05 LC 29
1793-EC
House
Bill 664
By:
Representatives Golick of the
34th,
Roberts of the
154th,
and Smith of the
129th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 42 of the Official Code of Georgia Annotated, relating to penal
institutions, so as to provide for limitations relative to appearances before
the Board of Corrections or the Department of Corrections by members of the
General Assembly or state elected or appointed officials; to provide for
criminal penalties; to change certain provisions relating to appearances before
the Board of Pardons and Paroles by members of the General Assembly or state
elected or appointed officials; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
42 of the Official Code of Georgia Annotated, relating to penal institutions, is
amended by adding a new Code Section 42-2-15 to follow Code Section 42-2-14 to
read as follows:
"42-2-15.
(a)
It shall be unlawful for members of the General Assembly or any other state
elected or appointed official to appear before the board or department on behalf
of a person under the jurisdiction of the board or department or advocate for a
decision on behalf of such person. Nothing in this Code section shall be
construed so as to prohibit:
(1)
Members of the General Assembly or state elected or appointed officials from
appearing before the board or department when their official duties require them
to do so;
(2)
Members of the General Assembly or state elected or appointed officials from
requesting information from the board or department;
(3)
Members of the General Assembly or state elected or appointed officials from
forwarding correspondence or communications received from third parties to the
board or department, so long as the correspondence or communications are
forwarded in substantially the same form in which they were
received;
(4)
Members of the General Assembly who are attorneys representing probationers from
appearing before the board or department in connection with a probation
revocation hearing; or
(5)
The Attorney General, assistant attorney general, judge, district attorney,
assistant district attorney, solicitor-general, assistant solicitor-general, or
public defender while acting in his or her official capacity.
(b)
Any person who violates subsection (a) of this Code section shall be guilty of a
misdemeanor."
SECTION
2.
Said
title is further amended by striking Code Section 42-9-17, relating to
appearances before the Board of Pardons and Paroles by members of the General
Assembly or state elected or appointed officials, and inserting in lieu thereof
the following:
"42-9-17.
(a)
It shall be unlawful for members of the General Assembly or any other state
elected or appointed official to
accept any
compensation for appearing before
contact
the board
in behalf
of
with respect
to a person under the jurisdiction of the
board and
for seeking a decision on behalf of the
person. Nothing in this Code section shall
be construed so as to prohibit:
(1)
Members of the General Assembly or state elected or appointed officials from
appearing before the board when their official duties require them to do so;
or
(2)
Members of the General Assembly or state elected or appointed officials from
requesting information from
and
presenting information to the board
on behalf
of constituents when no compensation, gift, favor, or anything of value is
accepted, either directly or indirectly, for such
services;
(3)
Members of the General Assembly or state elected or appointed officials from
forwarding correspondence or communications received from third parties to the
board, so long as the correspondence or communications are forwarded in
substantially the same form in which they were received;
(4)
The Attorney General, assistant attorney general, judge, district attorney,
assistant district attorney, solicitor-general, assistant solicitor-general, or
public defender while acting in his or her official capacity; or
(5)
Members of the General Assembly who are attorneys representing clients from
appearing before the board.
(b)
Nothing in subsection (a) of this Code section shall be construed to apply to
the acceptance of compensation, expenses, and allowances received by members of
the General Assembly or any other state elected or appointed official for their
duties as such members or officials.
(c)(b)
Any person who violates subsection (a) of this Code section shall be guilty of a
misdemeanor."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.