In this week's issue: [links in this section take you to that item within this web page]

Focus Bill: Rape Law Reform

HB 1613 ø Rape Law Reform [view bill on State of Ga. web site] ø Sponsored by Rep. Jim Martin (D ø Atlanta), this bill is intended to increase the prosecution of rape and sexual assault cases. The proposed legislation creates a new category of Òaggravated sexual assault,Ó within GeorgiaÕs sex crimes code. A person commits Òaggravated sexual assaultÓ when he or she assaults another with the intent to commit rape, aggravated sodomy, or aggravated sexual battery, or when he or she has carnal knowledge of another person without the other personÕs consent.  The punishment for this crime would be 5 -20 years imprisonment.

Currently, a conviction under GeorgiaÕs Rape Law carries a 10-year mandatory prison sentence.  However, since this mandatory sentencing law went into effect in 1995, rape convictions in Georgia have steadily decreased.  According to experts, the dramatic drop in the conviction rate is not because the prospect of prison is deterring rapes.  Instead, juries are often reluctant to enter a guilty verdict when the offender is an acquaintance of the victim/survivor, believing the penalty is too harsh and/or because of a lack of understanding about the crime of rape.  Because juries are reluctant to convict, prosecutors must often negotiate a non-sex crime plea bargain simply because there are no alternatives available.  Combined with public education, HB 1613 would give prosecutors an additional tool to help them prosecute rape cases and negotiate plea bargains that remain sex crimes.  And, while GeorgiaÕs current rape statute, which remains intact due to case law history, only recognizes rape of women, the new offense of (non-consensual) aggravated sexual assault is gender-neutral. 

This legislation is spear-headed by Dekalb District Attorney J. Tom Morgan with assistance from the Georgia Network to End Sexual Assault (GNESA), and has the support of many organizations and activists including the League of Women Voters, the Junior League, the Georgia Rural Urban Summit, Atlanta NOW, and the District Attorneys and Prosecuting Attorneys Councils.  Civil liberties groups have reviewed the bill, and are not in opposition.  For more information, please contact GNESA at 404-659-6482.

Action Needed: This version of the bill was introduced Fri., Feb. 25, 2000. The bill will be heard in the House Judiciary Committee as early as Monday, Feb. 28.  Contact your Representative and members of House Judiciary and ask them to support Rep. Jim MartinÕs Rape Law Reform bill without damaging amendments.

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Update: Anti-Domestic Terrorism Act 

SB 390 Anti-Domestic Terrorism Act [view bill on State of Ga. web site] ø Sponsored by Sen. Vincent Fort (D-Atlanta), this bill provides enhanced penalties when a criminal intentionally selects a victim because of real or perceived race, color, disability, gender, religion, sexual orientation, national origin or ancestry of the victim (please see previous alerts at http://www.garus.org for details).

Two hearings were held on SB 390 in the House Judiciary Committee last week. On Monday, the committee heard supporting testimony from legal experts representing the Lambda Legal Defense Fund, The Anti-Defamation League, and a representative of the stateÕs District Attorneys. Tuesday featured testimony by victims of hate crimes, including representatives from: the gay/lesbian/bisexual/transgendered communities; faith-based organizations, including the National Association of Burned Churches and the American Jewish Committee; and civil rights groups such as the Southern Christian Leadership Conference and the NAACP.

Action Needed: The bill could be voted on in the House Judiciary Committee early this week. Conservative legislators are planning to introduce amendments, including one of which would strike the category of sexual orientation from the bill. Please call members of the House Judiciary Committee and your representatives to urge their support of an inclusive SB 390, without damaging amendments. 

For more information, contact  GRUS at 404-373-5169.

Jim Martin (D-Atlanta) (Chair) 404-656-5125
Tom Bordeaux (D-Savannah) 404-656-0325
Ben Allen (D-Augusta) 404-656-7859
Tom Campbell (R-Roswell) 404-656-0152
Mack Crawford (R-Zebulon) 404-656-0152
Max Davis (R-Atlanta) 404-656-0109
Scott Dix (R-Stn Mtn) 404-656-0126
Allen Hammontree (R-Dalton) 404-656-0116
Arnold Ragas (D-Stone Mountain) 404-656-0220
Kasim Reed (D-Atlanta) 404-656-7859
Robert Reichert (D-Macon) 404-656-0254
Glenn Richardson (R-Dallas) 404-656-0314
Mary Squires (D-Tucker) 404-656-0325
Jim Stokes (D-Oxford) 404-656-0126
Stephanie Stuckey (D-Atlanta) 404-656-6372
Doug Teper (D-Atlanta) 404-656-3996
Scott Tolbert (R-Pendergrass) 404-656-0188
Larry Walker (D-Perry) 404-656-5024
John Wiles (R-Kennesaw) 404-656-0314

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Update: Education Reform

HB 1187 ø GovernorÕs Education Reform Package [view bill on State of Ga. web site] ø Sponsored by the GovernorÕs Floor Leader Charlie Smith (D ø St. MaryÕs), this bill seeks comprehensive reform of the stateÕs education system.  The bill was debated for more than six hours on the Senate Floor on Thurs., Feb. 24.  Although the bill was amended by the Senate Education Committee, over two dozen additional Republican floor amendments were offered and defeated, largely along party lines. The Senate version is different from that passed by the House, and so the bill will go to conference committee.

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TANF Press Conference Report   

A study released Thurs., Feb. 24, in Washington, D.C. by the National Campaign for Jobs and Income reveals that 45 states and the District of Columbia have accumulated $7 billion in unspent federal anti-poverty funds at a time when poverty rates remain high and some poor families are falling deeper into poverty. According to the study, Georgia had $135.8 million in unspent federal funds as of Sept. 30, 1999.  Six states are diverting funds from Temporary Assistance for Needy Families (TANF) block grants to tax breaks and other state programs.   A news conference by anti-poverty advocates at the Georgia State capitol contrasted the stateÕs huge cash surplus in TANF funds with the growing unmet needs of poor Georgians and other TANF recipients. In light of these findings, it is now more important than ever for the Georgia General Assembly to approve new spending and other measures that will most benefit the poor and other TANF recipients.

In particular, there are two measures that should be considered by legislators: Passage of HB 549 which would raise the state minimum wage, and a moratorium on the four-year cutoff for TANF recipients.  At $3.25 per hour, our state minimum wage is one of the lowest in the nation. 

For more information, please contact Sandra Robertson, Georgia Citizens Coalition on Hunger (404-622-7778), Danny Levitas, GRUS (404-373-5169), or Deepak Bhargava, National Campaign for Jobs & Income (202-339-9349).  For a complete copy of the study, go to www.garus.org.

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LEGISLATION

The number of new bills introduced this week has decreased considerably as we have completed 26 of the 40 legislative days.  Legislation must clear its chamber of origin by the 33^rd legislative day in order to pass the second chamber by the 40^th day.

Children and Education

HB 1590 ø Child Custody: Relocation of Child [view bill on State of Ga. web site]ø Sponsored by Rep. Stephanie Stuckey (D ø Decatur), this bill would change custody and visitation orders or agreements by requiring notification of a custodial parentÕs relocation from a primary residence to any person who is entitled to visitation rights.  The notice of intent to relocate must be sent by certified mail (to the last known address) no later than the 60 days before the intended move date, it must include the physical and mailing address, a phone number, a statement explaining the relocation, and a proposal for a revised visitation schedule.  There are provisions in the bill that would protect the disclosure of information when health, safety and liberty of parent or children are at risk.

HB 1595 ø Uniform Child Custody Jurisdiction and Enforcement Act [view bill on State of Ga. web site]ø Sponsored by Rep. Stephanie Stuckey (D ø Decatur), this bill would amend GeorgiaÕs ÒUniform Child Custody Jurisdiction ActÓ with new procedures  for determining court jurisdiction and cooperation in interstate and foreign child custody cases.

Civil Rights and Civil Liberties

HB 1284 ø Death Penalty: Lethal Injection [view bill on State of Ga. web site] ø Sponsored by Rep. E.C. Tillman (D - Brunswick), this bill is one of several death penalty measures that would make lethal injection legal if  the current method of electrocution is ruled unconstitutional (Please see Alert Vol. 5. #. 5 for more information on this legislation).  HB 1284  passed the House on Mon., Feb. 21, with an amendment that would make lethal injection the mode of execution for all death row inmates convicted after May 1, 2000. If the Supreme Court rules the electric chair unconstitutional, lethal injection will be retroactively applied to everyone currently holding a death sentence.  As expected, Rep. Ben Allen (D-Augusta) moved to amend the bill to place a moratorium on the death penalty in Georgia. The amendment failed by a vote of 158 to 15. All 15 of the anti-death penalty votes were Democrats. The bill moved to the Senate on Tues, Feb 22^nd, and was assigned to the Senate Judiciary Committee. It could be heard in committee as early as this week.

HB 1365 ø Safe Space for Newborns Act [view bill on State of Ga. web site] ø Sponsored by Rep. Terry Barnard (R - Glennville), this bill allows a person who abandons their infant immunity from criminal charges if the child is delivered to a Òsafe spaceÓ (i.e., hospital, fire station) no more than 72 hours old, and does not show any signs of physical abuse. A sub-committee substitute was heard in the House Judiciary Committee on Thurs., Feb. 24.  Committee Chairman Jim Martin also offered a substitute.  The committee debate on this measure centered around the possible liability of a medical facility that accepts babies, the time frame in which DHR would take custody of the baby, and what constitutes abuse.  A sub-committee substitute was adopted that includes removing fire stations as drop-off facilities, requires DHR to take custody of the baby within six hours, and gives the state the ability to to prosecute for abuse.  Further revisions are expected when the bill reaches the House Floor.

HB 1405 ø Juvenile Transfer to Adult Corrections at 13 [view bill on State of Ga. web site] ø Sponsored by Rep. Ben Harbin (R - Martinez), this bill would allow courts to transfer criminal charges against children as young as 13 from juvenile to adult court. Currently, children must be at least 15 to have their cases transferred to adult court, or, if they are 13 or 14, they must be charged with a crime punishable by life in prison or death.  Current law allows for transfer if the juvenile is being tried for committing one of the "7 deadly sins.Ó  The bill does require a hearing in juvenile court where the judge has the discretion to transfer the juvenile to adult court. The bill passed the House on Thurs., Feb. 24 and moves to the Senate.

SB 376 ø ÒDriving While BlackÓ [view bill on State of Ga. web site] ø Sponsored by Sen. Gloria Butler (D ø Clarkston), this bill would prohibit police officers from using race as a factor in their decision to stop a motorist. The police officer must have articuable facts that the motorist is in violation of statutory law and race may not be one of those.  The measure will be heard in Senate Judiciary Committee on Monday, Feb. 28 at 4:00.

For more information about civil rights and civil liberties, contact ACLU of Georgia lobbyist Kay Young at 404-589-0222 or Ann Colloton, Georgians for Equal Justice at 404-688-1202, GEJustice@yahoo.com.

Consumers

HB 1609 ø Georgia Cemetery and Funeral Services Act of 2000 [view bill on State of Ga. web site] ø Sponsored by Speaker of the House Tom Murphy (D ø Bremen), this bill would require all salespeople who offer "pre-need" services and merchandise to register with the state, which would allow for screening to reduce fraudulent business practices. The bill would transfer to the Secretary of State, oversight of "pre-need" sales by funeral homes, which are currently supervised by the State Insurance Commissioner. This bill is similar to SB 462 sponsored by Sen. Greg Hecht.

Disability Rights

SB 407 ø Crimes Against Elderly and Disabled [view bill on State of Ga. web site] ø Sponsored by Sen. Greg Hecht (D - Jonesboro), this bill is entitled the ÒGeorgia Protection of Elder Persons and Disabled Adults Act of 2000.Ó  Current Georgia law provides enhanced penalties for those convicted of certain crimes against persons more than 65 years old or pregnant. This bill would add disabled adults to the covered categories. The bill passed the Senate on Tues., Feb. 14 and was heard in the Criminal Law Subcommittee of the House Judiciary Committee on Wed., Feb. 23.  Several amendments were added by the House sub-committee, including removal of sexual battery from the protections offered to the elderly and disabled.  The bill will be heard in the full House Judiciary Committee as early as this week.  Please call members of House Judiciary and urge them to oppose the bill as currently amended.

SB 479 ø State and Community Ombudsmen for Mental Health and Retardation and Substance Abuse [view bill on State of Ga. web site] ø Sponsored by Sen. Eddie Madden (D - Elberton), this bill is a result of recommendations from the Joint Mental Health/Mental Retardation Study Committee formed last year. SB 479 provides for a State Ombudsmen and a Community Ombudsmen on behalf of individuals with mental health concerns, mental retardation and substance abuse problems. The Ombudsmen will be under the direction of the ConsumersÕ Insurance Advocate in the Office of the Governor.

Unlock the Waiting Lists - Disability rights advocates note with disappointment that the Governor's budget recommendation for the Mental Retardation waiting list includes cutting $4.5 million in state dollars out of the mental retardation budget while adding $5.3 million in tobacco settlement funds.  This would leave few if any  new dollars for mental retardation.  The Campaign to Unlock the Waiting Lists wants to see $5 million in new dollars to serve 215 people in crisis.  With regard to waiting lists for people with severe physical disabilities/traumatic brain injuries, the Campaign notes the Governor has recommended reducing that waiting list by one-third.  The recommendation is for $2.1 million to serve 100 people from the 324-person waiting list.  Ask your legislators to support the Governor's recommendation in the Department of Community Health budget for expanding the Independent Care Waiver and the Traumatic Brain Injury program.  Finally, the Governor has recommended $8 million to serve one-third of those older adults on waiting lists for Medicaid or Non-Medicaid home and community-based services.  For more info: contact  Grace Covington Fricks at fricks@alltel.net or at 404-687-9891

For other disability rights info., contact Dawn Randolph at Time for Community (404-881-9777).

Environment

SB 399 ø Greenspace [view bill on State of Ga. web site] ø Sponsored by Sen. Steve Thompson (D - Powder Springs) the GovernorÕs Senate Floor Leader, this bill would create a green space grant program to help Georgia's fastest-growing counties set aside 20 percent of their undeveloped land. About 40 counties would divide a proposed $30 million this year. Having previously passed the Senate, the bill passed the House Committee on Natural Resources and the Environment on Thurs., Feb. 24. It will be heard in the full House as early as this week. Call your Representative and urge their support for this important bill.

For more information on environmental legislation contact the Sierra Club at Mark.Woodall@sierraclub.org or Georgia River Network at www.garivers.org  888-RIVER-GA.

Families

SB 481 ø Enhanced Penalties for Family Battery [view bill on State of Ga. web site] ø Sponsored by Sen. Jack Hill (D ø Reidsville), this bill provides for an enhanced penalty for the offense of family battery if the conviction is a repeat offense.

SB 484 ø Child Abuse Fatality Reporting [view bill on State of Ga. web site] ø Sponsored by the GovernorÕs Senate Floor Leader Steve Thompson (D ø Powder Springs), this bill provides for a Child Fatality Review Panel to establish a child abuse protocol committee that will develop a written child abuse protocol.   Further, this bill creates local multi-disciplinary, multi-agency child fatality review teams that will investigate deaths of children.

SB 486 ø Mutual Protective Orders Prohibited [view bill on State of Ga. web site] ø Sponsored by Sen. Rene Kemp (D - Hinesville), this bill prohibits the courts from issuing mutual protective orders. Advocates contend that mutual protective orders are dangerous for women as they violate a victimÕs due process rights, and make enforcement of such orders almost impossible. While this bill prohibits mutual orders, it does not preclude the court from issuing separate orders if violence is demonstrated by both parties.

For more information about family violence measures contact, the Georgia Coalition Against Domestic Violence (770-984-0085), or the Commission on Family Violence (404-657-3412).

Good Government

HB 1361 ø Records of Identity for Purchase of Political Advertisements [view bill on State of Ga. web site] ø Sponsored by Rep. David Lucas (D - Macon), this bill requires newspapers and others that accept paid advertisements to maintain records that verify the identity of persons purchasing political ads. The measure passed the House on Thurs. Feb. 24 and now moves to the Senate.

SB 372 ø Ethics: No Use of State Employee Services to Further Candidacy [view bill on State of Ga. web site] ø Sponsored by Sen. Eric Johnson (R ø Savannah), this bill prohibits the use of services of state officers and employees during their working hours to further candidacy for public office. Among other provisions, the bill prohibits campaign contributions and pledges and the solicitation of them in government owned buildings.

For more information about workerÕs rights contact the Georgia State Employees International Union (404-659-4166) or the Atlanta Labor Council (404-525-3559).

SB 398 ø ÒOne GeorgiaÓ Authority [view bill on State of Ga. web site] ø Sen. Steve Thompson (D - Powder Springs), this bill would require that one-third of the tobacco settlement funds received by Georgia ($63 million) be used to initiate the "One Georgia Fund" to support rural economic development. This bill passed the Senate and moved to the House on Wednesday, Feb. 23.  SB 398 has been assigned to the House Appropriations Committee.

Health Care

HB 1214 ø Expand PeachCare for Kids [view bill on State of Ga. web site] ø Sponsored by Rep. Mickey Channell (D-Greensboro), this bill would enable more families to benefit from the PeachCare for Kids health care program.  Families with income below 200% of the federal poverty level are presently eligible.  This bill would increase the level to 235%. HB 1214 passed in the House on Feb. 21 and has been assigned to the Senate Health and Human Services Committee, chaired in the Senate.  It is expected to be heard as early as this week.   Fully 25.5% of all Georgia children with family incomes of 200% or below the poverty level do not have health insurance.

SB 381 ø Rural Hospital Authorities Assistance Act [view bill on State of Ga. web site] ø Sponsored by Sen. Jack Hill (D ø Reidsville), this bill expands the provisions for state funding for rural hospitals by providing funding for those rural hospitals facing closure to assist in their operations. The bill passed the Senate Friday, Feb. 25. and was sent to the House.

SB 475 ø In-Patient Services [view bill on State of Ga. web site] ø Sponsored by Sen. Nadine Thomas (D - Ellenwood), this bill prohibits managed care plans from restricting a physician from providing in-patient services in a participating facility if such services are medically necessary and covered under the managed care plan. The bill provides for timely payment to a participating physician for such medically necessary in-patient hospital services covered by managed care plans.

Separation of Church and State

HB 1114 [view bill on State of Ga. web site] and HB 1200 [view bill on State of Ga. web site] ø Old/New Testament in Public Schools ø Sponsored by Rep. Jeannette Jamieson (D - Toccoa), HB1114 allows state funded high schools to offer constitutionally questionable courses in the ÒHistory of the Old Testament EraÓ and ÒHistory of the New Testament EraÓ upon approval of the State Board of Education and the Attorney General.  HB 1200 - Bible Study in Public Schools, sponsored by Rep. Tommy Smith (D - Alma), would allow state funded high schools to offer similarly constitutionally questionable courses.  An Education subcommittee developed a ÒcompromiseÓ bill that will move on to the full committee this week. The ÒcompromiseÓ bill is even more constitutionally questionable that the original versions.

Action Needed:  Please call members of the committee to express your support for the separation of church and state, and urge the committee to oppose these bills.

HR 1083 ø Bible as the ÒBook of the MillenniumÓ [view bill on State of Ga. web site] ø Sponsored by Rep. James Mills (R ø Gainesville), this resolution would designate the Bible as the ÒBook of the MillenniumÓ in Georgia.

For more information on matters relating to separation of church and state, please contact any of the following groups: the Georgia Chapter of Americans United for Separation of Church & State (www.auga.org) at 404-607-0660 or the American Jewish Committee at 404-233-5501 or the Anti-Defamation League at 404-262-3470 or Kay Young at the ACLU Georgia Chapter 404-589-0222.

Women

HB 1264 - Victim Assistance Program Five Percent Fines [view bill on State of Ga. web site] ø Sponsored by Rep. Tom Bordeaux (D-Savannah), this bill requires local court clerks to ÒreportÓ the collection of five percent add-on fines on a monthly basis (Please see Vol. 5, # for 3 details). HB 1264 is an ÒadministrativeÓ bill, which will help better coordinate local, state and federal victim services funds.  The bill passed Senate on Mon., Feb.,  20 and was agreed to by the House on Feb 23.  The bill now goes to the Governor. Thanks to everyone who called their legislators and committee members who supported this legislation!

SB 464 ø Insurance Discrimination ø ÒPinkliningÓ [view bill on State of Ga. web site] ø Sponsored by Sen. Connie Stokes (D - Decatur), this bill is intended to stop insurance companies from canceling or limiting coverage for victims of domestic violence. The bill makes it illegal for insurance companies to base coverage decisions, including rate increases or claims, on whether a person has been a victim of domestic violence.

Action Needed: The Senate Insurance Committee has heard the bill and testimony from victims who were denied insurance coverage based on domestic violence.  Also testifying were representatives from the insurance industry.  No vote was taken at that time. The committee may vote on the bill as early as Mon., Feb. 28.  Please call Insurance Committee members and urge their support, without damaging amendments.

Sen. Eddie Madden,Chair(D-Elberton)(404) 656-6030
Sen. Tim Golden,V-Chair (D-Valdosta)(404) 656-0082
Sen. Ed Harbison, Sec. (D-Colum.)(404) 656-0074
Sen. Don Balfour (R- Snellville) (404) 656-0095        
Sen. Robert Brown (D- Macon) (404) 656-5035
Sen. Susan Cable (R-Macon) (404) 463-8051
Sen. Mike Crotts (R-Conyers) (404) 656-0071
Sen. Rene Kemp (D-Hinesville)(404) 656-0070
Sen. Terrell Starr (D-Forest Park) (404) 656-7586
Sen. Bill Stephens (R-Canton) (404) 656-6559
Sen. Connie Stokes (D- Decatur) (404) 651-7741
Sen. Charles Walker (D-Augusta) (404)656-0040

For more information about family violence, contact the Georgia Coalition Against Domestic Violence (770-984-0085), the Commission on Family Violence (404-657-3412) or Men Stopping Violence (404-688-1376).

WorkerÕs Rights/Labor

HB 1402 - Unemployment Insurance Provisions [view bill on State of Ga. web site] ø Sponsored by Rep. Nan Grogan Orrock (D - Atlanta), this bill creates an adjustable base period for calculating eligibility to receive unemployment compensation, and allows for persons to collect unemployment if they are required to leave their employment due to domestic violence situations, child care loss, caring for an ill or elderly family member, illness, etc. This bill also allows for part time workers to collect unemployment.  The bill was heard in sub-committee of the House Insurance Committee on Fri., Feb. 25. Many groups testified for and against the bill, including the Department of Labor. While the DOL claims to support the bill, they requested more time to determine the fiscal impact of changing current Ògood causeÓ leave provisions.  In many cases, requiring a fiscal impact note is a mechanism for stalling or killing a bill.  HB 1402 passed the committee 4 ø2 and will be heard Wed., March 1 in the full House Insurance Committee.

SB 494 ø Public Employees Labor Relations Commission [view bill on State of Ga. web site] ø Sponsored by Sen. Donzella James (D ø Decatur), this bill would allow public employees to organize into units for the purpose of collective bargaining. The bill would also establish the Public Employees Labor Relations Commission.  SB 494 also would allow voluntary contributions by state employees through payroll deductions for organizations that engage in collective bargaining with the state.

For more information contact, the Georgia State Employees Union/SEIU Local 1985 (404-659-4166) or the Atlanta Central Labor Council (404-525-3559).

Georgia Primary Exit Poll Interviewer

The League of Women Voters of Georgia is assisting the Voter News Service (VNS), owned by ABC News, The Associated Press, CBS News, CNN, Fox News, and NBC News, in recruiting individuals to work as exit poll interviewers for the Georgia Primary Election. VSN is responsible for collecting and tabulating the exit poll results for the presidential primaries and many other important national and statewide elections. For additional information and training contact Brad Curabba (800-330-8683 or brad.curabba@vnsusa.org).

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