Georgia 2023-2024 Regular Session

Georgia Senate Bill SB134 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		23 LC 48 0793
2	2		S. B. 134
3	3		- 1 -
4	4		Senate Bill 134
5	5		By: Senators Cowsert of the 46th, Kirkpatrick of the 32nd, Kennedy of the 18th, Gooch of
6	6		the 51st, Strickland of the 17th and others
7		-	AS PASSED ~~SENATE~~
	7	+	AS PASSED
8	8		A BILL TO BE ENTITLED
9	9		AN ACT
10	10		To amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to
11	11		1
12	12		provide that a child witness be deemed competent to testify without taking the oath; to allow2
13	13		the use of narrative form medical reports in dependency and termination matters; to provide3
14	14		for related matters; to repeal conflicting laws; and for other purposes.4
15	15		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
16	16		SECTION 1.6
17	17		Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by7
18	18		revising subsection (b) of Code Section 24-6-603, relating to oath or affirmation, as follows:8
19	19		"(b) Notwithstanding the provisions of subsection (a) of this Code section, in all9
20	20		proceedings involving dependency as defined by Code Section 15-11-2, in all proceedings
21	21		10
22	22		involving termination of parental rights under Article 4 of Chapter 11 of Title 15, and in11
23	23		all criminal proceedings in which a child was a victim of or witness to any crime, the child12
24	24		shall be competent to testify, and the child's credibility shall be determined as provided in13
25	25		this chapter."14 23 LC 48 0793
26	26		S. B. 134
27	27		- 2 -
28	28		SECTION 2.
29	29		15
30	30		Said title is further amended by adding two new subsections to Code Section 24-8-826,16
31	31		relating to medical reports in narrative form, to read as follows:17
32	32		"24-8-826.18
33	33		(a) Upon the trial of any civil proceeding involving injury or disease, any medical report19
34	34		in narrative form which has been signed and dated by an examining or treating licensed20
35	35		physician, dentist, orthodontist, podiatrist, physical or occupational therapist, doctor of21
36	36		chiropractic, psychologist, advanced practice registered nurse, social worker, professional22
37	37		counselor, or marriage and family therapist shall be admissible and received in evidence23
38	38		insofar as it purports to represent the history, examination, diagnosis, treatment, prognosis,24
39	39		or interpretation of tests or examinations, including the basis therefor, by the person signing25
40	40		the report, the same as if that person were present at trial and testifying as a witness;26
41	41		provided, however, that such report and notice of intention to introduce such report shall27
42	42		first be provided to the adverse party at least 60 days prior to trial. A statement of the28
43	43		qualifications of the person signing such report may be included as part of the basis for29
44	44		providing the information contained therein, and the opinion of the person signing the30
45	45		report with regard to the etiology of the injury or disease may be included as part of the31
46	46		diagnosis. Any adverse party may object to the admissibility of any portion of the report,32
47	47		other than on the ground that it is hearsay, within 15 days of being provided with the report.33
48	48		Further, any adverse party shall have the right to cross-examine the person signing the34
49	49		report and provide rebuttal testimony. The party tendering the report may also introduce35
50	50		testimony of the person signing the report for the purpose of supplementing the report or36
51	51		otherwise.37
52	52		(b) In all juvenile dependency adjudications under Article 3 of Chapter 11 of Title 15
53	53		38
54	54		involving injury or disease, any medical report in narrative form as described in subsection39
55	55		(a) of this Code section and notice of intention to introduce such report shall first be40
56	56		provided to the adverse party at least five days prior to the adjudication hearing. Any41 23 LC 48 0793
57	57		S. B. 134
58	58		- 3 -
59	59		adverse party may object to the admissibility of any portion of the report, other than on the42
60	60		ground that it is hearsay, within three days of being provided with the report. All other43
61	61		provisions contained in subsection (a) of this Code section concerning medical reports in44
62	62		narrative form shall be applicable to juvenile dependency cases.45
63	63		(c) In all termination of parental rights hearings under Article 4 of Chapter 11 of Title 1546
64	64		involving injury or disease, any medical report in narrative form as described in subsection47
65	65		(a) of this Code section and a notice of intention to introduce such report shall first be48
66	66		provided to the adverse party at least 15 days prior to the adjudication hearing. Any49
67	67		adverse party may object to the admissibility of any portion of the report, other than on the50
68	68		ground that it is hearsay, within seven days of being provided with such report. All other51
69	69		provisions contained in subsection (a) of this Code section concerning medical reports in52
70	70		narrative form shall be applicable to parental rights hearings.53
71	71		(b)(d) The medical narrative shall be presented to the jury as depositions are presented to54
72	72		the jury and shall not go out with the jury as documentary evidence."55
73	73		SECTION 3.56
74	74		All laws and parts of laws in conflict with this Act are repealed.57