|
03 SR35/AP
Senate Resolution
35
By: Senators Thomas of the 10th, Adelman of the 42nd, Harbison of the 15th, Kemp of the 3rd, Starr of the 44th and others
AS PASSED
By: Senators Thomas of the 10th, Adelman of the 42nd, Harbison of the 15th, Kemp of the 3rd, Starr of the 44th and others
AS PASSED
A RESOLUTION
Creating the Blue Ribbon Commission on Response,
Investigation, and Prosecution of Sexual Offenses; to provide for the
commission´s membership, powers, duties, mission, compensation, and
expenses; to provide for related matters; and for other
purposes.
WHEREAS, it is the expressed will of the General Assembly to address the serious problems faced by victims, law enforcement, and prosecutors on the occurrence of sexual assault; and
WHEREAS, occurrences of sexual assault continue to escalate against women and men with long lasting detrimental effects on the victim, his or her family, and the community; and
WHEREAS, the Criminal Justice Coordinating Council has found that victims of sexual assault may often receive incomplete or no information regarding their rights as victims; and
WHEREAS, the local investigating law enforcement agencies bear the cost of investigation, often challenged by limited funding, resource options, and training; and
WHEREAS, the absence of physical evidence often hampers prosecution efforts; and
WHEREAS, nonprofit organizations currently play an essential and active role in the support of criminal investigations and prosecution of sexual assault offenses and provide educational resources to medical professions and law enforcement on issues related to sexual offenses throughout Georgia; and
WHEREAS, the current economic circumstances demand coordination of funding, investigation, and education efforts on state and local levels to maximize resources available to respond to sexual assault offenses; and
WHEREAS, an opportunity should be provided for public debate and consideration of options for improving the response to sexual assault offenses in Georgia; to make specific recommendations for improving education, training, victim care, investigation, and prosecution; to develop benchmarks for assessing progress toward such goals; to consider whether a state sponsored program of Sexual Assault Nurse Examiners can be implemented; and to consider what measures can be taken to ensure a better response to sexual assault offenses in Georgia in the future.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses to be composed of 15 members, as follows: two members appointed by the Governor, three members of the Senate to be appointed by the Lieutenant Governor, three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, the director of the Georgia Bureau of Investigation or his or her designee, the director of the Georgia Public Safety Training Center or his or her designee, the director of the Prosecuting Attorney´s Council of Georgia or his or her designee, the commissioner of the Department of Community Health or his or her designee, the director of the Criminal Justice Coordinating Council or his or her designee, the President of the Georgia Board of Nursing or his or her designee, and the director of the Georgia Network to End Sexual Assault or his or her designee. If an elected or appointed public officer leaves office, a vacancy shall be created in such position on the commission. Such a vacancy and any other vacancy shall be filled in the same manner as the initial designation or appointment. The Lieutenant Governor and the Speaker of the House of Representatives shall each designate a member of the commission to serve as cochairpersons of the commission. The commission shall meet at the call of the cochairpersons.
BE IT FURTHER RESOLVED that in addition to normal legislative support services, the commission shall make use of staff support services provided by the Department of Community Health.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the commission deems necessary or appropriate. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8, but shall receive the same for not more than five days unless additional days are authorized. The members of the commission who are not legislative members and who are not public employees shall receive no compensation for their services on the commission, but they shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21. The members of the commission who are public employees shall receive no compensation for their services on the commission but may be reimbursed for expenses by their respective employers. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or otherwise available to the Senate and House of Representatives. The commission shall publish a written report on its progress on or before December 1, 2003, for the 2004 session of the General Assembly and shall include any recommendations of any actions or legislation which the commission deems necessary or appropriate. This commission shall stand abolished on July 1, 2004.
WHEREAS, it is the expressed will of the General Assembly to address the serious problems faced by victims, law enforcement, and prosecutors on the occurrence of sexual assault; and
WHEREAS, occurrences of sexual assault continue to escalate against women and men with long lasting detrimental effects on the victim, his or her family, and the community; and
WHEREAS, the Criminal Justice Coordinating Council has found that victims of sexual assault may often receive incomplete or no information regarding their rights as victims; and
WHEREAS, the local investigating law enforcement agencies bear the cost of investigation, often challenged by limited funding, resource options, and training; and
WHEREAS, the absence of physical evidence often hampers prosecution efforts; and
WHEREAS, nonprofit organizations currently play an essential and active role in the support of criminal investigations and prosecution of sexual assault offenses and provide educational resources to medical professions and law enforcement on issues related to sexual offenses throughout Georgia; and
WHEREAS, the current economic circumstances demand coordination of funding, investigation, and education efforts on state and local levels to maximize resources available to respond to sexual assault offenses; and
WHEREAS, an opportunity should be provided for public debate and consideration of options for improving the response to sexual assault offenses in Georgia; to make specific recommendations for improving education, training, victim care, investigation, and prosecution; to develop benchmarks for assessing progress toward such goals; to consider whether a state sponsored program of Sexual Assault Nurse Examiners can be implemented; and to consider what measures can be taken to ensure a better response to sexual assault offenses in Georgia in the future.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Blue Ribbon Commission on Response, Investigation, and Prosecution of Sexual Offenses to be composed of 15 members, as follows: two members appointed by the Governor, three members of the Senate to be appointed by the Lieutenant Governor, three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, the director of the Georgia Bureau of Investigation or his or her designee, the director of the Georgia Public Safety Training Center or his or her designee, the director of the Prosecuting Attorney´s Council of Georgia or his or her designee, the commissioner of the Department of Community Health or his or her designee, the director of the Criminal Justice Coordinating Council or his or her designee, the President of the Georgia Board of Nursing or his or her designee, and the director of the Georgia Network to End Sexual Assault or his or her designee. If an elected or appointed public officer leaves office, a vacancy shall be created in such position on the commission. Such a vacancy and any other vacancy shall be filled in the same manner as the initial designation or appointment. The Lieutenant Governor and the Speaker of the House of Representatives shall each designate a member of the commission to serve as cochairpersons of the commission. The commission shall meet at the call of the cochairpersons.
BE IT FURTHER RESOLVED that in addition to normal legislative support services, the commission shall make use of staff support services provided by the Department of Community Health.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the commission deems necessary or appropriate. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8, but shall receive the same for not more than five days unless additional days are authorized. The members of the commission who are not legislative members and who are not public employees shall receive no compensation for their services on the commission, but they shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21. The members of the commission who are public employees shall receive no compensation for their services on the commission but may be reimbursed for expenses by their respective employers. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or otherwise available to the Senate and House of Representatives. The commission shall publish a written report on its progress on or before December 1, 2003, for the 2004 session of the General Assembly and shall include any recommendations of any actions or legislation which the commission deems necessary or appropriate. This commission shall stand abolished on July 1, 2004.