09 LC 38
0887
House
Bill 729
By:
Representatives Sheldon of the
105th,
Lindsey of the
54th,
Keen of the
179th,
Cox of the
102nd,
Hatfield of the
177th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 15-11-66 of the Official Code of Georgia Annotated, relating
to the disposition of a delinquent child, so as to provide for a protective
order for victims of certain acts of delinquency; to amend Code Section 49-4A-8
of the Official Code of Georgia Annotated, relating to certain procedures and
cost regarding the commitment of delinquent or unruly children and the discharge
of such children, so as to provide for certain notifications to the victims of
certain delinquent acts and designated felony acts; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 15-11-66 of the Official Code of Georgia Annotated, relating to the
disposition of a delinquent child, is amended by adding a new subsection to read
as follows:
"(d)(1)
As used in this subsection, 'designated felony act' shall have the same meaning
as provided in paragraph (2) of subsection (a) of Code Section
15-11-63.
(2)
When issuing a disposition for an adjudication of a delinquent act or a
designated felony act, the juvenile court shall concurrently issue a protective
order requiring:
(A)
That the child have no contact in person or by electronic means with the victim
of the delinquent act; and
(B)
That if the child's disposition will result in the child's placement in a secure
or nonsecure facility under the authority of the Department of Juvenile Justice,
the department shall provide notice to the victim at his or her last known
address by certified mail not less than five days prior to such child's release
from the facility."
SECTION
2.
Code
Section 49-4A-8 of the Official Code of Georgia Annotated, relating to certain
procedures and cost regarding the commitment of delinquent or unruly children
and the discharge of such children, is amended by revising paragraph (1) of
subsection (e.1) as follows:
"(e.1)(1)(A)
As used in this paragraph, the term 'delinquent act' shall have the same meaning
as provided for in paragraph (6) of Code Section 15-11-2.
(B)
When a child who has been adjudicated delinquent for the commission of a
designated felony act as defined in Code Section
15-11-63, for
a delinquent act of violence, or for a delinquent act that threatened violence
is to be
is
released from confinement or custody of the department, it shall be the
responsibility of the department to provide notice to
any person
who was the victim of the child's
delinquent acts that the child is being released from confinement or custody.
Such notice
shall be sent by certified mail to the victim's last known address at least five
days prior to such child's
release."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.