Senate Bill 525
By: Senators Robertson of the 29th, Dixon of the 45th, Albers of the 56th, Harbin of the
16th, Hickman of the 4th and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 11 of Title 15 the Official Code of Georgia Annotated,
relating to general provisions relative to the juvenile code, so as to require the recording of
all proceedings under the juvenile code; to establish the right of parties to obtain a full and
complete record of proceedings under the juvenile code; to establish the right of the
Department of Human Services to obtain a full and complete record of proceedings under the
juvenile code in which it has been permitted to participate by the juvenile court; to provide
for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 11 of Title 15 the Official Code of Georgia Annotated, relating to
general provisions relative to the juvenile code, is amended by revising Code Section
15-11-17, relating to conduct of hearings generally and applicability of Title 24, as follows:
"15-11-17.
(a) All hearings under this chapter shall be conducted by the court without a jury. Any
hearing may be adjourned from time to time within the discretion of the court.
(b) Except as otherwise provided, all hearings shall be conducted in accordance with
Title 24.
(c) <ins>All proceedings under this chapter</ins> <del>Proceedings</del> shall be recorded by stenographic notes
or by electronic, mechanical, or other appropriate means capable of accurately capturing
a full and complete record of all words spoken during the proceedings.
(d) A juvenile court judge, an associate juvenile court judge, a judge pro tempore of the
juvenile court, or any person sitting as a juvenile court judge may conduct hearings in
connection with any proceeding under this chapter in any county within the judicial circuit.
When a superior court judge sits as a juvenile court judge, hearings in connection with any
proceeding under this chapter may be heard before such judge in any county within the
judicial circuit over which the judge presides."
SECTION 2.
Said article is further amended by revising Code Section 15-11-19, relating to rights of
parties to proceedings, as follows:
"15-11-19.
(a) A party has the right to be present, to be heard, to present evidence material to the
proceedings, to cross-examine witnesses, to examine pertinent court files and records, and
to appeal the orders of the court; provided, however, that the court shall retain the
discretion to exclude a child from any part or parts of any proceeding under Article 3 of
this chapter if the court determines that it is not in such child's best interests to be present.
An attorney for an excluded child shall not be excluded from the proceedings.
(b) A person afforded rights under this chapter shall be advised of such rights at that
person's first appearance before the court.
<ins>(c) An individual shall have the right to the full and complete record of any proceeding
under this chapter to which such individual is a party and shall not be required to obtain or
produce a court order to receive any such full and complete record.
</ins>
<ins>(d) The department shall have the right to the full and complete record of any proceeding
under this chapter in which the court has allowed its participation and such department
shall not be required to obtain or produce a court order to receive any such full and
complete record."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.