08 LC 21
9681
House
Bill 1362
By:
Representatives Lindsey of the
54th
and Willard of the
49th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 15-16-10 of the Official Code of Georgia Annotated, relating
to duties of the sheriff, penalties, and electronic storage, so as to provide
that the sheriff shall be responsible for developing and implementing a
courthouse security plan unless otherwise provided by local law; to amend Title
36 of the Official Code of Georgia Annotated, relating to local government, so
as to provide that the General Assembly may provide by local law for alternative
means of developing and funding a courthouse security plan; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 15-16-10 of the Official Code of Georgia Annotated, relating to duties
of the sheriff, penalties, and electronic storage, is amended by revising
paragraph (10) of subsection (a) as follows:
"(10)
Unless
otherwise provided by local law, to
To
develop and implement a comprehensive plan for the security of the county
courthouse and any courthouse annex. Prior to the implementation of any
security plan, the plan shall be submitted to the chief judge of the superior
court of the circuit wherein the courthouse or courthouse annex is located for
review. The chief judge shall have 30 days to review the original or any
subsequent security plan. The chief judge may make modifications to the
original or any subsequent security plan. The sheriff shall provide to the
county governing authority the estimated cost of any security plan and a
schedule for implementation 30 days prior to adoption of any security plan. A
comprehensive plan for courthouse security shall be considered a confidential
matter of public security. Review of a proposed security plan by the governing
authority shall be excluded from the requirements of Code Section 50-14-1 and
any such review shall take place as provided in Code Section 50-14-3. Such
security plan shall also be excluded from public disclosure pursuant to
paragraph (15) of subsection (a) of Code Section 50-18-72. The sheriff shall be
the official custodian of the comprehensive courthouse security plan and shall
determine who has access to such plan and any such access and review shall occur
in the sheriff´s office or at a meeting of the county governing authority
held as provided in paragraph (9) of Code Section 50-14-3; provided, however,
that the sheriff shall make the original security plan available upon request
for temporary, exclusive review by any judge whose courtroom or chambers is
located within the courthouse or courthouse annex or by any commissioner of the
county in which the courthouse or courthouse annex is located. The sheriff
shall be responsible to conduct a formal review of the security plan not less
than every four years."
SECTION
2.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended by revising Code Section 36-9-8, relating to protection of county
property by the sheriff, as follows:
"36-9-8.
Unless
otherwise provided by local law, the
The
public grounds and other county property are placed in the keeping of the
sheriff of the county, subject to the order of the county governing authority;
and it is his or her duty to preserve them from injury or waste and to prevent
intrusions upon them."
SECTION
3.
Said
title is further amended by revising Code Section 36-81-11, relating to budget
for implementing security plans subject to approval by the governing authority,
as follows:
"36-81-11.
Unless
otherwise provided by local law, the
The
development and implementation of a security plan and all related technology
pursuant to paragraph (10) of subsection (a) of Code Section 15-16-10 shall be
subject to the annual budget approved for the office of the sheriff by the
governing authority."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.