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03 LC 21 7157
Senate Bill
48
By: Senators Clay of the 37th, Hamrick of the 30th and Tanksley of the 32nd
AS PASSED SENATE
By: Senators Clay of the 37th, Hamrick of the 30th and Tanksley of the 32nd
AS PASSED SENATE
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Part 8 of Article 1 of Chapter 11 of Title 15 of
the Official Code of Georgia Annotated, relating to access to juvenile records
and hearings, so as to provide that the disposition and evidence of juvenile
proceedings may be used by a defendant in a civil action brought by the juvenile
based upon the factual circumstances surrounding said proceeding; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Part 8 of Article 1 of Chapter 11 of Title 15 of the
Official Code of Georgia Annotated, relating to access to juvenile records and
hearings, is amended by striking in its entirety Code Section 15-11-79.1,
relating to the use of disposition and evidence, and inserting in lieu thereof
the
following:
"15-11-79.1.
(a) The disposition of a child and evidence adduced in a hearing in the juvenile court may not be used against such child in any proceeding in any court other than for a proceeding for delinquency or unruliness, whether before or after reaching majority, except in the establishment of conditions of bail, plea negotiations, and sentencing in felony offenses; and, in such excepted cases, such records of dispositions and evidence shall be available to district attorneys and superior court judges and the accused and may be used in the same manner as adult records.
(b) The disposition of a child and evidence adduced in a hearing in the juvenile court may be used against such child by the defendant in a civil action brought by said child based upon the factual circumstances surrounding such proceeding."
"15-11-79.1.
(a) The disposition of a child and evidence adduced in a hearing in the juvenile court may not be used against such child in any proceeding in any court other than for a proceeding for delinquency or unruliness, whether before or after reaching majority, except in the establishment of conditions of bail, plea negotiations, and sentencing in felony offenses; and, in such excepted cases, such records of dispositions and evidence shall be available to district attorneys and superior court judges and the accused and may be used in the same manner as adult records.
(b) The disposition of a child and evidence adduced in a hearing in the juvenile court may be used against such child by the defendant in a civil action brought by said child based upon the factual circumstances surrounding such proceeding."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.