Rep. Eddie Lumsden has given the week 9 update from the Capitol. This week saw the important “Crossover Day” arrive and more than 70 pieces of legislation were passed in the House prior to Crossover Day. In these pieces include House Bill 479 which seeks to repalce Georias antiquated citizen’s arrest law. Another bipartisan measure this week that would address sexual abuse crimes against children in the state. House Bill 109, the “Child Victim Protection Act of 2021,” would extend the amount of time that survivors of childhood sexual abuse can file civil action from two years to four years if the abuse occurred after July 1, 2015 and has proven to have caused physical or psychological harm. You can read the full update below.
Legislative Update
Week Nine
Monday, March 8, 2021 marked Legislative Day 28, or “Crossover Day,” and the beginning of the ninth week of the 2021 legislative session. Crossover Day is a crucial deadline for the House and Senate as this is the last day for bills to pass out of the legislative chamber from which they originated in order to remain eligible to be signed into law this year. As a result, Crossover Day was one of the longest days of this session, and before the week was over, we
passed more than 70 pieces of legislation, including several measures to protect Georgians from heinous crimes.
House members from across the aisle came together this week to unanimously pass House Bill 479, which would replace Georgia’s antiquated citizen’s arrest law. HB 479 would clarify certain instances in which law enforcement officers may make arrests outside of their jurisdiction, as well as establish instances when certain private citizens may detain individuals. Law enforcement officers would only be able to make an arrest for an offense outside of their
jurisdiction if the offense is committed in an officer’s presence or within his or her immediate knowledge, when the officer is in immediate pursuit of an offender for an offense first committed within the officer’s jurisdiction or while assisting another officer in his or her jurisdiction. Additionally, HB 479 would authorize retail store and food service establishment owners and employees to detain someone if they reasonably believe that the individual committed or
attempted to commit shoplifting, theft or fraud. Further, state motor weight inspectors and licensed private detectives or security businesses may detain individuals when conducting their official business. However, the legislation clarifies that if these private citizens detain an individual, they must release the individual or contact law enforcement within a reasonable time. HB 479 would prohibit any use of force that is intended or likely to cause great bodily harm or death. This in no way changes Georgia’s Stand Your Ground Laws or Right to Self Defense.
House Bill 255, or the “Sexual Assault Reform Act of 2021,” also passed unanimously on Crossover Day, and this measure would layout several changes to improve the state’s handling of sexual assault cases. The bill would implement a statewide sexual assault kit tracking system to give survivors the ability to track and receive updates on the status of evidence from their case. HB 255 would also require sexual assault protocol committees to submit an annual certification to ensure statewide compliance, update our laws to reflect cases where the victim
does not want to immediately report the case, as well as require law enforcement to retain physical evidence for at least 12 months. Finally, the bill would direct each law enforcement agency in the state to submit information into the FBI’s Violent Criminal Apprehension Program, which is a national database that is responsible for the analysis of serial violent and sexual crimes across the country. The House has passed several bills in recent years to support
survivors of sexual assault, including legislation to end the backlog of sexual assault evidence kits, and the unanimous passage of this measure exemplifies our continued support for these survivors.
We passed another bipartisan measure this week that would address sexual abuse crimes against children in the state. House Bill 109, the “Child Victim Protection Act of 2021,” would extend the amount of time that survivors of childhood sexual abuse can file civil action from two years to four years if the abuse occurred after July 1, 2015 and has proven to have caused physical or psychological harm. Starting July 1, 2021, victims between 23 and 38 years old would also be able to bring a civil action for recovery of damages because of childhood sexual abuse that occurred under an entity’s supervision, such as a non-profit or religious organization. These civil actions could be brought against an entity if the entity was aware or should have been aware that such abuse occurred under its watch and failed to take remedial action against the alleged abuser. If civil action is filed against an entity, the victim must prove by clear and convincing evidence that the entity owed a duty of care to the victim and that the entity knew of
the abuse and allowed it to continue, knew that the employee or volunteer committed previous abuse against another individual and intentionally or fraudulently harbored, concealed or withheld information about the prior act which resulted in the victim’s trauma. This legislation would send a strong message that childhood sexual abuse will not be tolerated in the state of Georgia, hold organizations accountable for protecting children under their care and support
victims of childhood sexual abuse.
We also passed two measures this week that would extend protections to survivors of domestic violence in Georgia. First, we passed House Bill 231 to create a new temporary protective order (TPO) specifically for dating violence which is not currently covered by a TPO for family violence. These TPOs would cover felonies, simple battery, aggravated battery, aggravated assault and stalking between two people with whom have had a pregnancy together
or who are in a romantic dating relationship, but it would not require sexual involvement in order to be considered a dating relationship. Additionally, this bill would ensure that victims in abusive dating relationships have access to immediate relief and would allow judges to order the abuser to seek counseling or participate in educational programs. Within 10 days of a petition being filed, a hearing would be held where the petitioner must prove the allegations with an abundance of evidence, and the presiding judge would consider different factors shown to confirm the existence of a dating relationship. We also passed House Bill 236 to increase police monitoring after a TPO for family violence is issued. This bill would allow victims granted with a TPO to request periodic safety checks from local law enforcement officers, and these checks would include observations of the outside of the victim’s residence and an officer’s presence nearby the victim’s residence. These safety checks would last 60 days, and the frequency of the safety checks would be at the discretion of the local police agency. The victim could withdraw his or
her request before the 60-day period ends, or the local police agency could determine that the victim no longer appears to require the safety checks. Both of these measures would work hand- in-hand to help vulnerable Georgians feel safe and protected from their abusers.
The House also passed House Bill 290, the “Patient and Resident Representation and Visitation Act,” in an effort to protect visitation rights for authorized legal representatives of patients or residents in hospitals and long-term care facilities, which has been an issue for families throughout the pandemic. Hospitals and long-term care facilities would be prohibited from implementing policies that deny in-person physical contact with a designated legal representative for at least one hour per day during any hospitalization, treatment or residence that lasts longer than 12 hours. If a treatment lasts longer than 24 hours, residents could have in- person visitations with at least two legal representatives or essential caregivers for at least two consecutive hours each day. This bill would allow a temporary suspension of visitation for patients in operating rooms, transplant wards or those who require physical isolation for
immunocompromised conditions. However, HB 290 would allow hospitals and long-term care facilities to establish reasonable safety requirements that would also be posted on the facility’s website. Families and caregivers would be given direct contact information to submit complaints if these rights are infringed upon, and the governor’s ability to waive these provisions during a public health emergency, such as the COVID-19 pandemic, would be limited under this bill.
My colleagues and I supported legislation this week to ensure that new born babies receive the best care after they are born. House Bill 567 would authorize the Georgia Department of Public Health (DPH) to create a newborn screening system to help prevent serious illness, severe physical or developmental disabilities, as well as death caused by inherited metabolic and genetic disorders in newborns. Additionally, the bill would create the Newborn Screening and Genetics Advisory Committee to consider and make recommendations to the DPH commissioner
regarding the inclusion of screening for any disorder added to the federal recommended uniform screening panel within one year of an addition. Currently, Georgia screens babies for about 33 diseases, and these screenings help detect these diseases in approximately 400 babies each year. Early screening for these diseases helps prevent lifelong disabilities, and even death, and with HB 567, we could ensure that more newborns have access to these important and life-saving screenings.
After Crossover Day, House committees began considering legislation that was passed by the Senate. As we spend the remainder of the session meeting in our respective committees and on the House floor to consider Senate bills, I encourage you to contact me regarding bills that may be up for consideration during these final weeks of the session. You can reach me at my capitol office at 404-656-7850, or via email at Eddie.Lumsden@house.ga.gov.
As always, thank you for allowing me to serve as your representative.
Eddie Lumsden
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