06 LC
35 0147
House
Bill 1396
By:
Representatives Day of the
163rd
and Stephens of the
164th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 15-11-47 of the Official Code of Georgia Annotated, relating
to procedures on taking a child into custody and detention of a child alleged to
be unruly, so as to increase the time of detention for a child 14 years of age
or older who has violated curfew and acted unruly toward law enforcement
officers; to provide for the method of detention for such a child 16 years of
age or older; 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.
Code
Section 15-11-47 of the Official Code of Georgia Annotated, relating to
procedures on taking a child into custody and detention of a child alleged to be
unruly, is amended by striking subsection (e) and inserting a new subsection (e)
to read as follows:
"(e)
Treatment of unruly
child.
(1)
With respect to a child suspected of being unruly as defined in paragraph (12)
of Code Section 15-11-2 or a child who is in violation of a curfew, a person
taking such a child into custody shall not exercise custody over the child
except for a period of 12
hours;
provided, however, that any such child who is 14 years of age or older who is
unruly toward a law enforcement officer while in violation of curfew may be held
in custody up to 72 hours. A child taken
into custody may be detained in a holding facility for unruly children as
provided for in paragraph (2) of this subsection. If a parent or guardian has
not assumed custody of the child at the end of such period or if the child has
not been brought before the juvenile court or if an intake officer has not made
a detention decision, the child shall be released from custody. In no case shall
such a child in custody be detained in a jail.
(2)
Counties and municipalities are authorized to establish facilities where a child
who is suspected of being unruly or who is in violation of a curfew may be
informally detained until the parent or guardian assumes custody of the child.
Immediately after a child is brought into such a facility, every effort shall be
made to contact the parent or guardian of the child. A child shall not be
restrained in a cell or other such place apart from other children unless such
child engages in disruptive or unruly behavior while at the holding facility
or is 16 years
of age or
older."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.