09 LC 29
3703S
House
Bill 245 (COMMITTEE SUBSTITUTE)
By:
Representatives Willard of the
49th
and Oliver of the
83rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 7 of Article 1 of Chapter 11 of Title 15 of the Official Code of
Georgia Annotated, relating to delinquent and unruly children, so as to change
provisions relating to disposition of delinquent children; to provide for
related matters; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
7 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to delinquent and unruly children, is amended by revising
paragraph (1) of subsection (b) of Code Section 15-11-66, relating to
disposition of a delinquent child, as follows:
"(b)(1)
At the conclusion of the dispositional hearing provided in subsection (a) of
Code Section 15-11-65, if the child is found to have committed a delinquent act,
the court may, in addition to any other treatment or rehabilitation, suspend the
driver's license of such child for any period not to exceed the date on which
the child becomes 18 years of age or, in the case of a child who does not have a
driver's license, prohibit the issuance of a driver's license to such child for
any period not to exceed the date on which the child becomes 18 years of age.
The court shall retain the driver's license for a period of suspension and
return it to the offender at the end of such period. The court shall notify the
Department of Driver Services of any such actions taken pursuant to this
subsection. If the child is adjudicated for the commission of a delinquent act,
the court may in its discretion in those cases involving: (A) a violation of
probation involving another adjudicated delinquent act and upon the court making
a finding of fact that the child has failed to respond to the graduated
alternative sanctions set forth in paragraph (2) of this subsection; (B) an
offense that would be a felony if committed by an adult; or (C) an offense that
would be a misdemeanor of a high and aggravated nature if committed by an adult
and involving bodily injury or harm or substantial likelihood of bodily injury
or harm, in addition to any other treatment or rehabilitation, order the child
to serve up to a maximum of
60
30
days in a youth development center, or after assessment and with the court's
approval, in a treatment program provided by the Department of Juvenile Justice
or the juvenile court. A child ordered to a youth development center under this
paragraph and detained in a secured facility pending placement in the youth
development center shall be given credit for time served in the secured facility
awaiting placement.
On and after
July 1, 2011, the maximum number of days that the court may order a child to
serve in a youth development center under this paragraph shall be increased to
60 days."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.