HB 1500 Proposed Modifications
The proposed legislation modifies the following sections of the Official Code of Georgia: §§ 15-11-63, 15-11-30.3, 15-11-38.1, 15-11-40,15-11-70,15-11-78,15-11-79.2,15-11- 83,15- 11-151,and 49-5-131. This document describes how HB 1500 would change current Georgia Law.
Modifications to O.C.G.A. § 15-11-63 Designated Felony Statute
Section 1 of HB 1500 significantly modifies O.C.G.A. § 15-11-63, commonly referred to as the Designated Felony Statute. HB 1500 adds the SB 440 crimes or seven deadly sins as designated felonies if committed by children under 13. The new designated felony crimes for children younger than 13 are murder, voluntary manslaughter, rape, aggravated sodomy, aggravated child molestation, aggravated sexual battery, and armed robbery. Under current law, children under 13 can not be prosecuted under the designated felony statute for these crimes.
The proposed legislation also drops the minimum age at which children can be prosecuted for committing certain crimes. Children younger than 13 could be charged under the designated felony statute for kidnapping, attempted murder, attempted kidnapping, hijacking a motor vehicle, manufacturing transporting, distributing, or possessing explosive devices, distributing explosive devices, poisonous gas, or a detonator, and a second charge related to possession of a pistol or revolver. Current law does not allow children under 13 to be charged under the designated felony statute for these crimes.
Under HB 1500 children who are ten years of age and who commit certain designated felony acts are subject to court ordered restrictive confinement of up to five years. Crimes that could result in court ordered restrictive confinement for children ten and older are murder, voluntary manslaughter, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery, armed robbery with a firearm, aggravated battery, aggravated assault with serious physical injury, or carrying a weapon within school zones. Under current law, juvenile courts cannot order restrictive confinement for children younger than 13.
A child must be at least 13 years old on the day the offense is committed for all other designated felony acts for court ordered restrictive confinement.
The legislation gives judges discretion as to whether or not to order restrictive confinement. Judges could choose not to order restrictive confinement or order any amount of restrictive confinement up to a maximum of 60 months or 5 years. The legislation requires restrictive confinement when a child inflicts serious physical injury on an elderly person 62 years old or older.
HB 1500 extends the time period that a child is unable to participate in YDC sponsored programs outside of the YDC from 6 months to 12 months (or the first 2/3 of the sentence whichever is shorter), and prohibits home visits during this initial period of confinement except for emergency circumstances.
The proposed legislation adds certain procedural protections for children charged with designated felonies. Before a child can waive the right to counsel, a hearing must be held where the judge must ascertain that the child's waiver is knowing and voluntary. The law includes an extensive list of rights and potential consequences that the child must be made aware of before being allowed to waive counsel. Additionally, before a court accepts a waiver of counsel from a child who is less than13 years of age, the court must order the child to undergo a competency evaluation.
Modifications to O.C.G.A. § 15-11-30.3 Transfer to Superior Court
Under the existing code, after a hearing the juvenile court may transfer cases of children who are fifteen at the time of the offense who have three prior adjudications for burglary, and are charged with a fourth burglary to superior court. The modifications proposed under HB 1500 seek to clarify existing law.
Modifications to O.C.G.A. § 15-11-38.1 Contents of Petition
Requires an allegation of a designated felony act to be included in the petition if known at the time of the petition.
Modifications to O.C.G.A. § 15-11-40 Modification of Orders
HB 1500 allows judges to order restrictive confinement and this section addresses how such orders can be modified after a hearing on the matter. The legislation allows lawyers to file a motion for discharge after a child has spent at least 12 months in custody. It also allows for motions for earned release from restrictive confinement after the child has been confined for 12 months.
If a child convicted of a designated felony is released from restrictive confinement and subsequently "violates the terms and conditions of placement" DJJ can proceed with an administrative revocation.
Modifications to O.C.G.A. § 15-11-70 Duration of Disposition Orders
The proposed modifications remove duplicative language now contained in the proposed revision of O.C.G.A. §15-11-40 and clarifies that children adjudicated delinquent or unruly are subject to disposition orders of not more than two years.
Modifications to O.C.G.A. § 15-11-78 Closed Proceedings
This provision would allow the general public to attend adjudicatory hearings in designated felony cases when the court is authorized to enter an order of restrictive confinement. In some cases this provision would allow the general public to attend hearings for children as young as ten.
Current law allows the general public to attend a hearing if it is the second delinquency adjudication for the child. Amy's law would close hearings involving allegations of sexual misconduct and where issues of deprivation are alleged. The existing law only closes hearings involving allegations of sexual assault and deprivation.
Modifications to O.C.G.A. § 15-11-79.2 Sealing Records
Provides that records for children thirteen or younger when they committed an offense will be sealed even if the general public was allowed to attend the adjudicatory hearing.
Modifications to O.C.G.A § 15-11-83 Release of Child's Name
Requires the court to release the name of any child upon whom a petition has been filed alleging the child committed a designated felony if the court is authorized to enter an order of disposition for restrictive custody. Basically, this requires the court to release the child's name for certain offenses regardless of the age of the child.
Modifications to O.C.G.A. § 15-11-151 Mental Competency
Adds language to specify that the child's age or immaturity may be used as a basis for determining his or her mental competency.
Modifications to O.C.G.A. § 49-5-131 Children and Youth Coordinating Council
This modification is a correction of a statutory reference and has no substantive impact.