SB 629 - Juvenile Traffic, Watercraft Violations - court jurisdiction
Georgia Senate - 1995/1996 Sessions
SB 629 - Juvenile Traffic, Watercraft Violations - court jurisdiction
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8
1. Gochenour 27th 2. Langford 29th 3. McGuire 30th
4. Glanton 34th
Senate Comm: Judy / House Comm: /
Senate Vote: Yeas Nays
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Senate Action House
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1/25/96 Read 1st time
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Code Sections amended:
SB 629 96 LC 10 1508
SENATE BILL 629
By: Senators Gochenour of the 27th, Langford of the 29th,
McGuire of the 30th and Glanton of the 34th
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 provide that in any case where a person under the
1- 4 age of 17 commits a violation of a law or local ordinance
1- 5 governing the operation of a moving motor vehicle upon the
1- 6 streets or highways of this state or a violation of a law or
1- 7 local ordinance governing the operation of watercraft upon
1- 8 the waterways within or adjoining this state, such case
1- 9 shall be heard and a disposition thereof made in a court
1-10 having jurisdiction over any such violation as provided in
1-11 Title 40 or Chapter 7 of Title 52 in the same manner as if
1-12 such violation had been committed by an adult; to provide
1-13 that in certain cases where a person under the age of 17 is
1-14 convicted of a traffic or watercraft violation and sentenced
1-15 to a period of confinement, the case of such person shall be
1-16 transferred to the juvenile court for an order of placement
1-17 of the child in an appropriate facility; to change the
1-18 definition of a certain term; to change the provisions
1-19 relating to the jurisdiction of the juvenile court; to
1-20 change the provisions relating to the commencement of
1-21 proceedings in the juvenile court; to repeal certain
1-22 provisions relating to the appointment and compensation of
1-23 associate juvenile court traffic judges; to change the
1-24 provisions relating to the inspection of court files and
1-25 records; to repeal conflicting laws; and for other purposes.
1-26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-27 Article 1 of Chapter 11 of Title 15 of the Official Code of
1-28 Georgia Annotated, relating to juvenile proceedings, is
1-29 amended by striking in its entirety subparagraph (A) of
1-30 paragraph (6) of Code Section 15-11-2, relating to
1-31 definitions applicable to said chapter, and inserting in
1-32 lieu thereof a new subparagraph (A) to read as follows:
1-33 "(A) An act designated a crime by the laws of this
1-34 state, or by the laws of another state if the act
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2- 1 occurred in that state, under federal laws, or by
15-11-49 15-11-50 15-11-50 and the crime does not fall under
2- 3 subparagraph (C) of paragraph (12) of this Code
2- 4 section and is not a juvenile traffic offense as
2- 5 defined in or offense involving the operation of a
2- 6 watercraft covered under Code Section 15-11-49;".
SECTION 2.
2- 7 Said article is further amended by striking in its entirety
2- 8 paragraph (1) of subsection (a) of Code Section 15-11-5,
2- 9 relating to the jurisdiction of the juvenile court, and
2-10 inserting in lieu thereof a new paragraph (1) to read as
2-11 follows:
2-12 "(1) Concerning any child:
2-13 (A) Who is alleged to be delinquent;
2-14 (B) Who is alleged to be unruly;
2-15 (C) Who is alleged to be deprived;
2-16 (D) Who is alleged to be in need of treatment or
2-17 commitment as a mentally ill or mentally retarded
2-18 child; or (E) Who is alleged to have committed a juvenile
2-20 traffic offense as defined in Code Section 15-11-49;
2-21 or
2-22 (F)(E) Who has been placed under the supervision of
2-23 the court or on probation to the court; provided,
2-24 however, that such jurisdiction shall be for the sole
2-25 purpose of completing, effectuating, and enforcing
2-26 such supervision or a probation begun prior to the
2-27 individual's seventeenth birthday; or".
SECTION 3.
2-28 Said article is further amended by striking in its entirety
2-29 Code Section 15-11-11, relating to the commencement of
2-30 juvenile proceedings, and inserting in lieu thereof a new
2-31 Code Section 15-11-11 to read as follows:
2-32 "15-11-11. (Index)
2-33 A proceeding under this article may be commenced:
2-34 (1) By transfer of a case from another court as provided
2-35 in Code Section 15-11-13; (2) As provided in Code Section 15-11-49 in a proceeding
3- 2 charging a juvenile traffic offense;
3- 3 (3)(2) By the court accepting jurisdiction as provided
3- 4 in Code Section 15-11-45 or accepting supervision of a
3- 5 child as provided in Code Section 15-11-47;
3- 6 (4)(3) In other cases of alleged delinquency,
3- 7 unruliness, or deprivation by the filing of a petition
3- 8 as provided in this article. The petition and all other
3- 9 documents in the proceeding shall be entitled 'In the
3-10 interest of _______________, a child,' except upon
3-11 appeal, in which event the anonymity of the child shall
3-12 be preserved by appropriate use of initials; or
3-13 (5)(4) In other cases as provided by law."
SECTION 4.
3-14 Said article is further amended by striking in its entirety
3-15 Code Section 15-11-49, relating to the definition of and
3-16 disposition of juvenile traffic offenses, and inserting in
3-17 lieu thereof a new Code Section 15-11-49 to read as follows:
3-18 "15-11-49. (Index)
3-19 In any case where a person under the age of 17 commits a
3-20 violation of a law or local ordinance governing the
3-21 operation of a moving motor vehicle upon the streets or
3-22 highways of this state or a violation of a law or local
3-23 ordinance governing the operation of watercraft upon the
3-24 waterways within or adjoining this state, such case shall
3-25 be heard and a disposition thereof made in a court having
3-26 jurisdiction over any such violation as provided in Title
3-27 40 or Chapter 7 of Title 52 in the same manner as if such
3-28 violation had been committed by an adult. If a person
3-29 under the age of 17 is convicted of a violation of such a
3-30 law or local ordinance as provided in this Code section
3-31 and is sentenced to a term of confinement, but not
3-32 committed to the Department of Corrections for a felony
3-33 conviction, the case of such person shall be transferred
3-34 from the sentencing court to the juvenile court where the
3-35 juvenile judge shall order the placement of such person
3-36 for the term of confinement in a facility authorized for
3-37 the disposition of unruly or delinquent children. (a) Definition. Except as provided in subsection (c) of
3-39 this Code section, a juvenile traffic offense consists of
3-40 a violation by a person under the age of 17 of: (1) A law or local ordinance governing the operation of
4- 2 a moving motor vehicle upon the streets or highways of
4- 3 this state or upon the waterways within or adjoining
4- 4 this state; or (2) Any other motor vehicle traffic law or local
4- 6 ordinance if the child is taken into custody and
4- 7 detained for its violation or is transferred to the
4- 8 juvenile court by the court hearing the charge. (b) Jurisdiction. Notwithstanding the provisions of Title
4-10 40 which grant jurisdiction over traffic court offenses to
4-11 certain courts, the juvenile court shall have exclusive
4-12 original jurisdiction over juvenile traffic offenses. (c) Exceptions. The following offenses shall be delinquent
4-14 offenses and shall not be handled as juvenile traffic
4-15 offenses: homicide by vehicle, manslaughter resulting from
4-16 the operation of a vehicle, any felony in the commission
4-17 of which a motor vehicle is used, racing on highways and
4-18 streets, using a motor vehicle in fleeing or attempting to
4-19 elude an officer, fraudulent or fictitious use of a
4-20 license, hit and run or leaving the scene of an accident,
4-21 driving under the influence of alcohol or drugs,
4-22 possession of a controlled substance or marijuana, and any
4-23 other offense for which driving privileges may be
4-24 suspended or revoked for an adult. (d) Nature of offense. A juvenile traffic offense is not
4-26 an act of delinquency unless the case is transferred to
4-27 the delinquency calendar as provided in subsection (i) of
4-28 this Code section. (e) Procedure. The summons, notice to appear, or other
4-30 designation of a citation accusing a child of committing a
4-31 juvenile traffic offense constitutes the commencement of
4-32 the proceedings in the court of the county in which the
4-33 alleged violation occurred and serves in place of a
4-34 summons and petition under this article. These cases
4-35 shall be filed and heard separately from other proceedings
4-36 of the court. If the child is taken into custody on the
4-37 charge, Code Sections 15-11-18 and 15-11-21 shall apply.
4-38 If the child is, or after commencement of the proceedings
4-39 becomes, a resident of another county of this state, the
4-40 court in the county where the alleged traffic offense
4-41 occurred may retain jurisdiction over the entire case. (f) Hearing. The court shall fix a time for a hearing and
4-43 shall give reasonable notice thereof to the child and, if
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5- 1 their address is known, to the parents, guardian, or
5- 2 custodian. If the accusation made in the summons, notice
5- 3 to appear, or other designation of a citation is denied,
5- 4 an informal hearing shall be held at which the parties
5- 5 shall have the right to subpoena witnesses, present
5- 6 evidence, cross-examine witnesses, and appear by counsel.
5- 7 The hearing shall be open to the public. (g) Disposition. If the court finds on the admission of
5- 9 the child or upon the evidence that he committed the
5-10 offense charged, it may make one or more of the following
5-11 orders: (1) Reprimand, counsel, or warn the child and his
5-13 parents; provided, however, that this dispositional
5-14 order is not available for any offense listed in
5-15 subsection (c) of this Code section; (2) As a matter of probation or if the child is
5-17 committed to the custody of the state, order the
5-18 Department of Public Safety to suspend the child's
5-19 privilege to drive under stated conditions and
5-20 limitations for a period not to exceed 12 months; (3) Require the child to attend a traffic school
5-22 conducted by the Department of Public Safety or a
5-23 substance abuse clinic or program approved by either the
5-24 Department of Human Resources or the Council of Juvenile
5-25 Court Judges for a reasonable period of time; (4) Order the child to remit to the general fund of the
5-27 county a sum not exceeding the maximum applicable to an
5-28 adult for a like offense; (5) Require the child to participate in a program of
5-30 community service as specified by the court; (6) Impose any sanction authorized by Code Section
5-32 15-11-35 or 15-11-36; or (7) Place the child on probation subject to the
5-34 conditions and limitations imposed by Title 40 on
5-35 probation granted to adults for like offenses, but such
5-36 probation shall be supervised by the court as provided
5-37 in Code Section 15-11-35. (h) Fines. If a fine is assessed under paragraph (4) of
5-39 subsection (g) of this Code section, such fine shall be
5-40 subject to all additions and penalties as specified under
5-41 this title and Title 47. (i) Transfer to delinquency calendar. In lieu of the
6- 2 preceding orders, if the evidence indicates the
6- 3 advisability thereof, the court may transfer the case to
6- 4 the delinquency calendar of the court and direct the
6- 5 filing and service of a summons and petition in accordance
6- 6 with this article. The judge so ordering is disqualified,
6- 7 upon objection, from acting further in the case prior to
6- 8 an adjudication that the child committed a delinquent act. (j) Reporting procedure. Upon finding that the child has
6-10 committed a juvenile traffic offense or a delinquent
6-11 offense which would be a violation of Title 40 if
6-12 committed by an adult, the court shall forward, within ten
6-13 days, a report of the final adjudication and disposition
6-14 of the charge to the Department of Public Safety;
6-15 provided, however, that this procedure shall not be
6-16 applicable to those cases which have been dismissed or in
6-17 which the child and his parents have been reprimanded,
6-18 counseled, or warned by the court pursuant to paragraph
6-19 (1) of subsection (g) of this Code section. The
6-20 Department of Public Safety shall record the adjudication
6-21 and disposition of the offense on the child's permanent
6-22 record and such adjudication and disposition shall be
6-23 deemed a conviction for the purpose of suspending or
6-24 revoking the individual's driver's license. Such record
6-25 shall also be available to law enforcement agencies and
6-26 courts as are the permanent traffic records of adults."
SECTION 5.
6-27 Said article is further amended by striking in its entirety
6-28 Code Section 15-11-50, relating to the appointment and
6-29 compensation of associate juvenile court traffic judges,
6-30 which reads as follows:
6-31 "15-11-50. (Index)
6-32 (a) The judge may appoint one or more persons to serve at
6-33 the pleasure of the judge as associate juvenile court
6-34 traffic judges on a full-time or part-time basis. An
6-35 associate juvenile court traffic judge shall be a member
6-36 of the State Bar of Georgia or shall be otherwise
6-37 qualified by experience and training. The compensation of
6-38 the associate juvenile court traffic judges shall be fixed
6-39 by the judge with the approval of the governing authority
6-40 of the county and shall be paid in equal monthly
6-41 installments from county funds, unless otherwise provided
6-42 by law.
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7- 1 (b) The court may direct that any case or class of cases
7- 2 arising under Code Section 15-11-49 shall be heard in the
7- 3 first instance by an associate juvenile court traffic
7- 4 judge who shall conduct the hearing in accordance with
7- 5 Code Section 15-11-49. Upon the conclusion of the
7- 6 hearing, the associate juvenile court traffic judge shall
7- 7 file an order of the court with a copy thereof to the
7- 8 child and other parties to the proceedings.",
7- 9 and inserting in lieu thereof the following:
7-10 "15-11-50. (Index)
7-11 Reserved."
SECTION 6.
7-12 Said article is further amended by striking in its entirety
7-13 Code Section 15-11-58, relating to the inspection of court
7-14 files and records, and inserting in lieu thereof a new Code
7-15 Section 15-11-58 to read as follows:
7-16 "15-11-58. (Index)
7-17 Subject Except in cases arising under Code Section
7-18 15-11-49, and subject to the requirements of subsection
7-19 (d) of Code Section 15-11-33 and Code Section 15-11-61,
7-20 and with the exception of any complaint, petition, and
7-21 order from any case that was open to the public pursuant
7-22 to subsection (c.1) of Code Section 15-11-28, all files
7-23 and records of the court in a proceeding under this
7-24 article are open to inspection only upon order of the
7-25 court. The judge may permit authorized representatives of
7-26 recognized organizations compiling statistics for proper
7-27 purposes to inspect and make abstracts from official
7-28 records under whatever conditions upon their use and
7-29 distribution the judge may deem proper and may punish by
7-30 contempt any violation of those conditions. The judge may
7-31 permit any school principal or any school guidance
7-32 counselor, school social worker, or school psychologist
7-33 who is certified under Chapter 2 of Title 20 and who is
7-34 counseling a student as a part of such counseling person's
7-35 school employment duties, to review official records of
7-36 the court in any proceeding under this chapter concerning
7-37 that student, including but not limited to records of that
7-38 child's controlled substance or marijuana abuse, which
7-39 records are protected by Code Section 49-5-41.1, under
7-40 whatever conditions that the judge may deem proper and may
7-41 punish by contempt any violation of those conditions. The
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8- 1 judge shall permit authorized representatives of the
8- 2 Department of Children and Youth Services, the Department
8- 3 of Corrections, the Children and Youth Coordinating
8- 4 Council, and the Council of Juvenile Court Judges to
8- 5 inspect and extract data from any court files and records
8- 6 for the purpose of obtaining statistics on juveniles and
8- 7 to make copies pursuant to the order of the court."
SECTION 7.
8- 8 All laws and parts of laws in conflict with this Act are
8- 9 repealed.
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Office of the Secretary of the Senate
Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97