Bill Text: GA HB1078 | 2011-2012 | Regular Session | Introduced

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Bill Title: Courts; orders of delinquency for children who are victims of sexual abuse or sexual trafficking; provide for modification

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-02-22 - House Second Readers [HB1078 Detail]

Download: Georgia-2011-HB1078-Introduced.html

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12 LC 35 2538

House Bill 1078

By: Representatives Neal of the 1st and Purcell of the 159th

A BILL TO BE ENTITLED
AN ACT

To amend Part 4 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to commencement and conduct of juvenile proceedings in courts, so as to provide for the modification of orders of delinquency for children who are victims of sexual abuse or sexual trafficking; to amend Part 8 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to access to juvenile court records and hearings, so as to provide for the sealing of court records for children who are victims of sexual abuse or sexual trafficking; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Part 4 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to commencement and conduct of juvenile proceedings in courts, is amended in Code Section 15-11-40, relating to modification or vacation of orders, revocation of probation, petition, and hearing and notice, as follows:

"15-11-40.

(a) An order of the court shall be set aside if:

(1) It appears that it was obtained by fraud or mistake sufficient therefor in a civil action;

(2) The court lacked jurisdiction over a necessary party or of the subject matter; or

(3) Newly discovered evidence so requires.

(b) An order of the court may also be changed, modified, or vacated on the ground that changed circumstances so require in the best interest of the child, except an order committing a delinquent child to the Department of Juvenile Justice, after the child has been transferred to the physical custody of the Department of Juvenile Justice, or an order of dismissal. An order granting probation to a child found to be delinquent or unruly may be revoked on the ground that the conditions of probation have not been observed.

(c) An order of adjudication of delinquency by a court may also be modified or vacated if the child was adjudicated delinquent for a sexual crime as such term is defined by Code Section 16-3-6 and such crime resulted from the child being:

(1) Trafficked for sexual servitude in violation of Code Section 16-5-46; or

(2) A victim of sexual exploitation as such term is defined by Code Section 49-5-40.

(d) Any party to the proceeding, the probation officer, or any other person having supervision or legal custody of or an interest in the child may petition the court for the relief provided in this Code section. The petition shall set forth in clear and concise language the grounds upon which the relief is requested.

(d)(e) After the petition is filed, the court shall fix a time for hearing and shall cause notice to be served, as a summons is served under Code Section 15-11-39.1, on the parties to the proceeding or those affected by the relief sought. After the hearing, which may be informal, the court shall deny or grant relief as the evidence warrants."

SECTION 2.

Part 8 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to access to juvenile court records and hearings, is amended in Code Section 15-11-79.2, relating to sealing of records, grounds, notice and hearing, effect of order, and limitation on issuing orders, as follows:

"15-11-79.2.

(a) Upon dismissal of a petition or complaint alleging delinquency or unruliness, or, in a case handled through informal adjustment, following completion of the informal adjustment, the court shall order the sealing of the files and records in the case, including those specified in Code Sections 15-11-82 and 15-11-83.

(b) On application of a person who has been adjudicated delinquent or unruly or on the court's own motion, and after a hearing, the court shall order the sealing of the files and records in the proceeding, including those specified in Code Sections 15-11-82 and 15-11-83, if the court finds that:

(1) Two years have elapsed since the final discharge of the person;

(2) Since the final discharge of the person he or she has not been convicted of a felony or of a misdemeanor involving moral turpitude or adjudicated a delinquent or unruly child and no proceeding is pending against the person seeking conviction or adjudication; and

(3) The person has been rehabilitated.

(c) On application of a person who has been adjudicated delinquent or on the court's own motion, and after a hearing, the court shall order the sealing of the files and records in the proceeding, including those specified in Code Sections 15-11-82 and 15-11-83, if the court finds that the child was adjudicated delinquent for a sexual crime as such term is defined by Code Section 16-3-6 and such crime resulted from the child being:

(1) Trafficked for sexual servitude in violation of Code Section 16-5-46; or

(2) A victim of sexual exploitation as such term is defined by Code Section 49-5-40.

(d) Reasonable notice of the hearing required by subsection (b) of this Code section shall be given to:

(1) The district attorney;

(2) The authority granting the discharge if the final discharge was from an institution or from parole; and

(3) The law enforcement officers or department having custody of the files and records if the files and records specified in Code Sections 15-11-82 and 15-11-83 are included in the application or motion.

(d)(e) Upon the entry of the order the proceeding shall be treated as if it had never occurred. All index references shall be deleted and the person, the court, the law enforcement officers, and the departments shall properly reply that no record exists with respect to the person upon inquiry in any matter. Copies of the order shall be sent to each agency or official therein named and shall also be sent to the deputy director of the Georgia Crime Information Center. Inspection of the sealed files and records thereafter may be permitted by an order of the court upon petition by the person who is the subject of the records and only by those persons named in the order or to criminal justice officials upon petition to the court for official judicial enforcement or criminal justice purposes.

(e)(f) The court may seal any record containing information identifying a victim of an act which, if done by an adult, would constitute a sexual offense under Chapter 6 of Title 16."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.