Weekly wrap-up 1994 February 4

SENATE WORMATION OFFICE 201 Legislative Offlce Bldg., Atlanta, GA 30334 404-656-0028/ 1-800-282-5803

#7225

February 4, 1994
HIGHLIGHTS OF MAJOR SENATE ACTION For the Week of January 31, 1994 (Week #3)

-- Although the
abbreviated one

third week of the 1994 shortened one day by

legislative session was the "Super Bowl Recess"

a-n-

it was a productive one. Action in the Senate was clearly

dominated by legislation targeting crime and violence as well as

drunk driving.

Several bills from Governor Zell Miller's anti-crime package sailed through the Senate including legislation which would allow juveniles charged with violent crimes, such as murder, rape or armed robbery, to be prosecuted as adults. The bill also designates schools and the areas surrounding them as crime-free zones and bans the possession of weapons around schools, Two other anti-crime measures that won Senate approval would set mandatory minimum prison terms for some violent crimes and would lock-up second-time offenders for life.

The Senate also passed legislation to designate carjacking as

a separate and distinct crime,

This would allow district

attorneys to prosecute the carjacking charge in addition to other

related violations linked to a carjacking incident s u c h as armed

robbery or aggravated assault. First-time carjackers could face up

to 40 years in prison under the plan.

There was more bad news for drunk drivers. Senators said yes

-- to a bill which would eliminate the five-year period for keeping

DUI records

allowing them, instead, to be maintained

permanently. Under this legislation, a driver could be declared a

habitual offender and have his driver's license suspended for three

DUls regardless of the time frame in which they occured.

A second anti-DUI bill would allow the introduction of videotaped evidence of a drunk driving arrest without the officer's testimony in court.

The Senate Special Judiciary Committee held a lengthy public
hearing on House-passed legislation which would make it a felony to assist in a suicide. Following the hearing, the panel recommended passage of the measure which calls for prison terms of 1-5 years
for assisting in a suicide.

The Judiciary Committee, meanwhile, recommended passage af a package of bills aimed at family violence and the Economic Development, Tourism and Cultural Affairs Committee gave the green light to legislation to set aside 10 percent of lottery revenues in a special "rainy day fund.

The full Senate was scheduled to vote Friday on a bill to ensure better statewide compliance with established child abuse investigation procedures.

the Floor

LOOKING BACK. . .on Thursday,
January 27, the Senate passed 46-7 its version of the record $9.2 billion budget for current Fiscal Year 1994. A key difference between the Senate and House versions of the amended spending plan (HB 1296) is the Senate's inclusion of nearly $1 million to fund 1 preventive health care programs and to enhance the resources of the Department of Family and Children Services.

The measure was handled on the Senate floor by Appropriations Committee Chairman George Hooks. Senators also gave the green light to Senate Bill 411 by Senators Mary Margaret Oliver, Charles Walker and Pete Robinson. The legislation, which passed 50-2, would deny state-issued professional or trade licenses to people who aren't paying their required child support. Another in a series of tough anti-DUI bills also won Senate approval on a vote of 48-0. SB 420 by Senators Pete Robinson, Sonny Perdue and Chuck Clay would require courts to notify insurance companies of DUI convictions.

Legislation to crack down on carjacking moved a step closer to becoming law this week with the passage of SB 288. The bill would designate carjacking as a separate and distinct crime. Carjackers would face up to forty years in prison on the first offense.
Sponsors point out that state law generally discourages the prosecution of multiple charges stemming from the same criminal act. By specifying carjacking as a distinct crime, however, district attorneys would be able to prosecute a defendant for the carjacking in addition to armed robbery or aggravated assault charges stemming from the incident.
A first offense would be punishable by 10-20 years in prison and/or a fine of up to $100,000. Second and subsequent offenses would carry a life term and/or a fine of up to $500,000. A defendant could, for example, be sentenced to 20 years in prison for carjacking and 20 years for armed robbery.
Another important provision of the bill includes carjacking under the state's Racketeering Influenced and Corrupt Organizations (RICO) Act. This, along with the fines, is aimed at curbing carjackings related to gang activity. Carjacking would also be included in the staters juvenile code so that a juvenile carjacker could be dealt with by the courts in the same way as if he were charged with armed robbery.
Carjacking is technically referred to as hijacking of a motor vehicle either by force and violence, or intimidation.
The legislation is the product of nearly 18 months of work in consultation with Georgia's prosecutors. Sponsors say it is written so as not to conflict with any of Gov. Miller's anti-crime legislation. The bill also had the strong support of Lt. Governor Howard who had proposed tough carjacking legislation.
Sponsored by Senators Rene Kemp, George Hooks and Ed Boshears, SB 288 passed 53-0.

Mandatory Minimum Sentences
After more than an hour of debate, the Senate passed stiff anti-crime legislation proposed by Governor Miller to lock up Georgia's most violent criminals and remove the possibility of parole or early release.
SB 441 would set mandatory minimum sentences for defendants convicted of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery and murder. A first conviction on any of these charges would result in a mandatory minimum prison term of 10 years with no chance of parole or early release. A second conviction would bring a life prison term with no parole.
Sponsors says the measure is designed to make punishment "certain and severeg1and to target exceptionally violent crimes for special treatment.
Much of the debate focused on an amendment by Senators Clint Day, Ed Gochenour and Chuck Clay which would include a number of other crimes to the list of those in the original bill such as simple child molestation, voluntary and involuntary manslaughter, reckless abandonment and burglary.
The amendment was rejected, however, and SB 441, an administration bill sponsored by Senators Mark Taylor, Robert Brown and Guy Middleton, passed 53-0.
A companion measure, Senate Resolution 395, also won unanimous Senate approval. It is a constitutional amendment which must be approved by voters this November in order for the mandatory minimum sentencing law to become effective.
School Violence
A major component of the Governor's anti-crime package cleared the Senate with the passage of SB 440. The bill is a comprehensive measure that addresses school safety as well as the prosecution of young people accused of violent crimes.
The legislation would specifically create safe school zones --
similar to the drug-free zones that now exist around schools. It would ban the possession of weapons within 1,000 feet of a school, ban their possession by anyone under age 18 and raise the penalties for possession of handguns by minors.
Sponsors say the proposal is aimed at preventing crimes in schools and surrounding areas and ensuring a safe learning environment.
Another important provision of the bill would allow juveniles who have committed violent crimes, such as murder, rape or armed robbery, to be tried as adults. The Superior Courts would be given exclusive jurisdiction over offenders 13 years of age or older who are accused of committing violent crimes.
Sponsored by Senators Mark Taylor, Robert Brown and Guy Middleton, Senate Bill 440 passed without a dissenting vote.
Criminal Trespass in Schools
The Senate also gave the green light to a second bill aimed at curbing violence in schools. SB 42 would create a new criminal offense that addresses trespassing on school property. Sponsors say the legislation is designed to strengthen the hands of school administrators in dealing with campus intruders. Sponsored by Senators Sallie Newbill, Chuck Clay and Pam Glanton, SB 42 passed 52-0.

Video-Taped Evidence
Tough anti-DUI legislation continued to move through the Senate including a measure which would allow the introduction of
video-taped evidence in DUI cases without the arresting officer's
testimony.
The ttsilentwitness" bill came in response to a situation last
year in which a court was asked to dismiss a number of DUI cases lodged by a police officer who was later killed by a drunk driver. Defendants contended that the policeman's presence in court was required to allow cross-examination.
SB 412 would close that loophole and allow the video-tape evidence of a DUI arrest to be submitted provided that it could be properly documented. Sponsors noted that with today's technology the authenticity of tapes can be easily validated.
Sponsored by Senators Eddie Madden, Mary Margaret Oliver and Steve Thompson, SB 412 passed 52-0.
DUI Records
A second related measure would change the way in which prior DUI convictions can be considered in determining penalties for current drunk driving convictions and habitual offender status.
Current law calls for a mandatory driver's license suspension when a motorist is convicted of his or her third DUI within a five year period. SB 418 would drop the five-year limit and require that habitual violators lose their licenses after three convictions regardless of the time frame. The bill would not affect the current administrative proceedings for license reinstatement.
Sponsored by Senators Pete Robinson, Walter Ray and Tom Coleman, SB 418 passed 53-0. Both SB 412 and SB 418 are a part of the Lt. Governor's anti-DUI package.
Affordable Housinq
The Senate passed and sent to the House legislation aimed at increasing the availability of affordable housing. SR 407 would allow a city or county government to provide an exemption on ad valorem property taxes for property being developed or renovated by a non-profit agency for low income residents. The exemption would be limited to three years. Sponsored by Senator Ron Slotin, SR 407 passed 50-0. If approved by the House, the constitutional amendment will go before the voters in November.
This week's hectic pace wasn't confined to the Senate floor but was experienced in Senate committees as well. A number of important bills and resolutions moved through the committee process including legislation dealing with assisted suicide, family violence and lottery revenues.
Assisted Suicide
More than a dozen witnesses appeared before a public hearing conducted by the Senate Special Judiciary Committee this week on House Bill 415. HB 415 would make it a felony, punishable by 1-5 years in prison, to assist in a suicide.

Georgia currently has no law that specifically prohibits assisted suicide. This issue has, of course, moved to the forefront of public debate as a result of the actions of Jack Kervorkian, Michigan's so-called "suicide doctor."
The committee, chaired by Senator Mike Egan, heard a diversity of opinions on the bill. According to a recent Georgia State university study, most Georgians polled are still undecided on the matter of assisted suicide.
Following the hearing, the committee recommended passage of a committee substitute to the bill. The substitute would exempt doctors who administered drugs for pain which hastened or increased
the risk of death -- provided that the drugs were not given for
that purpose. It would also exempt doctors or others who withdrew treatment in compliance with a patient's instructions.
Currently, there are 31 states that have assisted suicide laws on the books. Seven other state legislatures are considering proposals similar to the HB 415.
Family Violence
The Senate Judiciary Committee recommended passage of three bills aimed at deterring family violence.
The legislation includes provisions to: allow a court to extend an initial six-month protective order in family violence cases; remove acts of family violence from the schedule of bails and require a suspect to appear before a judicial officer to request bond; and extend the period of time for holding a hearing on a temporary protective order from 10 to 30 days.
Senate Bills 465, 466 and 468 are sponsored by Senators Mary Margaret Oliver, Steve Thompson and David Scott.
Additional DUI Leqislation
The Judiciary Committee also gave a do-pass recommendation to legislation which would require a 12 month driver's license suspension for drivers under age 18 who plead nolo contendere in a DUI case. Senate Bill 406 is sponsored by Senators David Ralston, Mary Margaret Oliver and Arthur (Skin) Edge.
Lotterv
The Senate Economic Development, Tourism and Cultural Affairs Committee recommended passage of legislation dealing with the appropriation of lottery revenues.
Senate Bill 452 would set aside 10% of the previous year's
lottery revenue into a shortfall reserve fund -- putting into law
what is now done in practice.
The Committee deferred action on SB 453 which would provide lottery revenues for teachersf technology training. Both measures are sponsored by Senator Paul Broun.
Children's Trust Fund
The Youth, Aging and Human Ecology committee recommended passage of SB 493. The legislation, by Senator Steve Thompson, authorizes the Children's Trust Fund Commission to establish criteria for determining which programs are eligible to receive disbursements from the trust fund.

T

\ Senators continued to introduce

bills and resolutions on a wide

range of topics during this

third legislative week.

the

Legislation dropped in the hopper included measures aimed at consumer fraud, job

Hopper

protection for schoolteachers, and competition for local telephone service.

f

Legislation introduced this week includes measures which would :

Require that the state budget's mid-year adjustment.reserve be specifically designated for educational purposes; that the amount of revenue set aside for the "rainy day" fund be increased from three to five percent; and that the shortfall reserve fund be accounted for in the budget document (SB 5 6 1 by Sens. Johnny Isakson, Arthur (Skin) Edge and Perry McGuire).

Change the way in which local telephone service is regulated to allow increased competition and temporarily freeze rates (SB 566 by Sens. Sonny Perdue and Terrell starr).

Protect teachers and administrators from being fired or suspended for refusing to alter a student's grade (SB 554 by Sens. Sallie Newbill, Arthur (Skin) Edge and Steve Henson).

Guarantee access to a live telephone operator even in areas where phone service has been fully automated (SB 539 by Sen. Robert Brown).

Require sponsors and promoters of contests or giveaways to be bonded (SB 540 by Sen. Robert Brown).

Create a uniform system of regulation for the distributors and producers of personal identification cards (SB 541 by Sens. Robert Brown, Pete Robinson and Walter Ray).

Make it a crime, with mandatory minimum penalties, for an adult to hire or encourage a minor to commit a felony (SB 556 by Sens. Steve Langford, Rene Kemp and Steve Thompson).

Raise the age of consent from 14 to 1 6 and set a two-year age differential to more effectively prosecute adults who abuse minors (SB 557 by Sens. Steve Langford, Rene Kemp and Eddie Madden).

Around Capitol
Hill

A number of activities of interest occured outside of the legislative chambers this week.
Among them. . .the annual Arts
Day sponsored by ~eorgia Citizens for the Arts and a meeting of the Georgia Indigent Defense council. Lawmakers also hosted more than 50 Cobb County high school students recognized for their leadership.

Arts Day
The Georgia Citizens for the Arts held its annual Arts Day at the State Capitol this week. Members and supporters attended a briefing on the arts and a luncheon with legislators at the Depot. Gov. Miller was presented with a painting by Columbus artist, Gerry Bosch. The painting is to be added to the State Collection.

Indiqent Defense Council
The Georgia Indigent Defense Council met under the Gold Dome this week for a conference held to consider indigent defense issues in Georgia. An awards luncheon was also held during which Chief Justice Harold Clark of the Georgia Supreme Court was honored as well as five state legislators including Senators Arthur (Skin)
Edge and Mary Margaret Oliver who both received the organization's ide eon's Trumpet Award.
Youth Leadership
Cobb Youth Leadership, which consists of 51 Cobb County high school juniors, met at the State Capitol this week. The group gathered in the Senate Chamber where Lt. Governor Howard and members of their local delegation addressed the students on the legislative process. Members of the program are selected by their high school counselors for outstanding leadership abilities.
Women in Government
State Senator Jane Hemmer was the featured speaker for the Georgia Municipal Association's Women in Municipal Government breakfast meeting held recently in downtown Atlanta. Hemmer discussed major legislation to be considered during the 1994 session of the General Assembly as well as the increasingly visible role of women in state government.
Gwinnett Airport Site
A recommendation by the Georgia Department of Transportation that metro Atlanta's proposed second airport be located in Gwinnett County has raised quite a few hackles.
Sens. Don Balfour and Clint Day who represent portions of Gwinnett County have been in the forefront of efforts to block the plan and were the co-sponsors of a recent public forum in Gwinnett County to give citizens an opportunity to air their opposition.
Lt. Governor Howard, meanwhile, has also come out in opposition to the site and has reiterated his support of a location south of Atlanta. He outlined his position in a letter to his appointee to the State Airport Authority. Gov. Miller has rejected the Gwinnett site.

Sixty
Second Interview

One of the most immediate and pressing tasks that Georgia lawmakers face this year is identifying effective ways to reduce crime. The frightening reality is that violent crime has infiltrated Georgia's schools and veteran Senator David Scott recently discussed his observations about this crisis.

This past summer, Scott visited a number of school systems, met with educators, community leaders and parents and now is sponsoring several bills that he says are aimed at increasing the values, spirituality and self worth of today's young people.
Scott said Senate Bill 395, which he has sponsored, would provide a moment of silent meditation at the beginning of the
. school day to "enable students to reflect and begin each day with
a sense of purpose and order for the days activities. .a sense that we are responsible for ourselves and our actions."

Senate Bill 396, meanwhile, would require parents to meet with school administrators if their child has been disciplined. Scott said it is too late for school authorities to speak with parents or guardians after a child is expelled.
"Some of the answers to the problems facing our young people today rest with us, as adults, in providing these youngsters with
proper values and regimentation," said Scott.
''A lot of kids today are lost, without direction and hope," Scott continued, "We must help them understand that they have the answers within themselves,

/
Georgia Senate

State Senator Jim Tysinger of Dekalb County is now serving his

Bios

thirteenth term from metro Atlanta's 41st District. Tysinger is chairman of the

recently-created Science,

Technology, and Industry

Committee, and serves on

Brief

the Appropriations, Higher Education, and Insurance and

Labor Committees. -1

The veteran lawmaker is also a member of the Metropolitan Atlanta Rapid Transit Authority Overview Committee (MARTOC), and the MARTA Ethics Board. In addition, he is chairman of the Senate Republican Caucus.

Tysinger is highly respected for his expertise in the areas of technology and energy, and represents Georgia on the Science, Energy and Environmental Resources Committee of the National Conference of State Legislatures. He also represents Georgia on the Energy Committee of the Southern Legislative Conference and was honored last year by the American Electronics Association for his contributions to American technology as a government official.

A retired engineer, Tysinger earned a BS in Electrical Engineering and a masterfs degree in Industrial Management from Georgia Tech. He served in the United States Army Artillery from 1941-46 and retired at the rank of lieutenant colonel.

Tysinger is father of three

married to daughters

-t-he

former Loretta Joan, Jan, and

Smith and is
Meg -- and

the the

stepfather of a daughter and son.