Bill Text: GA SB246 | 2009-2010 | Regular Session | Engrossed
Bill Title: Courts; provide notice of the release of child from detention under certain circumstances; definitions
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2009-05-04 - Effective Date [SB246 Detail]
Download: Georgia-2009-SB246-Engrossed.html
09 LC 29
3773
Senate
Bill 246
By:
Senators Balfour of the 9th, Hawkins of the 49th, Unterman of the 45th and
Johnson of the 1st
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 5 of Article 1 of Chapter 11 of Title 15 of the Official Code of
Georgia Annotated, relating to arrest and detention, so as to provide notice of
the release of a child from detention under certain circumstances; to provide
for definitions; to provide for related matters; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
5 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to arrest and detention, is amended by adding a new Code
section to read as follows:
"15-11-51.
(a)
As used in this Code section, the term:
(1)
'Notice' shall have the same meaning as set forth in Code Section
17-17-3.
(2)
'Victim' shall have the same meaning as set forth in Code Section
17-17-3.
(3)
'Violent delinquent act' means the commission, attempt to commit, conspiracy to
commit, or solicitation of another to commit a delinquent act which if committed
by an adult would constitute:
(A)
A serious violent felony as defined by Code Section 17-10-6.1;
(B)
A designated felony as defined by Code Section 15-11-63;
(C)
Stalking or aggravated stalking as provided by Article 7 of Chapter 5 of Title
16; or
(D)
Any attempt to commit, conspiracy to commit, or solicitation of another to
commit an offense enumerated in subparagraphs (A) through (C) of this
paragraph.
(b)
If a child accused of a violent delinquent act is detained pending adjudication
as provided by Code Sections 15-11-46.1 and 15-11-47, the Department of Juvenile
Justice shall provide notice to the victim that such child is to be released
from detention not less than 24 hours prior to such child's release from
detention.
(c)
Not less than 48 hours prior to the release from detention of a child who has
been adjudicated to have committed a violent delinquent act, the Department of
Juvenile Justice shall provide notice to the victim of such pending
release.
(d)
Notification need not be given unless the victim has expressed a desire for such
notification and has provided the Department of Juvenile Justice with a current
address and telephone number. It shall be the duty of the Department of
Juvenile Justice to advise the victim of his or her right to notification and of
the requirement of the victim's providing a landline telephone number other than
a pocket pager or electronic communication device number to which such
notification shall be
directed."
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.
