2008 Legislative Agenda

The American Civil Liberties Union of Georgia (ACLU of GA) is committed to the protection of civil liberties and civil rights of all Georgians as dictated in the United States Constitution.

In the 2008 Legislative Session of the Georgia General Assembly, the ACLU of GA will continue to counter the growing threats to fundamental freedoms—including personal privacy and the freedoms of speech, association, religion—and remain steadfast in the ongoing fight for racial justice.

Personhood Amendment (HR536) - Failed
A bill making it illegal for any person or entity to intentionally or knowingly create or attempt to create an in vitro human embryo by any means other than fertilization of a human egg by a human sperm; to provide legal status for the in vitro human embryo; to provide that a human embryo is a legal person (POSITION: OPPOSE).

Georgia Medical Privacy Act (SR1006) – Failed
A resolution amending the Georgia Constitution to protect the right of Georgians to make autonomous medical decisions without intrusive government interference (POSITION: SUPPORT). .

Georgia Faith-Based Constitutional Amendment (SR345) - Failed
A resolution amending the Georgia Constitution, to prevent discrimination in the public funding of social services by allowing religious or faith based organizations to receive public aid, directly or indirectly (POSITION: OPPOSE).

Non-Unanimous Jury; Death Sentencing (HB185) – Passed Both Chambers; Failed House Amendment
A bill which provides that the death penalty may be imposed where the jury finds at least one aggravating circumstance but is unable to reach a unanimous verdict as to the sentence, taking into account the majority vote of the jurors in some circumstances and nine jurors in other circumstances; to change provisions relating to the requirement of a jury finding of aggravating circumstance and recommending the death (POSITION: OPPOSE).

Eyewitness Identification Standards– Passed House; Failed
A bill mandating a standardized eyewitness identification procedure for all law enforcements departments across Georgia by January 2009, including the development and implementation of written policies for conducting showups, photographic lineups, and physical lineups; the accompanying resolution urges best practices to be included in policy (POSITION: SUPPORT).

Indigent Defense (HB 1245, HB1251, HB1252 & HB1253) – Passed Both Chambers; on Governor’s Desk
A bill relating to courts and legal defense for indigents, revises matters relative to funding, budgeting, and the organization of providing indigent defense (POSITION: WATCH).

Sex Offender Residency Restrictions (HB 908) – Passed House; Failed
A bill relating to the Sexual Offender Registration Review Board residency and employment restrictions for certain sexual offenders; to provide for restrictions on where sexual offenders and sexually dangerous predators may reside, work, volunteer, or loiter; to provide for punishment (POSITION: OPPOSE).

Sex Offender Photos (SB1) – Passed Both Chambers; On Governor’s Desk
A bill which prohibits a registered sex offender from taking pictures of a minor without parental consent; amended to reinstate registered sex offender residency restrictions (POSITION: WATCH).

Prescription Monitoring (HB455) – Passed House; Failed
A bill which allows for the creation of a central database of prescription information; including a person’s name, address and date of birth (POSITION: WATCH).

School Scholarships/Vouchers (SB458)- Passed Senate; Failed
A bill allowing for a school system or school loses or fails to attain accreditation, a student shall be entitled to attend another public school or receive a scholarship to attend a private school (POSITION: OPPOSE).

Voucher Scholarships (HB 1133) – Passed Both Chambers; On Governor’s Desk
This bill would give private citizens and corporations income tax credits for donating money to nonprofit scholarship organizations that would provide scholarships to parents who want to pull their children out of public schools and send them to private ones (POSITION: WATCH).

No Knock Warrants (SB259 & HB710) - Passed Senate; Failed
A bill relating to searches with warrants, changing provisions relating to issuance of search warrants by judicial officers; to provide that no-knock warrants shall not be issued in this state except under limited circumstances (POSITION: SUPPORT).

Voting Rights (HB1175) – Failed
A bill which provides that persons applying to register to vote shall provide proof of United States citizenship prior to the acceptance of their registrations; to provide for acceptable forms of proof of citizenship (POSITION: OPPOSE)

Election Moral Turpitude (HB1112) – Passed Both Chambers; On Governor’s Desk
A bill prohibiting someone with a conviction of moral turpitude in Georgia or any other state from serving as an elector (POSITION: WATCH).

Bullying (SB461) – Passed Senate; Failed
A bill relating to discipline of students in elementary and secondary education, so as to provide schools with certain guidelines regarding bullying; to require schools to submit to the Department of Education a policy regarding bullying (POSITION: SUPPORT).

Parent Protection Act (HB901) – Failed
A bill requiring private employers to provide 24 hours of leave annually for employees to attend school conferences and medical appointments (POSITION: SUPPORT).

Parental Controls (SB474) - Passed Both Chambers; On Governor’s Desk
A bill providing for parental controls over Internet access by children; to provide for the development and distribution of Internet online safety curricula and information; to provide for the monitoring of Internet use by registered sexual offenders; to provide for the registration of e-mail addresses and usernames of registered sexual offenders (POSITION - WATCH).

Social Networking (SB59) – Failed
A bill prohibiting the owner or operator of a social networking website to allow a minor to create or maintain a web page without the permission of the minor's parent or guardian and without providing such parent or guardian access to such profile web page; allowable only after age verification (POSITION: WATCH).

DNA Data Bank (SB430) - Passed Both Chambers; On Governor’s Desk
A bill requiring the collection of suspect DNA and placement into a data bank for law enforcement officials, Georgia Bureau of Investigation may include such information in a data base; does not allow for DNA removal if the suspect is cleared of charges (POSITION: OPPOSE).

English Only (SB335) – Failed
A bill designating English as the official language of Georgia, and prohibiting a state agency or political subdivision of this state from requiring an employee to speak or learn any language other than the official language of the state in order to be employed, maintain employment, or to be eligible for a promotion (POSITION – WATCH).

Drivers License (SB350)– Passed Both Chambers; On Governor’s Desk
A bill relating to driving while license suspended or revoked; to specify punishments and exceptions for driving without being license; including after four violations it becomes a felony; to provide for determination of nationality of person convicted of driving without being licensed (POSITION: OPPOSE).

Sanctuary (SB340)– Failed
A bill prohibiting counties, municipalities, and other governmental entities from establishing sanctuary policies where cooperation with federal immigration enforcement would not occur (POSITION: OPPOSE).

English Only (HR413)– Failed
A resolution amending the Georgia Constitution declaring English as the official language of the State of Georgia; providing that official state actions be in English; to prohibit any requirement that any language other than English be used in any documents, regulations, orders, transactions, proceedings, meetings, programs, or publications (POSITION: OPPOSE).

Civil Forfeiture (HB 978) – Passed Both Chambers; On Governor’s Desk
A bill allowing law enforcement officers to impound the vehicles of drivers who are not in the country legally who are involved in a traffic accident or stop (POSITION: OPPOSE).

Fingerprinting (HB 1119)– Failed
A bill requiring a person convicted of driving without a license to be fingerprinted for identification purposes (POSITION: WATCH).

Birthright Citizenship (HR127)– Failed
A resolution urging the United States Congress to amend the citizenship laws of the United States to provide that infants born in this country become citizens only if the mother is in the country legally (POSITION: OPPOSE).

Tags/Drivers License (SB25) – Failed
A bill requiring proof of citizenship to obtain a motor vehicle tag; requiring proof of citizenship before obtaining a driver's license (POSITION: OPPOSE).

Drivers License (HB971)– Failed
A bill providing that a driver's license issued by another state to an alien illegally present in the United States shall not be recognized as valid in the State of Georgia; if an illegal alien who displays a driver's license issued by another state to a law enforcement officer as authorization to drive a motor vehicle in this state shall commit a misdemeanor offense (POSITION: OPPOSE).

Wire Transfers (HB1028) – Failed
A bill providing for a fee on money received from a wire transmission; to provide for an income tax credit with respect to wire transmission fees; to use fees collected to fund trauma care (POSITION: WATCH).

Foreign Driver’s License – (SB488) – Passed Both Chambers, On Governor’s Desk
A bill allowing foreign nationals to keep their driver’s license from their home country and also have a valid international driver’s permit; to provide that verification of lawful presence in the United States is necessary to receive a temporary Georgia driver's license (POSITION – OPPOSE).

Georgia Protection Embryo Act (SR1006) Tentative Position: Support.

Micro Chips (HB940) - Failed
A bill prohibiting requiring a person to be implanted with a microchip in Georgia (POSITION: SUPPORT).

Trial Timings (HB1293) – Passed House; Failed
A bill extending the period of review for the Georgia Supreme Court's consideration of applications for pretrial proceedings in cases in which the death penalty is sought (POSITION: WATCH).

Speedy Trials (HB1052)- Failed
A bill to lengthen the time frame for cases in which a demand for speedy trial is filed in felony, misdemeanor, and capital cases (POSITION: WATCH).

Prevention of Online Child Predators Act (HB1287) - Failed
A bill which requires registered sex offenders to provide an appropriate official any Internet accounts with Internet access providers belonging to such offender; to require certain conditions of probation or conditional release for a registered sex offender’s Internet use (POSITION: WATCH).

Public Interest Lobbyists (HB854) - Failed
A bill requiring labor organizations to file annual financial reports with the Secretary of State; to provide for maintenance of substantiating records to amend conflicts of interest for public officers and employees, so as to prohibit state funds going to organizations which lobby the state (POSITION: WATCH).