use of solitary confinement and physical restraints, requires monthly reporting on the numbers of deaths, assaults, and other incidents (Status: Assigned to House Public Safety & Homeland Security)

Mass Incarceration

  • HB 47 (Sponsors: Rep. Carl Gilliard) – Creates the Gang Prevention and Intervention Commission.  (Status: Assigned to House Public Safety & Homeland Security)
  • HB 308 (Sponsors: Matthew Wilson) – Allows counties to adopt ordinances governing the possession of one ounce or less of marijuana. (Status: Assigned to House Judiciary Non-Civil)
  • HB 411 (Sponsor: Rep. Joseph Gullett) – Creates the Prosecuting Attorneys Oversight Commission (Language attached to SB 218, sponsored by Sen. Larry Walker; Senate vote to agree to House substitute failed on March 31, 2021)
  • HB 677 (Sponsor: Rep. Stan Gunter) – Provides for the exercise of law enforcement authority by certain officers involved in school related activities (Status: Assigned to House Public Safety & Homeland Security)
  • HB 728 (Sponsor: Rep. Donna McLeod) – Prevents private corporations from operating detention facilities (Status: Assigned to House Public Safety & Homeland Security)
  • HB 809 (Sponsor: Rep. Viola Davis) – Authorizes local governments to adopt ordinances governing possession of less than an ounce of marijuana and limits penalty to $1000 fine (Status: Assigned to House Judiciary Non-Civil)
  • HB 1013, (Sponsor: House Speaker David Ralston) – Implements the various recommendations of the Georgia Behavioral Health Reform and Innovation Commission (Status: Assigned to House Health & Human Services)
  • HB 1216 (Sponsor: Rep. Lauren McDonald) – Enhances penalties for fleeing or attempting to elude a police officer (Status: Assigned to House Public Safety & Homeland Security)
  • SB 312 (Sponsor: Sen. Jennifer Jordan) – The “Georgia Restoring Justice Act” – Creates a cause of action for individuals who are eligible to file a claim against the State of Georgia for an erroneous felony conviction. (Status: Assigned to Senate Judiciary)
  • SB 479 (Sponsor: Sen. Bo Hatchett) – Requires that each firearm be counted as a separate offense in a case involving unlawful possession of a firearm by a person with a felony conviction (Status: Passed by the Senate)