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HB 354 - Juvenile proceedings; cert parent- child communication; privileged

Walker, Len (87th)	Martin, Jim (47th)	Bordeaux, Tom (151st)

Status Summary	HC:	Judy	SC:		FR:	01/29/99	LA:	02/01/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, so as to provide that certain communications by a child to a parent or guardian are privileged with regard to certain juvenile court proceedings; and for other purposes.

Code Sections - 24-9-31

HB 354                                             LC 22 3415 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 2 of Chapter 9 of Title 24 of the Official 
  1- 2  Code of Georgia Annotated, relating to privileged 
  1- 3  communications, so as to provide that certain communications 
  1- 4  by a child to a parent or guardian are privileged with 
  1- 5  regard to certain juvenile court proceedings; to provide a 
  1- 6  definition; to provide that a parent or guardian shall be 
  1- 7  competent but not compellable to testify regarding certain 
  1- 8  communications; to provide for waiver; to repeal conflicting 
  1- 9  laws; and for other purposes. 
 
  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-11                           SECTION 1. 
 
  1-12  Article 2 of Chapter 9 of Title 24 of the Official Code of 
  1-13  Georgia Annotated, relating to privileged communications, is 
  1-14  amended by inserting a new Code section to be designated 
  1-15  Code Section 24-9-31 to read as follows: 
 
  1-16    "24-9-31. 
 
  1-17    (a) As used in this Code section, the term 'child' shall 
  1-18    mean any individual under the age of 17 years. 
 
  1-19    (b) Communications by a child relating to alleged 
  1-20    delinquency or alleged unruliness of such child to such 
  1-21    child's parent, parents, or guardian in the presence of 
  1-22    such child's attorney are privileged with regard to 
  1-23    juvenile court proceedings relating to the alleged 
  1-24    delinquency or alleged unruliness of such child. The 
  1-25    parent or guardian of a child shall be competent but not 
  1-26    compellable to testify with reference to any such 
  1-27    communication in juvenile court proceedings relating to 
  1-28    alleged delinquency or alleged unruliness of such child, 
  1-29    unless the privilege is waived by the child after advice 
  1-30    of counsel." 
 
  1-31                           SECTION 2. 
 
  1-32  All laws and parts of laws in conflict with this Act are 
  1-33  repealed. 
 
 
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