Bill Text: GA HB265 | 2011-2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 2011 Special Council on Criminal Justice Reform for Georgians; Joint Committee; create
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2011-04-22 - Effective Date [HB265 Detail]
Download: Georgia-2011-HB265-Comm_Sub.html
Bill Title: 2011 Special Council on Criminal Justice Reform for Georgians; Joint Committee; create
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2011-04-22 - Effective Date [HB265 Detail]
Download: Georgia-2011-HB265-Comm_Sub.html
11 LC 29
4629S
The
House Committee on Judiciary Non-civil offers the following substitute to HB
265:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 28 of the Official Code of Georgia Annotated, relating to the
Georgia General Assembly, so as to create the 2011 Special Council on Criminal
Justice Reform for Georgians and the Special Joint Committee on Georgia Criminal
Justice Reform; to provide for related matters; to provide for legislative
intent; to provide for an automatic repeal; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
28 of the Official Code of Georgia Annotated, relating to the General Assembly,
is amended by adding a new chapter to read as follows:
"CHAPTER
13
28-13-1.
The
General Assembly finds and determines that:
(1)
It has been many years since there has been a systematic study of the State of
Georgia's correctional system and criminal justice structure and there exists a
need for such study today;
(2)
A study of Georgia's criminal justice and correctional system is necessary to
enhance public safety, reduce victimization, hold offenders more accountable,
enhance probation and parole supervision, and better manage a growing prison
population through increasing public safety, improving rehabilitation, and
lowering state expense;
(3)
Such a study and the formulation of recommendations for criminal justice
structural changes can best be carried out through an established council;
and
(4)
Enactment of council recommendations, if deemed appropriate at the 2012 session
of the General Assembly, is best carried out through a deliberative and specific
legislative process.
28-13-2.
(a)
There is created the 2011 Special Council on Criminal Justice Reform for
Georgians (hereinafter 'council') which shall consist of 11 members as
follows:
(1)
The Governor or his or her designee;
(2)
One member appointed by the Governor;
(3)
Three members appointed by the Speaker of the House of Representatives, one of
whom shall be a member of the minority party;
(4)
Three members appointed by the Lieutenant Governor, one of whom shall be a
member of the minority party;
(5)
The Chief Justice of the Supreme Court of Georgia or his or her designee;
and
(6)
Two members of the judicial branch, to be appointed by the Chief Justice of the
Supreme Court of Georgia.
(b)
A chairperson shall be selected by a majority vote of the members of the
council. A quorum of the council shall consist of seven members. Any member of
the council unable to serve shall be replaced in the same manner in which the
original appointment was made.
(c)
All departments and agencies of the state, including the Department of
Corrections and State Board of Pardons and Paroles, shall, upon request of the
council or the Governor, provide requested services, information, and technical
support, notwithstanding any other law to the contrary.
(d)
Members of the council shall receive no compensation for their services, except
that any member may be reimbursed for actual expenses incurred in the
performance of their duties by the agency or department in which they serve as
an official or employee.
(e)
The council shall conduct a thorough study of the state's current criminal
justice structure and make a report of its findings and recommendations for
legislation to the Governor, Lieutenant Governor, Speaker of the House of
Representatives, and Chief Justice of the Supreme Court no later than November
1, 2011.
28-13-3.
(a)
There is created the Special Joint Committee on Georgia Criminal Justice Reform
(hereinafter 'joint committee') which shall consist of 17 members as
follows:
(1)
The President Pro Tempore of the Senate and Speaker Pro Tempore of the House of
Representatives;
(2)
The majority leader of the Senate and the majority leader of the House of
Representatives;
(3)
The minority leader of the Senate and the minority leader of the House of
Representatives;
(4)
The chairpersons of the Senate Judiciary Committee, the House Committee on
Judiciary, and the House Committee on Judiciary, Non-civil;
(5)
The chairpersons of the Senate State Institutions and Property Committee and the
House Committee on State Institutions and Property;
(6)
Three members of the Senate to be appointed by the Lieutenant Governor, one of
whom shall be a member of the minority party; and
(7)
Three members of the House of Representatives to be appointed by the Speaker of
the House of Representatives, one of whom shall be a member of the minority
party.
(b)(1)
The chairpersons of the Senate Judiciary Committee and the House Committee on
Judiciary, Non-civil shall serve as cochairpersons of the joint committee. A
quorum of the joint committee shall consist of nine members.
(2)
During the 2012 session of the General Assembly, the chairperson of the joint
committee who is a member of the House of Representatives shall cause to be
introduced in the House of Representatives one or more bills or resolutions
incorporating the recommendations of the council, and such legislation shall,
after its introduction, be referred by the Speaker of the House of
Representatives only to the joint committee and no other committee of the House
of Representatives.
(3)
If one or more bills or resolutions referred by the joint committee are passed
by the House of Representatives, the measure or measures shall then be in order
for consideration by the Senate at any time fixed by the President of the
Senate, and such legislation shall, after its introduction, be referred by the
President of the Senate only to the joint committee and no other committee of
the Senate.
(4)
The rules of the Senate and the House of Representatives for the 2012
legislative session may contain provisions necessary or appropriate to comply
with the legislative process specified by this Code section.
28-13-4.
This
chapter shall stand repealed by operation of law on July 1,
2012."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.