2021 Georgia Legislative Update

Feb 4, 2021

2021 Georgia Legislative Update

As of February 4, 2021 (12^th Legislative Day)

New or changes in legislation highlighted in red

Bills Pending in the House

HB 15 Sponsors: Sandra Scott (D-Rex), Park Cannon (D-Atlanta), Erica Thomas (D-Austell), Kim Schofield (D-Atlanta), Shelly Hutchinson (D-Snellville), and Karen Bennett (D-Stone Mountain).

This bill is cited as “Preventing Tragedies Between Police and Communities Act.” It amends Title 35 of the OCGA by adding a new code section 35-8-28 for basic classes to include de-escalation training each calendar year beginning in 2022 to include at least six required methods outlined in this code section.

Assigned to the House Public Safety and Homeland Security Committee.

Georgia General Assembly - HB 15 (ga.gov)

HB 16 Sponsors: Sandra Scott (D-Rex), Viola Davis (D-Stone Mountain), Kim Schofield (D-Atlanta), Dar’Shun Kendrick (D-Lithonia), Shelly Hutchinson (D-Snellville), and Park Cannon (D-Atlanta).

This bill is cited as “Stop Militarizing Law Enforcement Act.” It amends Title 35 of the OCGA by adding a new code section 35-1-23 prohibiting law enforcement from accepting any items listed from the U. S. Department of Defense.

Assigned to the House Public Safety and Homeland Security Committee.

Georgia General Assembly - HB 16 (ga.gov)

HB 19 Sponsors: Sandra Scott (D-Rex), Erica Thomas (D-Austell), Kim Schofield (D-Atlanta), Viola Davis (D-Stone Mountain), and Shelly Hutchinson (D-Snellville).

This bill is cited as “Due Process in Civil Forfeiture Act.” It amends the Georgia Uniform Civil Forfeiture Act by changing OCGA 9-16-17 from a preponderance of the evidence to clear and convincing evidence. It also amends 17-12-23 by creating a sub-section (5) requiring the circuit public defender to provide representation in these matters.

Assigned to the House Judiciary Non-Civil Committee.

Georgia General Assembly - HB 19 (ga.gov)

HB 20 Sponsors: Sandra Scott (D-Rex), Viola Davis (D-Stone Mountain), Kim Schofield (D-Atlanta), Erica Thomas (D-Austell), Dar’Shun Kendrick (D-Lithonia), and Park Cannon (D-Atlanta).

This bill amends Title 45 of the OCGA by adding 45-16-12 to allow the heirs of a person killed by a peace officer to have a right of action against any coroner or medical examiner for negligence and the defense of sovereign immunity is waived.

Assigned to the House Judiciary Committee.

Georgia General Assembly - HB 20 (ga.gov)

HB 69 Sponsors: Dar’Shun Kendrick (D-Lithonia), William Bodie (D-East Point), Dewey McLaurin (DLawrenceville), Shelly Hutchinson (D-Snellville), and Kim Schofield (D-Atlanta).

Part II of this bill amends Title 36 by adding a new Chapter 92A. OCGA 36-92A-1 would eliminate all statutory immunities or immunities by law including qualified immunities applicable for law enforcement officers due to actions taken or failures to act on or after July 1, 2021.

Assigned to House Judiciary Committee.

Georgia General Assembly - HB 69 (ga.gov)

HB 145 Sponsors: William Bodie (D-East Point), Mandisha Thomas (D-Atlanta), Shelly Hutchinson (DSnellville), Jasmine Clark (D-Lilburn), David Dreyer (D-Atlanta), and Regina Lewis-Ward (D- McDonough).

This bill amends OCGA 17-4-20 subsection (b) and (c) for law enforcement offices: mandates when physical force and deadly force is used or not used. Also prohibits the use of chokehold upon another person.

Assigned to House Judiciary Non-Civil Committee.

Georgia General Assembly - HB 145 (ga.gov)

HB 175 Sponsors: William Bodie (D-East Point), Derrick Jackson (D-Tyrone), Josh McLarin (D-Sandy Springs), Kim Schofield (D-Atlanta), Karen Bennett (D-Stone Mountain), and El-Mahdi Holly (DStockbridge).

This bill amends Title 16 relating to aggravated assault by adding a new code OCGA 16-5-21 in cases where a peace officer causes serious injury or death of another person in which the use of deadly force is not justified and when the use of an object, choke hold, or neck restraint in which strangulation is likely or actually results, then that peace officer shall be guilty of aggravated strangulation by a peace officer. Punishment upon conviction shall be not less than one nor more than 20 years. Assigned to the House Judiciary Committee.

Georgia General Assembly - HB 175 (ga.gov)

HB 232 Sponsors: Derrick Jackson (D-Tyrone), Stacey Evans (D-Atlanta), Matthew Wilson-Brookhaven), Renitta Shannon (D-Decatur), Rhonda Taylor (D-Conyers), and Billy Mitchell (D-Stone Mountain).

This bill amends Title 17 by repealing OCGA 17-7-52 related to procedure for indictment or special presentment of peace officers for crime in performance of duties, notification, and rights of officers and related code sections.

Assigned to House Judiciary Non-Civil Committee.

Georgia General Assembly - HB 232 (ga.gov)

HB 233 Sponsors: James Beverly (D-Macon), William Bodie (D-East Point), Calvin Smyre (D-Columbus), Kim Schofield (D-Atlanta), Mesha Mainor (D-Atlanta), and Derrick Jackson (D-Tyrone).

This bill amends OCGA 17-5-21 by adding new subsections (e) (1) and (2) to prohibit no-knock warrants. Assigned to House Judiciary Non-Civil Committee.

Georgia General Assembly - HB 233 (ga.gov)

Bills Pending in the Senate

SB 60 Sponsors: Bruce Thompson (R-White), John Albers (R-Roswell), Jeff Mullis (R-Chickamauga), Randy Robertson (R-Cataula), Chuck Payne (R-Dalton), Carden Summers (R-Cordele), Jason Anavitarte (RDallas), Billy Hickman (R-Statesboro), Mike Dugan (R-Carrollton), Steve Gooch (R-Dalonega), Marty Harbin (R-Tyrone), Shelia McNeill (R-Brunswick), and Matt Brass (R-Newnan).

This bill makes several revisions to OCGA 45-9-85 to allow disability and death benefits for heart attacks, strokes, and vascular ruptures for public safety officers under the State Indemnification Fund when performing work related activity and up to 24 hours of that activity.

Passed unanimously by the Senate Public Safety Committee and pending in Senate Rules Committee.

Georgia General Assembly - SB 60 (ga.gov)

SB 76 Sponsors: John Albers (R-Roswell), Randy Robertson (R-Cataula), Kay Kirkpatrick (R-Marietta), John Kennedy (R-Macon), Russ Goodman (R-Homerville), Jason Anavitarte (R-Dallas), Chuck Hufstetler (RRome), Billy Hickman (R-Statesboro), Shelia McNeill (R-Brunswick), Chuck Payne (R-Dalton), Lee Anderson (R-Grovetown), and Carden Summers (R-Cordele).

This bill makes multiple amendments to OCGA Titles 35, 36, 38, and 46 to establish and fund a Next Generation 911 (NG911) system. Part of the funds generated by this act is eligible upon approval by the State Legislature to fund payments to the Peace Officers Annuity and Benefit Fund if needed.

Assigned to Senate Regulated Industries and Utilities Committee.

Georgia General Assembly - SB 76 (ga.gov)

SB 84 Sponsors: John Albers (R-Roswell), Tyler Harper (R-Ocilla), and Randy Robertson (R-Cataula).

The bill amends OCGA 47-17-1 by adding subsection (M) to allow communication officers as defined by GA POST Council regulations to be eligible for membership in the Peace Officers Annuity and Benefit Fund. (Note: Retirement bills with financial impact must be introduced in odd numbered years to be submitted for actuarial report and voted on the following even numbered year). Assigned to Senate Retirement Committee.

Georgia General Assembly - SB 84 (ga.gov)