25 SB 61/CSFA
Senate Bill 61
By: Senators Dolezal of the 27th, Dixon of the 45th, Hickman of the 4th, Still of the 48th,
Robertson of the 29th and others
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Article 6 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated,
1
relating to delinquency, so as to provide for additional offenses over which superior courts2
are authorized to exercise exclusive original jurisdiction for the trials of children 13 to 173
years of age to include the offenses of certain terroristic acts involving public and private4
schools and attempt or criminal conspiracy to commit certain offenses; to repeal a provision5
that limited superior courts from exercising exclusive original jurisdiction over the trials of6
children 13 to 17 years of age alleged to have committed aggravated assault only in certain7
cases involving the use of a firearm upon a public safety officer; to provide for which such8
cases shall be subject to the class A designated felony act provisions of Code9
Section 15-11-602 upon transfer to a juvenile court; to make conforming changes by10
including such additional offenses in the list of offenses for which juvenile and superior11
courts shall consider certain criteria when determining whether to transfer cases; to amend12
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and13
secondary education, so as to provide for information sharing by juvenile courts, superior14
courts, and certain state agencies with public schools when children are subject to electronic15
monitoring and other restrictions; to provide for the criminal offenses of terroristic threat of16
a school and terroristic act upon a school; to provide for penalties; to require annual site17
threat assessments at each public school in this state; to require that such assessments inform18
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school safety plans; to provide for who may conduct such assessments; to revise provisions
19
for school safety plans; to provide for definitions; to provide for related matters; to provide20
for an effective date and applicability; to repeal conflicting laws; and for other purposes.21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:22
SECTION 1.23
Article 6 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to24
delinquency, is amended by revising Code Section 15-11-560, relating to concurrent and25
original jurisdiction of superior court, as follows:26
"15-11-560.27
(a) Except as provided in subsection (b) of this Code section, the court shall have28
concurrent jurisdiction with the superior court over a child who is alleged to have29
committed a delinquent act which would be considered a crime if tried in a superior court30
and for which an adult may be punished by loss of life, imprisonment for life without31
possibility of parole, or confinement for life in a penal institution.32
(b) The superior court shall have exclusive original jurisdiction over the trial of any33
child 13 to 17 years of age who is alleged to have committed any of the following offenses:34
(1) Murder;35
(2) Murder in the second degree;36
(3) Voluntary manslaughter;37
(4) Rape;38
(5) Aggravated sodomy;39
(6) Aggravated child molestation;40
(7) Aggravated sexual battery;41
(8) Armed robbery if committed with a firearm;42
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(9) Aggravated assault if committed with a firearm upon a public safety officer as such43
acts are prohibited under subsection (c) of Code Section 16-5-21; or44
(10) Aggravated battery upon a public safety officer as such acts are prohibited under45
subsection (c) of Code Section 16-5-24;46
(11) A terroristic act upon a school in violation of subsection (c) of Code47
Section 20-2-1181.1;48
(12) Attempt to commit or conspiracy to commit murder; or49
(13) Attempt to commit or conspiracy to commit any of the offenses provided for in50
paragraphs (4), (5), (6), (7), (8), (9), (10), and (11) of this subsection.51
(c) The granting of bail or pretrial release of a child charged with an offense enumerated52
in subsection (b) of this Code section shall be governed by the provisions of Code53
Section 17-6-1.54
(d)(1) At any time before indictment, the district attorney may, after investigation and55
for cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged56
to have committed an offense specified in subsection (b) of this Code section. Upon57
declining such prosecution in the superior court, the district attorney shall cause a petition58
to be filed in the appropriate juvenile court for adjudication within 72 hours if the child59
is in detention or 30 days if the child is not in detention.60
(2)(A) Except as provided in paragraph (8) of subsection (b) of Code61
Section 15-11-602 or subparagraph (B) of this paragraph, any case transferred by the62
district attorney to the juvenile court pursuant to this subsection shall be subject to the63
class A designated felony act provisions of Code Section 15-11-602, and the transfer64
of the case from superior court to juvenile court shall constitute notice to such child that65
such case is subject to the class A designated felony act provisions of Code66
Section 15-11-602.67
(B) Any case transferred by the district attorney to the juvenile court pursuant to this68
subsection involving a child 13 to 17 years of age alleged to have committed an offense69
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specified in paragraph (13) of subsection (b) of this Code section shall not be subject70
to subparagraph (A) of this paragraph.71
(e)(1) After indictment, the superior court may after investigation transfer to the juvenile72
court any case involving a child 13 to 17 years of age alleged to have committed any act73
described in paragraph (3), (5), (6), (7), (9), or (10), (11), (12), or (13) of subsection (b)74
of this Code section. In considering the transfer of such case, the court shall consider the75
criteria set forth in Code Section 15-11-562. Any such transfer shall be appealable by the76
State of Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior77
court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court78
shall terminate.79
(2)(A) Except as provided in paragraph (8) of subsection (b) of Code80
Section 15-11-602 or subparagraph (B) of this paragraph, any case transferred by the81
superior court to the juvenile court pursuant to this subsection shall be subject to the82
class A designated felony act provisions of Code Section 15-11-602, and the transfer83
of the case from superior court to juvenile court shall constitute notice to such child that84
such case is subject to the class A designated felony act provisions of Code85
Section 15-11-602.86
(B) Any case transferred by the superior court to the juvenile court pursuant to this87
subsection involving a child 13 to 17 years of age alleged to have committed an offense88
specified in paragraph (13) of subsection (b) of this Code section shall not be subject89
to subparagraph (A) of this paragraph.90
(f) The superior court may transfer any case involving a child 13 to 17 years of age alleged91
to have committed any offense enumerated in subsection (b) of this Code section and92
convicted of a lesser included offense not included in subsection (b) of this Code section93
to the juvenile court of the county of such child's residence for disposition. Upon such a94
transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction95
of the superior court shall terminate.96
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(g) Within 30 days of any proceeding in which a child 13 to 17 years of age is convicted
97
of certain offenses over which the superior court has original jurisdiction as provided in98
subsection (b) of this Code section or adjudicated as a delinquent child on the basis of99
conduct which if committed by an adult would constitute such offenses, the superior court100
shall provide written notice to the school superintendent or his or her designee of the school101
in which such child is enrolled or, if the information is known, of the school in which such102
child plans to be enrolled at a future date. Such notice shall include the specific criminal103
offense that such child committed. The local school system to which such child is assigned104
may request further information from the court's file.105
(h) As used in this Code section, the term 'firearm' means a handgun, rifle, shotgun, or106
other weapon which will or can be converted to expel a projectile by the action of an107
explosive or electrical charge."108
SECTION 2.109
Said article is further amended by revising subsection (a) of Code Section 15-11-562, relating110
to transfer criteria and written report, as follows:111
"(a) The criteria that the juvenile court shall consider in determining whether to transfer112
an alleged delinquent child as set forth in subsection (a) of Code Section 15-11-561 to113
superior court and the criteria that the superior court shall consider in determining whether114
to transfer any case involving a child 13 to 17 years of age alleged to have committed any115
act described in paragraph (3), (5), (6), (7), (9), or
(10), (11), (12), or (13) of subsection (b)116
of Code Section 15-11-560 to juvenile court as set forth in subsection (e) of Code117
Section 15-11-560 includes, but shall not be limited to:118
(1) The age of such child;119
(2) The seriousness of the alleged offense, especially if personal injury resulted;120
(3) Whether the protection of the community requires transfer of jurisdiction;121
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(4) Whether the alleged offense involved violence or was committed in an aggressive or
122
premeditated manner;123
(5) The impact of the alleged offense on the alleged victim, including the permanence124
of any physical or emotional injury sustained, health care expenses incurred, and lost125
earnings suffered;126
(6) The culpability of such child including such child's level of planning and127
participation in the alleged offense;128
(7) Whether the alleged offense is a part of a repetitive pattern of offenses which129
indicates that such child may be beyond rehabilitation in the juvenile justice system;130
(8) The record and history of such child, including experience with the juvenile justice131
system, other courts, supervision, commitments to juvenile institutions, and other132
placements;133
(9) The sophistication and maturity of such child as determined by consideration of his134
or her home and environmental situation, emotional condition, and pattern of living;135
(10) The program and facilities available to the juvenile court in considering disposition;136
and137
(11) Whether or not a child can benefit from the treatment or rehabilitative programs138
available to the juvenile court."139
SECTION 3.140
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and141
secondary education, is amended by revising Code Section 20-2-701, relating to142
responsibility for reporting truants to juvenile or other courts, as follows:143
"20-2-701.144
(a)
Local school superintendents as applied to private schools, the Department of145
Education as applied to home study programs, or visiting teachers and attendance officers146
as applied to public schools, after written notice to the parent or guardian of a child, shall147
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report to the juvenile or other court having jurisdiction under Chapter 11 of Title 15 any
148
child who is absent from a public or private school or a home study program in violation149
of this subpart. If the judge of the court places such child in a home or in a public or150
private institution pursuant to Chapter 11 of Title 15, school shall be provided for such151
child. The Department of Education shall coordinate with local school superintendents152
with respect to attendance records and notification for students in home study programs.153
(b)(1) Except as prohibited by Code Section 15-11-710, each superior court and juvenile
154
court in this state and the Department of Juvenile Justice, the Department of Human155
Services, and the Division of Family and Children Services shall notify the local school156
system or other public school in which a child is enrolled or would be enrolled by virtue157
of his or her residence when such court or state agency has ordered that such child shall158
be subject to electronic monitoring, as such term is defined in Code Section 42-3-111; an159
intensive supervision program; or a home confinement program.160
(2) A local school system or public school that receives information provided for in161
paragraph (1) of this subsection shall:162
(A) Maintain the confidential nature of such information; and163
(B) Be authorized to utilize such information for purposes of promoting and protecting164
the safety of such child and the school community.165
(3) There shall be no presumption that a local school system will utilize the information166
provided for in paragraph (1) of this subsection to the detriment of such child."167
SECTION 4.168
Said chapter is further amended in Article 27, relating to loitering at or disrupting schools,169
by adding a new Code section to read as follows:170
"20-2-1181.1.171
(a) As used in this Code section, the term:172
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(1) 'Hazardous substance' shall have the same meaning as set forth in Code173
Section 12-8-92.174
(2) 'Weapon' shall have the same meaning as set forth in Code Section 16-5-44.1. Such175
term shall include, but shall not be limited to, each item included in paragraph (4) of176
subsection (a) of Code Section 16-11-127.1.177
(b) A person commits the offense of a terroristic threat of a school when he or she178
threatens to commit any crime of violence, release any hazardous substance, or burn or179
damage property and such threat is made:180
(1) With the purpose of terrorizing another who at the time of such threat is physically181
present:182
(A) On public or private school operated property, including, but not limited to, school183
buildings and school grounds;184
(B) On a school bus or other vehicle furnished by a public or private school for the185
transportation of students; or186
(C) At a public or private school sponsored activity;187
(2) With the purpose of causing the evacuation of:188
(A) Public or private school operated property, including, but not limited to, school189
buildings and school grounds; or190
(B) A school bus or other vehicle furnished by a public or private school for the191
transportation of students; or192
(3) In reckless disregard of the risk of causing the terror or evacuation described in193
paragraph (1) or (2) of this subsection.194
(c) A person commits the offense of a terroristic act upon a school when he or she commits195
an act of using a weapon or flaming symbol or flambeau, releasing any hazardous196
substance or any simulated hazardous substance under the guise of a hazardous substance,197
or, while not in the commission of a lawful act, shooting at or throwing an object at a198
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conveyance which is being operated or which is occupied by passengers and such act is199
committed:200
(1) With the purpose of terrorizing another who at the time of such act is physically201
present:202
(A) On public or private school operated property, including, but not limited to, school203
buildings and school grounds;204
(B) On a school bus or other vehicle furnished by a public or private school for the205
transportation of students; or206
(C) At a public or private school sponsored activity;207
(2) With the purpose of causing the evacuation of:208
(A) Public or private school operated property, including, but not limited to, school209
buildings and school grounds; or210
(B) A school bus or other vehicle furnished by a public or private school for the211
transportation of students; or212
(3) In reckless disregard of the risk of causing the terror or evacuation described in213
paragraph (1) or (2) of this subsection.214
(d)(1) A person convicted of the offense of a terroristic threat of a school shall be215
punished as for a misdemeanor; provided, however, that, if the threat suggested the death216
of any person, the person shall be guilty of a felony and upon conviction thereof shall be217
punished by a fine of not more than $1,000.00, imprisonment for not less than one nor218
more than five years, or both; and provided, further, that, if any person suffers a serious219
physical injury as a direct result of a threat giving rise to a conviction under220
subsection (b) of this Code section, the person shall be guilty of a felony and upon221
conviction thereof shall be punished by a fine of not more than $250,000.00,222
imprisonment for not less than five nor more than 40 years, or both.223
(2) A person convicted of the offense of a terroristic act upon a school shall be guilty of224
a felony and upon conviction thereof shall be punished by a fine of not more225
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than $5,000.00, imprisonment for not less than one nor more than ten years, or both;226
provided, however, that, if any person suffers a serious physical injury as a direct result227
of an act giving rise to a conviction under subsection (c) of this Code section, the person228
shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not229
more than $250,000.00, imprisonment for not less than five nor more than 40 years, or230
both."231
SECTION 5.232
Said chapter is further amended by revising Code Section 20-2-1185, relating to school233
safety plans and drills, as follows:234
"20-2-1185.235
(a) As used in this Code section, the term 'site threat assessment' means conducting an236
evaluation for purposes of most effectively preventing, reducing, or responding to threats237
of violence, mass casualty incidents and other acts of terrorism, natural disasters, and238
hazardous materials accidents.239
(b)(1) By June 1 of each year, each public school in this state shall have performed a site240
threat assessment of its buildings, facilities, and campuses by a law enforcement agency241
or other appropriate government agency or by an individual or entity certified and242
approved pursuant to paragraph (2) of this subsection. Such site threat assessment shall243
inform the preparation and maintenance of a school safety plan as provided for in244
subsection (c) of this Code section.245
(2) The Georgia Emergency Management and Homeland Security Agency shall be246
exclusively authorized to certify and approve private individuals and entities to provide247
site threat assessments to public schools in this state. Beginning January 1, 2026, the248
Georgia Emergency Management and Homeland Security Agency shall maintain a list249
of individuals and entities that are certified and approved for purposes of this Code250
section to provide site threat assessments to public schools.251
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(c)(1) Each Every public school in this state shall prepare and annually review and252
update as necessary a school safety plan to help curb the growing incidence of violence253
in schools, to respond effectively to such incidents, and to provide a safe learning254
environment for Georgia's children, teachers, and other school personnel. Such plan shall255
also address preparedness for natural disasters, hazardous materials or radiological256
accidents, acts of violence, and acts of terrorism. School safety plans of public schools257
shall be prepared with input from students enrolled in that school, parents or legal258
guardians of such students, teachers in that school, community leaders, other school259
employees and school district employees, and local law enforcement, juvenile court, fire260
service, public safety, and emergency management agencies. As part of such plans,261
public schools shall provide for the coordination with local law enforcement agencies and262
the local juvenile court system. Such plans of public schools shall be submitted to the263
local law enforcement agency designated as having approval authority by the local board264
of education.265
(2) School safety plans shall include, at a minimum, the following strategy areas:266
(1)(A) Training school administrators, teachers, and support staff, including, but not267
limited to, school resource officers, security officers, secretaries, custodians, and bus268
drivers, on school violence prevention, school security, school threat assessment,269
mental health awareness, and school emergency planning best practices;270
(2)(B) Evaluating and refining school security measures;271
(3)(C) Updating and exercising school emergency preparedness plans;272
(4)(D) Strengthening partnerships with public safety officials; and273
(5)(E) Creating enhanced crisis communications plans and social media strategies;274
(F) Addressing security issues in school safety zones, as defined in Code275
Section 16-11-127.1;276
(G) Addressing security issues involving school functions held during noninstructional277
hours; and278
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(H) Addressing security issues involving the transportation of students to and from279
school and school functions when such transportation is furnished by the school.280
(3) The school safety plan of each public school shall be submitted to the Department of281
Education after the approval of such plan by a local law enforcement agency designated282
as having approval authority by the local board of education. The Department of283
Education shall publish on its public website a list of all public schools that have284
completed and all public schools that are delinquent in completing the site threat285
assessment required in subsection (b) of this Code section.286
(d) School safety plans of private schools may be prepared with input from students287
enrolled in that school, parents or legal guardians of such students, teachers in that school,288
other school employees, and local law enforcement, fire service, public safety, and289
emergency management agencies. Such plans shall be reviewed and, if necessary, updated290
annually. Such plans of public schools shall be submitted to the local emergency291
management agency, the local law enforcement agency, and the Georgia Emergency292
Management and Homeland Security Agency for approval.293
(b)(e) A public school may request funding assistance from the state for facilities,294
technology, or other safety improvements or initiatives, such as the installation of safety295
equipment, including, but not limited to, video surveillance cameras, metal detectors,296
alarms, communications systems, building access controls, and other similar security297
devices. The Department of Education shall establish criteria that will be applied in298
reviewing funding requests pursuant to this subsection which shall take into consideration299
the physical security needs of the public school in evaluating how the school safety plan300
and funding request will support such physical security needs. Funding may be provided301
to a public school in accordance with a school safety plan prepared by the school and302
approved by the local board of education, the local law enforcement agency, the303
Department of Education, and the Georgia Emergency Management and Homeland304
Security Agency as provided for in subsection (c) of this Code section; provided, however,305
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that a public school shall be required to match the state funding with local funds unless the
306
school can demonstrate a substantial hardship.307
(c) School safety plans prepared by public schools shall address security issues in school
308
safety zones as defined in Code Section 16-11-127.1. School safety plans should also309
address security issues involving the transportation of pupils to and from school and school310
functions when such transportation is furnished by the school or school system and school311
functions held during noninstructional hours.312
(d)(f) The Georgia Emergency Management and Homeland Security Agency shall provide313
training and technical assistance to public school systems, and may provide this same314
training and technical assistance to private school systems and independent private schools315
throughout this state in the area of emergency management and safe school operations. 316
This training and technical assistance shall include, but not be limited to, crisis response317
team development, site surveys and safety audits site threat assessments, crisis management318
planning, exercise design, safe school planning, emergency operations planning, search and319
seizure, bomb threat management, and model school safety plans.320
(e)(g)(1) Every public school shall conduct drills with students, school administrators,321
teachers, and other school personnel on the execution of school safety plans in such form322
and at such intervals based upon guidance from the Georgia Emergency Management and323
Homeland Security Agency.324
(2) By October 1 of each school year, every public school shall conduct an intruder alert325
drill for students, school administrators, teachers, and other school personnel based upon326
guidance from the Georgia Emergency Management and Homeland Security Agency. 327
Each local school system or public school governing body shall promptly report to the328
Georgia Emergency Management and Homeland Security Agency the completion of such329
drills. All students shall participate in intruder alert drills provided for in this paragraph;330
provided, however, that the governing body of a local school system or public school may331
provide an option for a child's parent or legal guardian to elect, in writing, that such child332
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not participate in intruder alert drills. As used in this paragraph, the term 'intruder alert
333
drill' means a set of procedures designed to familiarize the occupants of a building with334
ways to protect themselves against potential threats posed by an intruder who possesses335
or is suspected of possessing a weapon, as defined in Code Section 20-2-742."336
SECTION 6.337
This Act shall become effective upon its approval by the Governor or upon its becoming law338
without such approval; provided, however, that Section 4 of this Act shall be applicable to339
offenses committed on or after such date.340
SECTION 7.341
All laws and parts of laws in conflict with this Act are repealed.342
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