Staff Analysis of the Legislation
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HB 507 seeks to amend Chapter 5 of
Title 49 of the O.C.G.A. relating to programs and protection for children.
Article 8 is repealed and the bill enacts a new article. It mandates that a division shall establish and maintain a registry which shall receive notice regarding convicted child abusers and which shall be known as the “Child Protective Services Information System.” Operations of the system are further specified.
Upon receipt of such sentence, the prosecuting attorney shall notify the division within the following 30 working days. Notice may be given electronically. The contents of such notice are delineated within the bill.
Upon receipt of this notice from the
attorney, the division shall include the information within the registry. Any
person whose name appears in the registry shall be entitled to a hearing for an
administrative determination of whether or not expungement should be ordered.
To do so, the person must file a written request for a hearing with the
division. Upon receipt of the request, the division must transmit the request
to the Office of State Administrative Hearings within 10 days of receipt. It
further delineates who has access to names of individuals within the registry
and how to obtain such information. Otherwise, the information within the
registry is confidential, although the district attorney may use such information
in any court proceeding in the course of any criminal prosecution for any
offense which constitutes or results from child abuse. If an individual
improperly shares information from the registry with a person not authorized to
receive such information, they will be guilty of a misdemeanor. Also, anyone
who knowingly or under false pretenses obtains or attempts to obtain such
information shall be guilty of a misdemeanor.
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