The Sheriff Speaks: New Laws

Friday, July 30th, 2021

Each year on the first of July, new laws come into effect. Some of the new laws, or changes to old laws, took effect earlier but the majority took effect on July 1st. Part of the routine at the Dougherty County Sheriff’s Office each year is making sure we are familiar with any changes that affect us and our operation. We must ensure we are up to date on any changes to criminal and traffic laws and any laws related to criminal procedure. We rely heavily on agencies like the Georgia Sheriffs’ Association and the Prosecuting Attorney Council to keep us informed and provide us with the latest information. 

As we go through this process, it always occurs to me that there are some changes the general public may not be aware of. Here are a few:

HB 43, known as “Walker's Law,” became effective on July 1st and requires motor vehicle registration application forms to include optional information regarding the registrant’s physical, mental, or neurological condition that may impede communication. If the registrant provides such information, it would then be available to a law enforcement officer running a check on the vehicle tag. It is hoped that this will prevent officers from believing a person is being non-compliant when in fact they simply cannot communicate.

HB 236 actually became law on May 4th and allows greater protection for persons who receive a temporary protective order from the courts. Once the temporary protective order is issued, the petitioner can request safety checks from the local law enforcement agency. Such checks would continue for the duration of the protective order (up to 60 days) unless the petitioner requests that they be discontinued prior to that.

HB 479 also became law back in May and repealed the statute which allowed for a “citizen’s arrest”. Ordinary citizens can no longer make an arrest for felonies committed in their presence, however store and restaurant owners/managers can still detain persons suspected of shoplifting or committing theft of services.

SB 85 became law on July 1st and is known as the “Max Gruver Act”. This law expanded the definition of hazing to include using social or physical pressure to cause the student to consume any food, liquid, alcohol, drug, or other substance which subjects the student to a likely risk of vomiting, intoxication, or unconsciousness. Hopefully, this expanded definition of the crime of hazing will save lives.

SB 235 is a “better late than never” bill that became law on July 1st. It changed the law to allow people to wear masks in order to prevent the spread of COVID-19. The wearing of a mask to conceal one’s identity has long been a crime in Georgia with a few exceptions (like Halloween). Now you can mask up to help prevent the spread of COVID without running afoul of the law.

Although there were many other changes, these are the ones I found most interesting and useful to share. If you have any questions about these, or any other laws (changed or unchanged), please feel free to contact my office at 229-430-6508.