HB1409: HB1409 Domestic relations; revise mandated reporting of child abuse

26 HB 1409/AP House Bill 1409 (AS PASSED HOUSE AND SENATE) By: Representatives Camp of the 135th, Persinger of the 119th, Dempsey of the 13th, Hatchett of the 155th, Rice of the 139th, and others A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 7 of Title 19 of the Official Cod e of Georgia Annotated,1 relating to provisions relative to parent and child relationshi p generally, so as to revise2 mandated reporting of child abuse; to provide for definitions; to provide for reporting3 requirements; to provide for the use of a secure web based reporting platform; to provide for4 related matters; to provide an effective date; to repeal conflicting laws to amend Title 28 of5 the Official Code of Georgia Annotated, relating to the General Assembly, so as to make6 portions of certain records of the General Assembly subject to public disclosure; to provide7 jurisdiction for enforcement; to provide for attorney’s fees and litigation expenses; to provide8 for good faith reliance as defense to action; to provide penalt ies for violations; to provide9 procedure for commencement of prosecution; to provide for appli cation; to provide for10 construction;; and for other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 Article 1 of Chapter 7 of Title 19 of the Official Code of Geor gia Annotated, relating to14 provisions relative to parent and child relationship generally, is amended by revising Code15 Section 19-7-5, relating to reporting of child abuse, when mandated or authorized, content16 H. B. 1409 - 1 - 26 HB 1409/AP of report, to whom made, immunity from liability, report based upon privileged17 communication, penalty for failure to report, and spiritual treatment for illnesses, as follows:18 "19-7-5.19 (a) The purpose of this Code section is to provide for the pro tection of children. It is20 intended that mandatory reporting will cause the protective ser vices of the state to be21 brought to bear on the situation in an effort to prevent abuses, to protect and enhance the22 welfare of children, and to preserve family life wherever possible. This Code section shall23 be liberally construed so as to carry out the purposes thereof.24 (b) As used in this Code section, the term:25 (1) 'Abandonment' means any conduct on the part of a parent, g uardian, or legal26 custodian showing an intent to forgo parental duties or relinquish parental claims. Intent27 to forgo parental duties or relinquish parental claims may be evidenced by:28 (A) Failure, for a period of at least six months, to communicate meaningfully with a29 child;30 (B) Failure, for a period of at least six months, to maintain regular visitation with a31 child;32 (C) Leaving a child with another person without provision for his or her support for a33 period of at least six months;34 (D) Failure, for a period of at least six months, to participate in any court ordered plan35 or program designed to reunite a child with his or her parent, guardian, or legal36 custodian;37 (E) Leaving a child without affording means of identifying suc h child or his or her38 parent, guardian, or legal custodian and:39 (i) The identity of such child's parent, guardian, or legal cu stodian cannot be40 ascertained despite diligent searching; and41 (ii) A parent, guardian, or legal custodian has not come forward to claim such child42 within three months following the finding of such child;43 H. B. 1409 - 2 - 26 HB 1409/AP (F) Being absent from the home of his or her child for a period of time that creates a44 substantial risk of serious harm to a child left in the home;45 (G) Failure to respond, for a period of at least six months, to notice of child protective46 proceedings; or47 (H) Any other conduct indicating an intent to forgo parental d uties or relinquish48 parental claims.49 (2) 'Abortion' shall have the same meaning as set forth in Code Section 15-11-681.50 (3) 'Abused' means subjected to child abuse.51 (4) 'Child' means any person under 18 years of age.52 (5) 'Child abuse' means:53 (A) Physical injury or death inflicted upon a child by a paren t, guardian, legal54 custodian, or other person responsible for the care of such child by other than accidental55 means; provided, however, that physical forms of discipline may be used as long as56 there is no physical injury to the child;57 (B) Neglect of a child by a parent, guardian, legal custodian, or other person58 responsible for the care of such child;59 (C) Emotional abuse of a child;60 (D) Sexual abuse or sexual exploitation of a child;61 (E) Prenatal abuse of a child by a parent;62 (F) An act or failure to act that presents an imminent risk of serious harm to the child's63 physical, mental, or emotional health; or64 (G) Trafficking a child for labor servitude.65 (6) 'Child service organization personnel' means persons employed by or volunteering66 at a business or an organization, whether public, private, for profit, not for profit, or67 voluntary, that provides care, t reatment, education, training, supervision, coaching,68 counseling, recreational programs, or shelter to children.69 H. B. 1409 - 3 - 26 HB 1409/AP (7) 'Clergy' means ministers, priests, rabbis, imams, or similar functionaries, by whatever70 name called, of a bona fide religious organization.71 (8) 'Emotional abuse' means acts or omissions by a parent, guardian, legal custodian, or72 other person responsible for the care of a child that cause any mental injury to such child's73 intellectual or psychological capacity as evidenced by an obser vable and significant74 impairment in such child's ability to function within a child's normal range of75 performance and behavior or that create a substantial risk of impairment.76 (9) 'Labor servitude' means work or service of economic or fin ancial value which is77 performed or provided by another individual and is induced or obtained by coercion or78 deception.79 (10) 'Legal custodian' means:80 (A) A person to whom legal custody of a child has been given by order of a court; or81 (B) A public or private agency or other private organization l icensed or otherwise82 authorized by law to receive and provide care for a child to which legal custody of such83 child has been given by order of a court.84 (11) 'Neglect' means:85 (A) The failure to provide proper parental care or control, su bsistence, education as86 required by law, or other care or control necessary for a child 's physical, mental, or87 emotional health or morals;88 (B) The failure to provide a child with adequate supervision necessary for such child's89 well-being; or90 (C) The abandonment of a child by his or her parent, guardian, or legal custodian.91 (12) 'Person responsible for the care of a child' means:92 (A) An adult member of a child's household;93 (B) A person exercising supervision over a child for any part of the 24 hour day; or94 (C) Any adult who, based on his or her relationship to the par ent, guardian, or legal95 custodian or a member of a child's household, has access to such child.96 H. B. 1409 - 4 - 26 HB 1409/AP (13) 'Pregnancy resource center' means an organization or facility that:97 (A) Provides pregnancy counseling or information as its primary purpose, either for a98 fee or as a free service;99 (B) Does not provide or refer for abortions;100 (C) Does not provide or refer for FDA approved contraceptive drugs or devices; and101 (D) Is not licensed or certified by the state or federal government to provide medical102 or health care services and is not otherwise bound to follow th e federal Health103 Insurance Portability and Accountability Act of 1996, P.L. 104-191, or other state or104 federal laws relating to patient confidentiality.105 (14) 'Prenatal abuse' means exposure to chronic or severe use of alcohol or the unlawful106 use of any controlled substance, as such term is defined in Code Section 16-13-21, which107 results in:108 (A) Symptoms of withdrawal in a newborn or the presence of a controlled substance109 or a metabolite thereof in a newborn's body, blood, urine, or meconium that is not the110 result of medical treatment; or111 (B) Medically diagnosed and harmful effects in a newborn's phy sical appearance or112 functioning.113 (15) 'Reproductive health care facility' means any office, cli nic, or any other physical114 location that provides abortions, abortion counseling, abortion referrals, or gynecological115 care and services.116 (16) 'Secure web based platform' means a type of software that allows for the secure117 creation and transmission of reports required by this Code section.118 (16)(17) 'School' means any public or private pre-kindergarten, elemen tary school,119 secondary school, technical school, vocational school, college, university, or institution120 of postsecondary education.121 H. B. 1409 - 5 - 26 HB 1409/AP (17)(18) 'Sexual abuse' means a person's employing, using, persuading, inducing,122 enticing, or coercing any minor who is not such person's spouse to engage in any act123 which involves:124 (A) Sexual intercourse, including genital-genital, oral-genita l, anal-genital, or125 oral-anal, whether between persons of the same or opposite sex;126 (B) Bestiality;127 (C) Masturbation;128 (D) Lewd exhibition of the genitals or pubic area of any person;129 (E) Flagellation or torture by or upon a person who is nude;130 (F) Condition of being fettered, bound, or otherwise physically restrained on the part131 of a person who is nude;132 (G) Physical contact in an act of apparent sexual stimulation or gratification with any133 person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed134 or unclothed breasts;135 (H) Defecation or urination for the purpose of sexual stimulation;136 (I) Penetration of the vagina or rectum by any object except w hen done as part of a137 recognized medical procedure; or138 (J) Any act described by subsection (c) of Code Section 16-5-46.139 Sexual abuse shall include consensual sex acts when the sex acts are between minors if140 any individual is less than 14 years of age; provided, however, that it shall not include141 consensual sex acts when the sex acts are between a minor and an adult who is not more142 than four years older than the minor. This provision shall not be deemed or construed to143 repeal any law concerning the age or capacity to consent.144 (18)(19) 'Sexual exploitation' means conduct by any person who allows, permits,145 encourages, or requires a child to engage in:146 (A) Sexual servitude, as defined in Code Section 16-5-46; or147 H. B. 1409 - 6 - 26 HB 1409/AP (B) Sexually explicit conduct for the purpose of producing any visual or print medium148 depicting such conduct, as defined in Code Section 16-12-100.149 (c)(1) The following persons having reasonable cause to believ e that suspected child150 abuse has occurred shall report or cause reports of such abuse to be made as provided in151 this Code section:152 (A) Physicians licensed to practice medicine, physician assistants, interns, or residents;153 (B) Hospital or medical personnel;154 (C) Dentists;155 (D) Licensed psychologists and persons participating in internships to obtain licensing156 pursuant to Chapter 39 of Title 43;157 (E) Podiatrists;158 (F) Registered professional nurses or licensed practical nurse s licensed pursuant to159 Chapter 26 of Title 43 or nurse's aides;160 (G) Professional counselors, social workers, or marriage and family therapists licensed161 pursuant to Chapter 10A of Title 43;162 (H) School teachers;163 (I) School administrators;164 (J) School counselors, visiting teachers, school social workers, or school psychologists165 certified pursuant to Chapter 2 of Title 20;166 (K) Child welfare agency personnel, as such agency is defined in Code167 Section 49-5-12;168 (L) Child-counseling personnel;169 (M) Child service organization personnel;170 (N) Law enforcement personnel; or171 (O) Firefighters, as defined in Code Section 25-4-2, including career and volunteer172 firefighters certified or recognized by the Georgia Firefighter Standards and Training173 H. B. 1409 - 7 - 26 HB 1409/AP Council or its successor, who have reasonable cause to believe that suspected child174 abuse or neglect has occurred or is occurring while acting in their official capacity;175 (P) Animal service workers, including animal control officers as defined in Code176 Section 4-11-2, humane society employees, animal cruelty invest igators, and animal177 shelter personnel whose professional duties may bring them into contact with children178 or household conditions indicative of child abuse or neglect; or179 (O)(Q) Reproductive health care facility or pregnancy resource center personnel and180 volunteers.181 (2) If a person is required to report child abuse pursuant to this subsection because such182 person attends to a child pursuant to such person's duties as an employee of or volunteer183 at a hospital, school, social agency, or similar facility, such person shall notify the person184 in charge of such hospital, school, agency, or facility, or the designated delegate thereof,185 and the person so notified shall report or cause a report to be made in accordance with186 this Code section. An employee or volunteer who makes a report to the person187 designated pursuant to this paragraph shall be deemed to have fully complied with this188 subsection. Under no circumstances shall any person in charge of such hospital, school,189 agency, or facility, or the designated delegate thereof, to whom such notification has been190 made exercise any control, restraint, or modification or make a ny other change to the191 information provided by the reporter, although each of the aforementioned persons may192 be consulted prior to the making of a report and may provide any additional, relevant, and193 necessary information when making the report.194 (3) When a person identified in paragraph (1) of this subsection has reasonable cause to195 believe that child abuse has occurred involving a person who attends to a child pursuant196 to such person's duties as an employee of or volunteer at a hospital, school, social agency,197 or similar facility, the person who received such information s hall notify the person in198 charge of such hospital, school, agency, or facility, or the designated delegate thereof, and199 the person so notified shall report or cause a report to be mad e in accordance with this200 H. B. 1409 - 8 - 26 HB 1409/AP Code section. An employee or volunteer who makes a report to t he person designated201 pursuant to this paragraph shall be deemed to have fully complied with this subsection. 202 Under no circumstances shall any person in charge of such hospital, school, agency, or203 facility, or the designated delegate thereof, to whom such noti fication has been made204 exercise any control, restraint, or modification or make any ot her change to the205 information provided by the reporter, although each of the aforementioned persons may206 be consulted prior to the making of a report and may provide any additional, relevant, and207 necessary information when making the report.208 (d) Any other person, other than one specified in subsection (c) of this Code section, who209 has reasonable cause to believe that suspected child abuse has occurred may report or cause210 reports to be made as provided in this Code section.211 (e)(1) As used in the subsection, the term:212 (A) 'Active duty' means full-time duty status.213 (B) 'Armed forces of the United States' or 'military' means th e United States Army,214 United States Navy, United States Marine Corps, United States C oast Guard, United215 States Air Force, United States Space Force, United States Nati onal Guard, Georgia216 Army National Guard, or Georgia Air National Guard, or a reserve component thereof.217 (C) 'Family advocacy program' means, for the particular branch , the program218 established by the military for the prevention, education, prom pt reporting,219 investigation, intervention, or treatment of spouse or child abuse.220 (D) 'Military law enforcement' means, for the particular branc h, the police corps,221 division, branch, agency, or authority of the military responsible for law enforcement222 or force protection.223 (2) With respect to reporting Reports required by subsection (c) of this Code section, an224 oral report by telephone or other oral communication or a writt en report by electronic225 submission or facsimile shall:226 H. B. 1409 - 9 - 26 HB 1409/AP (A) Shall be made immediately, but in no case later than 24 hours from the time there227 is reasonable cause to believe that suspected child abuse has occurred.;228 (B) If the report is made by telephone or other oral communica tion, it shall be made229 to the Division of Family and Children Services of the Department of Human Services,230 a child welfare agency providing protective services, as designated by the Division of231 Family and Children Services of the Department of Human Services or, in the absence232 of such agency, to an appropriate police authority, military law enforcement, or district233 attorney. All telephonic or other oral reports shall be followed by a later written report234 submitted to the Division of Family and Children Services of the Department of Human235 Services as specified in subparagraph (C) of this paragraph;236 (C) All written reports When a report is being made by electronic submission or237 facsimile to the Division of Family and Children Services of the Department of Human238 Services, it shall be done shall be made in the manner specified by the division. Oral239 reports shall be followed by a later report in writing, if requ ested, to a child welfare240 agency providing protective services, as designated by the Divi sion of Family and241 Children Services of the Department of Human Services, or, in t he absence of such242 agency, to an appropriate police authority or district attorney . this subparagraph as243 follows:244 (i) The Division of Family and Children Services of the Depart ment of Human245 Services shall make its website and a model form for reports available for any person246 to complete and securely submit a report to the division;247 (ii) The Division of Family and Children Services of the Depar tment of Human248 Services shall allow persons specified in subsection (c) of this Code section to submit249 reports directly to the division through the division's website or to the division250 through a secure web based platform;251 (iii) Such report shall be provided to military law enforcement, if applicable., through252 a method or methods identified by military law enforcement; and253 H. B. 1409 - 10 - 26 HB 1409/AP (iv) If a report of child abuse is made to or received by the child welfare agency or254 if the report is independently discovered by the agency, and the agency has reasonable255 cause to believe such report is true or the report contains any allegation or evidence256 of child abuse, then the agency shall immediately notify the ap propriate police257 authority or district attorney and notify military law enforcement, if applicable.; and258 (D) Reports required by this Code section Such reports shall contain the names and259 addresses of the child and the child's parents or caretakers, if known, the child's age, the260 nature and extent of the child's injuries, including any evidence of previous injuries,.261 The reporting mechanism and model form created by the Division o f F a m i l y a n d262 Children Services of the Department of Human Services shall als o permit the person263 completing the report to provide and any other information that the reporting person264 believes might be helpful in establishing the cause of the injuries and the identity of the265 perpetrator. A secure web based platform may utilize prompts o r other methods to266 assist the person completing the report to provide information deemed relevant or267 important. Photographs of the child's injuries to be used as documentation in support268 of allegations by hospital employees or volunteers, physicians, law enforcement269 personnel, school officials, or employees or volunteers of legally mandated public or270 private child protective agencies may be taken without the perm ission of the child's271 parent or guardian. Such photographs shall be made available as soon as possible to the272 chief welfare agency providing protective services, the appropriate police authority, and273 military law enforcement.274 (3) A report made in accordance with this subsection shall be received by the receiving275 agency and thoroughly evaluated to determine child safety and whether an allegation of276 child abuse exists. A report will be screened in or screened out based only on the criteria277 set forth in law. The Division of Family and Children Services of the Department of278 Human Services shall not refuse to receive, log, or process a r eport submitted via the279 division website or a secure web based platform that satisfies subsection (k) of this Code280 H. B. 1409 - 11 - 26 HB 1409/AP section. Reports shall thereafter be screened in or screened out based solely on whether281 the child maltreatment allegations satisfy the definition of child abuse or neglect criteria282 and applicable law and policy without regard to the manner or method of submission.283 (3)(4) For each child who is the subject of child abuse allegations, the child welfare284 agency as provided for in paragraph (1) of this subsection shall make efforts as soon as285 practicable to determine whether a parent or guardian of such child is on active duty in286 the armed forces of the United States. If such agency determin es that a parent or287 guardian of such child is on active duty in the armed forces of the United States, such288 agency shall notify the applicable military installation's family advocacy program of the289 allegation of child abuse that relates to the parent or guardian of such child.290 (5) By January 1, 2027, the department shall review and update the applicable chapters291 of its Child Welfare Policy Manual that address and set forth c riteria and standards292 relevant to the intake, disposition, and investigation of reports of abuse or neglect. Any293 revisions to the Child Welfare Policy Manual based on this paragraph shall be consistent294 with the provisions of this Code section.295 (f) Any person or persons, partnership, firm, corporation, ass ociation, hospital, or other296 entity participating in the making of a report or causing a report to be made, and individuals297 who otherwise provide information or assistance, including, but not limited to, medical298 evaluations or consultations, in connection with a report made to a child welfare agency299 providing protective services, an appropriate police authority, or military law enforcement300 pursuant to this Code section or any other law or participating in any judicial proceeding301 or any other proceeding resulting therefrom shall in so doing be immune from any civil or302 criminal liability that might otherwise be incurred or imposed, provided that such303 participation pursuant to this Code section or any other law is made in good faith. Any304 person making a report, whether required by this Code section o r not, shall be immune305 from liability as provided in this subsection.306 H. B. 1409 - 12 - 26 HB 1409/AP (g) Suspected child abuse which is required to be reported by any person pursuant to this307 Code section shall be reported notwithstanding that the reasonable cause to believe such308 abuse has occurred or is occurring is based in whole or in part upon any communication309 to that person which is otherwise made privileged or confidenti al by law; provided,310 however, that a member of the clergy shall not be required to report child abuse reported311 solely within the context of confession or other similar communication required to be kept312 confidential under church doctrine or practice. When a clergy member receives313 information about child abuse from any other source, the clergy member shall comply with314 the reporting requirements of this Code section, even though the clergy member may have315 also received a report of child abuse from the confession of the perpetrator.316 (h) Any person or official required by subsection (c) of this Code section to report a317 suspected case of child abuse who knowingly and willfully fails to do so shall be guilty of318 a misdemeanor.319 (i) A report of child abuse or information relating thereto an d contained in such report,320 when provided to a law enforcement agency or district attorney pursuant to subsection (e)321 of this Code section or pursuant to Code Section 49-5-41, shall not be subject to public322 inspection under Article 4 of Chapter 18 of Title 50 even though such report or information323 is contained in or part of closed records compiled for law enfo rcement or prosecution324 purposes unless:325 (1) There is a criminal or civil court proceeding which has been initiated based in whole326 or in part upon the facts regarding abuse which are alleged in the child abuse reports and327 the person or entity seeking to inspect such records provides c lear and convincing328 evidence of such proceeding; or329 (2) The superior court in the county in which is located the office of the law enforcement330 agency or district attorney which compiled the records containi ng such reports, after331 application for inspection and a hearing on the issue, shall pe rmit inspection of such332 records by or release of information from such records to individuals or entities who are333 H. B. 1409 - 13 - 26 HB 1409/AP engaged in legitimate research for educational, scientific, or public purposes and who334 comply with the provisions of this paragraph. When those records are located in more335 than one county, the application may be made to the superior co urt of any one of such336 counties. A copy of any application authorized by this paragraph shall be served on the337 office of the law enforcement agency or district attorney which compiled the records338 containing such reports. In cases where the location of the re cords is unknown to the339 applicant, the application may be made to the Superior Court of Fulton County. The340 superior court to which an application is made shall not grant the application unless:341 (A) The application includes a description of the proposed research project, including342 a specific statement of the information required, the purpose f or which the project343 requires that information, and a methodology to assure the information is not arbitrarily344 sought;345 (B) The applicant carries the burden of showing the legitimacy of the research project;346 and347 (C) Names and addresses of individuals, other than officials, employees, or agents of348 agencies receiving or investigating a report of abuse which is the subject of a report,349 shall be deleted from any information released pursuant to this subsection unless the350 court determines that having the names and addresses open for review is essential to the351 research and the child, through his or her representative, gives permission to release the352 information.353 (j) The treatment of a child in good faith solely by spiritual means through prayer in354 accordance with the tenets and practices of a recognized church or religious denomination355 by a duly accredited practitioner thereof shall not in and of itself be considered child abuse.356 (k)(1) Agencies that employ mandated reporters may authorize its employees to create357 or transmit reports required by this Code section through a sec ure web based platform358 designated by the agency. An agency may only designate one secure web based platform359 H. B. 1409 - 14 - 26 HB 1409/AP for its employees to use to create or transmit the reports, and the agency may designate360 a secure web based platform if:361 (A) The secure web based platform functions in compliance with applicable federal362 law; and363 (B) The agency is satisfied that the secure web based platform complies with the364 Health Insurance Portability and Accountability Act, Federal Bureau of Investigation's365 Criminal Justice Information Services Security Policy, or Family Educational Rights366 and Privacy Act, as applicable;367 (C) The secure web based platform provider demonstrates to the agency that it has368 been deemed compliant with the relevant security standard by a federal, state, or local369 government agency or by a third party that has been approved by a federal, state, or370 local government agency for security and compliance attestation; or371 (D) The secure web based platform meets all technical standard s and specifications372 established by the Georgia Technology Authority.373 (2) A reporting agency that utilizes a secure web based platform shall notify the Division374 of Family and Children Services of the Department of Human Services not less than ten375 days before implementing the secure web based platform. The notice shall identify the376 name of the secure web based platform provider and any domain names utilized by the377 secure web based platform to submit reports.378 (l) Mandatory reporting training shall be required for users o f any secure web based379 platform used to submit reports under this Code section. Train ing requirements may be380 satisfied by a course provided either by the Division of Family and Children Services of381 the Department of Human Services or by an organization with demonstrated subject matter382 expertise in mandated reporting, including accredited continuing education providers, law383 enforcement training entities, school training entities, or child advocacy organizations. The384 Division of Family and Children Services of the Department of H uman Services may385 publish learning objectives, but shall not require platform spe cific training, exclusive386 H. B. 1409 - 15 - 26 HB 1409/AP delivery methods, or requirements that have the effect of excluding otherwise compliant387 platforms.388 (m) Nothing in this Code section shall require the department to take an action for which389 it has not received notice from an appropriate federal agency t hat such action would not390 comply with federal law."391 SECTION 2.392 Section 1 shall become effective on July 1, 2027.393 SECTION 3.394 Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is395 amended by adding a new Code section to read as follows:396 "28-1-18.397 (a) If any claim of an unlawful employment practice made against a member of the General398 Assembly, including, but not limited to, a claim of sexual harassment, discriminatory 399 harassment, discrimination, or retaliation, is resolved in whole or in part by a settlement400 agreement, a memorandum of agreement or understanding, or other similar document,401 however denominated, such agreement shall be subject to public disclosure with the402 identity of the claimant and any other party thereto redacted, except for the identity of403 the member. This subsection shall be applicable to any claims made on or after January404 1, 2019. The provisions of Code Section 28-4-3.1 shall not be construed to prohibit the405 disclosure of any such documents.406 (b) Any requests for public disclosure of such documents pursuant subsection (a) shall be407 made to the Office of the Speaker of the House of Representativ es if such request408 relates to a member of the House and shall be made to the Offic e of the Lieutenant409 Governor and the Office of the President Pro Tempore if such re quest relates to a410 H. B. 1409 - 16 - 26 HB 1409/AP member of the Senate. All documents responsive to a request shall be produced within411 three business days of receipt of a request. 412 (c) (1) The superior courts of this state shall have jurisdicti on in law and in equity to413 entertain actions against the Speaker of the House of Represent atives for documents414 related to members of the House and against the President of the Senate or the President415 Pro Tempore of the Senate for documents related to members of the Senate to enforce416 compliance with the provisions of subsections (a) and (b) of this Code section. Such417 actions may be brought by any person, firm, corporation, or other entity. In addition,418 the Attorney General shall have authority to bring such actions in his or her discretion419 as may be appropriate to enforce compliance with subsections (a) and (b) of this Code420 section and to seek either civil or criminal penalties or both.421 (2) In any action brought to enforce the provisions of subsecti ons (a) and (b) of this422 Code section in which the court determines that either party acted without substantial423 justification either in not complying with subsections (a) and (b) of this Code section424 or in instituting the litigation, the court shall, unless it finds that special circumstances425 exist, assess in favor of the complaining party reasonable atto rney's fees and other426 litigation costs reasonably incurred. Whether the position of the complaining party was427 substantially justified shall be determined on the basis of the record as a whole which428 is made in the proceeding for which fees and other expenses are sought. 429 (3) Any officer named in paragraph (1) of subsection (c) knowi ngly and willfully430 violating the provisions of subsections (a) and (b) of this Cod e section by failing or431 refusing to provide access to records subject to such subsectio ns, by knowingly and432 willingly failing or refusing to provide access to such records within three business433 days, or by knowingly and willingly frustrating or attempting to frustrate the access to434 records by intentionally making records difficult to obtain sha ll be guilty of a435 misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00436 for the first violation. Alternatively, a civil penalty may be imposed by the court in any437 H. B. 1409 - 17 - 26 HB 1409/AP civil action brought pursuant to this article against any such officer who negligently438 violates the terms of this article in an amount not to exceed $ 1,000.00 for the first439 violation. A civil penalty or criminal fine not to exceed $2,500.00 per violation may440 be imposed for each additional violation that the violator commits within a 12 month441 period from the date the first penalty or fine was imposed. It shall be a defense to any442 criminal action under this Code section that an officer has acted in good faith in his or443 her actions. In addition, persons, officers, or entities that destroy records for the444 purpose of preventing their disclosure under this article may be subject to prosecution445 under Code Section 45-11-1. 446 (4) A prosecution under this subsection may only be commenced by issuance of a447 citation in the same manner as an arrest warrant for a peace of ficer pursuant to Code448 Section 17-4-40; such citation shall be personally served upon the accused. The449 defendant shall not be arrested prior to the time of trial, exc ept that a defendant who450 fails to appear for arraignment or trial may thereafter be arre sted pursuant to a bench451 warrant and required to post a bond for his or her future appearance.452 (d) The General Assembly and its members, officers, staff, committees, commissions, and453 offices are not subject to the provisions of Code Sections 50-1 8-70 through 50-18-78 or454 Chapter 14 of Title 50 and nothing in this Code section shall be construed or applied to the455 contrary."456 (e) This Act shall become effective upon signature of the Governor except as for Section 1.457 SECTION 4.458 All laws and parts of laws in conflict with this Act are repealed.459 H. B. 1409 - 18 -