Sexual Assault Reform
House Bill 255, or the “Sexual Assault Reform Act of 2021,” also passed unanimously on Crossover Day. This measure would layout several changes to improve the state’s handling of sexual assault cases in the following ways:
- Implementation of a statewide sexual assault kit tracking system to give survivors the ability to track and receive updates on the status of evidence from their case.
- Requires sexual assault protocol committees to submit an annual certification to ensure statewide compliance.
- Updates our laws to reflect cases where the victim does not want to immediately report the case
- Requires law enforcement to retain physical evidence for at least 12 months.
- Directs each law enforcement agency in the state to submit information into the FBI’s Violent Criminal Apprehension Program, which is a national database that is responsible for the analysis of serial violent and sexual crimes across the country.
We have made much progress in recent years where sexual assault laws are concerned and this legislation is another step that furthers these efforts.
Child Victim Protection
We continued our efforts to protect our most vulnerable population through the passage of House Bill 109, the “Child Victim Protection Act of 2021.” This bill would extend the amount of time that survivors of childhood sexual abuse can file civil action from two years to four years. Further, victims between 23 and 38 years old would be able to bring civil action for recovery of damages because of childhood sexual abuse that occurred under an entity’s supervision, such as a non-profit or religious organization. These civil actions could be brought against an entity under the following conditions:
- If the organization was aware that such abuse occurred and failed to act against the alleged abuser.
- If the victim can prove through evidence that the entity knew of the abuse and allowed, it to continue by intentionally or fraudulently harboring an employee or volunteer who committed previous abuse.
Domestic Violence Victim Protection
House Bill 231 would create a new temporary protective order (TPO) specifically for dating violence which is not currently covered by a TPO for family violence. These TPOs would cover the following: felonies; simple battery; aggravated battery; aggravated assault; stalking between two people who have had a pregnancy together or who are in a romantic dating relationship. Additionally, this bill would ensure that victims in abusive dating relationships have access to immediate relief by allowing judges to order the abuser participate in counseling or educational programs.
House Bill 236 would increase police monitoring after a TPO for family violence is issued. This bill would allow victims granted with a TPO to request periodic safety checks from local law enforcement officers. Safety checks would last 60 days, and the frequency of the safety checks would be at the discretion of the local police agency. The 60-day period can be cut short by request of the victim, or by the local police agency which could determine that the victim no longer appears to require the safety checks.These measures work hand-in-hand to ensure victims of domestic abuse feel protected from their abusers.
Patient Visitation Protection
House Bill 290, the “Patient and Resident Representation and Visitation Act,” also saw passage from our House chamber. This bill works to protect visitation rights for authorized legal representatives of patients or residents in hospitals and long-term care facilities. Hospitals and long-term care facilities would be prohibited from implementing policies that deny in-person physical contact with a designated legal representative for at least one hour per day during any hospitalization, treatment or residence that lasts longer than 12 hours. If a treatment lasts longer than 24 hours, residents could have in-person visitations with at least two legal representatives or essential caregivers for two consecutive hours each day. Temporary visitation suspension is allowed under certain circumstances. The bill does allow hospitals and long-term care facilities to establish reasonable safety requirements that would be posted on the facility’s website.
Newborn Protection
To ensure Georgia newborns have the best possible care, we passed House Bill 567. This bill would authorize the Georgia Department of Public Health (DPH) to create a newborn screening system to help prevent serious illness, severe physical or developmental disabilities, as well as death caused by inherited metabolic and genetic disorders in newborns. Additionally, this bill creates the Newborn Screening and Genetics Advisory Committee to make recommendations to DPH regarding the inclusion of screening for any disorder added to the federal recommended uniform screening panel. Early screening for diseases can help prevent lifelong disabilities, and even death.
