Bill Text: GA HB850 | 2011-2012 | Regular Session | Comm Sub
Bill Title: Guardian and ward; criminal background checks for persons seeking to become a guardian; provide
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-03-19 - Senate Read Second Time [HB850 Detail]
Download: Georgia-2011-HB850-Comm_Sub.html
12 LC 29
5129S
House
Bill 850 (COMMITTEE SUBSTITUTE)
By:
Representatives Harrell of the
106th,
Willard of the
49th,
Oliver of the
83rd,
and Holcomb of the
82nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 29 of the Official Code of Georgia Annotated, relating to guardian
and ward, so as to provide for matters relevant to guardians generally; to
provide for an exemption from liability for persons who comply with a Physician
Order for Life-sustaining Treatment; to provide for criminal background checks
for persons seeking to become a guardian or conservator; to provide for a
definition; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
29 of the Official Code of Georgia Annotated, relating to guardian and ward, is
amended by revising subsection (k) of Code Section 29-4-18, relating to
definitions, requirements, and termination of temporary medical consent
guardianship, by adding a new paragraph to read as follows:
"(3)
Any person who acts in good faith in accordance with a Physician Order for
Life-sustaining Treatment developed pursuant to subsection (l) of this Code
section shall have all of the immunity granted pursuant to Code Section
31-32-10."
SECTION
2.
Said
title is further amended by adding a new Code section to read as
follows:
"29-9-19.
(a)
As used in this Code section, the term 'criminal history record information'
means information collected by criminal justice agencies on individuals
consisting of identifiable descriptions and notations of arrests, detentions,
indictments, accusations, information, or other formal charges, and any
disposition arising therefrom, sentencing, correctional supervision, and
release.
(b)
The court may require a petitioner seeking to become a guardian or conservator,
or a nominated guardian or conservator if such person is different from the
petitioner, to submit to a criminal history records check. The petitioner or
nominee shall submit his or her fingerprints to the Georgia Crime Information
Center with the appropriate fee. The Georgia Crime Information Center shall
promptly transmit the fingerprints to the Federal Bureau of Investigation for a
search of its records and shall obtain a report containing criminal history
record information. The Georgia Crime Information Center shall also promptly
conduct a search of its records and any records to which it has access. The
Georgia Crime Information Center shall provide a report of the petitioner's or
nominee's criminal history record information to the court for its consideration
in determining the suitability of the petitioner or nominee to serve as a
guardian or
conservator."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.