Bill Text: GA HB493 | 2011-2012 | Regular Session | Introduced

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Bill Title: Family violence; include inflicting unjustified injury to household animal; provide

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-03-10 - House Second Readers [HB493 Detail]

Download: Georgia-2011-HB493-Introduced.html

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11 LC 14 0467

House Bill 493

By: Representative Marin of the 96th

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to provide that acts of family violence shall include inflicting, attempting to inflict, or threatening to inflict unjustified physical injury against a family or household animal; to redefine the term "family violence" and make such definition uniform in the several articles of said chapter; to make conforming amendments to other provisions of the Official Code of Georgia Annotated; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, is amended by revising Code Section 19-13-1, relating to the definition of "family violence," as follows:

"19-13-1.

As used in this article chapter, the term 'family violence' means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household:

(1) Any felony; or

(2) Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass; or

(3) Inflicting, attempting to inflict, or threatening to inflict unjustified physical injury against an animal owned or kept by one or more of such persons.

The term 'family violence' shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention."

SECTION 2.
Said chapter is further amended in Code Section 19-13-4, relating to protective orders and consent agreements, by revising subsection (a) as follows:

"(a) The court may, upon the filing of a verified petition, grant any protective order or approve any consent agreement to bring about a cessation of acts of family violence. The court shall not have the authority to issue or approve mutual protective orders concerning paragraph (1), (2), (5), (9), or (11) of this subsection, or any combination thereof, unless the respondent has filed a verified petition as a counter petition pursuant to Code Section 19-13-3 no later than three days, not including Saturdays, Sundays, and legal holidays, prior to the hearing and the provisions of Code Section 19-13-3 have been satisfied. The orders or agreements may:

(1) Direct the respondent to refrain from such acts;

(2) Grant to a party possession of the residence or household of the parties and exclude the other party from the residence or household;

(3) Require a party to provide suitable alternate housing for a spouse, former spouse, or parent and the parties' child or children;

(4) Award temporary custody of minor children and establish temporary visitation rights;

(5) Order the eviction of a party from the residence or household and order assistance to the victim in returning to it, or order assistance in retrieving personal property of the victim if the respondent's eviction has not been ordered;

(6) Order either party to make payments for the support of a minor child as required by law;

(7) Order either party to make payments for the support of a spouse as required by law;

(8) Provide for possession of personal property of the parties;

(9) Order the respondent to refrain from harassing or interfering with the victim;

(10) Grant to the petitioner the exclusive care, custody, or control of an animal and order the respondent to refrain from interfering with the animal;

(10)(11) Award costs and attorney's fees to either party; and

(11)(12) Order the respondent to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of family violence.

SECTION 3.

Said chapter is further amended in Code Section 19-13-10, relating to definitions applicable to family violence intervention programs, by revising paragraph (5) as follows:

"(5) Reserved. 'Family violence' means the commission of the offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, or criminal trespass between family or household members."

SECTION 4.

Said chapter is further amended in Code Section 19-13-20, relating to definitions applicable to family violence shelters and programs, by revising paragraph (3) as follows:

"(3) Reserved. 'Family violence' means the occurrence of one of the following acts between family or household members who reside together:

(A) Attempting to cause or causing bodily injury or serious bodily injury with or without a deadly weapon; or

(B) By physical menace, placing another in fear of imminent serious bodily injury."

SECTION 5.

Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to examples of unfair insurance practices, is amended by revising division (b)(15)(A)(ii) as follows:

"(ii) 'Family violence' means family violence as defined in Code Sections 19-13-1 and 19-13-20 and as limited by Code Section 19-13-1."

SECTION 6.

Code Section 42-8-35.6, relating to requiring family violence intervention programs by court order and as a condition of probation and parole, is revised as follows:

"42-8-35.6

(a) Notwithstanding any other terms or conditions of probation which may be imposed, a court sentencing a defendant to probation for an offense involving family violence as such term is defined in Code Section 19-13-10 19-13-1 shall require as a condition of probation that the defendant participate in a family violence intervention program certified pursuant to Article 1A of Chapter 13 of Title 19, unless the court determines and states on the record why participation in such a program is not appropriate.

(b) A court, in addition to imposing any penalty provided by law, when revoking a defendant's probation for an offense involving family violence as defined by Code Section 19-13-10 19-13-1, or when imposing a protective order against family violence, shall order the defendant to participate in a family violence intervention program certified pursuant to Article 1A of Chapter 13 of Title 19, unless the court determines and states on the record why participation in such program is not appropriate.

(c) The State Board of Pardons and Paroles, for a violation of parole for an offense involving family violence as defined by Code Section 19-13-10 19-13-1, shall require the conditional releasee to participate in a family violence intervention program certified pursuant to Article 1A of Chapter 13 of Title 19, unless the State Board of Pardons and Paroles determines why participation in such a program is not appropriate.

(d) Unless the defendant is indigent, the cost of the family violence intervention program as provided by this Code section shall be borne by the defendant. If the defendant is indigent, then the cost of the program shall be determined by a sliding scale based upon the defendant's ability to pay."

SECTION 7.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 8.

All laws and parts of laws in conflict with this Act are repealed.