Georgia Division
Join Now

PBA of Georgia 2013 State Legislative Report (March)

March 1st was the 27th legislative day. Under normal circumstances, a bill originating in one chamber must cross over to the other chamber by the 30th legislative day to have any chance of passing this year.  Those bills that do not pass this year may be held over until next year.
 
HB 55 by Representative Rich Golick & others was signed into law by Governor Perdue on February 14, 2013. This bill was necessary to correct a recent Georgia Supreme Court ruling that limited wiretapping and surveillance warrants to the jurisdiction of the superior court where it was signed. HB 55 amends OCGA 16-11-64 to allow these warrants to have statewide application now.
 
There are nearly 30 gun bills that have been introduced in the two chambers. The House and Senate Public Safety Committees have the bulk of the bills. A few pro 2nd Amendment gun bills have already made it out of committee, like HB 35, SB 74, and SB 101. There is virtually no chance that any gun, gun accessory, ammo, or carry restricting bills will make it out of committee.
 
HB 290 by Representative Katie Dempsey & others would allow employees to use sick leave to care for immediate family members.  It creates a new code section OCGA 34-1-8 that would require employers who offer sick leave to allow this. This bill was favorably reported out of the House Human Relations Committee on February 13, 2013.
 
 
The bills below are currently in the system at the state capitol. If you want to know more about any of these bills, go to: http://www.legis.ga.gov/Legislation/en-US/Search.aspx  and enter the appropriate chamber and bill number.
 
**Changes since the Feb1, 2013 report are italicized**
 
Alcohol/DUI
HB 43                      
by Chuck Sims                     
This bill creates a new code section OCGA 35-1-18 to allow an entrapment defense if a law enforcement officer approaches an individual leaving any establishment selling alcohol beverages for consumption on the premises and uses that to establish probable cause for the DUI. Assigned to the House Judiciary Non-Civil Committee
 
HB 58                      
by Chuck Sims                     
This bill creates a new code section OCGA 3-1-6 to require any establishment selling alcoholic beverages for consumption to provide an alcohol sensor device to estimate an individual’s blood alcohol level. Assigned to the House Regulated Industries Committee
 
HB 113                   
by Rusty Kidd & others
This bill amends OCGA 35-3-37 to allow juvenile DUI convictions to be expunged after five years when certain criteria are met. Assigned to the House Judiciary Non-Civil Committee
 
HB 407                   
by Alan Powell & others
This bill amends OCGA 40-5-63 & 40-5-64 to change the ignition interlocking period to one year and makes other changes related to a second DUI conviction. Assigned to the Judiciary Non-Civil Committee
 
SB 15                       
by Donzella James
This bill adds a new code section OCGA 40-6-391.4 that requires an ignition interlock devise upon the first DUI conviction. Assigned to the Senate Public Safety Committee
 
SB 58                       
by Donzella James
This bill amends OCGA 40-6-391 to change the endangering a child age limit to 16 when the driver is DUI and increases the penalty. Assigned to the Senate Public Safety Committee
 
 
Corrections/Jail
HB 150                   
by Roger Bruce & others
This bill amends OCGA 10-1-393.5 to require websites that publish booking photographs to remove those upon request in certain circumstances. Favorably passed out of the House Judiciary Committee by substitution on February 26, 2013
 
 
Employment/Labor
HB 117                   
by Sandra Scott & others
This bill adds a new code section OCGA 34-1-8 to prohibit employers from compelling an employee to open their social media sites in the employer’s presence except in the investigation of employee misconduct or criminal activity. Assigned to the House Industry & Labor Committee
 
HB 144                   
by Tom Kirby & others
This bill creates a new code section OCGA 34-6-9 that declares that Georgia is a “free-to-work” state and no person shall be required to belong to a union to obtain or maintain employment. Assigned to the House Industry and Labor Committee
 
HB 149                   
by Dar’shun Kendrick & others
This bill adds a new code section OCGA 34-1-8 that prohibits employers from requiring employees to disclose their social media usernames and passwords except in the course of criminal or administrative investigations. Assigned to the House Industry & Labor Committee
 
HB 172                                     
by Chuck Martin & others
This bill would change Fulton County’s charter so that all county employees hired or promoted after the effective date of this bill will be unclassified employees. They will become true at -will employees and may be dismissed without notice or reason. They will have no right of appeal. Assigned to the House Intragovernmental Coordination Committee and placed in sub-committee on February 7, 2013
 
HB 228                   
by Mark Hamilton& others
This bill would create a new code section OCGA 21-5-77 to prohibit most public employees from using any publicly owned or leased computers, fax, or telecommunications equipment or networks for the purpose of promoting or opposing any legislation. Assigned to the House Governmental Affairs Committee
 
HB 264                   
by Mike Jacobs & others
This bill amends the MARTA Act of 1965 to prohibit a defined benefit plan for employees hired after January 1, 2014 and identifies certain job classifications that may be privatized.  It would also prohibit the use of certain sales and use tax funds for employee pay, overtime, or other benefits. Passed by the House by substitution on February 21, 2013 and assigned to the Senate Transportation Committee
 
HB 290                 
by Katie Dempsey & others
This bill creates a new code section OCGA 34-1-8 that would require employers who offer sick leave to allow employees to use that leave to care for immediate family members. Favorably reported out of the House Human Relations Committee on February 13, 2013
 
HB 361                   
by Edward Lindsey & others
This bill among other things amends OCGA 34-6-25 requires numerous administrative procedures for unions and associations, but exempts law enforcement employee associations under certain conditions. Recommitted and favorably reported out of the House Industry & Labor Committee by substitution on February 27, 2013
 
HB 514                   
by Nikki Randall & others
This bill amends an act consolidating Macon and Bibb County to include, among other things, the inclusion of eligible personnel of city police department in the civil service system of Bibb County. Assigned to the Intragovernmental Coordination Committee
 
 
Guns/Gun Control
HB 26                      
by Charles Gregory & others
This bill amends OCGA 16-11-125.1 and others related to expanding carrying and possessing firearms laws for law abiding citizens by eliminating many current restrictions in Georgia law and for other purposes. Assigned to the House Judiciary Committee
 
HB 28                      
by Charles Gregory & others
This bill amends OCGA 16-11-127 to remove a place of worship as a location in which a firearm may not be carried.  Assigned to the House Public Safety Committee & a hearing was held Feb 18, 2013
 
HB 29                      
by Charles Gregory & others
This bill amends OCGA 16-11-127 to allow carrying a firearm at any college, technical campus, or similar institutions of postsecondary education. Assigned the House Public Safety Committee & a hearing was held on Feb 18, 2013
 
HB 35                      
by Paul Battles & others
This bill amends OCGA 16-11-127 and creates a new code section 16-11-127.3 to allow school boards to designate one or more administrators to carry a firearm within a school zone. Passed the House Public Safety Committee by substitute on Feb 12, 2013
 
HB 89                      
by Tommy Benton & others        
This bill creates new code sections OCGA 16-11-190 through 16-11-194 asserting that certain firearms and ammunition produced and sold exclusively in Georgia are exempt from federal law and regulation. Assigned to the House Public Safety Committee
 
HB 90                      
by Stephen Allison & others
This bill creates a new code section OCGA 16-11-114 that attempts to prevent enforcement of most federal firearms laws in Georgia. Assigned to the House Judiciary Committee
 
HB 100                   
by Delvis Sutton & others
The bill creates a new code section OCGA 38-3-37 that would prohibit the temporary or permanent seizure of firearms or ammunition during a declared emergency. Assigned to the House Judiciary Committee
 
HB 120                   
by Pete Marin & others
This bill amends OCGA 16-11-129 to require applicants for a carry permit to have a firearms safety course (with certain exemptions). Assigned to the House Public Safety Committee
 
HB 248                   
by Jay Neal & others
This bill amends OCGA 16-11-127 to all anyone with a carry permit to possess a conceal weapon in a church, unless specifically prohibited by the church. Assigned to the House Public Safety Committee & hearing held Feb 18th
 
HB 303                   
by Pat Gardner & others
This bill adds a new code section to OCGA 16-11-129 that sets a legal process in place for individuals previously denied or revoked a carry license for mental incompetency to apply to superior court after five years to be declared competent. It also proposed to redefine gun shows and gun show vendors under OCGA 16-11-171, 16-11-172, and 16-11-174. Assigned to the House Public Safety Committee & hearing held on Feb 18th
 
HB 335                   
by Tom Kirby & others
This bill amends OCGA 16-11-127 by removing a place of worship as a prohibited place to carry a firearm. Assigned to the House Public Safety Committee & hearing held Feb 18th
 
HB 356                   
by Alan Powell & others
This bill creates a new code section OCGA 16-11-127.3 to allow firearms to be carried in certain areas of an airport. Assigned to the House Public Safety Committee
 
HB 394                   
by Calvin Hill & others
This bill amends OCGA 16-11-130 to add current and former state legislators who possess a valid weapons permit to the list of exemptions from OCGA 16-11-126 through 16-11-127.2. Assigned to the House Public Safety Committee
 
HB 507                   
by Josh Clark & others
This bill creates a new code section OCGA 16-11-190 to exempt certain firearms manufactured and sold exclusively in Georgia from federal regulation. Assigned to the House Public Safety Committee
 
HB 512                   
by Rick Jasperse & others
This bill amends numerous code sections in Titles 16 and others to eliminate many restricts on the use, possession, and carry of firearms. Assigned to the House Public Safety Committee
     
SB 33                       
by Donzella James
This bill amends OCGA 16-11-121 to define and add certain automatic and semi-automatic firearms to the dangerous weapons list and prohibit oversize (10+ rounds) magazines. It also adds a new code section OCGA 16-11-122.1 which makes the possession of two or more dangerous weapons and/or oversize magazines as possession with the intent to sell. Assigned to the Senate Judiciary Non-Civil Committee
 
SB 34                       
by Donzella James
This bill adds a new code section OCGA 16-11-101.2 that identifies certain addicted and mentally incompetent individuals who may not possess or have under their control a handgun. This includes anyone ever convicted of DUI or who has voluntarily or involuntarily been admitted for addiction recovery. Assigned to the Senate Judiciary Non-Civil Committee
 
SB 74                       
by Barry Loudermilk & others
This bill amends OCGA 16-11-136 and 43-38-10 to allow basic military training graduates between the ages of 18 and 21 to obtain a carry permit. Favorably passed out of the Senate Public Safety Committee on Feb 13, 2013
 
SB 88                       
by Bill Heath & others
This bill creates a new code section OCGA 16-11-114 that attempts to prevent enforcement of federal firearms laws in Georgia. Assigned to the Senate Judiciary Non-Civil Committee
 
SB 101                    
by Frank Ginn & others
This bill amends OCGA 8-3-202 to allow those lawfully able to possess a firearm to do so as a resident of public housing. It creates a new code section OCGA 16-11-129.1 to prohibit the disclosure of weapons carry records under open records law. Favorably passed out of the House Judiciary Non-Civil Committee by substitution on Feb 28, 2013
 
SB 146                    
by Vincent Fort & others
This bill amends OCGA 16-11-121, 16-11-122, and others to define and prohibit certain assault weapons and high capacity magazines. Assigned to the Senate Judiciary Non-Civil Committee
 
SB 147                    
by Vincent Fort & others
This bill amends OCGA 16-3-23, 16-3-23.1, and 16-3-24 to redefine habitation to include any dwelling, motor vehicle, or place of business and refines the definition of use of force in defense of habitation and personal property. Assigned to the Senate Judiciary Non-Civil Committee
 
SB 161                    
by Emanuel Jones & others
This bill amends OCGA 16-11-129 to prohibit anyone diagnosed with a mental illness, developmental disorder, or addictive disease within the last 10 years from applying for a carry permit; as well as prohibiting the transfer and sell to such individuals. Assigned to the Senate Judiciary Non-Civil Committee
 
SB 188                    
by Barry Loudermilk & others
This bill amends OCGA16-11-130 to remove many of the restrictions placed on carrying and possessing firearms under OCGA 16-11-126 through 16-11-127.2. Assigned to the Senate Judiciary Non-Civil Committee
 
SB 197                    
by Bill Heath & others
This bill creates a new code section OCGA 16-11-129.1 to protect records and information maintained by the judges of the probate courts on those issued weapons carry licenses and prohibits the state from creating a data base. Assigned to the Senate Judiciary Non-Civil Committee & included in SB 101
 
SB 198                    
by Bill Heath & others
This bill amends OCGA 16-11-105 to prohibit the use of public funds in a gun buy-back program. Assigned to the Senate Judiciary Non-Civil Committee
 
SB 219                    
by Donzella James
This bill creates a new code section OCGA 16-11-174 to prohibit the buying or selling of guns on state property or within 100 feet of state property. Assigned to the Senate Judiciary Non-Civil Committee
 
 
Law Enforcement Benefits/Requirements
HB 111                   
by Keisha Waites             
This bill amends OCGA 20-3-452 to provide an annual tuition grant of $2000.00 for up to four years or age 25 for a child of any law enforcement officer (and certain others) killed in the line of duty if they attend a college within the University System of Georgia and maintains a 2.5 minimum GPA. Assigned to the House Higher Education Committee
 
HB 366                   
by Bill Hitchens & others
This bill amends Title 35 primarily for housekeeping purposes. However, it amends OCGA 35-8-21 by creating a new section (g) that makes a POST regulation into law. Section (g) requires officers to provide documentation to POST confirming training for the previous year. Failure to attain minimum training or provide documentation of training shall result in emergency suspension of an officer’s arrest powers. Favorably reported out of the House Public Safety Committee on Feb 26, 2013
 
HB 470                   
by Nikki Randall & others
This bill amends an act providing for certain changes to the civil service system. Assigned to the House Intragovernmental Coordination Committee
 
HB 482                   
by Jay Neal & others
This bill amends OCGA 42-2-16 and 42-9-9 to allow certified corrections and parole officers with at least 20 years of honorable service to retain department issued weapon upon retirement. Favorable reported out of the House State Properties Committee by substitution on Feb 28, 2013
 
HB 483                   
by Jay Neal & others
This bill amends OCGA 16-13-30 to prohibit parole for a fourth or subsequent violation under subsection (i) or (j). Assigned to the House Judiciary Non-Civil Committee
 
SB 52                      
by Buddy Carter                
This bill amends OCGA 47-17-1 (H) to allow POST certified, full-time peace officers solely employed by a public owned airport to be eligible for membership in the POAB Fund. It also amends OCGA 47-17-72 to allow those officers or employers to buy back all eligible years of service. This appears to be a bill for Savannah Airport PD officers, but may benefit a few others.   Assigned to the Senate Retirement Committee
 
SB 119                    
by Curt Thompson & others
This bill amends OCGA 45-9-81 to allow a delayed death from a condition caused by a total disability to qualify for a line of duty death if otherwise qualified and increases the pay-out to $100,000. Favorably reported out of the Senate Public Safety Committee on Feb 27, 20123
 
 
Motor Vehicles/Traffic
HB 31                      
by Rahn Mayo & others
This bill amends OCGA 40-6-241 to prohibit the use of a hand held mobile phone while operating a motor vehicle on any Georgia roadway. Assigned to the House Motor Vehicle Committee
 
HB 93                      
by Coach Williams & others
This bill amends OCGA 40-6-241.1 to prohibit a driver operating a motor vehicle on any Georgia roadway from using certain wireless communication devises unless they are hands-free. Assigned to the House Motor Vehicle Committee
 
HB 98                      
by Tyrone Brooks & others
This bill adds a new code section OCGA 40-1-9 to prohibit race and ethnicity in traffic stops and requires department policies, training, data collection, and reports to document it. Assigned to the House Judiciary Committee
 
HB 121                                     
by Pete Marin & others
This bill adds a new code section OCGA 40-1-9 to prohibit race and ethnicity in traffic stops and requires department policies, training, data collection, and reports to document it. Assigned to the House Judiciary Non-Civil Committee
 
HB 459                   
by Bill Hitchens & others
The bill amends OCGA 40-6-184 to set conditions for operating a motor vehicle in the left hand lane of a controlled access highway. Assigned to the House Motor Vehicles Committee
 
SB 110                    
by Horacena Tate & others
This bill amends OCGA 40-6-241.1to prohibit the use of a wireless communication device while operating a motorized vehicle on any roadway in Georgia unless that device is hands-free. Assigned to the Senate Public Safety Committee
 
SB 116                    
by Curt Thompson & others
This bill would amend OCGA 40-6-393(c) to change the penalty for unintentional vehicular homicide from a misdemeanor to a misdemeanor of a high and aggravated nature. Favorably reported out of the Senate Judiciary Non-Civil Committee on Feb 28, 2013
 
 
Warrants/Other Legal Process
HB 1                         
by Wendell Willard & others
This bill makes major revisions to OCGA Title 9, 16, and others as related to civil forfeiture process. Favorably reported out of the House Judiciary Committee by substitution on Feb 28, 2013
 
HB 55                      
by Rich Golick & others
This bill amends OCGA 16-11-64 to allow wiretapping and surveillance warrants to have statewide application. Signed into law by the Governor on Feb 13, 2013
 
HB 146                                     
by Tom Welton & others
This bill amends OCGA 17-4-40 and 17-5-21 to allow arrest and search warrants to be issued by video conferencing under most conditions. Favorably reported out of the House Judiciary Committee on Feb 21, 2013
 
HB 242                   
by Wendell Willard & others
This bill is a major revision of OCGA Title 15 and others as related to juvenile justice reform. Passed by the House by substitution on Feb 28, 2013
 
SB 200                    
by Josh McKoon & others
This bill amends OCGA 16-11-60 and creates a new code section 17-5-21.2 to place legal restrictions and warrant requirements on the use of unmanned surveillance aircraft. Assigned to the Senate Judiciary Non-Civil Committee
 
 
 

Georgia News
View All
CSRA Chapter Senior Vice President Ken Waller presents plaque to Attorney Ken Nimmons for 20 years of service to the SSPBA

March 12, 2014

CSRA Chapter Senior Vice President Ken Waller presents plaque to Attorney Ken Nimmons for 20 years of service to the SSPBA

more
The Atlantic Chapter of the Police Benevolent Association of Georgia announces endorsements of Cornell Harvey for Mayor and Robert Emmitt Nolan for South Ward Commissioner

October 4, 2013

The Atlantic Chapter of the Police Benevolent Association of Georgia (PBAGA) recently held candidate screenings for those officials seeking office in the up-coming election.

more
Georgia CSRA Chapter News

September 27, 2013

The September 25th meeting of the CSRA Chapter was held at The Foundation Club located across the street from the Augusta National Golf Club.

more