Georgia House of Representatives - 1995/1996 Sessions

HB 176 - Juvenile proceedings; venue; amend provisions

Page Numbers - 1/ 2/ 3

Code Sections - 15-11-15

1. Smith  109th           2. Jenkins  110th


House Comm: Judy       /                Senate Comm: Judy       /               
House Vote: Yeas 164   Nays 0           Senate Vote: Yeas 45  Nays 0            
              ----------------------------------------                          
               House          Action         Senate                             
              ----------------------------------------                          
              1/12/95  Read 1st Time         1/31/95                            
              1/13/95  Read 2nd Time         3/1/95                             
              1/26/95  Favorably Reported    2/28/95                            
              Sub      Committee Amend/Sub                                      
              1/30/95  Read 3rd Time         3/14/95                            
              1/30/95  Passed/Adopted        3/14/95                            
              CS       Comm/Floor Amend/Sub  FA                                 
              3/17/95  Amend/Sub Agreed To                                      
              3/31/95  Sent to Governor                                         
              4/18/95  Signed by Governor                                       
              373      Act/Veto Number                                          
              7/1/95   Effective Date                                           
              ----------------------------------------                          
                                                                                
Code Sections amended: 15-11-15, 15-11-16                                       


HB 176                                             HB 176/AP

      H. B. No. 176 (AS PASSED HOUSE AND SENATE)
      By:  Representatives Smith of the 109th and Jenkins of the
      110th


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 1 of Chapter 11 of Title 15 of the Official
  1- 2  Code of Georgia Annotated, relating to juvenile proceedings,
  1- 3  so as to change the provisions relating to venue in juvenile
  1- 4  proceedings; to provide that a juvenile court judge, an
  1- 5  associate juvenile court judge, a judge pro tempore of the
  1- 6  juvenile court, or any person sitting as a juvenile court
  1- 7  judge may conduct hearings in connection with any proceeding
  1- 8  under this article in any county within the judicial circuit
  1- 9  where such judge presides; to repeal conflicting laws; and
  1-10  for other purposes.

  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-12  Article 1 of Chapter 11 of Title 15 of the Official Code of
  1-13  Georgia Annotated, relating to juvenile proceedings, is
  1-14  amended by striking in its entirety Code Section 15-11-15,
  1-15  relating to venue in juvenile proceedings, and inserting in
  1-16  lieu thereof a new Code Section 15-11-15 to read as follows:

  1-17    "15-11-15. (Index)

  1-18    (a) A proceeding under this article may be commenced in
  1-19    the county in which the child resides.  If delinquent or
  1-20    unruly conduct is alleged, the proceeding may be commenced
  1-21    in the county in which the acts constituting the alleged
  1-22    delinquent or unruly conduct occurred.  If deprivation is
  1-23    alleged, the proceeding may be brought in the county in
  1-24    which the child is present when it is commenced.  A
  1-25    juvenile court judge, an associate juvenile court judge, a
  1-26    judge pro tempore of the juvenile court, or any person
  1-27    sitting as a juvenile court judge may conduct hearings in
  1-28    connection with any proceeding under this article in any
  1-29    county within the judicial circuit.

  1-30    (b) When However, when a superior court judge sits as
  1-31    juvenile court judge, hearings in connection with any
  1-32    proceeding under this article may be heard before the


                             H. B. No. 176
                                 -1- (Index)

                                                   HB 176/AP

  2- 1    judge in any county within the judicial circuit over which
  2- 2    the judge presides."

                         SECTION 2.

  2- 3  Said article is further amended by striking in its entirety
  2- 4  subsection (a) of Code Section 15-11-16, relating to the
  2- 5  transfer to the county of residence for disposition
  2- 6  following an adjudication, and inserting in lieu thereof the
  2- 7  following:

  2- 8    "(a) As used in this Code section, the term:

  2- 9      (1) 'Adjudicating court' means the juvenile court which
  2-10      makes a finding that a child has committed an unruly or
  2-11      delinquent act.

  2-12      (2) 'Nonresident child' means a child who is a resident
  2-13      of a county of this state other than the a county in
  2-14      which  encompassed by the circuit of the adjudicating
  2-15      court sits.

  2-16      (3) 'Resident child' means a child who is a resident of
  2-17      the a county in which encompassed by the circuit of<
  2-18      adjudicating court sits.

  2-19    (b)  Except as provided in subsection (c) of this Code
  2-20    section, if the adjudicating court finds that a
  2-21    nonresident child has committed an unruly or delinquent
  2-22    act, the adjudicating court shall may after adjudication
  2-23    of delinquency or unruliness retain jurisdiction over the
  2-24    disposition of the nonresident child or may transfer the
  2-25    proceeding to the county of the child's residence for
  2-26    disposition.  Like transfer may be made if the residence
  2-27    of the child changes pending the proceeding.  Prior to
  2-28    making any order for disposition of the nonresident child,
  2-29    the adjudicating court shall, if it retains jurisdiction,
  2-30    communicate to the court of the county of the child's
  2-31    residence the fact of the adjudication of delinquency or
  2-32    unruliness.  This communication shall state the date upon
  2-33    which the adjudicating court plans to enter an order for
  2-34    disposition of the nonresident child and shall request any
  2-35    information or recommendations relevant to the disposition
  2-36    of the nonresident child.  Any such recommendation shall
  2-37    be considered by but shall not be binding upon the
  2-38    adjudicating court in making its order for disposition."





                             H. B. No. 176
                                 -2- (Index)

                                                   HB 176/AP

                         SECTION 3.

  3- 1  All laws and parts of laws in conflict with this Act are
  3- 2  repealed.












































                             H. B. No. 176
                                 -3- (Index)