Georgia 2023-2024 Regular Session

Georgia House Bill HB462 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		23 LC 28 0594S
2	2		H. B. 462 (SUB)
3	3		- 1 -
4		-	House Bill 462 (COMMITTEE SUBSTITUTE)
5		-	By: Representatives Ballinger of the 23
6		-	rd
7		-	, Gunter of the 8
8		-	th
9		-	, Burchett of the 176
10		-	th
11		-	, Oliver of
12		-	the 82
13		-	nd
14		-	, and Camp of the 135
15		-	th
16		-
	4	+	The House Committee on Juvenile Justice offers the following substitute to HB 462
17	5		A BILL TO BE ENTITLED
18	6		AN ACT
19		-	To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the
20		-	1
	7	+	To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the1
21	8		Juvenile Code, so as to enact the "Raise the Age Act"; to provide for an implementation2
22	9		committee; to provide for the powers, composition, and appointment of such committee; to3
23	10		change the jurisdiction of the juvenile court to include certain children who are 17 years of4
24	11		age; to amend Titles 15, 16, 17, 27, 37, 42, and 49 of the Official Code of Georgia5
25	12		Annotated, relating to courts, crimes and offenses, criminal procedure, game and fish, mental6
26	13		health, penal institutions, and social services, respectively, so as to make conforming7
27	14		cross-references; to provide for effective dates and automatic repeal under certain8
28	15		circumstances; to provide for related matters; to repeal conflicting laws; and for other9
29	16		purposes.10
30	17		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 23 LC 28 0594S
31	18		H. B. 462 (SUB)
32	19		- 2 -
33		-	PART I
34		-	12
	20	+	PART I12
35	21		SECTION 1-1.13
36	22		Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile14
37	23		Code, is amended in Article 1, relating to general provisions, by adding a new Code section15
38	24		to read as follows:16
39		-	"15-11-42.
40		-	17
	25	+	"15-11-42.17
41	26		(a) This Code section shall be known and may be cited as the 'Raise the Age Act.'18
42	27		(b) There shall be an implementation committee that shall consist of 12 members as19
43	28		follows:20
44	29		(1) The chairperson of the House Committee on Juvenile Justice;21
45	30		(2) The chairperson of the Senate Judiciary Committee;22
46	31		(3) The commissioner of the Department of Juvenile Justice or his or her designee;23
47	32		(4) The president of the Georgia Sheriffs' Association or his or her designee;24
48	33		(5) The executive director of the Administrative Office of the Courts or his or her25
49	34		designee;26
50	35		(6) The executive director of the Prosecuting Attorneys' Council of the State of Georgia27
51	36		or his or her designee;28
52	37		(7) The executive director of the Georgia Association of Criminal Defense Lawyers or29
53	38		his or her designee;30
54	39		(8) The executive director of the Criminal Justice Coordinating Council or his or her31
55	40		designee;32
56	41		(9) The director of the Governor's Office of Planning and Budget or his or her designee;33
57	42		(10) The president of the Council of Juvenile Court Judges or his or her designee;34
58	43		(11) The executive director of the Association County Commissioners of Georgia or his35
59	44		or her designee; and36
60	45		(12) The president of the Georgia Council of Court Administrators or his or her designee.37 23 LC 28 0594S
61	46		H. B. 462 (SUB)
62	47		- 3 -
63	48		The chairperson of the House Committee on Juvenile Justice and the chairperson of the38
64	49		Senate Judiciary Committee shall serve as cochairpersons of the committee. The39
65	50		committee shall meet upon the call of the chairs.40
66	51		(c) The committee may confer with any appropriate subject matter experts, state agencies41
67	52		and advisory members to the committees as selected by the chairs, including the president42
68	53		of the Georgia Association of Chiefs of Police, the executive director of the Georgia Public43
69	54		Safety Training Center, attorneys who regularly practice in the juvenile courts, and44
70	55		advocates for children and youth, on matters relating to implementing raising the juvenile45
71	56		age, including equipment, security, and technological aspects in connection to raising the46
72	57		age of juvenile offenders regarding:47
73	58		(1) Standards and practices of other jurisdictions;48
74	59		(2) The most recent standards promulgated by national standard-setting bodies; and49
75	60		(3) The views of interested persons, government officials, and entities.50
76	61		(d) The committee shall commence no later than May 15, 2023, and shall stand abolished51
77	62		on December 31, 2024.52
78	63		(e) The committee shall provide a detailed written report including all the necessary53
79	64		operational and statutory changes required to include 17 year-old children in the juvenile54
80	65		justice system, including cost estimates for capital outlay, operating expenses, and staffing55
81	66		needs, for each part of the implementation plan. The report shall also include the estimated56
82	67		time required for such proposed implementation as well as any other data, reports,57
83	68		statistical information, and other facts and figures necessary for the successful58
84	69		implementation of such policy. Such report shall be provided to the Governor, the59
85	70		Lieutenant Governor, and the members of the General Assembly not later than60
86	71		December 1, 2023.61
87	72		(f) This Code Section shall stand repealed in its entirety on January 1, 2025."62 23 LC 28 0594S
88	73		H. B. 462 (SUB)
89	74		- 4 -
90		-	PART II
91		-	63
	75	+	PART II63
92	76		SECTION 2-1.64
93	77		Said chapter is further amended by revising paragraph (10) of Code Section 15-11-2, relating65
94	78		to definitions, as follows:66
95	79		"(10) 'Child' means any individual who is:67
96	80		(A) Under the age of 18 years;68
97		-	(B) Under the age of 17 years when alleged to have committed a delinquent act;
98		-	69
	81	+	(B) Under the age of 17 years when alleged to have committed a delinquent act;69
99	82		(C)(B) Between 18 and 21 years of age and receiving extended care youth services70
100	83		from DFCS; or71
101	84		(D)(C) Under the age of 21 years who committed an act of delinquency before72
102	85		reaching the age of 17 18 years and who has been placed under the supervision of the73
103	86		court or on probation to the court for the purpose of enforcing orders of the court."74
104	87		SECTION 2-2.75
105	88		Said chapter is further amended by revising subsection (a) of Code Section 15-11-7, relating76
106	89		to court of inquiry, as follows:77
107	90		"(a) The juvenile court shall have jurisdiction to act as a court of inquiry with all the78
108	91		powers and rights allowed courts of inquiry in this state and to examine or investigate into79
109	92		the circumstances or causes of any conduct or acts of any person 17 18 or more years of80
110	93		age that may be in violation of the laws of this state whenever such person is brought81
111	94		before the court in the course of any proceeding instituted under this chapter. The court82
112	95		shall cause the person to be apprehended and brought before it upon either a writ of83
113	96		summons, a warrant duly issued, or by arrest."84 23 LC 28 0594S
114	97		H. B. 462 (SUB)
115	98		- 5 -
116		-	SECTION 2-3.
117		-	85
	99	+	SECTION 2-3.85
118	100		Said chapter is further amended by revising subparagraph (E) of paragraph (1) of Code86
119	101		Section 15-11-10, relating to exclusive original jurisdiction, as follows:87
120	102		"(E) Has been placed under the supervision of the court or on probation to the court;88
121	103		provided, however, that such jurisdiction shall be for the purpose of completing,89
122		-	effectuating, and enforcing such supervision or a probation begun either
123		-	prior to such90
	104	+	effectuating, and enforcing such supervision or a probation begun either prior to such90
124	105		child's seventeenth eighteenth birthday if the order is entered as a disposition for an91
125	106		adjudication for delinquency or prior to such child's eighteenth birthday if the order is92
126	107		entered for an adjudication for a child in need of services;"93
127	108		SECTION 2-4.94
128	109		Said chapter is further amended by revising subsection (e) of Code Section 15-11-504,95
129	110		relating to place of detention, as follows:96
130	111		"(e) The official in charge of a jail or other facility for the detention of adult offenders or97
131	112		persons charged with a crime shall inform the court or the juvenile court intake officer98
132	113		immediately when a child who appears to be under the age of 17 18 years is received at99
133	114		such facility and shall deliver such child to the court upon request or transfer such child to100
134	115		the facility designated by the juvenile court intake officer or the court."101
135	116		SECTION 2-5.102
136	117		Said chapter is further amended by revising Code Section 15-11-560, relating to concurrent103
137	118		and original jurisdiction of superior court, as follows:104
138	119		"15-11-560.105
139	120		(a) Except as provided in subsection (b) of this Code section, the court shall have106
140	121		concurrent jurisdiction with the superior court over a child who is alleged to have107
141	122		committed a delinquent act which would be considered a crime if tried in a superior court108 23 LC 28 0594S
142	123		H. B. 462 (SUB)
143	124		- 6 -
144		-	and for which an adult may be punished by loss of life, imprisonment for life without
145		-	109
	125	+	and for which an adult may be punished by loss of life, imprisonment for life without109
146	126		possibility of parole, or confinement for life in a penal institution.110
147	127		(b) The superior court shall have exclusive original jurisdiction over the trial of any111
148		-	child 13 to 17
149		-	18 years of age who is alleged to have committed any of the following112
	128	+	child 13 to 17 18 years of age who is alleged to have committed any of the following112
150	129		offenses:113
151	130		(1) Murder;114
152	131		(2) Murder in the second degree;115
153	132		(3) Voluntary manslaughter;116
154	133		(4) Rape;117
155	134		(5) Aggravated sodomy;118
156	135		(6) Aggravated child molestation;119
157	136		(7) Aggravated sexual battery;120
158	137		(8) Armed robbery if committed with a firearm;121
159	138		(9) Aggravated assault if committed with a firearm upon a public safety officer as such122
160	139		acts are prohibited under subsection (c) of Code Section 16-5-21; or123
161	140		(10) Aggravated battery upon a public safety officer as such acts are prohibited under124
162	141		subsection (c) of Code Section 16-5-24.125
163	142		(c) The granting of bail or pretrial release of a child charged with an offense enumerated126
164	143		in subsection (b) of this Code section shall be governed by the provisions of Code127
165	144		Section 17-6-1.128
166	145		(d) At any time before indictment, the district attorney may, after investigation and for129
167	146		cause, decline prosecution in the superior court of a child 13 to 17 18 years of age alleged130
168	147		to have committed an offense specified in subsection (b) of this Code section. Upon131
169	148		declining such prosecution in the superior court, the district attorney shall cause a petition132
170	149		to be filed in the appropriate juvenile court for adjudication within 72 hours if the child is133
171	150		in detention or 30 days if the child is not in detention. Except as provided in paragraph (8)134
172	151		of subsection (b) of Code Section 15-11-602, any case transferred by the district attorney135 23 LC 28 0594S
173	152		H. B. 462 (SUB)
174	153		- 7 -
175		-	to the juvenile court pursuant to this subsection shall be subject to the class A designated
176		-	136
	154	+	to the juvenile court pursuant to this subsection shall be subject to the class A designated136
177	155		felony act provisions of Code Section 15-11-602, and the transfer of the case from superior137
178	156		court to juvenile court shall constitute notice to such child that such case is subject to the138
179	157		class A designated felony act provisions of Code Section 15-11-602.139
180	158		(e)(1) After indictment, the superior court may after investigation transfer to the juvenile140
181		-	court any case involving a child 13 to 17
182		-	18 years of age alleged to have committed any141
	159	+	court any case involving a child 13 to 17 18 years of age alleged to have committed any141
183	160		act described in paragraph (3), (5), (6), (7), (9), or (10) of subsection (b) of this Code142
184	161		section. In considering the transfer of such case, the court shall consider the criteria set143
185	162		forth in Code Section 15-11-562. Any such transfer shall be appealable by the State of144
186	163		Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior court,145
187	164		jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall146
188	165		terminate.147
189	166		(2) Except as provided in paragraph (8) of subsection (b) of Code Section 15-11-602, any148
190	167		case transferred by the superior court to the juvenile court pursuant to this subsection149
191	168		shall be subject to the class A designated felony act provisions of Code150
192	169		Section 15-11-602, and the transfer of the case from superior court to juvenile court shall151
193	170		constitute notice to such child that such case is subject to the class A designated felony152
194	171		act provisions of Code Section 15-11-602.153
195	172		(f) The superior court may transfer any case involving a child 13 to 17 18 years of age154
196	173		alleged to have committed any offense enumerated in subsection (b) of this Code section155
197	174		and convicted of a lesser included offense not included in subsection (b) of this Code156
198	175		section to the juvenile court of the county of such child's residence for disposition. Upon157
199	176		such a transfer by the superior court, jurisdiction shall vest in the juvenile court and158
200	177		jurisdiction of the superior court shall terminate.159
201	178		(g) Within 30 days of any proceeding in which a child 13 to 17 18 years of age is160
202	179		convicted of certain offenses over which the superior court has original jurisdiction as161
203	180		provided in subsection (b) of this Code section or adjudicated as a delinquent child on the162 23 LC 28 0594S
204	181		H. B. 462 (SUB)
205	182		- 8 -
206		-	basis of conduct which if committed by an adult would constitute such offenses, the
207		-	163
	183	+	basis of conduct which if committed by an adult would constitute such offenses, the163
208	184		superior court shall provide written notice to the school superintendent or his or her164
209	185		designee of the school in which such child is enrolled or, if the information is known, of165
210	186		the school in which such child plans to be enrolled at a future date. Such notice shall166
211	187		include the specific criminal offense that such child committed. The local school system167
212	188		to which such child is assigned may request further information from the court's file.168
213	189		(h) As used in this Code section, the term 'firearm' means a handgun, rifle, shotgun, or169
214	190		other weapon which will or can be converted to expel a projectile by the action of an170
215	191		explosive or electrical charge."171
216	192		SECTION 2-6.172
217	193		Said chapter is further amended by revising paragraph (3) of subsection (a) and173
218	194		subsection (d) of Code Section 15-11-561, relating to waiver of juvenile court jurisdiction174
219	195		and transfer to superior court, as follows:175
220	196		"(3) The petition alleges that such child: 176
221	197		(A) Was at least 15 years of age at the time of the commission of the offense and177
222		-	committed an act which would be a felony if committed by an adult; or
223		-	178
	198	+	committed an act which would be a felony if committed by an adult; or178
224	199		(B) Was 13 or 14 years of age and either committed an act for which the punishment179
225	200		is loss of life or confinement for life in a penal institution or committed aggravated180
226	201		battery resulting in serious bodily injury to an alleged victim who is not a public safety181
227	202		officer as such term is defined in Code Section 16-5-19;182
228	203		(C) Was 17 years of age at the time he or she is alleged to have committed criminal183
229	204		gang activity, as defined in subparagraphs (A) through (G) and (J) of paragraph (1) of184
230	205		Code Section 16-15-3, in violation of Code Section 16-15-4; or185
231	206		(D) Was 17 years of age at the time he or she is alleged to have committed an act186
232	207		which would constitute a second or subsequent commission of a delinquent act for an187
233	208		offense which, if committed by an adult, would constitute a felony offense."188 23 LC 28 0594S
234	209		H. B. 462 (SUB)
235	210		- 9 -
236	211		"(d) No child, either before or after reaching 17 18 years of age, shall be prosecuted in189
237	212		superior court for an offense committed before the child turned 17 18, unless the case has190
238	213		been transferred as provided in this part. In addition, no child shall be subject to criminal191
239	214		prosecution at any time for an offense arising out of a criminal transaction for which the192
240	215		juvenile court retained jurisdiction in its transfer order."193
241	216		SECTION 2-7.194
242	217		Said chapter is further amended by revising subsection (a) of Code section 15-11-562,195
243	218		relating to transfer criteria and written reports, as follows:196
244	219		"(a) The criteria that the juvenile court shall consider in determining whether to transfer197
245	220		an alleged delinquent child as set forth in subsection (a) of Code Section 15-11-561 to198
246	221		superior court and the criteria that the superior court shall consider in determining whether199
247	222		to transfer any case involving a child 13 to 17 18 years of age alleged to have committed200
248	223		any act described in paragraph (3), (5), (6), (7), (9), or (10) of subsection (b) of Code201
249	224		Section 15-11-560 to juvenile court as set forth in subsection (e) of Code202
250	225		Section 15-11-560 includes, but shall not be limited to:203
251	226		(1) The age of such child;204
252	227		(2) The seriousness of the alleged offense, especially if personal injury resulted;205
253	228		(3) Whether the protection of the community requires transfer of jurisdiction;206
254	229		(4) Whether the alleged offense involved violence or was committed in an aggressive or207
255	230		premeditated manner;208
256	231		(5) The impact of the alleged offense on the alleged victim, including the permanence209
257	232		of any physical or emotional injury sustained, health care expenses incurred, and lost210
258	233		earnings suffered;211
259	234		(6) The culpability of such child including such child's level of planning and212
260	235		participation in the alleged offense;213 23 LC 28 0594S
261	236		H. B. 462 (SUB)
262	237		- 10 -
263		-	(7) Whether the alleged offense is a part of a repetitive pattern of offenses which
264		-	214
	238	+	(7) Whether the alleged offense is a part of a repetitive pattern of offenses which214
265	239		indicates that such child may be beyond rehabilitation in the juvenile justice system;215
266	240		(8) The record and history of such child, including experience with the juvenile justice216
267	241		system, other courts, supervision, commitments to juvenile institutions, and other217
268	242		placements;218
269	243		(9) The sophistication and maturity of such child as determined by consideration of his219
270	244		or her home and environmental situation, emotional condition, and pattern of living;220
271	245		(10) The program and facilities available to the juvenile court in considering disposition;221
272	246		and222
273	247		(11) Whether or not a child can benefit from the treatment or rehabilitative programs223
274	248		available to the juvenile court."224
275	249		SECTION 2-8.225
276	250		Said chapter is further amended by revising subsection (b) of Code Section 15-11-565,226
277	251		relating to places authorized for detention of child before and after transfer order, as follows:227
278	252		"(b) After the entry of a judgment ordering transfer, a child shall be detained only in those228
279	253		places authorized for the detention of a child until such child, as set forth in Code229
280		-	Section 15-11-34, reaches 17
281		-	18 years of age."230
	254	+	Section 15-11-34, reaches 17 18 years of age."230
282	255		PART III231
283	256		SECTION 3-1.232
284	257		Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising233
285	258		subsection (a) of Code Section 15-6-36, relating to notice of student's felony conviction to234
286	259		school superintendent, as follows:235
287	260		"(a) For the purposes of this Code section, 'conviction' means any felony conviction of a236
288	261		person who is at least 17 18 years of age."237 23 LC 28 0594S
289	262		H. B. 462 (SUB)
290	263		- 11 -
291		-	SECTION 3-2.
292		-	238
	264	+	SECTION 3-2.238
293	265		Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is239
294	266		amended by revising paragraph (1) of subsection (c) of Code Section 16-5-21, relating to240
295	267		aggravated assault, as follows:241
296	268		"(c)(1) A person who knowingly commits the offense of aggravated assault upon a public242
297	269		safety officer while he or she is engaged in, or on account of the performance of, his or243
298	270		her official duties shall, upon conviction thereof, be punished as follows:244
299	271		(A) When such assault occurs by the discharge of a firearm by a person who is at245
300		-	least 17
301		-	18 years of age, such person shall be punished by imprisonment for not less246
	272	+	least 17 18 years of age, such person shall be punished by imprisonment for not less246
302	273		than ten nor more than 20 years and shall be sentenced to a mandatory minimum term247
303	274		of imprisonment of ten years and no portion of the mandatory minimum sentence248
304	275		imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing249
305	276		court; provided, however, that in the court's discretion, the court may depart from such250
306	277		mandatory minimum sentence when the prosecuting attorney and defendant have251
307	278		agreed to a sentence that is below such mandatory minimum;252
308	279		(B) When such assault does not involve the discharge of a firearm by a person who is253
309	280		at least 17 18 years of age, and does not involve only the use of the person's body, such254
310	281		person shall be punished by imprisonment for not less than five nor more than 20 years255
311	282		and, for persons who are at least 17 18 years of age, shall be sentenced to a mandatory256
312	283		minimum term of imprisonment of three years and no portion of the mandatory257
313	284		minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld258
314	285		by the sentencing court; provided, however, that in the court's discretion, the court may259
315	286		depart from such mandatory minimum sentence when the prosecuting attorney and260
316	287		defendant have agreed to a sentence that is below such mandatory minimum; or261
317	288		(C) When such assault occurs only involving the use of the person's body, by262
318	289		imprisonment for not less than five nor more than 20 years."263 23 LC 28 0594S
319	290		H. B. 462 (SUB)
320	291		- 12 -
321		-	SECTION 3-3.
322		-	264
	292	+	SECTION 3-3.264
323	293		Said title is further amended by revising paragraph (1) of subsection (c) of Code265
324	294		Section 16-5-24, relating to aggravated battery, as follows:266
325	295		"(c)(1) A person who knowingly commits the offense of aggravated battery upon a public267
326	296		safety officer while the public safety officer is engaged in, or on account of the268
327	297		performance of, his or her official duties shall, upon conviction thereof, be punished by269
328	298		imprisonment for not less than ten nor more than 20 years; provided, however, that for270
329		-	persons who are at least 17
330		-	18 years of age, a mandatory minimum term of imprisonment271
	299	+	persons who are at least 17 18 years of age, a mandatory minimum term of imprisonment271
331	300		of three years shall be imposed and no portion of the mandatory minimum sentence shall272
332	301		be suspended, stayed, probated, deferred, or otherwise withheld by the sentencing court;273
333	302		provided, however, that in the court's discretion, the court may depart from such274
334	303		mandatory minimum sentence when the prosecuting attorney and defendant have agreed275
335	304		to a sentence that is below such mandatory minimum."276
336	305		SECTION 3-4.277
337	306		Said title is further amended by revising paragraph (3) of subsection (a) of Code278
338	307		Section 16-12-1, relating to contributing to the delinquency or dependency of a minor, as279
339	308		follows:280
340	309		"(3) 'Minor' means any individual who is under the age of 17 years who is alleged to have281
341	310		committed a delinquent act or any individual under the age of 18 years."282
342	311		SECTION 3-5.283
343	312		Said title is further amended by revising subsection (b) of Code Section 16-12-100.3, relating284
344	313		to obscene telephone contact, conviction, and penalties, as follows:285
345	314		"(b) A person 17 18 years of age or over commits the offense of obscene telephone contact286
346	315		with a child if that person has telephone contact with an individual whom that person287
347	316		knows or should have known is a child, and that contact involves any aural matter288 23 LC 28 0594S
348	317		H. B. 462 (SUB)
349	318		- 13 -
350		-	containing explicit verbal descriptions or narrative accounts of sexually explicit nudity,
351		-	289
	319	+	containing explicit verbal descriptions or narrative accounts of sexually explicit nudity,289
352	320		sexual conduct, sexual excitement, or sadomasochistic abuse which is intended to arouse290
353	321		or satisfy the sexual desire of either the child or the person, provided that no conviction291
354	322		shall be had for this offense on the unsupported testimony of the victim."292
355	323		SECTION 3-6.293
356	324		Said title is further amended by revising subsection (k) of Code Section 16-13-30, relating294
357	325		to purchase, possession, manufacture, distribution, or sale of controlled substances or295
358	326		marijuana, and penalties, as follows:296
359	327		"(k) It shall be unlawful for any person to hire, solicit, engage, or use an individual under297
360		-	the age of 17
361		-	18 years, in any manner, for the purpose of manufacturing, distributing, or298
	328	+	the age of 17 18 years, in any manner, for the purpose of manufacturing, distributing, or298
362	329		dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or299
363	330		marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by300
364	331		law. Any person who violates this subsection shall be guilty of a felony and, upon301
365	332		conviction thereof, shall be punished by imprisonment for not less than five years nor more302
366	333		than 20 years or by a fine not to exceed $20,000.00, or both."303
367	334		SECTION 3-7.304
368	335		Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is305
369	336		amended by revising Code Section 17-9-3, relating to recommendations for mercy in capital306
370	337		cases other than those of homicide, and effect of no recommendation for mercy in capital307
371	338		cases generally and where defendant under age of 17 at time of commission of offense, as308
372	339		follows:309
373	340		"17-9-3.310
374	341		In all capital cases, other than those of homicide, when the verdict is 'guilty,' with a311
375	342		recommendation for mercy, it shall be legal and shall mean imprisonment for life. When312
376	343		the verdict is 'guilty,' without a recommendation for mercy, it shall be legal and shall mean313 23 LC 28 0594S
377	344		H. B. 462 (SUB)
378	345		- 14 -
379		-	that the convicted person shall be sentenced to death. When it is shown that a person
380		-	314
381		-	convicted of a capital offense without a recommendation for mercy had not reached his or
382		-	315
	346	+	that the convicted person shall be sentenced to death. When it is shown that a person314
	347	+	convicted of a capital offense without a recommendation for mercy had not reached his or315
383	348		her seventeenth eighteenth birthday at the time of the commission of the offense, the316
384	349		punishment of such person shall not be death but shall be imprisonment for life."317
385	350		SECTION 3-8.318
386	351		Said title is further amended by revising Code Section 17-10-14, relating to committal of319
387	352		person under 17 convicted of felony, as follows:320
388	353		"17-10-14.321
389	354		(a) Notwithstanding any other provisions of this article and except as otherwise provided322
390	355		in subsection (b) of this Code section, in any case where a person under the age of 17 18323
391	356		years is convicted of a felony and sentenced as an adult to life imprisonment or to a certain324
392	357		term of imprisonment, such person shall be committed to the Department of Juvenile325
393	358		Justice to serve such sentence in a detention center of such department until such person326
394	359		is 17 18 years of age at which time such person shall be transferred to the Department of327
395	360		Corrections to serve the remainder of the sentence. This Code section shall apply to any328
396	361		person convicted on or after July 1, 1987, and to any person convicted prior to such date329
397	362		who has not been committed to an institution operated by the Department of Corrections.330
398	363		(b) If a child is transferred to superior court pursuant to Code Section 15-11-561 and331
399	364		convicted of aggravated assault as defined in Chapter 5 of Title 16, the court may sentence332
400	365		such child to the Department of Corrections. Such child shall be housed in a designated333
401	366		youth confinement unit until such person is 17 18 years of age, at which time such person334
402	367		may be housed in any other unit designated by the Department of Corrections."335 23 LC 28 0594S
403	368		H. B. 462 (SUB)
404	369		- 15 -
405		-	SECTION 3-9.
406		-	336
	370	+	SECTION 3-9.336
407	371		Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by337
408	372		revising paragraph (1) of subsection (b) of Code Section 27-3-63, relating to general offenses338
409	373		and penalties, as follows:339
410	374		"(1) For the first offense, the offender shall be fined not less than $100.00, except that340
411		-	this minimum fine shall not apply to the offender if he or she
412		-	is 17 18 years of age or341
	375	+	this minimum fine shall not apply to the offender if he or she is 17 18 years of age or341
413	376		younger;"342
414	377		SECTION 3-10.343
415	378		Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by344
416	379		revising paragraph (4) of Code Section 37-3-1, relating to definitions, as follows:345
417	380		"(4) 'Court' means:346
418	381		(A) In the case of an individual who is 17 18 years of age or older, the probate court347
419	382		of the county of residence of the patient or the county in which such patient is found.348
420	383		Notwithstanding Code Section 15-9-13, in any case in which the judge of such court is349
421	384		unable to hear a case brought under this chapter within the time required for such350
422	385		hearing or is unavailable to issue the order specified in subsection (b) of Code351
423	386		Section 37-3-41, such judge shall appoint a person to serve and exercise all the352
424	387		jurisdiction of the probate court in such case. Any person so appointed shall be a353
425	388		member of the State Bar of Georgia and shall be otherwise qualified for his or her354
426	389		duties by training and experience. Such appointment may be made on a case-by-case355
427	390		basis or by making a standing appointment of one or more persons. Any person356
428	391		receiving such standing appointment shall serve at the pleasure of the judge making the357
429	392		appointment or his or her successor in office to hear such cases if and when necessary.358
430	393		The compensation of a person so appointed shall be as agreed upon by the judge who359
431	394		makes the appointment and the person appointed with the approval of the governing360
432	395		authority of the county for which such person is appointed and shall be paid from the361 23 LC 28 0594S
433	396		H. B. 462 (SUB)
434	397		- 16 -
435		-	county funds of said county. All fees collected for the services of such appointed
436		-	362
	398	+	county funds of said county. All fees collected for the services of such appointed362
437	399		person shall be paid into the general funds of the county served; or363
438		-	(B) In the case of an individual who is under the age of 17
439		-	18 years, the juvenile court364
	400	+	(B) In the case of an individual who is under the age of 17 18 years, the juvenile court364
440	401		of the county of residence of the patient or the county in which such patient is found."365
441	402		SECTION 3-11.366
442	403		Said title is further amended by revising paragraph (5) of Code Section 37-4-2, relating to367
443	404		definitions, as follows:368
444	405		"(5) 'Court' means:369
445	406		(A) In the case of an individual who is 17 18 years of age or older, the probate court370
446	407		of the county of residence of the client or the county in which such client is found.371
447	408		Notwithstanding Code Section 15-9-13, in any case in which the judge of said probate372
448	409		court is unable to hear a case brought under this chapter within the time required for373
449	410		such hearing, said judge shall appoint a person to serve and exercise all the jurisdiction374
450	411		of the probate court in such case. Any person so appointed shall be a member of the375
451	412		State Bar of Georgia and shall be otherwise qualified for his or her duties by training376
452	413		and experience. Such appointment may be made on a case-by-case basis or by making377
453	414		a standing appointment of one or more persons. Any person receiving such standing378
454	415		appointment shall serve at the pleasure of the judge making the appointment or the379
455	416		judge's successor in office to hear such cases if and when necessary. The compensation380
456	417		of a person so appointed shall be as agreed upon by the judge who makes the381
457	418		appointment and the person appointed with the approval of the governing authority of382
458	419		the county for which such person is appointed and shall be paid from the county funds383
459	420		of said county. All fees collected for the services of such appointed person shall be paid384
460	421		into the general funds of the county served; or385
461	422		(B) In the case of an individual who is under the age of 17 18 years, the juvenile court386
462	423		of the county of residence of the client or the county in which such client is found."387 23 LC 28 0594S
463	424		H. B. 462 (SUB)
464	425		- 17 -
465		-	SECTION 3-12.
466		-	388
	426	+	SECTION 3-12.388
467	427		Said title is further amended by revising paragraph (7) of Code Section 37-7-1, relating to389
468	428		definitions, as follows:390
469	429		"(7) 'Court' means:391
470		-	(A) In the case of an individual who is 17
471		-	18 years of age or older, the probate court392
	430	+	(A) In the case of an individual who is 17 18 years of age or older, the probate court392
472	431		for the county of residence of the patient or the county in which such patient is found.393
473	432		Notwithstanding Code Section 15-9-13, in any case in which the judge of the probate394
474	433		court is unable to hear a case brought under this chapter within the time required for395
475	434		such hearing or is unavailable to issue the order specified in subsection (b) of Code396
476	435		Section 37-7-41, the judge shall appoint a person to serve and exercise all the397
477	436		jurisdiction of the probate court in such case. Any person so appointed shall be a398
478	437		member of the State Bar of Georgia and be otherwise qualified for his or her duties by399
479	438		training and experience. Such appointment may be made on a case-by-case basis or by400
480	439		making a standing appointment of one or more persons. Any person receiving such a401
481	440		standing appointment shall serve at the pleasure of the judge making the appointment402
482	441		or his or her successor in office to hear such cases if and when necessary. The403
483	442		compensation of a person so appointed shall be as agreed upon by the judge who makes404
484	443		the appointment and the person appointed and as approved by the governing authority405
485	444		of the county for which such person is appointed and shall be paid from the county406
486	445		funds of the county. All fees collected for the services of such appointed person shall407
487	446		be paid into the general funds of the county served; or408
488	447		(B) In the case of an individual who is under the age of 17 18 years, the juvenile court409
489	448		of the county of residence of the patient or the county in which the patient is found."410 23 LC 28 0594S
490	449		H. B. 462 (SUB)
491	450		- 18 -
492		-	SECTION 3-13.
493		-	411
	451	+	SECTION 3-13.411
494	452		Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended412
495	453		by revising subsection (b) of Code Section 42-5-52, relating to classification and separation413
496	454		of inmates generally and placement of juvenile offenders, as follows:414
497	455		"(b) The department may establish separate correctional or similar institutions for the415
498	456		separation and care of juvenile offenders. The commissioner may transfer any juvenile416
499		-	under 17
500		-	18 years of age from the penal institution in which he or she is serving to the417
	457	+	under 17 18 years of age from the penal institution in which he or she is serving to the417
501	458		Department of Juvenile Justice, provided that the transfer is approved thereby. The418
502	459		juvenile may be returned to the custody of the commissioner when the commissioner of419
503	460		juvenile justice determines that the juvenile is unsuited to be dealt with therein. The420
504	461		commissioner may accept a juvenile for transfer into a penal institution upon the request421
505	462		of the commissioner of juvenile justice if such juvenile is 16 years of age or older and has422
506	463		been committed to the Department of Juvenile Justice for a class A designated felony act423
507	464		or class B designated felony act, as defined by Code Section 15-11-2, and such juvenile's424
508	465		behavior presents a substantial danger to any person at or within a Department of Juvenile425
509	466		Justice facility. In the event of such transfer, the department shall have the same authority426
510	467		over and responsibility for such juvenile as the Department of Juvenile Justice has for such427
511	468		juvenile and shall maintain sight and sound separation as set forth in paragraph (5) of428
512	469		subsection (c) of Code Section 15-11-504."429
513	470		SECTION 3-14.430
514	471		Said title is further amended by revising paragraph (7) of Code Section 42-7-2, relating to431
515	472		definitions, as follows:432
516	473		"(7) 'Youthful offender' means any male offender who is at least 17 18 but less than 25433
517	474		years of age at the time of conviction and who in the opinion of the department has the434
518	475		potential and desire for rehabilitation."435 23 LC 28 0594S
519	476		H. B. 462 (SUB)
520	477		- 19 -
521		-	SECTION 3-15.
522		-	436
	478	+	SECTION 3-15.436
523	479		Said title is further amended by revising subsection (b) of Code Section 42-8-35.1, relating437
524	480		to probation boot camp unit as special alternative incarceration, as follows:438
525	481		"(b) Before a court may place such condition upon the sentence, an initial investigation439
526	482		shall be completed by the officer which indicates that the probationer is qualified for such440
527	483		treatment in that the individual does not appear to be physically or mentally disabled in a441
528	484		way that would prevent him or her from strenuous physical activity, that the individual has442
529		-	no obvious contagious diseases, that the individual is not less than 17
530		-	18 years of age nor443
	485	+	no obvious contagious diseases, that the individual is not less than 17 18 years of age nor443
531	486		more than 30 years of age at the time of sentencing, and that the Department of Corrections444
532	487		has granted provisional approval of the placement of the individual in the special445
533	488		alternative incarceration—probation boot camp unit."446
534	489		SECTION 3-16.447
535	490		Said title is further amended by revising subsection (b) of Code Section 42-8-35.4, relating448
536	491		to confinement in probation detention center, as follows:449
537	492		"(b) The court shall determine that the defendant is at least 17 18 years of age at the time450
538	493		of sentencing."451
539	494		SECTION 3-17.452
540	495		Said title is further amended by revising paragraph (4) of Code Section 42-12-3, relating to453
541	496		definitions for the "Prison Litigation Reform Act of 1996," as follows:454
542	497		"(4) 'Prisoner' means a person 17 18 years of age or older who has been convicted of a455
543	498		crime and is presently incarcerated or is being held in custody awaiting trial or456
544	499		sentencing."457 23 LC 28 0594S
545	500		H. B. 462 (SUB)
546	501		- 20 -
547		-	SECTION 3-18.
548		-	458
	502	+	SECTION 3-18.458
549	503		Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended459
550	504		by revising paragraph (6) of subsection (b) of Code Section 49-4A-2, relating to the Board460
551	505		of Juvenile Justice created, appointments, terms, vacancies, chairperson, per diem and461
552	506		expenses, and responsibilities and rules, as follows:462
553		-	"(6) Adopt rules and regulations governing the transfer of children who are at least 17
554		-	18463
	507	+	"(6) Adopt rules and regulations governing the transfer of children who are at least 17 18463
555	508		years of age and are released from restrictive custody due to an adjudication for a Class464
556	509		A designated felony act or Class B designated felony act, as such terms are defined in465
557	510		Code Section 15-11-2, to the Department of Community Supervision to ensure balanced466
558	511		attention to the protection of the community, the imposition of accountability, and the467
559	512		development of competencies to enable each child to become a responsible and468
560	513		productive member of the community, taking into consideration a child's level of469
561	514		participation in the department's educational, vocational, and other services prior to such470
562	515		release."471
563	516		SECTION 3-19.472
564	517		Said title is further amended by revising subsection (e) of Code Section 49-4A-9, relating to473
565	518		the sentence of youthful offenders, modification of order, review, and participation in474
566	519		programs, as follows:475
567	520		"(e) Any child under 17 18 years of age who is sentenced in the superior court and476
568	521		committed to the department may be eligible to participate in all juvenile detention facility477
569	522		programs and services including community work programs, sheltered workshops, special478
570	523		state sponsored programs for evaluation and services under the Georgia Vocational479
571	524		Rehabilitation Agency and the Department of Behavioral Health and Developmental480
572	525		Disabilities, and under the general supervision of juvenile detention facility staff at special481
573	526		planned activities outside of the juvenile detention facility. When such a child sentenced482
574	527		in the superior court is approaching his or her seventeenth eighteenth birthday, the483 23 LC 28 0594S
575	528		H. B. 462 (SUB)
576	529		- 21 -
577		-	department shall notify the court that a further disposition of the child is necessary. The
578		-	484
	530	+	department shall notify the court that a further disposition of the child is necessary. The484
579	531		department shall provide the court with information concerning the participation and485
580	532		progress of the child in programs described in this subsection. The court shall review the486
581		-	case and determine if the child, upon becoming 17
582		-	18 years of age, should be placed on487
	533	+	case and determine if the child, upon becoming 17 18 years of age, should be placed on487
583	534		probation, have his or her sentence reduced, be transferred to the Department of488
584	535		Corrections for the remainder of the original sentence, or be subject to any other489
585	536		determination authorized by law."490
586	537		SECTION 3-20.491
587	538		Said title is further amended by revising subsection (q) of Code Section 49-5-12, relating to492
588	539		licensing and inspection of child welfare agencies, standards, revocation or refusal of license,493
589	540		penalties, and violations, as follows:494
590	541		"(q) No person, official, agency, hospital, maternity home, or institution, public or private,495
591	542		in this state shall receive or accept a child under 17 18 years of age for placement or496
592	543		adoption or place such a child, either temporarily or permanently, in a home other than the497
593	544		home of the child's relatives without having been licensed or commissioned by the498
594	545		department. Notwithstanding the provisions of Code Section 49-5-12.1, violation of this499
595	546		subsection shall be punishable by a fine of not less than $500.00 nor exceeding $1,000.00500
596	547		for each offense. Nothing in this Code section shall be construed to prohibit a properly501
597	548		licensed attorney at law from providing necessary legal services and counsel to parties502
598	549		engaged in or contemplating adoption proceedings. Nothing in this Code section shall be503
599	550		construed to prohibit an individual seeking to:504
600	551		(1) Adopt a child or children from receiving or accepting a child or children in the505
601	552		individual's home in anticipation of filing a petition for adoption under Article 1 of506
602	553		Chapter 8 of Title 19; or507
603	554		(2) Have that individual's child or children placed for adoption from placing that508
604	555		individual's child or children in the home of an individual who is not related to the child509 23 LC 28 0594S
605	556		H. B. 462 (SUB)
606	557		- 22 -
607		-	or children in anticipation of the individual's initiation of adoption proceedings pursuant
608		-	510
	558	+	or children in anticipation of the individual's initiation of adoption proceedings pursuant510
609	559		to Article 1 of Chapter 8 of Title 19."511
610	560		SECTION 3-21.512
611	561		Said title is further amended by revising paragraph (1) of Code Section 49-5-90, relating to513
612	562		definitions, as follows:514
613		-	"(1) 'Child in care' means any person under the age of 17
614		-	18 years who has been admitted515
	563	+	"(1) 'Child in care' means any person under the age of 17 18 years who has been admitted515
615	564		to, is cared for, or resides in a facility."516
616	565		PART IV517
617	566		SECTION 4-1.518
618	567		(a) This part and Part I of this Act shall become effective upon their approval by the519
619	568		Governor or upon their becoming law without such approval.520
620	569		(b) Parts II and III of this Act shall become effective January 1, 2025, provided that the521
621	570		funds necessary for the implementation of those parts in the 2024-2025 fiscal year are522
622	571		contained in specific line item appropriations in the General Appropriations Act for the523
623	572		2024-2025 fiscal year. The determination of whether such specific line item appropriations524
624	573		are contained in the General Appropriations Act for the 2024-2025 fiscal year shall be made525
625	574		by the cochairpersons of the implementation committee provided for in Code526
626	575		Section 15-11-42. If such specific line item appropriations are not contained in the General527
627	576		Appropriations Act for the 2024-2025 fiscal year, then Parts II and III of this Act shall not528
628	577		become effective on January 1, 2025, but shall be deferred until specific line item529
629	578		appropriations for implementation of such parts are contained in a General Appropriations530
630	579		Act. If such funding is provided for in a subsequent General Appropriations Act and the531
631	580		cochairpersons of the implementation committee provided for in Code Section 15-11-42532
632	581		certify that such funding exists, such parts shall become effective on January 1 of such fiscal533 23 LC 28 0594S
633	582		H. B. 462 (SUB)
634	583		- 23 -
635		-	year. If such funding is not made available by January 1, 2030, then such parts shall be
636		-	534
	584	+	year. If such funding is not made available by January 1, 2030, then such parts shall be534
637	585		repealed by operation of law on January 1, 2030.535
638	586		SECTION 4-2.536
639	587		All laws and parts of laws in conflict with this Act are repealed.537