Selected New Georgia Laws July 1, 2009

 

 

TITLE 10 - COMMERCE AND TRADE

Act 150; SB 82

This Act provides for the regulation of theft of regulated metal property by requiring certain persons offering to sell secondary metals to provide certain information and provides for the method of payment a recycler may use to make certain purchases.

The Act amends O.C.G.A. Sections 10-1-350, 10-1-351, and 16-8-12 and enacts O.C.G.A. Section 10-1-352.1.

Effective July 1, 2009. 

TITLE 15 - COURTS

Act 112; SB 246

This Act requires notice to certain persons when a child is released from detention under certain circumstances.

The Act enacts O.C.G.A. Section 15-11-51.

Effective May 4, 2009. 

Act 37; HB 254

This Act provides that the Department of Human Resources shall attempt to locate adult relatives of a child removed from the custody of his or her parents and provide notice to such relatives of certain matters. The Act also provides conditions for the placement of a child following a termination of parental rights order.

The Act amends O.C.G.A. Sections 15-11-55 and 15-11-103.

Effective July 1, 2009. 

Act 36; HB 245

This Act changes provisions relating to the disposition of delinquent children to youth

development centers.

The Act amends O.C.G.A. Section 15-11-66.

Effective April 21, 2009. 

TITLE 16 - CRIMES AND OFFENSES

Act 88; HB 575

This Act changes the definition of the offense of kidnapping, makes it non-mergable, and provides for venue for the offense.

The Act amends O.C.G.A. Section 16-5-40.

Effective July 1, 2009. 

Act 149; HB 123

This Act changes the definition of the offense of child molestation and provides for venue.

The Act amends O.C.G.A. Section 16-6-4.

Effective May 5, 2009.

Act 70; HB 71

This Act removes the "novelty" defense to manufacturing, selling, or distributing false

identification documents.

The Act amends O.C.G.A. Section 16-9-4.

Effective October 1, 2009.

Act 43; HB 368

This Act makes changes to the list of Schedule II, Schedule III, and Schedule IV controlled substances and dangerous drugs.

The Act amends O.C.G.A. Sections 16-13-26, 16-13-27, 16-13-28, and 16-13-71.

Effective April 21, 2009. 

TITLE 19 - DOMESTIC RELATIONS

Act 151; SB 69

This Act expands the definition of "sexual exploitation" relating to child abuse in areas pertaining to reporting, investigating, and preventing child abuse and the confidentiality of records containing child abuse information.

The Act amends O.C.G.A. Sections 19-7-5, 19-15-1, and 49-5-40.

Effective May 5, 2009. 

TITLE 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES

Act 41; HB 343

The Act establishes the position of weight inspector within the Motor Carrier Compliance Division of the Department of Public Safety; authorizes the weight inspector to enforce certain non-criminal provisions relating to commercial motor vehicles; and temporarily detain a commercial motor vehicle operated in violation of the law.

The Act amends O.C.G.A. Section 35-2-100 and enacts O.C.G.A. Section 35-2-102.

Effective April 21, 2009. 

TITLE 40 - MOTOR VEHICLES AND TRAFFIC

Act 22; SB 196

This Act clarifies that a person driving without a license shall not be guilty of such offense if the person produces a valid Georgia driver's license in court regardless of whether the license was issued at the time of arrest; provides for a driver's license suspension of a person convicted of causing serious injury to another due to a right of way violation resulting from a collision with a motorcyclist, pedestrian, bicyclist, or farmer transporting vehicles hauling farm products, machinery, or livestock; increases the fee to be paid by a DUI Alcohol or Drug Use Risk Reduction Program to the state for each assessment and also raises the fee such program shall charge the offender for the assessment; and permits local governments to authorize the use of sidewalks by bicyclists who are 12 years of age or younger.

The Act amends O.C.G.A. Sections 40-5-20, 40-5-83, 40-5-121, 40-6-77, 40-6-96, and 40-6-144 and enacts O.C.G.A. Section 40-5-57.3.

Effective July 1, 2009. 

Act 135; HB 160

This Act increases several drivers' license reinstatement fees and provides for an additional administrative fee for certain persons committing speeding offenses classified as super speeders; and requires that a charging officer indicate on a uniform traffic citation or other charging instrument used to charge a speeding violation whether the violation occurred on a two-lane road or a highway.

The Act amends O.C.G.A. Sections 40-5-22.1, 40-5-30, 40-5-56, 40-5-57.1, 40-5-62, 40-5-70, 40-5-75, 40-5-84, 40-5-121, and 40-6-187 and enacts O.C.G.A. Section 40-6-189.

Effective July 1, 2009, as to those provisions relating to increases in drivers' license reinstatement fees. Effective January 1, 2010, as to those provisions relating to the uniform traffic citation and charging instrument and the super speeder fee.

TITLE 42 - PENAL INSTITUTIONS

Act 104; SB 64

This Act establishes the HIV testing program for the testing of state inmates prior to their release from a state penal institution and shall be implemented by the Department of Corrections, contingent upon funding.

The Act enacts O.C.G.A. Section 42-5-52.2.

Effective July 1, 2009. 

TITLE 45 - PUBLIC OFFICERS AND EMPLOYEES

Act 103; SB 38

This Act authorizes the GBI to perform post-mortem examinations and autopsies on persons whose death occurs within a state owned or leased building or on the cartilage of such building and permits a medical examiner to provide biological substances to an approved canine instructor or school for the purpose of training police canines.

The Act enacts O.C.G.A. Section 45-16-25 and amends O.C.G.A. Section 45-16-50.

Effective July 1, 2009. 

TITLE 47 - RETIREMENT AND PENSIONS

Act 82; HB 452

This Act provides that persons who become members or again become members after July 1, 2009 of the Employees' Retirement System, the Legislative Retirement System, or the Judicial Retirement System shall not be eligible to receive a cost-of-living increase in retirement benefits.

The Act amends O.C.G.A. Sections 47-2-29, 47-6-80, and 47-23-21.

Effective July 1, 2009. 

Act 83; HB 476

This Act provides that an employing unit shall pay to the retirement system the actuarial cost of granting an employee a salary increase in excess of 5 percent during the 12 months prior to such employee's retirement; provides that the computation of a retirement benefit shall not include a compensation increase in the last 12 months of employment which exceeds 5 percent; clarifies provisions relative to a death benefit; provides for the authority to increase liability contribution rates; and eliminates certain provisions relating to continued employment and drawing benefits for certain members age 55 and 30 years membership under the Peace Officers' Annuity and Benefit Fund.

The Act amends O.C.G.A. Sections 47-2-120, 47-2-123, 47-2-222, 47-2-334, 47-2-353, 47-2-356, and 47-17-80.

Effective July 1, 2009. 

TITLE 49 - SOCIAL SERVICES

Act 16; SB 79

This Act expands access to records pertaining to child abuse so as to permit access to such records by any governmental entity that has a need for the information in order to protect children from abuse. But excludes from disclosure to private persons privileged information as a matter of law or related to an ongoing criminal investigation.

The Act amends O.C.G.A. Sections 49-5-40 and 49-5-41.

Effective July 1, 2009. 

TITLE 50 - STATE GOVERNMENT

Act 12; SB 26

This Act clarifies the prohibition of the disclosure of public information required by federal statute or regulation to be kept confidential; limits the disclosure of certain private information of firefighters and EMTs (similar to that already in effect for law enforcement personnel); limits the disclosure of individual account numbers and passwords used to access accounts; provides that public disclosure shall not be required for certain personal contact information of individuals obtained by a local government; and provides for disclosure of certain information contained in criminal records.

The Act amends O.C.G.A. Section 50-18-72.

Effective July 1, 2009.

Act 339; HB 2

This Act clarifies compliance requirements of public employers with employee verification requirements and provides for certain immunity; expands the duties of keepers of jails relative to determining the nationality of prisoners; and expands the requirements relating to verification of lawful presence in this country, procedures, and conditions for receiving public benefits.

The Act amends O.C.G.A. Sections 13-10-91, 42-4-14, and 50-36-1.

Effective January 1, 2010.

For a complete copy of all new laws see the report by Legislative Counsel. Go to:

http://www.legis.state.ga.us/legis/2009_10/09sumdoc.pdf.