Bill Text: GA HB163 | 2011-2012 | Regular Session | Introduced


Bill Title: General Assembly; redistricting plans; include and exclude prisoner population; provide

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2011-02-07 - House Second Readers [HB163 Detail]

Download: Georgia-2011-HB163-Introduced.html
11 LC 28 5367
House Bill 163
By: Representatives Dawkins-Haigler of the 93rd, Mayo of the 91st, Beasley-Teague of the 65th, Stephenson of the 92nd, Heard of the 114th, and others

A BILL TO BE ENTITLED
AN ACT


To amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, so as to provide for the inclusion and exclusion of certain prisoners in population counts when redistricting plans are created; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, is amended by adding a new Code section to read as follows:
"28-1-18.
(a) The population count used after each decennial census for the purpose of creating the congressional districting plan used to elect the state's representatives in Congress:
(1) Shall not include individuals who:
(A) Were incarcerated in state or federal correctional facilities, as determined by the United States decennial census; and
(B) Were not residents of the State of Georgia before their incarceration; and
(2) Shall count individuals incarcerated in state or federal correctional facilities in this state, as determined by the United States decennial census, at their last known residence before incarceration if the individuals were residents of the State of Georgia.
(b) The population count used after each decennial census for the purpose of creating the legislative districting plan for the General Assembly:
(1) Shall not include individuals who:
(A) Were incarcerated in state or federal correctional facilities, as determined by the United States decennial census; and
(B) Were not residents of the State of Georgia before their incarceration; and

(2) Shall count individuals incarcerated in state or federal correctional facilities, as determined by the United States decennial census, at their last known residence before incarceration if the individuals were residents of the State of Georgia.
(c) The population count used after each decennial census for the purpose of creating districts that are used to elect the governing body of a county or a municipal corporation:
(1) Shall not include individuals who:
(A) Were incarcerated in state or federal correctional facilities, as determined by the United States decennial census; and
(B) Were not residents of the State of Georgia before their incarceration; and
(2) Shall count individuals incarcerated in state or federal correctional facilities, as determined by the United States decennial census, at their last known residence before incarceration if the individuals were residents of the State of Georgia."

SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
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