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Post-Session Wrap-Up: Final 2022 Legislative Update

The Georgia General Assembly adjourned sine die on Monday, April 4, ending the 2021-2022 legislative session. Bills that were passed by both the House and the Senate are headed to the governor’s desk for his approval or veto. The governor has 40 days from Sine Die to veto any legislation, and bills that he doesn’t veto will become law, usually effective on July 1, 2022. Any bills that did not receive final passage can be introduced when the legislature reconvenes on January 9, 2023. Read on to learn more about the bills we tracked this session:

Bills SCHR Opposes:

  • Criminalizing poverty & protest: Thanks to the efforts of community members, organizers, and stakeholders, neither SB 504 nor SB 171 saw final passage before the Sine Die deadline. SB 504 would have compromised public safety by mandating cash bail for all felonies, and SB 171 would have criminalized lawful protest and authorized violence against protesters. SCHR is so grateful to our community of advocates who mobilized against these regressive and harmful bills!
  • Expanding mass incarceration: Two additional bills that would have exacerbated mass incarceration also failed before the Sine Die deadline. SB 382 was amended at the last minute to include language from HB 194 to allow judges to impose lifetime prison or probation sentences for sex offenses. However, the Senate did not agree to the changes made by the House before they adjourned on Monday. SB 359 would have imposed mandatory minimum sentences for certain offenses, expanded the reach of the Georgia Bureau of Investigation, and slowed the resolution of criminal proceedings. However, SB 359 was never passed by the House and so will not become law.

Bills SCHR Supports:

  • Ending prison birth: HB 1092, brought forth by RestoreHER, would have created a path for pregnant women who have been sentenced to incarceration to begin their prison sentences only after giving birth. This important policy change acknowledges the trauma experienced by women who are forced to give birth while incarcerated and seeks to end the practice. Unfortunately, while the bill was scheduled for a final vote in the Senate on Sine Die, it was not called up for a vote before the chamber adjourned. SCHR looks forward to supporting our partners to ensure this policy becomes law in 2023.
  • Raising the age: HB 272, raising the upper age of juvenile court jurisdiction to 17, was passed by the House in 2021 but stalled in the Senate. A week before Sine Die this year, the Senate Judiciary Committee passed an amended version of the bill that would have established a committee to study the possibility of raising the age in the future. Unfortunately, HB 272 was never scheduled for a final vote in the Senate.
  • Improving indigent defense: HB 478 will raise the standard for admitting scientific evidence during criminal trials. This bill, authored by GACDL, will increase the likelihood that criminal proceedings are based on reliable evidence and not junk science. HB 478 was passed by the Senate on March 30 and is now awaiting the governor’s signature.

We look forward to working with our partners in the coming months to prepare for the 2023-2024 legislative session and to continue the fight to end mass incarceration and the criminalization of poverty, repeal the death penalty, and reduce the harm experienced by people impacted by the criminal legal system.

Read on to learn the post-session status of all the bills we tracked this session.

SCHR Supports:

Mitigating Harm to Incarcerated People  

  • HB 1092 (Sponsor: Rep. Sharon Cooper) – Mandates deferral of sentences for pregnant women (Status: Not passed)

Improving Indigent Defense

  • HB 478 (Sponsor: Rep. Bonnie Rich) – Strengthens the standard for expert testimony in criminal cases (Status: Passed by the House & the Senate – Awaiting the governor’s signature)

Fighting Mass Incarceration  

  • HB 272 (Sponsor: Rep. Mandi Ballinger) – Raises the age of juvenile court jurisdiction to include 17-year-olds. (Status: Not passed)

Eliminating Barriers to Reentry  

  • SB 257 (Sponsor: Sen. Tonya Anderson) – Expands criminal record restriction (Status: Not passed)
  • SB 353 (Sponsor: Sen. Bruce Thompson) – Strengthens judicial discretion over driver’s license suspensions and reinstatement (Status: Not passed)
  • SB 10 (Sponsor: Sen. Emanuel Jones) – Amended to include provisions from SB 353 – Strengthens judicial discretion over driver’s license suspensions and reinstatement (Status: Passed by the House & the Senate – Awaiting the governor’s signature)

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: Not passed)

Criminalizing Poverty

  • SB 504 (Sponsor: Sen. Randy Robertson) – Redefines “bail restricted offense” to include all felonies (Status: Not passed)

Expanding Mass Incarceration

  • SB 382 (Sponsor: Sen. Randy Robertson) – Allows judges to impose lifetime prison or probation sentences for people convicted of a sex offense (Status: Not passed)
  • HB 194 (Sponsor: Rep. Steven Sainz) – Mandates lifetime prison or probation sentences for people convicted of a sex offense. (Status: Not passed)
  • 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: Passed by the House & the Senate – Awaiting the governor’s signature)
  • 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: Not passed)

SCHR Monitors:

State-Sanctioned Violence

  • HB 1004 (Sponsor: Rep. Mesha Mainor) – Permits colleges to enter “united police force agreements” to extend authority of campus policemen to other college campuses (Status: Not passed)
  • 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: Not passed)

Criminalization of Poverty

  • SR 659 (Sponsor: Sen. Carden Summers) – Creates the Senate Study Committee on Unsheltered Homelessness (Status: Adopted by the Senate)
  • HR 1042 (Sponsor: Rep. Katie Dempsey) – Creates the House Study Committee on Unsheltered Homelessness (Status: Not passed)

Indigent Defense

  • HB 1391 (Sponsor: Rep. Stan Gunter) – Provides that circuit defenders receive a salary equal to that of a district attorney (Status: Passed by the House & the Senate – Awaiting the governor’s signature)

Mass Incarceration

  • HB 411/SB 218 (Sponsor: Rep. Joseph Gullett/Sen. Larry Walker) – Creates the Prosecuting Attorneys Oversight Commission (Status: Not passed)
  • HB 1013, (Sponsor: House Speaker David Ralston) – Implements the various recommendations of the Georgia Behavioral Health Reform and Innovation Commission (Status: Signed by the governor on April 4, 2022)
  • HB 1216 (Sponsor: Rep. Lauren McDonald) – Enhances penalties for fleeing or attempting to elude a police officer (Status: Passed by the House & the Senate – Awaiting the governor’s signature)

onsor: House Speaker David Ralston) – Implements the various recommendations of the Georgia Behavioral Health Reform and Innovation Commission (Status: Signed by the governor on April 4, 2022)
HB 1216 (Sponsor: Rep. Lauren McDonald) – Enhances penalties for fleeing or attempting to elude a police officer (Status: Passed by the House & the Senate – Awaiting the governor’s signature)