SB525: SB525 Juvenile Code; recording of all proceedings under the juvenile code; require

26 LC 49 2650 Senate Bill 525 By: Senators Robertson of the 29th, Dixon of the 45th, Albers o f 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,1 relating to general provisions relative to the juvenile code, so as to require the recording of2 all proceedings under the juvenile code; to establish the right of parties to obtain a full and3 complete record of proceedings under the juvenile code; to esta blish the right of the4 Department of Human Services to obtain a full and complete record of proceedings under the5 juvenile code in which it has been permitted to participate by the juvenile court; to provide6 for related matters; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Article 1 of Chapter 11 of Title 15 the Official Code of Georgi a Annotated, relating to10 general provisions relative to the juvenile code, is amended by revising Code Section11 15-11-17, relating to conduct of hearings generally and applicability of Title 24, as follows:12 "15-11-17.13 (a) All hearings under this chapter shall be conducted by the court without a jury. Any14 hearing may be adjourned from time to time within the discretion of the court.15 S. B. 525 - 1 - 26 LC 49 2650 (b) Except as otherwise provided, all hearings shall be conduc ted in accordance with16 Title 24.17 (c) All proceedings under this chapter Proceedings shall be recorded by stenographic notes18 or by electronic, mechanical, or other appropriate means capable of accurately capturing19 a full and complete record of all words spoken during the proceedings.20 (d) A juvenile court judge, an associate juvenile court judge, a judge pro tempore of the21 juvenile court, or any person sitting as a juvenile court judge may conduct hearings in22 connection with any proceeding under this chapter in any county within the judicial circuit. 23 When a superior court judge sits as a juvenile court judge, hearings in connection with any24 proceeding under this chapter may be heard before such judge in any county within the25 judicial circuit over which the judge presides."26 SECTION 2.27 Said article is further amended by revising Code Section 15-11- 19, relating to rights of28 parties to proceedings, as follows:29 "15-11-19.30 (a) A party has the right to be present, to be heard, to prese nt evidence material to the31 proceedings, to cross-examine witnesses, to examine pertinent court files and records, and32 to appeal the orders of the court; provided, however, that the court shall retain the33 discretion to exclude a child from any part or parts of any pro ceeding under Article 3 of34 this chapter if the court determines that it is not in such child's best interests to be present. 35 An attorney for an excluded child shall not be excluded from the proceedings.36 (b) A person afforded rights under this chapter shall be advis ed of such rights at that37 person's first appearance before the court.38 (c) An individual shall have the right to the full and complete record of any proceeding39 under this chapter to which such individual is a party and shall not be required to obtain or40 produce a court order to receive any such full and complete record.41 S. B. 525 - 2 - 26 LC 49 2650 (d) The department shall have the right to the full and complete record of any proceeding42 under this chapter in which the court has allowed its participa tion and such department43 shall not be required to obtain or produce a court order to rec eive any such full and44 complete record."45 SECTION 3.46 All laws and parts of laws in conflict with this Act are repealed.47 S. B. 525 - 3 -