Command College Annual Legal Issues
Update 2015!
Presented by:
J. Dale Mann
manndale53@yahoo.com
SB 94
Criminal Procedure
• SB 94 requires law enforcement agencies that conduct
live lineups, photo lineups, or showups, to adopt
written policies for using such procedures. These
policies must contain the following requirements: if
using a live lineup procedure, a person who does not
know the identity of the suspect must be the one to
conduct the procedure; or if using a photo lineup, the
person conducting the procedure must either not
know the identity of the suspect or use a procedure
that randomly places photographs in folders so that
the conductor cannot physically see which photograph
is being viewed by the witness until the procedure is
complete.
SB 94
Criminal Procedure
• In either case, the witness must be instructed that the
perpetrator of the alleged crime may or may not be present
in the lineup. There must be at least four individuals who are
not suspects ("fillers") in live lineups and at least five in
photo lineups. These fillers must generally resemble the
witness's description of the perpetrator. The witness who
makes the identification, whether at a live lineup, photo
lineup, or showup, must make and document a clear
statement in their own words about their confidence level in
the identification. These policies will be subject to public
disclosure. If an agency fails to comply with these
requirements, the judge may consider such failure, but is not
required to exclude identification evidence obtained.
SB 94
Criminal Procedure
17-20-2. (a) Not later than July 1, 2016, any law
enforcement agency that conducts live lineups,
photo lineups, or showups shall adopt written
policies for using such procedures for the purpose of
determining whether a witness identifies someone
as the perpetrator of an alleged crime.
SB 94
Criminal Procedure
(b) Live lineup, photo lineup, and showup policies shall include the
following:
(1) With respect to a live lineup, having an individual who does not
know the identity of the suspect conduct the live procedure;
(2) With respect to a photo lineup, having an individual:
(A) Who does not know the identity of the suspect conduct the
photo lineup; or
(B) Who knows the identity of the suspect use a procedure in which
photographs are placed in folders, randomly shuffled, and then
presented to the witness so that the individual conducting such
procedure cannot physically see which photograph is being
viewed by the witness until the procedure is complete;
(3) Providing the witness with instruction that the perpetrator of
the alleged crime may or may not be present in the live lineup or
photo lineup;
(4) Composing a live lineup or photo lineup so that the fillers
generally resemble the witness's description of the perpetrator of
the alleged crime;
SB 94
Criminal Procedure
• SB 94 also amends the law regarding search and
seizure. 1) Search Incident to Arrest - The bill first
revises the Code section regarding search incident
to a lawful arrest. Most of the changes in this
section are stylistic. For example, the bill allows an
officer to search the individual arrested, as well as
the area within the person's immediate presence,
for the purposes of…
SB 94
Criminal Procedure
• The bill also changes language regarding
exactly what an officer may seize in the
course of a search incident to arrest. Also,
the bill strikes language about what may be
seized in a search incident to arrest and
replaces it with the defined term
"contraband." The definition of contraband is
the same as the language that the term
replaced.
SB 94
Criminal Procedure
• Title 17 of the Official Code of Georgia Annotated,
relating to criminal procedures is amended by
revising paragraph (5) of subsection (a) and
subsection (b) of Code Section 50 17-5-21, relating
to grounds for issuance of search warrant and scope
of search warrant, as follows:
• "(5) Any item, substance, object, thing, or matter,
other than the private papers of any person, which is
tangible instruments, articles or things, any
information or data, and anything that is tangible or
intangible, corporeal or incorporeal, visible or
invisible evidence of the commission of the crime for
which probable cause is shown, other than the
private papers of any person."
SB 94
Criminal Procedure
"(b) When the peace officer is in the process of effecting a
lawful search, nothing in this Code section shall be construed
to preclude him such officer from discovering or seizing any
stolen or embezzled property, any item, substance, object,
thing, or matter, the possession of which is unlawful, or any
item, substance, object, thing, or matter, other than the private
papers of any person, which is tangible evidence of the
commission of a crime against the laws of this state, the United
States, or another state. Other personnel, sworn or unsworn,
acting under the direction of a peace officer executing a search
warrant may assist in the execution of such warrant. While in
the process of effecting a lawful arrest or lawful search,
nothing in this Code section nor in Code Section 16-11-62 shall
be construed to preclude the use of any device, as such term is
defined in Code Section 16-11-60, by the peace officer
executing the search warrant or other personnel assisting in
the execution of such warrant."
SB 94
Criminal Procedure
• 2) Issuance of Search Warrants - Under current law,
when seeking a search warrant, an officer is required
to establish by probable cause that a crime is being or
has been committed. This bill adds an option for an
officer to establish by probable cause that a crime "is
about to be committed." The bill expands which
judges are allowed to issue search warrants. Under
current law, the only judicial officers authorized to
issue search warrants are those "authorized to hold a
court of inquiry to examine into an arrest of an
offender against the penal laws" as well as retired,
senior, or emeritus judges if the active judge
authorizes such judges to issue warrants. This bill
allows "any judge of a court of this state" to issue
warrants.
SB 94
Criminal Procedure
• 3) What A Search Warrant May Be Issued For - A judicial
officer may issue a warrant for "stolen" property, but the bill
strikes the word "embezzled." Also, the bill allows a search
warrant to be issued for the seizure of any property that is
evidence of the commission of the crime. The bill removes
the exemption for private papers that are only tangible
evidence of the commission of the crime. A warrant may
also be issued for the search or seizure of an individual who
has been kidnapped "or unlawfully restrained." Finally, if an
individual has a warrant for his/her arrest and is located
within another person's property, a warrant may be issued
for the search of that other person's property. The changes
for what may be seized in a search incident to arrest are also
applied to the provisions regarding what may be seized
when effecting a valid search warrant.
SB 94
Criminal Procedure
• 4) Use of Certain Devices in Search Warrant Execution
- This bill allows other personnel acting on behalf of a
peace officer to assist in the execution of a warrant.
The bill also allows the use of a "device" when
executing a warrant. A device means an electronic
instrument used for overhearing sounds or for
observing images. This also includes instruments that
can be used to intercept a wire, oral, or electronic
communication. Certain instruments are excluded
from the definition of device, such as hearing aids or
"trap and trace" devices.
•
SB 94
Criminal Procedure
• 5) Records of Search Warrants and
Supporting Documents - This bill
prevents search warrants from being
subject to public inspection until
they are executed or returned as not
executed. This applies to the
documents supporting the warrant
as well.
SB 94
Criminal Procedure
• 6) Ex Parte petition for Sealing of Search Warrants and
Supporting Documentation - SB 94 allows a prosecuting
attorney to petition the court ex parte for a search warrant
and supporting documentation to be filed under seal with
the clerk. The prosecutor must show "reasonable cause" to
believe that disclosure of such materials may endanger the
life of an individual, cause an individual to flee from
prosecution, lead to destruction of evidence/ intimidation of
a witness, or otherwise jeopardize an investigation or delay a
trial. A judge may order such sealing for up to 60 days, and
the period of sealing cannot extend beyond the return of
indictment or filing of accusation where evidence seized may
be admitted. If an individual is not available, a copy of the
warrant must be left in a conspicuous place. If the warrant
has been ordered to be sealed, however, a copy may not be
left in a conspicuous place.
•
SB 94
Criminal Procedure
• 7) Written Return of Property Seized Current law allows a written return of
property seized to be made before any
judicial officer named in the search warrant
or before "any court of competent
jurisdiction." This bill requires such report to
be made before a judicial officer of the same
court as the judicial officer who issued the
search warrant.
SB 94
Criminal Procedure
• 8) Special Masters in Serving Search
Warrants - Current law requires an
attorney to serve as a special master and
accompany a peace officer when serving
a search warrant. This bill provides that
an attorney shall not be appointed if
there is a significant risk that his/her
own interests or duties to another client
will be affected by such appointment.
SB 94
Criminal Procedure
• 9) Prosecuting Attorney May Designate Individual
to Observe Search Warrant Execution - If
practicable, the peace officer serving the search
warrant should not participate in the search, but
should only accompany the special master who is
conducting the search. This bill allows the
prosecuting attorney to designate an attorney or
investigator to observe the execution of the search
warrant.
SB 94
Criminal Procedure - PART 2 Search and
Seizure of Wire and Electronic Communications
• 1) Subpoena, Court Order, or Warrant requiring Disclosure of
Wire/Electronic Communications - This bill first states that a peace officer,
prosecuting attorney, or attorney general may require wire/electronic
communications to be disclosed by subpoena, court order, or search
warrant as provided by the laws of the United States. A subpoena may be
issued if it is shown that the material relates to a pending criminal
investigation. A provided or electronic communication service must
provide the contents of and records pertaining to such communications
when there is a request made that complies with the laws of the United
States. If a search warrant requires the production of wire/electronic
communications, it shall have state-wide application or application as
provided by federal law when issued by a judicial officer with jurisdiction
over the crime under investigation. If allowed under federal law, judges
having jurisdiction over the crime being investigated may issue orders
requiring production of such communications. These orders shall have
state-wide application or application as provided by federal law. A person
violating this section may be subject to contempt.
SB 94
Criminal Procedure - PART 2 Search and
Seizure of Wire and Electronic Communications
• 2) Installation of Tracking Device by Issuance of Search Warrant - The bill
allows, by search warrant, the installation of a tracking device on a
physical object provided that the warrant identifies the object and
specifies a reasonable length of time, which cannot exceed 45 days, that
the device will be used. The instillation of the device must take place in
the county within the jurisdiction of the warrant-issuing judge. The device
can be monitored from any location in the state. The warrant must
mandate that the installation is completed within 10 days of the warrant's
issuance. The officer must also make a written return of such warrant to
the judicial officer named in the warrant or before any court of competent
jurisdiction to the judge named in the warrant. On the return, the officer
must enter the exact date and time the device was installed or monitoring
began if no installation was required. They must also list the dates and
times the devices were used. The warrant must be returned within 10 days
of the tracking ending. Also within 10 days of the termination of tracking,
the officer must serve the search warrant on the person or owner of the
physical object being tracked. A judge may order this service be delayed if
he finds certain circumstances exist, such as endangerment or flight of the
individual.
SB 94
Criminal Procedure - PART 2 Search and
Seizure of Wire and Electronic Communications
• 3) Pen Register and Trap and Trace Device - A district attorney or
attorney general is authorized to apply for an order authorizing
the use or extension of a Pen Register or Trap and Trace device.
The application must be to a judge of the superior court of the
district attorney's judicial circuit or any judicial circuit if the
applicant is an Attorney General. The judge may enter such order
if authorized by the law of the United States and the order shall
have state-wide application. An officer designated in writing by
the attorney general or district attorney may install and use a pen
register or trap and trace device before obtaining an order
authorizing such installation and use if: he/she determines there
are grounds upon which an order could be granted; within 48
hours of installation, an order approving the installation and use
is issued; or he/she reasonably determines that a situation exists
that involves danger of death or injury or conspiratorial activities
indicative of organized crime.
SB 94
Criminal Procedure - PART 2 Search and
Seizure of Wire and Electronic Communications
• 4) Inapplicable to Officers Ferreting Out or
Watching Suspected Criminals for the Purposes of
Apprehension - Except when using a device in a
way that would constitute a violation of the
eavesdropping statute (OCGA §16-11-62), the
provisions of this bill do not apply to officers
ferreting out offenders or suspects for the
purposes of apprehending those individuals.
SB 94
Criminal Procedure - PART 2 Search and
Seizure of Wire and Electronic Communications
• 5) Investigation Warrants - A judge of a superior court
having jurisdiction over prosecution of a crime under
investigation may issue an investigation warrant
permitting the use of a device for surveillance of an
individual or place to the extent such surveillance is
consistent with and subject to terms and procedure of
federal law. The warrant issued shall have state-wide
application. Any evidence obtained is only admissible
in courts that have misdemeanor AND felony
jurisdiction. An individual acting in good faith reliance
on a court order or legislative authorization will have a
complete defense to a criminal or civil action brought
under this or any other law.
SB 94
Criminal Procedure - PART 2 Search and
Seizure of Wire and Electronic Communications
• 6) Emergency Situations - Notwithstanding the
requirements of this bill, a district attorney or attorney
general may intercept wire/electronic communications
or record an individual's activities without a court
authorization if: they determine that there is an
emergency situation which requires such interception
or recording; and grounds exist upon which an
investigation warrant could be issued, and they apply
for such warrant within 48 hours of the surveillance or
monitoring begins. If such warrant is granted, the
execution must comply with this bill and must cease
after the emergency situation stops. If the warrant is
denied, the evidence obtained prior to it is
confidential and may not be used in court.
SB 94
Criminal Procedure - PART 2 Search and
Seizure of Wire and Electronic Communications
• (7) Consent to interception - Notwithstanding the
other provisions of this bill, wire/electronic
communication may be intercepted when the
party intercepting is party to the communication
OR when one of the parties consents to
interception.
SB 94
Criminal Procedure - PART 2 Search and
Seizure of Wire and Electronic Communications
• 8) Recording and Dissemination of a Minor's Communications Communication of a child under the age of 18 may be recorded
and divulged either by court order, parent, guardian, or legal
custodian. If sought by a court order, the judge shall only issue
such an order if he/she finds by probable cause that a crime has
been committed or he/she finds that the child understands that
the conversation is to be recorded and the child agrees to
participate. A parent or guardian may also record, monitor, or
intercept the communications of a child if the communication
takes place through a device within the family home. The parent
may disclose the contents of communication to the authorities if
he/she reasonably believes the conversation is evidence of
criminal conduct. Such disclosed evidence is admissible in a
judicial proceeding.
SB 94
Criminal Procedure - PART 2 Search and
Seizure of Wire and Electronic Communications
• 9) Remedies--Exclusionary and Criminalization Evidence obtained in a manner that violates this
bill is inadmissible. Privileged information is also
not admissible notwithstanding anything in this
bill. A violation of this bill constitutes a felony.
SB 94
Criminal Procedure
“…[Wiretapping and eavesdropping law is also
revised by being]further amended by revising
paragraph (2) of Code Section 16-11-62, relating to
eavesdropping, surveillance, or intercepting
communication which invades privacy of another, as
follows:
• [By adding section D] (D) For a law enforcement
officer or his or her agent to use a device in the
lawful performance of his or her official duties to
observe, photograph, videotape, or record the
activities of persons that occur in the presence of
such officer or his or her agent;"
HB 233 Georgia Uniform Forfeiture Procedure Act
• This legislation re-writes Georgia law regarding
how forfeitures and "drug" money are seized,
allocated and utilized. Under current law, property,
money and other things of value linked to certain
crimes (e.g., those related to drugs and organized
crime) may be seized and a forfeiture action may
be commenced by the district attorney. Depending
upon the amount of assets, the court may order
that the property be sold and distributed or the
district attorney may institute a nonjudicial
proceeding.
HB 233 Georgia Uniform Forfeiture Procedure Act
• According to this bill, the time that law enforcement
officers have to notify the district attorney's office is
increased from twenty to thirty days. A new provision
requires law enforcement to provide an inventory and
estimated value of the property or risk having the
property released to the owner or interest holder.
Within sixty days, any money seized must go to the
superior court clerk to be deposited in an interestbearing account in a financial institution with a branch
located in the county. The accrued interest will be
distributed with the principal.
HB 233 Georgia Uniform Forfeiture Procedure Act
• In the case of judicial forfeitures (i.e., through the superior
court), the proceeds of the sale of property are paid into the
registry of the court. Once the costs and expenses are paid,
the court will order the pro rata distribution of the
remaining funds to the law enforcement agencies and multijurisdictional task forces in accordance with the role that
each played in the seizure of the property. Current law limits
the amount that state law enforcement agencies can receive
to 25%. Under this bill, there is no cap on the amount that
state law enforcement agencies may receive. The district
attorney's office is still entitled to up to 10% of the forfeited
property but the county governing authority will no longer
be required to approve the district attorney's use of the
funds.
HB 233 Georgia Uniform Forfeiture Procedure Act
The sheriff's office or police department's pro rata share will be
paid directly to the law enforcement agency. A copy of the
distribution order will be provided to the board of
commissioners (or other county governing authority). The bill
continues the requirement that law enforcement agencies and
multi-jurisdictional task forces receiving forfeiture property
provide an annual report to the board of commissioners (or
other county governing authority) and district attorney that
lists the property received each fiscal year and explains how
the property was used when the sheriff's office, police
department or multijurisdictional task force makes its budget
request to the county. The report is required to be on a form
prepared by the Administrative Office of the Courts. If a
sheriff's office, police department or multijurisdictional task
force fails to provide the annual report or otherwise misuses
forfeiture property, they will be unable to receive any forfeiture
property for two years.
HB 233 Georgia Uniform Forfeiture Procedure Act
• The bill retains the provisions that forfeiture
money cannot be more than one-third of a law
enforcement agency's budget. Forfeiture funds in
excess of this amount may be used for indigent
defense, drug treatment, mental health treatment,
rehabilitation, prevention or education relating to
problems created by drug and substance abuse,
and victim-witness assistance programs.
HB 233 Georgia Uniform Forfeiture Procedure Act
• As with current law, county commissioners cannot
use forfeiture money to supplant law enforcement
budgets. Law enforcement agencies may only use
forfeiture money for "official law enforcement
purposes," such as law enforcement equipment,
training and investigative expenses. It may not be
used to pay law enforcement salaries or bonuses.
This bill also prohibits a sheriff from expending any
forfeiture funds if he is leaving office (not running
or lost election) except for expenses for his or her
office.
HB 263 Expansion of Criminal Justice Coordinating Council (CJCC) to
Include an Advisory Board on Juvenile Justice Issues and Planning and
Transfer of Licensing of Domestic Violence Shelters to CJCC
Effective July 1, 2015 - This legislation transfers certain
responsibilities for juvenile issues from the Department
of Human Services (DHS) to the Criminal Justice
Coordinating Council (CJCC). It also creates an advisory
board to the CJCC for juvenile justice issues, consisting of
33 members appointed by the Governor, that is
responsible for creating a three year plan and provide
annual reports of progress annually. This legislation was
amended to include the transfer of the licensing of
domestic violence shelters from DHS to CJCC. This bill
will have no fiscal impact on counties, but could create
mandates in the future.
HB 310 Consolidation of all Parole, Probation and
Misdemeanor Probation Supervision into the Department of
Community Supervision
Effective July 1, 2015 - This legislation creates the Board
of Community Supervision to oversee the newly created
Department of Community Supervision (DCS) and the
Governor's Office of Transition, Support, and Reentry. All
offender supervision activities will transfer from the
Board of Pardons and Parole and the Department of
Corrections to the new DCS. This legislation also
transfers the County and Municipal Probation Advisory
Council, the agency tasked with registration and
oversight of private misdemeanor probation providers
and governmental misdemeanor probation providers to
DCS.
HB 310 Consolidation of all Parole, Probation and
Misdemeanor Probation Supervision into the Department of
Community Supervision
The bill also includes requirements for increased
transparency and financial reporting by the
misdemeanor probation providers to the counties of
fine collections, which was an ACCG priority. A
county commissioner or manager is included as a
mandatory board member for the new department.
The board will adopt rules and regulations governing
the management and treatment of probationers and
parolees, and the operation of misdemeanor
probation supervision.
HB 310 Consolidation of all Parole, Probation and
Misdemeanor Probation Supervision into the Department of
Community Supervision
• Probation and parole offices will combine (some counties
currently provide space to these entities). These offices
collect fine revenue from probationers to be processed and
sent back to local governments. Misdemeanor probation
providers (county and private) will be required to submit an
annual report to the county commission that contains the
amount of fines and fees collected and the nature of such
fees, including probation supervision fees, rehabilitation
programming fees, electronic monitoring fees, drug and
alcohol detection device fees, substance abuse or mental
health evaluation or treatment fees, and drug testing fees;
the number of community service hours performed by
probationer under supervision; and, a listing of any other
service for which a probationer is required to pay to attend.
HB 328 Criminal Justice Reform Council Recommendations
Regarding Re-entry and Indigent Defense Services and
Provides Authority for Counties to Contract with Companies
to Collect Expired Fines
Effective July 1, 2015; Section 1 and May 5, 2015 This legislation changes to the parole eligibility. It
provides for employment assistance and public
assistance eligibility for prisoners released back into
the community. A committee substitute was adopted
that makes changes to the Public Defender Standards
Council, removing the word "standards" from the
name of the agency, as well as the statute. This bill
also proposes to remove the approval of the council
procedures under which indigent defense services are
provided.
HB 328 Criminal Justice Reform Council Recommendations
Regarding Re-entry and Indigent Defense Services and
Provides Authority for Counties to Contract with Companies
to Collect Expired Fines
The council remains the fiscal officers for all CPD
offices. This legislation was amended to include the
language from HB 377 which clarifies that local
governments may contract with a vendor to provide
collection of expired fines. As passed this legislation
will have no statewide fiscal impact to counties, but
for those who contract to collect expired fines, it
could generate revenue.
HB 361 Criminal Justice Reform Council Recommended
Changes to Juvenile Code
Effective May 5, 2015 - This legislation changes the
juvenile code to include recommendations made by the
Georgia Council on Criminal Justice. The juvenile code
rewrite inadvertently assigned all juvenile traffic cases to
juvenile court, which caused a major increase in
caseload. Juvenile courts do not have the administrative
capability to handle traffic cases. This legislation corrects
the statute to transfer jurisdiction for those traffic cases
back to other local courts that handle traffic offenses.
Additionally, this bill authorizes the district attorney to
file petitions and prosecute Child in Need of Services
(CHINS) cases in juvenile courts. This legislation enables
district attorney's to prosecute juvenile cases.
HB 461 Metal Theft Registry Requirements
Effective July 1, 2015 - This legislation addresses
catalytic converters and burial objects being sold to
secondary metal recyclers. This legislation will have
no fiscal impact on counties.
SB 8 Creation of Safe Harbor For Sexually Exploited
Children Fund and Rachel's Law
Effective July 1, 2015 and Effective January 1, 2017;
Section 3 - This legislation creates a $2,500 additional
penalty assessed against those found guilty of sex
crimes against children. This additional assessment is
collected and remitted to the state in the same
manner as other court fees and surcharges by the
clerk of the superior court. The penalty will be
remitted to the Safe Harbor for Sexually Exploited
Children Fund to provide rehabilitation and
treatment of sexually exploited children.
SB 8 Creation of Safe Harbor For Sexually Exploited
Children Fund and Rachel's Law
This bill also includes language from HB 244, which
requires all adult entertainment establishments to pay to
the Department of Revenue a state operation fee equal
to the greater of 1 percent of the previous year's gross
revenue or $5,000. This fee is in addition to any other
fees required by the county. The fees collected will be
remitted to the Safe Harbor for Sexually Exploited
Children Fund Commission. Additionally, the legislation
provides for forfeiture of property used directly or
indirectly for the purposes of prostitution and/or
pimping. This legislation will not require additional
administrative duties from the counties, but local law
enforcement can seize property used for the purposes of
prostitution or pimping.
SB 53 Authorization for Licensed Professional Counselors
to Sign Involuntary Commitment Orders for Mental Health
Patients
Effective March 10, 2015 - This legislation extends
the sunset provision for licensed professional
counselors (LPC) to sign involuntary commitment
papers for mental health patients (1013s). This
legislation also allows LPC's to withdraw involuntary
commitment orders. This legislation can potentially
save counties money by moving mentally ill inmates
out of jail and hospital emergencies rooms quicker
and eliminating the need for law enforcement to
spend hours waiting on physicians.
SB 62 Granting of Full Jurisdiction for Probate Courts over
Game and Fish Violations
Effective July 1, 2015 - This legislation changes
probate courts' jurisdiction over game and fish code
violations. Under current law, probate judges have
jurisdiction over violations of the game and fish code
except for a first violation of hunting deer at night
with the aid of a light and violation of any laws
considered to be a high and aggravated nature. This
legislation removes these exceptions. This legislation
may increase the caseload in probate court,
especially in the rural areas.
SB 72 Changes Provisions Regarding Incest, Harassing
Communications and Crimes against Police Dogs in
Performance of Official Duties
Effective July 1, 2015 - This legislation was amended
to include language from HB 534, which defines
relationships between relatives that constitute
incest, and HB 578, which changes making harassing
telephone calls a crime to make harassing,
threatening or harassing telephone calls or electronic
communications. The crime may be prosecuted
either in the county where the communication is
sent or received. This legislation will have no direct
fiscal impact on counties.
SB 134 Change in Reporting Requirements for Law
Enforcement Agencies Using Radar
Effective July 1, 2015 - This legislation requires law
enforcement agencies to include the fine revenue
received from speeding tickets over 20 miles per
hour above the speed limit when calculating total
speeding fine revenue for the department. Currently,
the total revenue from speeding fines under 17 miles
per hour cannot be more than 40 percent of the
overall budget. This legislation changes that ratio to
35 percent. This bill requires counties and
municipalities to include in a separate section, all
speeding fine revenue in the annual report
submitted to the Department of Community Affairs.
SB 135 Restricted Access to Clerk of Superior Court
Records
Effective May 6, 2015 - This legislation restricts
access to records of the superior court clerk. It
provides that only the clerk of superior court can
authorize release of records, thereby eliminating the
potential for records request to vendors serving the
clerk of court or the Clerk's Cooperative Authority.
This bill also provides that the clerk can contract with
any governmental agency, vendor, etc., to provide for
records storage. This legislation specifically states
that it shall have no impact or mandate on local
government budgets.
Command College Annual Legal Issues
Update 2015!
Presented by:
J. Dale Mann
manndale53@yahoo.com