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Subcommittee advances bill to require stronger notice for warrant applications
Summary
The panel advanced HB 11 31 to require personal service or clear proof of good‑faith attempts before a warrant issues on a private application; marshals warned it could create operational strain without phased procedures and funding.
Vice Chairman Hong presented House Bill 11 31, which would require personal service of applications for warrants and notice of warrant hearings to ensure respondents know the date, time and location of proceedings. The sponsor said the change aims to reduce cases where warrants are issued after respondents fail to receive notice.
Lieutenant Klaus Buck testified that Fulton County Magistrate Court handles more than 1,300 private warrant applications annually and that requiring personal service for all such notices would impose a substantial, unfunded operational burden on marshals and local law‑enforcement agencies. He suggested a procedure that starts with mail or other less burdensome attempts and escalates to personal service, and recommended statutory language that allows a judge to find a good‑faith effort at personal service before a warrant may issue.
Zachary Perry, a public defender, offered amendment language to restore a long‑standing Georgia presentment remedy (previously in statute before a 2020 repeal) and to clarify the probable‑cause hearing procedures that would determine whether a warrant should be granted. The sponsor and chair said they would work with stakeholders and review suggested edits before the bill goes to full committee.
The subcommittee voted the bill "do pass" by voice vote and will schedule it for full committee consideration.
