Georgia House Bill 911 was introduced by Representative Mandi Ballinger of District 23 from Canton, GA on February 4, 2014. The bill is intended amend Article 2 of Chapter 5 of Title 16 of the O.C.G.A. as it relates to assault and battery as it adds strangulation under aggravated assault. This bill will help close a loophole that assist in the lay that allows abusers to strangle a victims to the point of homicide but only receive a misdemeanor charge of simple battery or battery. HB-911 will amend Chapter 11 of Title 15 of the O.C.G.A. as it relates to juvenile proceedings. The juvenile statue are amend in dumdum because if they commit a crime that involves strangulation the code has to be up to date to recognize that fact so the correct punishment can be dispensed (Georgia General Assembly, 2014). Representative Ballinger assembled a strong respectable group of co-sponsors who helped her push HB-911s agenda and explain the contents in plain fashion. She had both Republicans and Democrats and Chairman of the sitting Judiciary Non-Civil committees on her bill.
Passage of HB-911 will allow Solicitor to now send "Strangulation"s or "Choking" cases to the Superior court or the District Attorney as a felony. This will create an environment in the courtroom that less hostile for the victim. According to the executive director of Georgia Commission on Family Violence, "Making strangulation assault a felony will saves lives in Georgia", he said at the bills signing (Jones, W, 2014). Victims were being victimized repeatedly and the abuser only got up to a year in jail.
Goals of the Legislation
HB-911 seeks to close the criminal justice loophole that the State of Georgia has in regard to strangulation as a serious a lethal crime. The goal also is to educate the public on the deadliness of being strangle. In one study it only takes 11 pounds of pressure for 10 seconds to render unconsciousness. To asphyxia for death three (3) times the pressure or 33lbs is required. The brain dead in 4 to 5 minutes if the strangulation continues (Gwinn & Strack, 2011).
Impact on Georgians
This bill could be an opportunity for Georgian to help with the epidemic of domestic violence. Strangulation has been going on but it has not been tracked in the State of Georgia or taken very seriously as a deadly weapon. Passage of HB-911 assures that the word will now get out to domestic violence advocates, victims, friends of victims and the general public that you do the time you will pay and do the time when it come to strangulation.
How will the legislation affect the issue?
The legislative affect is one of relief to the abused women who has already been strangled before and knows that the physical abuse is getting worse. Although, some victims do not know the lethality of strangulation it is important to educate them on how deadly it is to there health. I believe it will give immediate relief to those seeking help and not getting any because strangulation was not covered before under a felony statue.
What are the unintended consequences of HB-911?
The unintended consequences of HB-911 are the lack of any fiscal monies placed in the bill for training. The lack of proper training for all advocates but especially law-enforcement is beyond crucial. According to Gael Strack, a former prosecutor for 15 years in California and now the Executive Director of the National Family Justice Center Alliance, law enforcement must to be trained to know what to look for in a strangulation victim (Wilbanks, 2014). Bruising may not be apparent, the victim must be examined to look for clues if they say they were strangled. There must be an understanding that to some "Choking and Strangled" are the same thing so take their please serious.
There are no provision to address the training short fall. It will be up to each and every separate law enforcement department to train their to recognize a strangulation victim even one with no visible marks. Domestic violence advocacy groups can give free classes to all who want to volunteer to assist with DV victims and also to assist on call at shelters.
Passage of HB-911 will allow Solicitor to now send "Strangulation"s or "Choking" cases to the Superior court or the District Attorney as a felony. This will create an environment in the courtroom that less hostile for the victim. According to the executive director of Georgia Commission on Family Violence, "Making strangulation assault a felony will saves lives in Georgia", he said at the bills signing (Jones, W, 2014). Victims were being victimized repeatedly and the abuser only got up to a year in jail.
Goals of the Legislation
HB-911 seeks to close the criminal justice loophole that the State of Georgia has in regard to strangulation as a serious a lethal crime. The goal also is to educate the public on the deadliness of being strangle. In one study it only takes 11 pounds of pressure for 10 seconds to render unconsciousness. To asphyxia for death three (3) times the pressure or 33lbs is required. The brain dead in 4 to 5 minutes if the strangulation continues (Gwinn & Strack, 2011).
Impact on Georgians
This bill could be an opportunity for Georgian to help with the epidemic of domestic violence. Strangulation has been going on but it has not been tracked in the State of Georgia or taken very seriously as a deadly weapon. Passage of HB-911 assures that the word will now get out to domestic violence advocates, victims, friends of victims and the general public that you do the time you will pay and do the time when it come to strangulation.
How will the legislation affect the issue?
The legislative affect is one of relief to the abused women who has already been strangled before and knows that the physical abuse is getting worse. Although, some victims do not know the lethality of strangulation it is important to educate them on how deadly it is to there health. I believe it will give immediate relief to those seeking help and not getting any because strangulation was not covered before under a felony statue.
What are the unintended consequences of HB-911?
The unintended consequences of HB-911 are the lack of any fiscal monies placed in the bill for training. The lack of proper training for all advocates but especially law-enforcement is beyond crucial. According to Gael Strack, a former prosecutor for 15 years in California and now the Executive Director of the National Family Justice Center Alliance, law enforcement must to be trained to know what to look for in a strangulation victim (Wilbanks, 2014). Bruising may not be apparent, the victim must be examined to look for clues if they say they were strangled. There must be an understanding that to some "Choking and Strangled" are the same thing so take their please serious.
There are no provision to address the training short fall. It will be up to each and every separate law enforcement department to train their to recognize a strangulation victim even one with no visible marks. Domestic violence advocacy groups can give free classes to all who want to volunteer to assist with DV victims and also to assist on call at shelters.