23 LC 28 0568
H. B. 462
- 1 -
House Bill 462
By: Representatives Ballinger of the 23
rd
, Gunter of the 8
th
, Burchett of the 176
th
, Oliver of
the 82
nd
, and Camp of the 135
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the
1
Juvenile Code, so as to enact the "Raise the Age Act"; to provide for an implementation2
committee; to provide for the powers, composition, and appointment of such committee; to3
change the jurisdiction of the juvenile court to include certain children who are 17 years of4
age; to amend Titles 15, 16, 17, 27, 37, 42, and 49 of the Official Code of Georgia5
Annotated, relating to courts, crimes and offenses, criminal procedure, game and fish, mental6
health, penal institutions, and social services, respectively, so as to make conforming7
cross-references; to provide for effective dates and automatic repeal under certain8
circumstances; to provide for related matters; to repeal conflicting laws; and for other9
purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 23 LC 28 0568
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PART I
12
SECTION 1-1.13
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile14
Code, is amended in Article 1, relating to general provisions, by adding a new Code section15
to read as follows:16
"15-11-42.
17
(a) This Code section shall be known and may be cited as the 'Raise the Age Act.'18
(b) There shall be an implementation committee that shall consist of 12 members as19
follows:20
(1) The chairperson of the House Committee on Juvenile Justice;21
(2) The chairperson of the Senate Judiciary Committee;22
(3) The commissioner of the Department of Juvenile Justice or his or her designee;23
(4) The president of the Georgia Sheriffs' Association or his or her designee;24
(5) The executive director of the Administrative Office of the Courts or his or her25
designee;26
(6) The executive director of the Prosecuting Attorneys' Council of the State of Georgia27
or his or her designee;28
(7) The executive director of the Georgia Association of Criminal Defense Lawyers or29
his or her designee;30
(8) The executive director of the Criminal Justice Coordinating Council or his or her31
designee;32
(9) The director of the Governor's Office of Planning and Budget or his or her designee;33
(10) The president of the Council of Juvenile Court Judges or his or her designee;34
(11) The executive director of the Association County Commissioners of Georgia or his35
or her designee; and36
(12) The president of the Georgia Council of Court Administrators or his or her designee.37 23 LC 28 0568
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The chairperson of the House Committee on Juvenile Justice and the chairperson of the38
Senate Judiciary Committee shall serve as cochairpersons of the committee. The39
committee shall meet upon the call of the chairs.40
(c) The committee may confer with any appropriate subject matter experts, state agencies41
and advisory members to the committees as selected by the chairs, including the president42
of the Georgia Association of Chiefs of Police, the executive director of the Georgia Public43
Safety Training Center, attorneys who regularly practice in the juvenile courts, and44
advocates for children and youth, on matters relating to implementing raising the juvenile45
age, including equipment, security, and technological aspects in connection to raising the46
age of juvenile offenders regarding:47
(1) Standards and practices of other jurisdictions;48
(2) The most recent standards promulgated by national standard-setting bodies; and49
(3) The views of interested persons, government officials, and entities.50
(d) The committee shall commence no later than May 15, 2023, and shall stand abolished51
on December 31, 2024.52
(e) The committee shall provide a detailed written report including all the necessary53
operational and statutory changes required to include 17 year-old children in the juvenile54
justice system, including cost estimates for capital outlay, operating expenses, and staffing55
needs, for each part of the implementation plan. The report shall also include the estimated56
time required for such proposed implementation as well as any other data, reports,57
statistical information, and other facts and figures necessary for the successful58
implementation of such policy. Such report shall be provided to the Governor, the59
Lieutenant Governor, and the members of the General Assembly not later than60
December 1, 2023.61
(f) This Code Section shall stand repealed in its entirety on January 1, 2025."62 23 LC 28 0568
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PART II
63
SECTION 2-1.64
Said chapter is further amended by revising paragraph (10) of Code Section 15-11-2, relating65
to definitions, as follows:66
"(10) 'Child' means any individual who is:67
(A) Under the age of 18 years;68
(B) Under the age of 17 years when alleged to have committed a delinquent act;
69
(C)(B) Between 18 and 21 years of age and receiving extended care youth services70
from DFCS; or71
(D)(C) Under the age of 21 years who committed an act of delinquency before72
reaching the age of 17 18 years and who has been placed under the supervision of the73
court or on probation to the court for the purpose of enforcing orders of the court."74
SECTION 2-2.75
Said chapter is further amended by revising subsection (a) of Code Section 15-11-7, relating76
to court of inquiry, as follows:77
"(a) The juvenile court shall have jurisdiction to act as a court of inquiry with all the78
powers and rights allowed courts of inquiry in this state and to examine or investigate into79
the circumstances or causes of any conduct or acts of any person 17 18 or more years of80
age that may be in violation of the laws of this state whenever such person is brought81
before the court in the course of any proceeding instituted under this chapter. The court82
shall cause the person to be apprehended and brought before it upon either a writ of83
summons, a warrant duly issued, or by arrest."84 23 LC 28 0568
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SECTION 2-3.
85
Said chapter is further amended by revising subparagraph (E) of paragraph (1) of Code86
Section 15-11-10, relating to exclusive original jurisdiction, as follows:87
"(E) Has been placed under the supervision of the court or on probation to the court;88
provided, however, that such jurisdiction shall be for the purpose of completing,89
effectuating, and enforcing such supervision or a probation begun either
prior to such90
child's seventeenth eighteenth birthday if the order is entered as a disposition for an91
adjudication for delinquency or prior to such child's eighteenth birthday if the order is92
entered for an adjudication for a child in need of services;"93
SECTION 2-4.94
Said chapter is further amended by revising subsection (e) of Code Section 15-11-504,95
relating to place of detention, as follows:96
"(e) The official in charge of a jail or other facility for the detention of adult offenders or97
persons charged with a crime shall inform the court or the juvenile court intake officer98
immediately when a child who appears to be under the age of 17 18 years is received at99
such facility and shall deliver such child to the court upon request or transfer such child to100
the facility designated by the juvenile court intake officer or the court."101
SECTION 2-5.102
Said chapter is further amended by revising Code Section 15-11-560, relating to concurrent103
and original jurisdiction of superior court, as follows:104
"15-11-560.105
(a) Except as provided in subsection subsections (b) and (b.1) of this Code section, the106
court shall have concurrent jurisdiction with the superior court over a child who is alleged107
to have committed a delinquent act which would be considered a crime if tried in a superior108 23 LC 28 0568
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court and for which an adult may be punished by loss of life, imprisonment for life without
109
possibility of parole, or confinement for life in a penal institution.110
(b) The superior court shall have exclusive original jurisdiction over the trial of any111
child 13 to 17
18 years of age who is alleged to have committed any of the following112
offenses:113
(1) Murder;114
(2) Murder in the second degree;115
(3) Voluntary manslaughter;116
(4) Rape;117
(5) Aggravated sodomy;118
(6) Aggravated child molestation;119
(7) Aggravated sexual battery;120
(8) Armed robbery if committed with a firearm;121
(9) Aggravated assault if committed with a firearm upon a public safety officer as such122
acts are prohibited under subsection (c) of Code Section 16-5-21; or123
(10) Aggravated battery upon a public safety officer as such acts are prohibited under124
subsection (c) of Code Section 16-5-24.125
(b.1) The superior court shall have exclusive original jurisdiction over the trial of any child126
who is 17 years of age who is alleged to have committed a delinquent act which, if127
committed by an adult, would constitute a violation of Code Section 16-15-4, regarding128
criminal gang activity, provided that the superior court conducts a hearing and it is129
demonstrated by clear and convincing evidence that criminal gang activity was involved130
in the matter before the court.131
(c) The granting of bail or pretrial release of a child charged with an offense enumerated132
in subsection (b) of this Code section shall be governed by the provisions of Code133
Section 17-6-1.134 23 LC 28 0568
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(d) At any time before indictment, the district attorney may, after investigation and for
135
cause, decline prosecution in the superior court of a child 13 to 17
18 years of age alleged136
to have committed an offense specified in subsection (b) or (b.1) of this Code section.137
Upon declining such prosecution in the superior court, the district attorney shall cause a138
petition to be filed in the appropriate juvenile court for adjudication within 72 hours if the139
child is in detention or 30 days if the child is not in detention. Except as provided in140
paragraph (8) of subsection (b) of Code Section 15-11-602, any case transferred by the141
district attorney to the juvenile court pursuant to this subsection shall be subject to the142
class A designated felony act provisions of Code Section 15-11-602, and the transfer of the143
case from superior court to juvenile court shall constitute notice to such child that such case144
is subject to the class A designated felony act provisions of Code Section 15-11-602.145
(e)(1) After indictment, the superior court may after investigation transfer to the juvenile146
court any case involving a child 13 to 17 18 years of age alleged to have committed any147
act described in paragraph (3), (5), (6), (7), (9), or (10) of subsection (b) or148
subsection (b.1) of this Code section. In considering the transfer of such case, the court149
shall consider the criteria set forth in Code Section 15-11-562. Any such transfer shall150
be appealable by the State of Georgia pursuant to Code Section 5-7-1. Upon such a151
transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction152
of the superior court shall terminate.153
(2) Except as provided in paragraph (8) of subsection (b) of Code Section 15-11-602, any154
case transferred by the superior court to the juvenile court pursuant to this subsection155
shall be subject to the class A designated felony act provisions of Code156
Section 15-11-602, and the transfer of the case from superior court to juvenile court shall157
constitute notice to such child that such case is subject to the class A designated felony158
act provisions of Code Section 15-11-602.159
(f) The superior court may transfer any case involving a child 13 to 17 18 years of age160
alleged to have committed any offense enumerated in subsection (b) or (b.1) of this Code161 23 LC 28 0568
H. B. 462
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section and convicted of a lesser included offense not included in subsection (b) or (b.1)162
of this Code section to the juvenile court of the county of such child's residence for163
disposition. Upon such a transfer by the superior court, jurisdiction shall vest in the164
juvenile court and jurisdiction of the superior court shall terminate.165
(g) Within 30 days of any proceeding in which a child 13 to 17 18 years of age is166
convicted of certain offenses over which the superior court has original jurisdiction as167
provided in subsection (b) or (b.1) of this Code section or adjudicated as a delinquent child168
on the basis of conduct which if committed by an adult would constitute such offenses, the169
superior court shall provide written notice to the school superintendent or his or her170
designee of the school in which such child is enrolled or, if the information is known, of171
the school in which such child plans to be enrolled at a future date. Such notice shall172
include the specific criminal offense that such child committed. The local school system173
to which such child is assigned may request further information from the court's file.174
(h) As used in this Code section, the term 'firearm' means a handgun, rifle, shotgun, or175
other weapon which will or can be converted to expel a projectile by the action of an176
explosive or electrical charge."177
SECTION 2-6.178
Said chapter is further amended by revising paragraph (3) of subsection (a) and179
subsection (d) of Code Section 15-11-561, relating to waiver of juvenile court jurisdiction180
and transfer to superior court, as follows:181
"(3) The petition alleges that such child: 182
(A) Was at least 15 years of age at the time of the commission of the offense and183
committed an act which would be a felony if committed by an adult; or184
(B) Was 13 or 14 years of age and either committed an act for which the punishment185
is loss of life or confinement for life in a penal institution or committed aggravated186 23 LC 28 0568
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battery resulting in serious bodily injury to an alleged victim who is not a public safety
187
officer as such term is defined in Code Section 16-5-19;
188
(C) Was 17 years of age at the time of participating in criminal gang activity, as189
defined in subparagraphs (A) through (G) and (J) of paragraph (1) of Code190
Section 16-15-3, in violation of Code Section 16-15-4; or191
(D) Was 17 years of age at the time of committing an act which would constitute a192
second or subsequent commission of a delinquent act for an offense which, if193
committed by an adult, would constitute a felony offense."194
"(d) No child, either before or after reaching 17 18 years of age, shall be prosecuted in195
superior court for an offense committed before the child turned 17 18, unless the case has196
been transferred as provided in this part. In addition, no child shall be subject to criminal197
prosecution at any time for an offense arising out of a criminal transaction for which the198
juvenile court retained jurisdiction in its transfer order."199
SECTION 2-7.200
Said chapter is further amended by revising subsection (a) of Code section 15-11-562,201
relating to transfer criteria and written reports, as follows:202
"(a) The criteria that the juvenile court shall consider in determining whether to transfer203
an alleged delinquent child as set forth in subsection (a) of Code Section 15-11-561 to204
superior court and the criteria that the superior court shall consider in determining whether205
to transfer any case involving a child 13 to 17 18 years of age alleged to have committed206
any act described in paragraph (3), (5), (6), (7), (9), or (10) of subsection (b) of Code207
Section 15-11-560 to juvenile court as set forth in subsection (e) of Code208
Section 15-11-560 includes, but shall not be limited to:209
(1) The age of such child;210
(2) The seriousness of the alleged offense, especially if personal injury resulted;211
(3) Whether the protection of the community requires transfer of jurisdiction;212 23 LC 28 0568
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(4) Whether the alleged offense involved violence or was committed in an aggressive or
213
premeditated manner;214
(5) The impact of the alleged offense on the alleged victim, including the permanence215
of any physical or emotional injury sustained, health care expenses incurred, and lost216
earnings suffered;217
(6) The culpability of such child including such child's level of planning and218
participation in the alleged offense;219
(7) Whether the alleged offense is a part of a repetitive pattern of offenses which220
indicates that such child may be beyond rehabilitation in the juvenile justice system;221
(8) The record and history of such child, including experience with the juvenile justice222
system, other courts, supervision, commitments to juvenile institutions, and other223
placements;224
(9) The sophistication and maturity of such child as determined by consideration of his225
or her home and environmental situation, emotional condition, and pattern of living;226
(10) The program and facilities available to the juvenile court in considering disposition;227
and228
(11) Whether or not a child can benefit from the treatment or rehabilitative programs229
available to the juvenile court."230
SECTION 2-8.231
Said chapter is further amended by revising subsection (b) of Code Section 15-11-565,232
relating to places authorized for detention of child before and after transfer order, as follows:233
"(b) After the entry of a judgment ordering transfer, a child shall be detained only in those234
places authorized for the detention of a child until such child, as set forth in Code235
Section 15-11-34, reaches 17
18 years of age."236 23 LC 28 0568
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PART III
237
SECTION 3-1.238
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising239
subsection (a) of Code Section 15-6-36, relating to notice of student's felony conviction to240
school superintendent, as follows:241
"(a) For the purposes of this Code section, 'conviction' means any felony conviction of a242
person who is at least 17
18 years of age."243
SECTION 3-2.244
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is245
amended by revising paragraph (1) of subsection (c) of Code Section 16-5-21, relating to246
aggravated assault, as follows:247
"(c)(1) A person who knowingly commits the offense of aggravated assault upon a public248
safety officer while he or she is engaged in, or on account of the performance of, his or249
her official duties shall, upon conviction thereof, be punished as follows:250
(A) When such assault occurs by the discharge of a firearm by a person who is at251
least 17 18 years of age, such person shall be punished by imprisonment for not less252
than ten nor more than 20 years and shall be sentenced to a mandatory minimum term253
of imprisonment of ten years and no portion of the mandatory minimum sentence254
imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing255
court; provided, however, that in the court's discretion, the court may depart from such256
mandatory minimum sentence when the prosecuting attorney and defendant have257
agreed to a sentence that is below such mandatory minimum;258
(B) When such assault does not involve the discharge of a firearm by a person who is259
at least 17 18 years of age, and does not involve only the use of the person's body, such260
person shall be punished by imprisonment for not less than five nor more than 20 years261 23 LC 28 0568
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and, for persons who are at least 17 18 years of age, shall be sentenced to a mandatory262
minimum term of imprisonment of three years and no portion of the mandatory263
minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld264
by the sentencing court; provided, however, that in the court's discretion, the court may265
depart from such mandatory minimum sentence when the prosecuting attorney and266
defendant have agreed to a sentence that is below such mandatory minimum; or267
(C) When such assault occurs only involving the use of the person's body, by268
imprisonment for not less than five nor more than 20 years."269
SECTION 3-3.270
Said title is further amended by revising paragraph (1) of subsection (c) of Code271
Section 16-5-24, relating to aggravated battery, as follows:272
"(c)(1) A person who knowingly commits the offense of aggravated battery upon a public273
safety officer while the public safety officer is engaged in, or on account of the274
performance of, his or her official duties shall, upon conviction thereof, be punished by275
imprisonment for not less than ten nor more than 20 years; provided, however, that for276
persons who are at least 17 18 years of age, a mandatory minimum term of imprisonment277
of three years shall be imposed and no portion of the mandatory minimum sentence shall278
be suspended, stayed, probated, deferred, or otherwise withheld by the sentencing court;279
provided, however, that in the court's discretion, the court may depart from such280
mandatory minimum sentence when the prosecuting attorney and defendant have agreed281
to a sentence that is below such mandatory minimum."282
SECTION 3-4.283
Said title is further amended by revising paragraph (3) of subsection (a) of Code284
Section 16-12-1, relating to contributing to the delinquency or dependency of a minor, as285
follows:286 23 LC 28 0568
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"(3) 'Minor' means any individual who is under the age of 17 years who is alleged to have287
committed a delinquent act or any individual under the age of 18 years."288
SECTION 3-5.289
Said title is further amended by revising subsection (b) of Code Section 16-12-100.3, relating290
to obscene telephone contact, conviction, and penalties, as follows:291
"(b) A person 17 18 years of age or over commits the offense of obscene telephone contact292
with a child if that person has telephone contact with an individual whom that person293
knows or should have known is a child, and that contact involves any aural matter294
containing explicit verbal descriptions or narrative accounts of sexually explicit nudity,295
sexual conduct, sexual excitement, or sadomasochistic abuse which is intended to arouse296
or satisfy the sexual desire of either the child or the person, provided that no conviction297
shall be had for this offense on the unsupported testimony of the victim."298
SECTION 3-6.299
Said title is further amended by revising subsection (k) of Code Section 16-13-30, relating300
to purchase, possession, manufacture, distribution, or sale of controlled substances or301
marijuana, and penalties, as follows:302
"(k) It shall be unlawful for any person to hire, solicit, engage, or use an individual under303
the age of 17 18 years, in any manner, for the purpose of manufacturing, distributing, or304
dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or305
marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by306
law. Any person who violates this subsection shall be guilty of a felony and, upon307
conviction thereof, shall be punished by imprisonment for not less than five years nor more308
than 20 years or by a fine not to exceed $20,000.00, or both."309 23 LC 28 0568
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SECTION 3-7.
310
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is311
amended by revising Code Section 17-9-3, relating to recommendations for mercy in capital312
cases other than those of homicide, and effect of no recommendation for mercy in capital313
cases generally and where defendant under age of 17 at time of commission of offense, as314
follows:315
"17-9-3.316
In all capital cases, other than those of homicide, when the verdict is 'guilty,' with a317
recommendation for mercy, it shall be legal and shall mean imprisonment for life. When318
the verdict is 'guilty,' without a recommendation for mercy, it shall be legal and shall mean319
that the convicted person shall be sentenced to death. When it is shown that a person320
convicted of a capital offense without a recommendation for mercy had not reached his or
321
her seventeenth eighteenth birthday at the time of the commission of the offense, the322
punishment of such person shall not be death but shall be imprisonment for life."323
SECTION 3-8.324
Said title is further amended by revising Code Section 17-10-14, relating to committal of325
person under 17 convicted of felony, as follows:326
"17-10-14.327
(a) Notwithstanding any other provisions of this article and except as otherwise provided328
in subsection (b) of this Code section, in any case where a person under the age of 17 18329
years is convicted of a felony and sentenced as an adult to life imprisonment or to a certain330
term of imprisonment, such person shall be committed to the Department of Juvenile331
Justice to serve such sentence in a detention center of such department until such person332
is 17 18 years of age at which time such person shall be transferred to the Department of333
Corrections to serve the remainder of the sentence. This Code section shall apply to any334 23 LC 28 0568
H. B. 462
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person convicted on or after July 1, 1987, and to any person convicted prior to such date
335
who has not been committed to an institution operated by the Department of Corrections.336
(b) If a child is transferred to superior court pursuant to Code Section 15-11-561 and337
convicted of aggravated assault as defined in Chapter 5 of Title 16, the court may sentence338
such child to the Department of Corrections. Such child shall be housed in a designated339
youth confinement unit until such person is 17
18 years of age, at which time such person340
may be housed in any other unit designated by the Department of Corrections."341
SECTION 3-9.342
Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by343
revising paragraph (1) of subsection (b) of Code Section 27-3-63, relating to general offenses344
and penalties, as follows:345
"(1) For the first offense, the offender shall be fined not less than $100.00, except that346
this minimum fine shall not apply to the offender if he or she is 17 18 years of age or347
younger;"348
SECTION 3-10.349
Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by350
revising paragraph (4) of Code Section 37-3-1, relating to definitions, as follows:351
"(4) 'Court' means:352
(A) In the case of an individual who is 17 18 years of age or older, the probate court353
of the county of residence of the patient or the county in which such patient is found.354
Notwithstanding Code Section 15-9-13, in any case in which the judge of such court is355
unable to hear a case brought under this chapter within the time required for such356
hearing or is unavailable to issue the order specified in subsection (b) of Code357
Section 37-3-41, such judge shall appoint a person to serve and exercise all the358
jurisdiction of the probate court in such case. Any person so appointed shall be a359 23 LC 28 0568
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member of the State Bar of Georgia and shall be otherwise qualified for his or her360
duties by training and experience. Such appointment may be made on a case-by-case361
basis or by making a standing appointment of one or more persons. Any person362
receiving such standing appointment shall serve at the pleasure of the judge making the363
appointment or his or her successor in office to hear such cases if and when necessary.364
The compensation of a person so appointed shall be as agreed upon by the judge who365
makes the appointment and the person appointed with the approval of the governing366
authority of the county for which such person is appointed and shall be paid from the367
county funds of said county. All fees collected for the services of such appointed368
person shall be paid into the general funds of the county served; or369
(B) In the case of an individual who is under the age of 17 18 years, the juvenile court370
of the county of residence of the patient or the county in which such patient is found."371
SECTION 3-11.372
Said title is further amended by revising paragraph (5) of Code Section 37-4-2, relating to373
definitions, as follows:374
"(5) 'Court' means:375
(A) In the case of an individual who is 17 18 years of age or older, the probate court376
of the county of residence of the client or the county in which such client is found.377
Notwithstanding Code Section 15-9-13, in any case in which the judge of said probate378
court is unable to hear a case brought under this chapter within the time required for379
such hearing, said judge shall appoint a person to serve and exercise all the jurisdiction380
of the probate court in such case. Any person so appointed shall be a member of the381
State Bar of Georgia and shall be otherwise qualified for his or her duties by training382
and experience. Such appointment may be made on a case-by-case basis or by making383
a standing appointment of one or more persons. Any person receiving such standing384
appointment shall serve at the pleasure of the judge making the appointment or the385 23 LC 28 0568
H. B. 462
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judge's successor in office to hear such cases if and when necessary. The compensation
386
of a person so appointed shall be as agreed upon by the judge who makes the387
appointment and the person appointed with the approval of the governing authority of388
the county for which such person is appointed and shall be paid from the county funds389
of said county. All fees collected for the services of such appointed person shall be paid390
into the general funds of the county served; or391
(B) In the case of an individual who is under the age of 17
18 years, the juvenile court392
of the county of residence of the client or the county in which such client is found."393
SECTION 3-12.394
Said title is further amended by revising paragraph (7) of Code Section 37-7-1, relating to395
definitions, as follows:396
"(7) 'Court' means:397
(A) In the case of an individual who is 17 18 years of age or older, the probate court398
for the county of residence of the patient or the county in which such patient is found.399
Notwithstanding Code Section 15-9-13, in any case in which the judge of the probate400
court is unable to hear a case brought under this chapter within the time required for401
such hearing or is unavailable to issue the order specified in subsection (b) of Code402
Section 37-7-41, the judge shall appoint a person to serve and exercise all the403
jurisdiction of the probate court in such case. Any person so appointed shall be a404
member of the State Bar of Georgia and be otherwise qualified for his or her duties by405
training and experience. Such appointment may be made on a case-by-case basis or by406
making a standing appointment of one or more persons. Any person receiving such a407
standing appointment shall serve at the pleasure of the judge making the appointment408
or his or her successor in office to hear such cases if and when necessary. The409
compensation of a person so appointed shall be as agreed upon by the judge who makes410
the appointment and the person appointed and as approved by the governing authority411 23 LC 28 0568
H. B. 462
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of the county for which such person is appointed and shall be paid from the county
412
funds of the county. All fees collected for the services of such appointed person shall413
be paid into the general funds of the county served; or414
(B) In the case of an individual who is under the age of 17
18 years, the juvenile court415
of the county of residence of the patient or the county in which the patient is found."416
SECTION 3-13.417
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended418
by revising subsection (b) of Code Section 42-5-52, relating to classification and separation419
of inmates generally and placement of juvenile offenders, as follows:420
"(b) The department may establish separate correctional or similar institutions for the421
separation and care of juvenile offenders. The commissioner may transfer any juvenile422
under 17 18 years of age from the penal institution in which he or she is serving to the423
Department of Juvenile Justice, provided that the transfer is approved thereby. The424
juvenile may be returned to the custody of the commissioner when the commissioner of425
juvenile justice determines that the juvenile is unsuited to be dealt with therein. The426
commissioner may accept a juvenile for transfer into a penal institution upon the request427
of the commissioner of juvenile justice if such juvenile is 16 years of age or older and has428
been committed to the Department of Juvenile Justice for a class A designated felony act429
or class B designated felony act, as defined by Code Section 15-11-2, and such juvenile's430
behavior presents a substantial danger to any person at or within a Department of Juvenile431
Justice facility. In the event of such transfer, the department shall have the same authority432
over and responsibility for such juvenile as the Department of Juvenile Justice has for such433
juvenile and shall maintain sight and sound separation as set forth in paragraph (5) of434
subsection (c) of Code Section 15-11-504."435 23 LC 28 0568
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SECTION 3-14.
436
Said title is further amended by revising paragraph (7) of Code Section 42-7-2, relating to437
definitions, as follows:438
"(7) 'Youthful offender' means any male offender who is at least 17
18 but less than 25439
years of age at the time of conviction and who in the opinion of the department has the440
potential and desire for rehabilitation."441
SECTION 3-15.442
Said title is further amended by revising subsection (b) of Code Section 42-8-35.1, relating443
to probation boot camp unit as special alternative incarceration, as follows:444
"(b) Before a court may place such condition upon the sentence, an initial investigation445
shall be completed by the officer which indicates that the probationer is qualified for such446
treatment in that the individual does not appear to be physically or mentally disabled in a447
way that would prevent him or her from strenuous physical activity, that the individual has448
no obvious contagious diseases, that the individual is not less than 17 18 years of age nor449
more than 30 years of age at the time of sentencing, and that the Department of Corrections450
has granted provisional approval of the placement of the individual in the special451
alternative incarceration—probation boot camp unit."452
SECTION 3-16.453
Said title is further amended by revising subsection (b) of Code Section 42-8-35.4, relating454
to confinement in probation detention center, as follows:455
"(b) The court shall determine that the defendant is at least 17 18 years of age at the time456
of sentencing."457 23 LC 28 0568
H. B. 462
- 20 -
SECTION 3-17.
458
Said title is further amended by revising paragraph (4) of Code Section 42-12-3, relating to459
definitions for the "Prison Litigation Reform Act of 1996," as follows:460
"(4) 'Prisoner' means a person 17
18 years of age or older who has been convicted of a461
crime and is presently incarcerated or is being held in custody awaiting trial or462
sentencing."463
SECTION 3-18.464
Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended465
by revising paragraph (6) of subsection (b) of Code Section 49-4A-2, relating to the Board466
of Juvenile Justice created, appointments, terms, vacancies, chairperson, per diem and467
expenses, and responsibilities and rules, as follows:468
"(6) Adopt rules and regulations governing the transfer of children who are at least 17 18469
years of age and are released from restrictive custody due to an adjudication for a Class470
A designated felony act or Class B designated felony act, as such terms are defined in471
Code Section 15-11-2, to the Department of Community Supervision to ensure balanced472
attention to the protection of the community, the imposition of accountability, and the473
development of competencies to enable each child to become a responsible and474
productive member of the community, taking into consideration a child's level of475
participation in the department's educational, vocational, and other services prior to such476
release."477
SECTION 3-19.478
Said title is further amended by revising subsection (e) of Code Section 49-4A-9, relating to479
the sentence of youthful offenders, modification of order, review, and participation in480
programs, as follows:481 23 LC 28 0568
H. B. 462
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"(e) Any child under 17 18 years of age who is sentenced in the superior court and482
committed to the department may be eligible to participate in all juvenile detention facility483
programs and services including community work programs, sheltered workshops, special484
state sponsored programs for evaluation and services under the Georgia Vocational485
Rehabilitation Agency and the Department of Behavioral Health and Developmental486
Disabilities, and under the general supervision of juvenile detention facility staff at special487
planned activities outside of the juvenile detention facility. When such a child sentenced488
in the superior court is approaching his or her seventeenth eighteenth birthday, the489
department shall notify the court that a further disposition of the child is necessary. The490
department shall provide the court with information concerning the participation and491
progress of the child in programs described in this subsection. The court shall review the492
case and determine if the child, upon becoming 17 18 years of age, should be placed on493
probation, have his or her sentence reduced, be transferred to the Department of494
Corrections for the remainder of the original sentence, or be subject to any other495
determination authorized by law."496
SECTION 3-20.497
Said title is further amended by revising subsection (q) of Code Section 49-5-12, relating to498
licensing and inspection of child welfare agencies, standards, revocation or refusal of license,499
penalties, and violations, as follows:500
"(q) No person, official, agency, hospital, maternity home, or institution, public or private,501
in this state shall receive or accept a child under 17 18 years of age for placement or502
adoption or place such a child, either temporarily or permanently, in a home other than the503
home of the child's relatives without having been licensed or commissioned by the504
department. Notwithstanding the provisions of Code Section 49-5-12.1, violation of this505
subsection shall be punishable by a fine of not less than $500.00 nor exceeding $1,000.00506
for each offense. Nothing in this Code section shall be construed to prohibit a properly507 23 LC 28 0568
H. B. 462
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licensed attorney at law from providing necessary legal services and counsel to parties
508
engaged in or contemplating adoption proceedings. Nothing in this Code section shall be509
construed to prohibit an individual seeking to:510
(1) Adopt a child or children from receiving or accepting a child or children in the511
individual's home in anticipation of filing a petition for adoption under Article 1 of512
Chapter 8 of Title 19; or513
(2) Have that individual's child or children placed for adoption from placing that514
individual's child or children in the home of an individual who is not related to the child515
or children in anticipation of the individual's initiation of adoption proceedings pursuant516
to Article 1 of Chapter 8 of Title 19."517
SECTION 3-21.518
Said title is further amended by revising paragraph (1) of Code Section 49-5-90, relating to519
definitions, as follows:520
"(1) 'Child in care' means any person under the age of 17
18 years who has been admitted521
to, is cared for, or resides in a facility."522
PART IV523
SECTION 4-1.524
This part and Part I of this Act shall become effective upon their approval by the Governor525
or upon their becoming law without such approval. Parts II and III of this Act shall become526
effective January 1, 2025, provided that the funds necessary for the implementation of those527
parts in the 2024-2025 fiscal year are contained in specific line item appropriations in the528
General Appropriations Act for the 2024-2025 fiscal year. If such specific line item529
appropriations are not contained in the General Appropriations Act for the 2024-2025 fiscal530
year, then this Act shall be repealed by operation of law on January 1, 2025. The531 23 LC 28 0568
H. B. 462
- 23 -
determination of whether such specific line item appropriations are contained in the General
532
Appropriations Act for the 2024-2025 fiscal year shall be made by the cochairpersons of the533
implementation committee provided for in Code Section 15-11-42.534
SECTION 4-2.535
All laws and parts of laws in conflict with this Act are repealed.536