| 1 | 1 | | 25 LC 48 1493 |
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| 2 | 2 | | House Bill 552 |
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| 3 | 3 | | By: Representatives Kahaian of the 81 |
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| 4 | 4 | | st |
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| 5 | 5 | | , Byrd of the 20 |
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| 6 | 6 | | th |
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| 7 | 7 | | , and Tran of the 80 |
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| 8 | 8 | | th |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | To amend Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to |
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| 13 | 13 | | 1 |
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| 14 | 14 | | definitions relative to the juvenile code, so as to revise the definition of neglect; to amend2 |
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| 15 | 15 | | Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against3 |
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| 16 | 16 | | the person, so as to provide for an exception to certain offenses of reckless conduct and child4 |
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| 17 | 17 | | cruelty for parents and legal custodians permitting children to participate in independent5 |
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| 18 | 18 | | activities under certain conditions; to provide for a short title; to provide for legislative6 |
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| 19 | 19 | | findings and intent; to provide for related matters; to provide for an effective date and7 |
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| 20 | 20 | | applicability; to repeal conflicting laws; and for other purposes.8 |
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| 21 | 21 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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| 22 | 22 | | SECTION 1.10 |
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| 23 | 23 | | This Act shall be known and may be cited as the "Georgia Parents, Children, Child Welfare,11 |
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| 24 | 24 | | and Law Enforcement Protection and Fiscal Responsibility Act." This Act may also be12 |
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| 25 | 25 | | known and may be cited as the "Brittany Patterson Act."13 |
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| 26 | 26 | | SECTION 2.14 |
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| 27 | 27 | | (a) The General Assembly finds that:15 |
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| 28 | 28 | | H. B. 552 |
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| 29 | 29 | | - 1 - 25 LC 48 1493 |
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| 30 | 30 | | (1) State and local government entities and governing bodies and officers, employees, and |
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| 31 | 31 | | 16 |
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| 32 | 32 | | agents thereof too frequently fail to respect and to recognize the fundamental constitutional17 |
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| 33 | 33 | | rights of parents to raise their children and to make decisions regarding their children as18 |
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| 34 | 34 | | codified and recognized by subsection (d) of Code Section 20-2-786 of the Official Code19 |
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| 35 | 35 | | of Georgia Annotated, which provides that "No state or local government entity, governing20 |
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| 36 | 36 | | body, or any officer, employee, or agent thereof may infringe on the fundamental right of21 |
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| 37 | 37 | | a parent to direct the upbringing and education of his or her minor child without22 |
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| 38 | 38 | | demonstrating that such action is reasonable and necessary to achieve a compelling state23 |
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| 39 | 39 | | interest and that such action is narrowly tailored and is not otherwise served by less24 |
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| 40 | 40 | | restrictive means";25 |
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| 41 | 41 | | (2) In such instances, the rights of parents and the rights of children are infringed upon and26 |
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| 42 | 42 | | the rights of parents to exercise their fundamental constitutional rights are chilled27 |
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| 43 | 43 | | unnecessarily;28 |
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| 44 | 44 | | (3) In such instances, finite and valuable resources of state and local government entities29 |
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| 45 | 45 | | and governing bodies are wasted without corresponding benefits to the people of the State30 |
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| 46 | 46 | | of Georgia;31 |
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| 47 | 47 | | (4) Providing definitions and protocols will assist state and local government entities and32 |
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| 48 | 48 | | governing bodies and officers, employees, and agents thereof in determining the absence33 |
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| 49 | 49 | | or the existence of a compelling state interest necessary to allow infringement on the34 |
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| 50 | 50 | | fundamental constitutional rights of a parent;35 |
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| 51 | 51 | | (5) Amending Code Section 16-5-70 of the Official Code of Georgia Annotated, which36 |
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| 52 | 52 | | provides for the offense of cruelty to children, to be consistent with Code Section 20-2-78637 |
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| 53 | 53 | | and providing parents and guardians with immunity from criminal liability when they take38 |
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| 54 | 54 | | action or make decisions regarding their child in the absence of a compelling state interest39 |
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| 55 | 55 | | otherwise serves the interests of the state, parents, and children;40 |
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| 56 | 56 | | H. B. 552 |
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| 57 | 57 | | - 2 - 25 LC 48 1493 |
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| 58 | 58 | | (6) Providing government actors in law enforcement and the Division of Family and |
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| 59 | 59 | | 41 |
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| 60 | 60 | | Children Services with immunity from criminal and civil liability when following the42 |
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| 61 | 61 | | protocol established hereby serves the interests of the state, parents, and children; and43 |
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| 62 | 62 | | (7) Amending Code Section 16-5-60 of the Official Code of Georgia Annotated, relating44 |
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| 63 | 63 | | to the offense of reckless conduct, is necessary to address the vagueness and ambiguity45 |
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| 64 | 64 | | therein as held by the Supreme Court of Georgia; additionally, actions and decisions by46 |
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| 65 | 65 | | parents and guardians as provided by Code Section 16-5-70 are not included within the47 |
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| 66 | 66 | | offense of reckless conduct, and amending Code Section 15-11-2 to exclude from the48 |
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| 67 | 67 | | definition of neglect certain actions and decisions by parents and guardians is necessary for49 |
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| 68 | 68 | | consistency between and among statutes addressing child welfare and safety and the50 |
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| 69 | 69 | | conduct of parents and guardians and to define such actions and decisions and provide51 |
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| 70 | 70 | | examples when parents are provided immunity from criminal liability for reasonable52 |
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| 71 | 71 | | parental decisions regarding a child.53 |
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| 72 | 72 | | (b) It is the intent of the General Assembly that:54 |
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| 73 | 73 | | (1) Children are kept safe;55 |
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| 74 | 74 | | (2) The fundamental constitutional rights of parents and of their children are neither56 |
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| 75 | 75 | | infringed upon nor chilled;57 |
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| 76 | 76 | | (3) State and local government entities and governing bodies and officers, employees, and58 |
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| 77 | 77 | | agents thereof are provided specific protocols to follow which will protect children;59 |
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| 78 | 78 | | alleviate unnecessary consumption of resources by state and local government entities and60 |
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| 79 | 79 | | governing bodies and officers, employees, and agents thereof; and avoid the negative61 |
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| 80 | 80 | | unintended consequences that impact parents and children; and62 |
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| 81 | 81 | | (4) State and local government entities and governing bodies and officers, employees, and63 |
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| 82 | 82 | | agents thereof are provided corresponding civil and criminal immunity, provided that the64 |
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| 83 | 83 | | protocol provided herein is followed.65 |
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| 84 | 84 | | H. B. 552 |
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| 85 | 85 | | - 3 - 25 LC 48 1493 |
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| 86 | 86 | | SECTION 3. |
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| 87 | 87 | | 66 |
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| 88 | 88 | | Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions67 |
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| 89 | 89 | | relative to the juvenile code, is amended by revising paragraph (48) as follows:68 |
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| 90 | 90 | | "(48)(A) |
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| 91 | 91 | | 'Neglect' means:69 |
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| 92 | 92 | | (A)(i) The failure to provide proper parental care or control, subsistence, education70 |
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| 93 | 93 | | as required by law, or other care or control necessary for a child's physical, mental,71 |
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| 94 | 94 | | or emotional health or morals;72 |
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| 95 | 95 | | (B)(ii) The failure to provide a child with adequate supervision necessary for such73 |
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| 96 | 96 | | child's well-being; or74 |
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| 97 | 97 | | (C)(iii) The abandonment of a child by his or her parent, guardian, or legal custodian.75 |
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| 98 | 98 | | (B) Such term shall not mean or include actions and decisions by a parent or guardian,76 |
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| 99 | 99 | | acting in good faith, that allow a child to engage in independent activities consistent77 |
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| 100 | 100 | | with the child's intellectual, emotional, and physical maturity, including, but not limited78 |
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| 101 | 101 | | to, allowing the child to:79 |
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| 102 | 102 | | (i) Travel independently to and from school by walking, running, bicycling, public80 |
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| 103 | 103 | | transit, or other means;81 |
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| 104 | 104 | | (ii) Travel independently to and from nearby commercial or recreational facilities;82 |
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| 105 | 105 | | (iii) Engage independently in outdoor play;83 |
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| 106 | 106 | | (iv) Remain in a vehicle without an adult present if the circumstances do not cause84 |
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| 107 | 107 | | harm to the child and do not create an imminent risk of harm to the child, including,85 |
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| 108 | 108 | | but not limited to, if the temperature inside the vehicle is not and will not become86 |
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| 109 | 109 | | dangerously hot or cold or the child has the capacity and ability to open the door or87 |
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| 110 | 110 | | windows of the vehicle in case of need;88 |
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| 111 | 111 | | (v) Remain at home without an adult present if the parent or guardian:89 |
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| 112 | 112 | | (I) Returns home the same day on which the parent or guardian gives the child90 |
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| 113 | 113 | | permission to remain at home;91 |
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| 114 | 114 | | H. B. 552 |
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| 115 | 115 | | - 4 - 25 LC 48 1493 |
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| 116 | 116 | | (II) Ensures the child has the capacity and ability to contact the parent, guardian, 92 |
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| 117 | 117 | | or another responsible adult rapidly when needed and is provided with the means93 |
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| 118 | 118 | | to make such contact; and94 |
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| 119 | 119 | | (III) Makes provisions for the child to be cared for and protected in the event of any95 |
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| 120 | 120 | | reasonably foreseeable emergency; and96 |
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| 121 | 121 | | (vi) Remain at home or be unsupervised outside the home without an adult present97 |
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| 122 | 122 | | if the parent or guardian is following relevant guidelines as published by the Division98 |
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| 123 | 123 | | of Family and Children Services of the Department of Human Services."99 |
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| 124 | 124 | | SECTION 4.100 |
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| 125 | 125 | | Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against101 |
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| 126 | 126 | | the person, is amended in Code Section 16-5-60, relating to reckless conduct causing harm102 |
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| 127 | 127 | | to or endangering the bodily safety of another and conduct by HIV infected persons, by103 |
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| 128 | 128 | | revising subsection (b) and by adding a new subsection to read as follows:104 |
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| 129 | 129 | | "(b)(1) Subject to the provisions of paragraph (2) of this subsection, a A person who105 |
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| 130 | 130 | | causes bodily harm to or endangers the bodily safety of another person by consciously106 |
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| 131 | 131 | | disregarding a substantial and unjustifiable risk that his or her act or omission will cause107 |
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| 132 | 132 | | harm or endanger the safety of the other person and the disregard constitutes a gross108 |
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| 133 | 133 | | deviation from the standard of care which a reasonable person would exercise in the109 |
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| 134 | 134 | | situation is guilty of a misdemeanor.110 |
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| 135 | 135 | | (2)(A) The actions and decisions by a parent or guardian with respect to his or her111 |
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| 136 | 136 | | minor child consistent with the provisions of subsection (f) of Code Section 16-5-70112 |
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| 137 | 137 | | shall not constitute a gross deviation from the standard of care provided for in113 |
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| 138 | 138 | | paragraph (1) of this subsection.114 |
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| 139 | 139 | | (B) No state or local government entity or governing body or any officer, employee,115 |
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| 140 | 140 | | or agent thereof shall obstruct or interfere with a parent or guardian of a minor child in116 |
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| 141 | 141 | | this state acting in compliance with the provisions of subsection (f) of Code117 |
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| 142 | 142 | | H. B. 552 |
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| 143 | 143 | | - 5 - 25 LC 48 1493 |
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| 144 | 144 | | Section 16-5-70, and no parent or guardian shall be detained, arrested, or charged118 |
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| 145 | 145 | | criminally, nor be investigated by any agency under this subsection, if such parent or119 |
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| 146 | 146 | | guardian is in compliance with the provisions of subsection (f) of Code Section 16-5-70120 |
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| 147 | 147 | | or if a minor child appears to be alone or unsupervised by an adult unless that child also121 |
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| 148 | 148 | | appears to be injured, in distress, or at imminent risk of significant injury or other harm122 |
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| 149 | 149 | | from an identifiable source."123 |
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| 150 | 150 | | "(d) State and local government officers, employees, and agents who act in good faith124 |
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| 151 | 151 | | compliance with the provisions of this Code section shall be immune from criminal and125 |
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| 152 | 152 | | civil liability in the event that injury or death to a child results from such good faith126 |
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| 153 | 153 | | compliance."127 |
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| 154 | 154 | | SECTION 5.128 |
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| 155 | 155 | | Said chapter is further amended in Code Section 16-5-70, relating to cruelty to children, by129 |
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| 156 | 156 | | adding new subsections to read as follows:130 |
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| 157 | 157 | | "(f) A parent or guardian of a child does not violate this Code section when he or she,131 |
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| 158 | 158 | | acting in good faith, allows the child to engage in independent activities consistent with the132 |
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| 159 | 159 | | child's intellectual, emotional, and physical maturity, including, but not limited to, allowing133 |
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| 160 | 160 | | the child to:134 |
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| 161 | 161 | | (1) Travel independently to and from school by walking, running, bicycling, public135 |
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| 162 | 162 | | transit, or other means;136 |
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| 163 | 163 | | (2) Travel independently to and from nearby commercial or recreational facilities;137 |
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| 164 | 164 | | (3) Engage independently in outdoor play;138 |
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| 165 | 165 | | (4) Remain in a vehicle without an adult present if the circumstances do not cause harm139 |
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| 166 | 166 | | to the child and do not create an imminent risk of harm to the child, including, but not140 |
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| 167 | 167 | | limited to, if the temperature inside the vehicle is not and will not become dangerously141 |
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| 168 | 168 | | hot or cold or the child has the capacity and ability to open the door or windows of the142 |
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| 169 | 169 | | vehicle in case of need;143 |
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| 170 | 170 | | H. B. 552 |
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| 171 | 171 | | - 6 - 25 LC 48 1493 |
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| 172 | 172 | | (5) Remain at home without an adult present if the parent or guardian:144 |
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| 173 | 173 | | (A) Returns home the same day on which the parent or guardian gives the child145 |
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| 174 | 174 | | permission to remain at home;146 |
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| 175 | 175 | | (B) Ensures the child has the capacity and ability to contact the parent, guardian, or147 |
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| 176 | 176 | | another responsible adult rapidly when needed and is provided with the means to make148 |
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| 177 | 177 | | such contact; and149 |
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| 178 | 178 | | (C) Makes provisions for the child to be cared for and protected in the event of any150 |
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| 179 | 179 | | reasonably foreseeable emergency; and151 |
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| 180 | 180 | | (6) Remain at home or be unsupervised outside the home without an adult present if the152 |
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| 181 | 181 | | parent or guardian is following relevant guidelines published by the Division of Family153 |
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| 182 | 182 | | and Children Services of the Department of Human Services.154 |
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| 183 | 183 | | (g) As provided in this Code section and paragraph (1) of subsection (e) of Code155 |
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| 184 | 184 | | Section 20-2-786, no state or local government entity or governing body or any officer,156 |
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| 185 | 185 | | employee, or agent thereof shall obstruct or interfere with a parent or guardian of a minor157 |
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| 186 | 186 | | child in this state acting in compliance with this Code section, and no parent or guardian158 |
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| 187 | 187 | | shall be detained, arrested, or charged criminally, nor be investigated by any agency, if159 |
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| 188 | 188 | | such parent or guardian is complying with this Code section or if a minor child appears to160 |
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| 189 | 189 | | be alone or unsupervised by an adult unless that child also appears to be injured, in distress,161 |
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| 190 | 190 | | or at imminent risk of significant injury or other harm from an identifiable source.162 |
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| 191 | 191 | | (h) A parent or guardian of a minor child in this state shall not be deemed to have abused163 |
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| 192 | 192 | | or neglected his or her child unless such child is injured, in distress, or at imminent risk of164 |
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| 193 | 193 | | significant injury or other harm from an identifiable source.165 |
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| 194 | 194 | | (i) Provided that state and local government officers, employees, and agents act in166 |
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| 195 | 195 | | accordance with this Code section, such officers, employees, and agents are granted167 |
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| 196 | 196 | | immunity from criminal and civil liability in the event that injury to or death of a child168 |
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| 197 | 197 | | results from such act."169 |
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| 198 | 198 | | H. B. 552 |
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| 199 | 199 | | - 7 - 25 LC 48 1493 |
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| 200 | 200 | | SECTION 6. |
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| 201 | 201 | | 170 |
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| 202 | 202 | | This Act shall become effective on July 1, 2025; provided, however, that Sections 4 and 5171 |
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| 203 | 203 | | of this Act shall apply to offenses committed on or after such date.172 |
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| 204 | 204 | | SECTION 7.173 |
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| 205 | 205 | | All laws and parts of laws in conflict with this Act are repealed.174 |
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| 206 | 206 | | H. B. 552 |
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| 207 | 207 | | - 8 - |
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