SB563: SB563 "Juvenile Second Chance Record Confidentiality Act"; enact

26 LC 48 1735 Senate Bill 563 By: Senators Mangham of the 55th, Wicks of the 34th, Kemp of the 38th and Jones II of the 22nd A BILL TO BE ENTITLED AN ACT To amend Article 9 of Chapter 11 of Title 15 of the Official Co de of Georgia Annotated,1 relating to access to hearing and records relative to the juvenile code, so as to provide for the2 automatic sealing of files and records in certain circumstances; to provide for exceptions; to3 provide a short title; to provide for related matters; to repeal conflicting laws; and for other4 purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 This Act shall be known and may be cited as the "Juvenile Secon d Chance Record8 Confidentiality Act."9 SECTION 2.10 Article 9 of Chapter 11 of Title 15 of the Official Code of Geo rgia Annotated, relating to11 access to hearing and records relative to juvenile code, is amended by revising Code Section12 15-11-701, relating to sealing of files and records, hearings, limitations on disclosure, and13 identity of victim, as follows:14 S. B. 563 - 1 - 26 LC 48 1735 "15-11-701.15 (a) Upon dismissal of a petition or complaint alleging delinquency or that a child is a child16 in need of services or completion of the process in a case hand led through informal17 adjustment, mediation, or other nonadjudicatory procedure, the court shall order the sealing18 of the files and records in the case.19 (b) On application Upon the completion of all court ordered sentencing requirements, or20 upon reaching 18 years of age, whichever is later, of a person who has been adjudicated for21 committing a delinquent act or as a child in need of services or on the court's own motion,22 and after a hearing , the court shall order the sealing of the files and records in t h e23 proceeding unless such person was adjudicated for a serious violent felony as defined in24 Code Section 17-10-6.1. if the court finds that:25 (1) Two years have elapsed since the final discharge of the person;26 (2) Since the final discharge of the person he or she has not been convicted of a felony27 or of a misdemeanor involving moral turpitude or adjudicated fo r committing a28 delinquent act or as a child in need of services and no proceeding seeking conviction or29 adjudication is pending against the person; and30 (3) The person has been rehabilitated.31 (c) On application of a person who has been adjudicated for a delinquent act or on the32 court's own motion, and after a hearing, the court shall order the sealing of the files and33 records in the proceeding, including those specified in Code Se ctions 15-11-702 and34 15-11-708, if the court finds that the child was adjudicated for a delinquent act for a sexual35 crime as defined in Code Section 16-3-6 and such crime resulted from the child being:36 (1) Trafficked for sexual servitude in violation of Code Section 16-5-46; or37 (2) A victim of sexual exploitation as defined in Code Section 49-5-40.38 (d) Reasonable notice of the hearing required by subsection (b ) and (c) of this Code39 section shall be given to:40 (1) The prosecuting attorney;41 S. B. 563 - 2 - 26 LC 48 1735 (2) DJJ, when appropriate;42 (3) The authority granting the discharge if the final discharge was from an institution or43 from parole; and44 (4) The law enforcement officers or department having custody of the files and records45 if the files and records specified in Code Sections 15-11-702 and 15-11-708 are included46 in the application or motion.47 (e)(c) Upon the entry of the order the proceeding shall be treated a s if it had never48 occurred. All index references shall be deleted and the person , the court, the law49 enforcement officers, and the departments shall properly reply that no record exists50 pertaining to the person upon inquiry in any matter. Copies of the order shall be sent to51 each agency or designated official and shall also be sent to th e deputy director of the52 Georgia Crime Information Center of the Georgia Bureau of Investigation. Inspection of53 the sealed files and records thereafter may be permitted by an order of the court upon54 petition by the person who is the subject of the records and otherwise only by those persons55 named in the order or to criminal justice officials upon petiti on to the court for official56 judicial enforcement or criminal justice purposes.57 (f)(d) The court may seal any record containing information identifying a victim of an act58 which, if done by an adult, would constitute a sexual offense under Chapter 6 of Title 16."59 SECTION 3.60 All laws and parts of laws in conflict with this Act are repealed.61 S. B. 563 - 3 -