06
Senate
Bill 462
By:
Senators Carter of the 13th, Kemp of the 46th, Hamrick of the 30th, Mullis of
the 53rd and Miles of the
43rd
AS PASSED
AS PASSED
AN
ACT
To
amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia
Annotated, relating to general provisions for sheriffs, so as to place
courthouse security under the authority of the sheriff; to require a courthouse
security plan which shall be subject to the approval of the chief superior court
judge; to provide for access to the security plan to certain individuals; to
amend Title 36 of the Official Code of Georgia Annotated, relating to local
government, so as to remove courthouses and jails from the list of properties
protected; to provide that a budget for implementing security plans shall be
subject to approval by the governing authority; to amend Code Section 50-14-3 of
the Official Code of Georgia Annotated, relating to excluded proceedings, so as
to provide for executive session for governing authorities to review security
plans; 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.
Article
1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating
to general provisions for sheriffs, is amended in Code Section 15-16-10,
relating to duties of sheriffs and electronic storage, by striking "and" from
the end of paragraph (8), by striking the period and inserting in its place ";
and" at the end of paragraph (9), and by inserting a new paragraph (10) of
subsection (a) to read as follows:
"(10)
To develop and implement a comprehensive plan for the security of the county
courthouse and any courthouse annex. Prior to the implementation of any
security plan, the plan shall be submitted to the chief judge of the superior
court of the circuit wherein the courthouse or courthouse annex is located for
review. The chief judge shall have 30 days to review the original or any
subsequent security plan. The chief judge may make modifications to the
original or any subsequent security plan. The sheriff shall provide to the
county governing authority the estimated cost of any security plan and a
schedule for implementation 30 days prior to adoption of any security plan.
A comprehensive
plan
for courthouse security shall be considered a confidential matter of public
security. Review of a proposed security plan by the governing authority shall
be excluded from the requirements of Code Section 50-14-1 and any such review
shall take place as provided in Code Section 50-14-3. Such security plan shall
also be excluded from public disclosure pursuant to paragraph (15) of subsection
(a) of Code Section 50-18-72. The sheriff shall be the official custodian of
the comprehensive courthouse security plan and shall determine who has access to
such plan and any such access and review shall occur in the
sheriff́s
office or at a meeting of the county governing authority held as provided in
paragraph (9) of Code Section 50-14-3; provided, however, that the sheriff shall
make the original security plan available upon request for temporary, exclusive
review by any judge whose courtroom or chambers is located within the courthouse
or courthouse annex or by any commissioner of the county in which the courthouse
or courthouse annex is located. The sheriff shall be responsible to conduct a
formal review of the security plan not less than every four
years."
SECTION
2.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended by striking Code Section 36-9-8, relating to the protection of county
property by the sheriff, and inserting in its place a new Code Section 36-9-8 to
read as follows:
"36-9-8.
The
public grounds and other county property are placed in the keeping of the
sheriff of the county, subject to the order of the county governing authority;
and it is his or her duty to preserve them from injury or waste and to prevent
intrusions upon
them."
SECTION
3.
Said
title is further amended by adding a new Code section to the end of Article 1 of
Chapter 81, relating to local government budgets and audits, to read as
follows:
"36-81-11.
The
development and implementation of a security plan and all related technology
pursuant to paragraph (10) of subsection (a) of Code Section 15-16-10 shall be
subject to the annual budget approved for the office of the sheriff by the
governing
authority."
SECTION
4.
Code
Section 50-14-3 of the Official Code of Georgia Annotated, relating to excluded
proceedings, is amended by striking paragraph (9) and inserting in lieu thereof
the following:
"(9)
Meetings when discussing any records that are exempt from public inspection or
disclosure pursuant to paragraph (15) of subsection (a) of Code Section
50-18-72, when discussing any information a record of which would be exempt from
public inspection or disclosure under said paragraph, or when reviewing or
discussing any security plan under consideration pursuant to paragraph (10) of
subsection (a) of Code Section
15-16-10."
SECTION
5.
This
Act shall become effective on July 1, 2006.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.