HB1283: HB1283 Family Justice Center Act; enact

26 HB 1283/AP House Bill 1283 (AS PASSED HOUSE AND SENATE) By: Representatives Panitch of the 51st, Gunter of the 8th, Hagan of the 156th, Holcomb of the 101st, and Roberts of the 52nd A BILL TO BE ENTITLED AN ACT To amend Chapter 13 of Title 19 and Title 17 of the Official Co de of Georgia Annotated,1 relating to family violence and criminal procedure, respectivel y, so as to authorize the2 creation of Family Justice Centers; to provide for procedures, conditions, and limitations3 relative to establishment and operation of such centers; to provide for the establishment of4 boards; to authorize powers and duties of law enforcement relat ive to such centers; to5 authorize acceptance of funds; to provide for reporting; to pro vide for confidentiality; to6 provide for immunity; to exempt certain records and data from public disclosure; to provide7 for construction of discovery rules in felony and misdemeanor cases for evidence obtained8 at such centers; to provide for definitions; to provide for a short title and legislative findings;9 to provide for related matters; to repeal conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence,13 is amended by adding a new article to read as follows:14 H. B. 1283 - 1 - 26 HB 1283/AP "ARTICLE 515 19-13-70.16 (a) This article shall be known and may be cited as the 'Family Justice Center Act.'17 (b) The General Assembly finds that victims of family violence , sexual assault, child18 abuse, elder abuse, and human trafficking often face fragmented and duplicative systems19 of support that can retraumatize survivors and impede access to justice.20 (c) It is the intent of the General Assembly to promote a coor dinated, multidisciplinary21 approach to serving victims of family violence by authorizing t he establishment and22 funding of Family Justice Centers that co-locate governmental a nd community based23 victim service providers, including law enforcement officers, i n a single, safe, and24 accessible location.25 (d) The General Assembly further intends to leverage both federal and state victim service26 funding streams, including but not limited to federal funds received under the Victims of27 Crime Act, 34 U.S.C. Section 20101, et seq.; the Violence Against Women Act, 34 U.S.C.28 Section 12491, et seq.; and the Family Violence Prevention and Services Act, 42 U.S.C.29 Section 136, et seq., to support the creation, expansion, and sustainability of Family Justice30 Centers in this state.31 19-13-71.32 As used in this article, the term:33 (1) 'Council' means the Criminal Justice Coordinating Council established under Code34 Section 35-6A-3.35 (2) 'District attorney' means the elected prosecuting attorney for a judicial circuit.36 (3) 'Family Justice Center' or 'center' means a co-located, multiagency service center that37 provides coordinated services to victims of family violence, sexual assault, child abuse,38 elder abuse, human trafficking, and associated crimes by public and private agencies.39 H. B. 1283 - 2 - 26 HB 1283/AP (4) 'Law enforcement unit' shall have the same meaning as set forth in Code40 Section 35-8-2.41 (5) 'Participating agency' means any public agency, law enforc ement unit, district42 attorney's office, nonprofit organization, or service provider that delivers victim, social,43 medical, or legal services within a Family Justice Center.44 (6) 'Peace officer' shall have the same meaning as set forth in Code Section 35-8-2.45 19-13-72.46 (a) Any county, municipality, or combination thereof, in partn ership with one or more47 nonprofit organizations, or any district attorney may establish a Family Justice Center48 consistent with the purposes of this article.49 (b) A Family Justice Center may be organized and operated:50 (1) Directly by a county or municipal government;51 (2) Directly by a district attorney's office;52 (3) By a nonprofit corporation formed under Title 14 and designated to operate the center53 by a county, municipality, or combination thereof; or54 (4) By a nonprofit corporation formed under Title 14 and certified as a victim services55 agency by the council for the purpose of serving one or more populations supported by56 the Family Justice Center.57 (c)(1) When a Family Justice Center is organized or operated by a county government,58 municipal government, or a district attorney's office pursuant to paragraph (1) or (2) of59 subsection (b) of this Code section, a board shall oversee the operations of the center. 60 Such board shall consist of not less than five members representing any of the following:61 (A) One member appointed by the county or municipal governing authority;62 (B) One member appointed by the head of the law enforcement unit with jurisdictional63 authority over the location of the Family Justice Center;64 H. B. 1283 - 3 - 26 HB 1283/AP (C) One member appointed by the district attorney representing the county in which65 the Family Justice Center is located;66 (D) One member appointed by the entity providing victim servic es at the Family67 Justice Center;68 (E) One member appointed by the entity providing social services at the Family Justice69 Center; and70 (F) Two members elected by a majority of nonprofit, community based organizations71 designated as participating agencies with the Family Justice Ce nter through a72 memorandum of understanding.73 (2) Board members for a Family Justice Center shall serve terms of two years from the74 effective date of their appointment and until their successors are appointed or elected.75 (3) Any vacancy to the board of a Family Justice Center shall be filled within 60 days76 in which the position on the board became vacant and shall be filled in the same manner77 as the appointment to the position on the board which became vacant; provided, however,78 that, if a vacancy occurs in a position filled by a representat ive from a nonprofit,79 community based organization, and there ceases to be any nonprofit organizations that80 are participating agencies in the Family Justice Center, the re maining members of the81 board shall elect an individual reasonably familiar with the ki nd of support services82 provided by the Family Justice Center to fill such vacancy. An appointment to fill a83 vacancy other than by expiration of a term of office shall be f or the balance of the84 unexpired term.85 (d) When a Family Justice Center is organized or operated by a nonprofit corporation86 pursuant to paragraph (3) of subsection (b) of this Code section, such nonprofit corporation87 shall:88 (1) File articles of incorporation and adopt bylaws in accorda nce with Chapter 3 of89 Title 14;90 H. B. 1283 - 4 - 26 HB 1283/AP (2) Maintain a board of directors that meets the requirements of Article 8 of Chapter 391 of Title 14 and which shall include representation from the cou nty or municipal92 governing authority that designated the nonprofit corporation to operate the center and93 from law enforcement, victim services, prosecution, social serv ices, and nonprofit94 community based organizations; and95 (3) Designate a lead agency or fiscal agent, which may be the district attorney's office96 or county or municipal government, for grant administration and oversight.97 (e) When a Family Justice Center is organized or operated by a nonprofit corporation98 pursuant to paragraph (4) of subsection (b) of this Code section, such nonprofit corporation99 shall maintain a board of directors that meets the requirements of Article 8 of Chapter 3 of100 Title 14.101 (f) Regardless of the organizational structure of a Family Justice Center, each center shall:102 (1) Operate under a written memorandum of understanding among participating103 agencies, including any law enforcement unit with jurisdictiona l authority over the104 location of the center;105 (2) Provide space for law enforcement personnel assigned to the center to perform duties106 in support of victim safety, investigation, and coordinated response;107 (3) Ensure confidentiality of victim information pursuant to state and federal law;108 (4) Provide services in a manner that is trauma-informed, cult urally competent, and109 accessible to all survivors; and110 (5) Create bylaws related to the minimum qualifications and ce rtifications of111 participating agencies and their personnel. While such bylaws may not discriminate112 against any individuals upon the sole basis of having a criminal record, certain specific113 offenses may be used to disqualify individuals from providing c ertain services at a114 Family Justice Center.115 H. B. 1283 - 5 - 26 HB 1283/AP 19-13-73.116 (a) A peace officer employed by a law enforcement unit that pa rticipates in a Family117 Justice Center and who is assigned, detailed, or funded by a grant to operate within such118 center is authorized, when acting in furtherance of the center' s mission, to respond to an119 emergency call for assistance or to provide safety response within the center's designated120 service area even if response to such would be located outside the peace officer's normal121 territorial jurisdiction. Such authority to respond shall be limited to exigent or emergency122 circumstances requiring immediate law enforcement intervention for the protection of life,123 prevention of serious bodily harm, or response to an active incident.124 (b) Any peace officer acting pursuant to this Code section shall have the same immunities,125 powers, and duties as when acting within his or her ordinary jurisdiction, provided that the126 officer shall promptly notify the law enforcement unit with jurisdictional authority over the127 center once the exigency has passed.128 (c) Nothing in this Code section shall be construed to alter existing mutual aid agreements129 or to restrict counties and municipalities from entering into intergovernmental agreements130 consistent with Article IX, Section III of the Georgia Constitution.131 19-13-74.132 (a) The council is authorized to administer gifts, donations, grants, enter into contracts, and133 distribute funds appropriated by the General Assembly or received from federal sources for134 the establishment and support of Family Justice Centers.135 (b) Nothing in this article shall preclude a Family Justice Ce nter from accepting funds136 from independent sources, including private donations, foundation grants, federal funding,137 local appropriations, or other lawful revenue streams. Any suc h independently funded138 center shall remain subject to the oversight, confidentiality, and reporting requirements of139 this article when established as a Family Justice Center under the laws of this state, unless140 it does not receive state funding.141 H. B. 1283 - 6 - 26 HB 1283/AP 19-13-75.142 (a) Each center shall submit performance reports as designated by the council that include,143 but are not limited to, the following:144 (1) Services provided;145 (2) Victims served;146 (3) Outcomes achieved; and147 (4) Financial expenditures.148 (b) The council shall compile and transmit an annual state-wide report on Family Justice149 Center performance to the Governor, Lieutenant Governor, and Speaker of the House of150 Representatives that summarizes the activities and impact of Family Justice Centers in this151 state.152 19-13-76.153 (a) No information shared by a victim within a Family Justice Center shall be disclosed154 without the informed, written consent of such victim, except as where required by law or155 court order.156 (b) Each partner and each participating agency shall comply with all applicable state and157 federal confidentiality requirements.158 (c) Nothing in this article shall be construed to exempt or re lieve any partner or159 participating agency, employee, or volunteer of a Family Justice Center from the duty to160 report known or suspected abuse or neglect as required by law. All personnel operating161 within or affiliated with a Family Justice Center shall comply with the reporting162 requirement laws of this state, including but not limited to Co de Section 19-7-5, Code163 Section 30-5-4, and any other applicable provisions of law.164 (d) When a report is contemplated by subsection (c) of this Co de section, the reporting165 party shall limit disclosure to information necessary to satisfy the reporting obligation and166 H. B. 1283 - 7 - 26 HB 1283/AP shall otherwise maintain the confidentiality of the victim and case information to the extent167 permitted by law.168 (e) The council may issue guidance and training standards to ensure consistent application169 of confidentiality and reporting requirements across all Family Justice Centers operating170 under this article.171 19-13-77.172 (a) Any county, municipality, or district attorney's office es tablishing or operating a173 Family Justice Center pursuant to this article shall be deemed to be carrying out a174 governmental function.175 (b) Any employee, contractor, or volunteer of a partner or participating agency providing176 services within a Family Justice Center operated under the auth ority of a county,177 municipality, or district attorney's office shall be entitled to the same degree of official or178 governmental immunity from civil liability as officers or emplo yees of the establishing179 authority for acts or omissions arising directly out of the performance of duties within the180 scope of Family Justice Center operations, provided that such acts are:181 (1) Performed in good faith;182 (2) Within the course and scope of assigned duties; and183 (3) Not the result of willful or wanton misconduct, gross negligence, or bad faith.184 (c) Nothing in this article shall be construed to waive, diminish, or impair the sovereign185 or official immunity of the state or its political subdivisions or to create a new cause of186 action against any governmental entity.187 (d) A county, municipality, or district attorney's office operating a Family Justice Center188 shall be authorized to procure insurance for itself and for partner or participating agency189 personnel acting within the scope of this article. The purchase of such insurance shall not190 be construed as a waiver of immunity.191 H. B. 1283 - 8 - 26 HB 1283/AP 19-13-78.192 (a) Records, documents, or information created, received, maintained, or possessed related193 to services provided by a partner or participating agency withi n a Family Justice Center194 shall not be considered public records for purposes of Article 4 of Chapter 18 of Title 50195 unless such agency would otherwise be subject to the provisions of that article independent196 of its participation in a Family Justice Center.197 (b) Any record created or maintained by a county, municipality, or district attorney's office198 operating a Family Justice Center shall remain subject to discl osure in accordance with199 Article 4 of Chapter 18 of Title 50. Nothing in this article shall be construed to expand or200 limit any existing exemption available under that article.201 (c) For any partner or participating agency that is not otherw ise subject to Article 4 of202 Chapter 18 of Title 50, the records, documents, or information such agency maintains as203 part of services rendered within a Family Justice Center shall remain confidential to the204 same extent as if such services were rendered outside of the center.205 (d) Where a record is jointly created or maintained by both a governmental entity and a206 nongovernmental partner, the record shall be subject to disclosure only to the extent that207 the governmental entity's ownership, custody, or control of the record is required pursuant208 to Article 4 of Chapter 18 of Title 50, and disclosure shall be limited to information that209 does not compromise victim confidentiality or violate federal or state privacy laws.210 (e) Nothing in this Code section shall be construed to:211 (1) Create any new exemption for records otherwise subject to disclosure under the laws212 of this state;213 (2) Prevent a partner from voluntarily releasing its own records consistent with law and214 victim consent; or215 (3) Limit the authority of the council to require data reporting or compliance information216 from Family Justice Centers."217 H. B. 1283 - 9 - 26 HB 1283/AP SECTION 2.218 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is219 amended in Code Section 17-5-71, relating to preservation of ev idence, by revising220 subsection (b) as follows:221 "(b) If the victim chooses not to report the alleged sexual assault to law enforcement at the222 time of evidence collection, the law enforcement agency with jurisdiction shall maintain223 any physical evidence collected as a result of such alleged sex ual assault that contains224 biological material, including, but not limited to, stains, fluids, or hair samples that relate225 to the identity of the perpetrator of the alleged sexual assault, for not less than 12 months226 10 years from the date any such physical evidence is collected."227 SECTION 3.228 Said title is further amended in Code Section 17-16-2, relating to applicability of article in229 felony cases, by adding a new subsection to read as follows:230 (d.1) For purposes of this article, any records, reports, note s, data, or other materials231 created, received, or maintained solely by a partner or participating agency within a Family232 Justice Center established pursuant to Article 5 of Chapter 13 of Title 19 shall not be233 deemed to be in the possession, custody, or control of the state or prosecution or any law234 enforcement agency as defined in Code Section 35-3-30 based only on the co-location of235 such partner or participating agency in a facility with a prose cuting attorney or law236 enforcement agency."237 SECTION 4.238 Said title is further amended by revising Code Section 17-16-20, relating to applicability of239 article in misdemeanor cases, as follows:240 "17-16-20.241 H. B. 1283 - 10 - 26 HB 1283/AP (a) The provisions of this article shall apply only to misdemeanor cases or to felony cases242 docketed, indicted, or in which an accusation was returned prior to January 1, 1995, if the243 prosecuting attorney and the defendant do not agree in writing that the provisions of Article244 1 of this chapter shall apply.245 (b) For purposes of this article, any records, reports, notes, data, or other materials created,246 received, or maintained solely by a partner or participating agency within a Family Justice247 Center established pursuant to Article 5 of Chapter 13 of Title 19 shall not be deemed to248 be in the possession, custody, or control of the state or prosecution or any law enforcement249 agency as defined in Code Section 35-3-30 based only on the co-location of such partner250 or participating agency in a facility with a prosecuting attorn ey or law enforcement251 agency."252 SECTION 5.253 All laws and parts of laws in conflict with this Act are repealed.254 H. 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