Bill Text: GA SB52 | 2011-2012 | Regular Session | Comm Sub
Bill Title: Courts; require marshals to notify protected persons upon the service of certain protective orders
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2012-03-19 - House Committee Favorably Reported [SB52 Detail]
Download: Georgia-2011-SB52-Comm_Sub.html
12 LC 29
5259S
The
House Committee on Judiciary offers the following substitute to SB
52:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so
as to require marshals, constables, and sheriffs to notify protected persons
upon the service of certain protective orders; 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.
Title
15 of the Official Code of Georgia Annotated, relating to courts, is amended by
adding a new Code section to read as follows:
"15-10-104.1.
(a)
At the time a restraining order, protective order, injunction, or similar court
order relating to harassment, workplace violence, domestic violence, stalking,
or elder abuse is issued, the court shall notify the person requesting
protection of his or her option to be notified as provided in this Code section.
After such order is served by a marshal or constable, such marshal or constable
shall notify the protected person by electronic or telephonic means that the
order has been served on the restrained person; provided, however, that
notification shall only be required if the protected person has requested
notification and has provided a telephone number or e-mail address to the
marshal or constable for purposes of notification. The notification required by
this Code section shall be made within 24 hours following the service of the
order and shall include the date and time when the order was
served.
(b)
If the person requesting notification provides one method of notification, the
person serving the order shall make contact in that manner; provided, however,
that if the notification method is by telephone and voice mail is not available,
the person serving the order shall only be required to make two efforts to
provide such notification in order to satisfy the provisions of this Code
section.
(c)
If the person requesting notification provides two methods of notification, the
person serving the order shall determine the most expeditious notification
method with a preference in the following order of priority:
(1)
Speaking with the person requesting notification;
(2)
Leaving a voice mail message for the person requesting
notification;
(3)
E-mailing the person requesting notification; and
(4)
Making two efforts to telephone the person requesting
notification."
SECTION
2.
Said
title is further amended by revising Code Section 15-16-17, which is reserved,
as follows:
"15-16-17.
Reserved.
(a)
At the time a restraining order, protective order, injunction, or similar court
order relating to harassment, workplace violence, domestic violence, stalking,
or elder abuse is issued, the court shall notify the person requesting such
order of his or her option to be notified as provided in this Code section.
After such order is served by a sheriff or deputy sheriff, the sheriff shall
notify the protected person by electronic or telephonic means that the order has
been served on the restrained person; provided, however, that notification shall
only be required if the protected person has requested notification and has
provided a telephone number or e-mail address to the sheriff for purposes of
notification. The notification required by this Code section shall be made
within 24 hours following the service of the order and shall include the date
and time when the order was served.
(b)
If the person requesting notification provides one method of notification, the
person serving the order shall make contact in that manner; provided, however,
that if the notification method is by telephone and voice mail is not available,
the person serving the order shall only be required to make two efforts to
provide such notification in order to satisfy the provisions of this Code
section.
(c)
If the person requesting notification provides two methods of notification, the
person serving the order shall determine the most expeditious notification
method with a preference in the following order of priority:
(1)
Speaking with the person requesting notification;
(2)
Leaving a voice mail message for the person requesting
notification;
(3)
E-mailing the person requesting notification; and
(4)
Making two efforts to telephone the person requesting
notification."
SECTION
3.
This
Act shall become effective on July 1, 2012.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.
