23 LC 48 0793
S. B. 134
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Senate Bill 134
By: Senators Cowsert of the 46th, Kirkpatrick of the 32nd, Kennedy of the 18th, Gooch of
the 51st, Strickland of the 17th and others
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to
1
provide that a child witness be deemed competent to testify without taking the oath; to allow2
the use of narrative form medical reports in dependency and termination matters; to provide3
for related matters; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by7
revising subsection (b) of Code Section 24-6-603, relating to oath or affirmation, as follows:8
"(b) Notwithstanding the provisions of subsection (a) of this Code section, in all9
proceedings involving dependency as defined by Code Section 15-11-2, in all proceedings
10
involving termination of parental rights under Article 4 of Chapter 11 of Title 15, and in11
all criminal proceedings in which a child was a victim of or witness to any crime, the child12
shall be competent to testify, and the child's credibility shall be determined as provided in13
this chapter."14 23 LC 48 0793
S. B. 134
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SECTION 2.
15
Said title is further amended by adding two new subsections to Code Section 24-8-826,16
relating to medical reports in narrative form, to read as follows:17
"24-8-826.18
(a) Upon the trial of any civil proceeding involving injury or disease, any medical report19
in narrative form which has been signed and dated by an examining or treating licensed20
physician, dentist, orthodontist, podiatrist, physical or occupational therapist, doctor of21
chiropractic, psychologist, advanced practice registered nurse, social worker, professional22
counselor, or marriage and family therapist shall be admissible and received in evidence23
insofar as it purports to represent the history, examination, diagnosis, treatment, prognosis,24
or interpretation of tests or examinations, including the basis therefor, by the person signing25
the report, the same as if that person were present at trial and testifying as a witness;26
provided, however, that such report and notice of intention to introduce such report shall27
first be provided to the adverse party at least 60 days prior to trial. A statement of the28
qualifications of the person signing such report may be included as part of the basis for29
providing the information contained therein, and the opinion of the person signing the30
report with regard to the etiology of the injury or disease may be included as part of the31
diagnosis. Any adverse party may object to the admissibility of any portion of the report,32
other than on the ground that it is hearsay, within 15 days of being provided with the report.33
Further, any adverse party shall have the right to cross-examine the person signing the34
report and provide rebuttal testimony. The party tendering the report may also introduce35
testimony of the person signing the report for the purpose of supplementing the report or36
otherwise.37
(b) In all juvenile dependency adjudications under Article 3 of Chapter 11 of Title 15
38
involving injury or disease, any medical report in narrative form as described in subsection39
(a) of this Code section and notice of intention to introduce such report shall first be40
provided to the adverse party at least five days prior to the adjudication hearing. Any41 23 LC 48 0793
S. B. 134
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adverse party may object to the admissibility of any portion of the report, other than on the42
ground that it is hearsay, within three days of being provided with the report. All other43
provisions contained in subsection (a) of this Code section concerning medical reports in44
narrative form shall be applicable to juvenile dependency cases.45
(c) In all termination of parental rights hearings under Article 4 of Chapter 11 of Title 1546
involving injury or disease, any medical report in narrative form as described in subsection47
(a) of this Code section and a notice of intention to introduce such report shall first be48
provided to the adverse party at least 15 days prior to the adjudication hearing. Any49
adverse party may object to the admissibility of any portion of the report, other than on the50
ground that it is hearsay, within seven days of being provided with such report. All other51
provisions contained in subsection (a) of this Code section concerning medical reports in52
narrative form shall be applicable to parental rights hearings.53
(b)(d) The medical narrative shall be presented to the jury as depositions are presented to54
the jury and shall not go out with the jury as documentary evidence."55
SECTION 3.56
All laws and parts of laws in conflict with this Act are repealed.57