American Civil Liberties Union of Georgia
2010 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.
Criminal Justice
House Bills
Allow
accusations instead of Indictment (HB 11)
Seeks to allow trial upon accusation in all cases except for certain felony
offenses. (Monitoring)
Habeas
Corpus Procedure (HB
214 )
Shorten the time frame for filing a writ in felony and death penalty cases;
Change certain provisions relating to grounds for writ and waiver of objection
to jury composition (Monitoring)
Pleas
Discussions (HB
392)
Provides for certain requirements prior to a defendant entering a plea of
guilty or nolo contendere and guidelines for plea discussions. (Monitoring)
Probationer
Duties
(HB 859)
Clarifies provisions relating to tolling of probated sentences when a probationer
fails to report to probation. (Monitoring)
Department
of Corrections & State Board of Pardons & Paroles (HB 1030)
Establishes a Community supervision division of the Department of Corrections
and changes provisions of the Statewide Probation Act. (Monitoring)
Johnia
Berry DNA Saves Act of 2010 (HB 1033)
Requires collection and analysis of DNA of any person arrested for a felony.
(Monitoring)
Senate Bills
Theft
crimes registry (SB
52)
Requires certain metal thieves to register prior to release from prison.
(Monitoring)
Anti-Crime
and Safe Streets Act of 2010 (SB
403)
Requires a waiver of 4th Amendment rights as a condition of probation, allowing
for the search of vehicle and residence without a warrant, probable cause,
or reasonable suspicion. (Oppose)
Death Penalty
House Bills
Death
Penalty Brian Nichols Bill (HB 32)
Allows for non-unanimous jury death penalty sentence when jury finds at least
one aggravating circumstance. (Monitoring)
Gender Rights/Reproductive Freedom
House Bills
Prenatal
Murder (HB 1)
Seeks to outlaw abortions under any circumstances. (Oppose)
Prenatal
Nondiscrimination Act (HB 1155)
Provides that the performance of an abortion based on the race, color, or
sex of an unborn child or on the race or color of a parent of that child constitutes
criminal abortion under certain circumstances. (Oppose)
Prenatnal non-discrimination
act Fact Sheet
House Resolutions
Paramount
Right to Live (HR 5)
Seeks to define life at the moment of fertilization. (Oppose)
Immigrants' Rights
House Bills
Proof-of-citizenship
for voter registration (HB 139)
Requires proof of citizenship for voter registration. (Oppose)
** Companion: SB86
Senate Bills
English
Only Driver's License Exam (SB 67)
Provides that driver's license exams will only be administered in English
(Oppose). Fact
Sheet
Increased
funding for Department of Homeland Security's Secure Communities Initiativeatives
(SB 385)
Provides that counties demonstrating a constant use of federal Department
of Homeland Security's Secure Communities initiative or have entered into
memorandums of agreement with the federal government under Section 287(g)
of the federal Immigration and Nationality Act shall receive additional funding
for housing state inmates (Oppose).
Privacy
House Bills
GCIC
to provide public access (HB 10)
Allow for access to individual's criminal record without the individual's
consent. (Monitoring)
Clarify
Pedestrians (HB 76)
Sseeks to clarify legal activities of pedestrians. (Monitoring)
Abandoned
Motor Vehicles (HB 174)
Allow for possessory liens on abandoned vehicles and their contents. (Monitoring)
Johnia
Berry DNA Saves Act of 2010 (HB 1033)
Requires collection and analysis of DNA of any person arrested for a felony.
(Monitoring)
Racial Justice
House Bills
Racial
Profiling (HB 110/HB
53)
Anti-racial profiling legislation providing for collection of data upon each
traffic stop. (Support)
Racial
Profiling (HB
1009)
Anti-racial profiling legislation requiring policies that prohibit
law enforcement officers from impermissibly using race in determining whether
to stop a motorist (Support) .
End Racial Profiling Fact Sheet
Hate
Crimes (HB 111)
Amends current hate crime legislation. (Support)
Senate Bills
Racial
Profiling (SB
325)
Anti-racial profiling legislation requiring policies that prohibit law enforcement
officers from impermissibly using race in determining whether to stop a motorist
(Support)
End Racial Profiling Fact Sheet
School Vouchers
Senate Bills
Primary/Secondary
School voucher Program (SB 90)
Seeks to grant public funding for parents to send their children to a different
school ased on the guise of choice. (Oppose)
School
Vouchers (SB
361)
Allows public school students who are foster children or whose parent/guardian
serves in the military to receive public vouchers to attend private schools.
(Oppose).
Voting Rights
House Bills
Proof
-of-citizenship for voter registration (HB 139)
Requires proof of citizenship for voter registration. (Oppose)
Voter
Proof of Identity (HB 209)
Seeks to include a student i.d. as valid identification at polls.
(Monitoring)
House Resolutions
Restoration
of Voting Rights (HR 76)
Provides for the restoration of voting rights for felons and requires enumeration
of felonies that involve moral turpitude. (Support)
Senate Bill
Restoration
of Voting Rights (SB
11)
Requires State Board of Pardons and Paroles to issue a certificate of restoration
of voting rights to each person convicted of a felony involving moral turpitude
within 30 days following the completion of such person's sentence.
(Support)
Absentee
Voting (SB348)
Expands opportunities for absentee voting. (Monitoring)
Voter
Registration (SB 406)
Provides for online voter registration. (Monitoring)
Youth/Student's Rights/Education
House Bills
Criminal
Street Gang Activity (HB 213)
Prohibits criminal street gang activity within a school safety zone. (Monitoring)
Anti-Bullying
(HB 927)
Expands the definition of "bullying"; to provide that a student
can be reassigned to another school for the purpose of separating such student
from his or her bullying victim; Directs the Department of Education to develop
a model policy regarding bullying; Provide for immediate notification of law
enforcement officials when a student commits an alleged physical assault or
battery on another student or on a teacher or other school employee.
(Monitoring)
Safe
School Climate Act (HB 940)
Redefines bullying and requires development of model policy on bullying.
(Monitoring)
House Resolutions
Safeguarding
Rights of Children against Abusive Military Recruitment Resolution
(HR
1219)
Urges the Georgia Department of Education and all school systems in Georgia
to safeguard the rights of children under the age of 17 from military recruitment
and to implement basic safeguards for the recruitment of 17-year-olds. (Support)
Protecting
Rights of Children- legislative fact sheet
Senate Resolutions
Safeguarding
Rights of Children against Abusive Military Recruitment Resolution (SR 955)
Urges the Georgia Department of Education and all school systems in Georgia
to safeguard the rights of children under the age of 17 from military recruitment
and to implement basic safeguards for the recruitment of 17-year-olds. (Support)
Protecting
Rights of Children- legislative fact sheet
Senate Bill
Zero
Tolerance Policy (SB 299)
Changes provisions relating to zero tolerance policy on weapons in schools
(Monitoring)
Mandatory
Education Age (SB 301)
Raises the age of mandatory education from 16 to 17. (Monitoring)
School
Vouchers (SB
361)
Allows public school students who are foster children or whose parent/guardian
serves in the military to receive public vouchers to attend private schools.
(Oppose).
Primary/Secondary
School voucher Program (SB 90)
Seeks to grant public funding for parents to send their children to a different
school ased on the guise of choice. (Oppose)
Safeguarding
Rights of Children against Abusive Military Recruitment Resolution (SR 955)
Urges the Georgia Department of Education and all school systems in Georgia
to safeguard the rights of children under the age of 17 from military recruitment
and to implement basic safeguards for the recruitment of 17-year-olds. (Support)
National Security
House Resolutions
Transfer
of Guantanamo Bay detainees (HR1400)
A RESOLUTION requesting the United States Congress not to transfer Guantanamo
Bay detainees to prisons within the State of Georgia or any facility within
the continental United States (Oppose).
Religious Liberty
House Bills
Religious
Viewpoints Antidiscrimination Act (HB 33)
States that local school systems-elementary and secondary- shall not discriminate
against a student based on religious viewpoint expressed; Requires schools
to created a limited public forum. (Monitoring)