Brian Kemp

ATLANTA — Several new Georgia laws took effect July 1, among them is a bill that bans some forms of gender affirming care for minors.

Doctors and physicians in Georgia will no longer be allowed to perform sex reassignment surgeries or other surgical procedures and hormone replacement therapies on anyone younger than 18 who identifies as transgender as of July 1.

The Georgia Composite Medical Board, however, is tasked with coming up with regulations for the continued treatment of minors who were already being treated with irreversible hormone replacement therapies.

While surgical interventions aren’t reversible, and hormone replacement therapies are partially reversible before a certain amount of time, the bill does not prohibit puberty blockers, which are reversible, and puberty can still proceed in children.

SB 140 permits civil and criminal action against physicians for damages, injuries or loss to any person that occurs while providing such services.

Gov. Brian Kemp said the bill ensures protection of “the health and wellbeing of Georgia’s children, while more than 500 medical professionals signed a letter against the bill indicating harm the bill could cause to the already marginalized group.

The American Academy of Pediatrics (AAP) and other health groups have released statements against bills targeting transgender youth, a group that already has statistically higher rates of depression and suicidal ideation. About half of transgender youth consider suicide, and a third attempt it, according to AAP.

Republican-appointed prosecutor oversight commission launches

A new commission tasked with overseeing and disciplining prosecutors around the state was expected to be appointed by July 1.

SB 92 creates the Prosecuting Attorneys Qualification Commission made up of two panels: an investigative panel of five attorneys and a hearing panel of three attorneys. The governor, lieutenant governor, speaker of the House, and the Senate Committee on Assignments — all Republican-led — will have appointing authority for members of the commission.

The Commission will have the power to investigate, discipline or remove elected district attorneys or solicitors-general in instances where they are consistently not fulfilling their duties.

After Kemp signed the bill May 5, a coalition of 20 criminal legal reform and voting rights advocates released a statement claiming the law is among a Republican-led “coordinated anti-democratic power grab and attempts to undo the will of voters.”

Opponents of the bill have argued that there are existing mechanisms that hold prosecutors accountable — the State Bar, the state attorney general, impeachment by the legislators and voters — and that the bill threatens prosecutors’ ability to use discretion when deciding if and when to prosecute a case. Some prosecutors have been vocal about forgoing the prioritization of certain nonviolent crimes such as marijuana possession.

Supporters of the new law said it is necessary to crack down on “soft on crime” prosecutors, and prosecutors who forgo prioritizing certain nonviolent crimes such as marijuana possession.

The rules and regulations put in place by the Commission shall be established no later than Oct. 1, 2023, according to the new law.

Vaping in public spaces

The use of vape products in public spaces could now be subject to enforcement under Georgia’s Smokefree Air Act of 2005 provisions.

SB 47 redefines smoking to include the use of an “electronic smoking device which creates an aerosol or vapor or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.”

The 2005 law already prohibits smoking in all enclosed public facilities, with some exceptions.

Facility owners or operators have the authority to designate an entire indoor or outdoor area as a non-smoking area.

The law was implemented to help reduce secondhand smoke for employees and patrons of an establishment.

Catalytic converter crackdown

A new law that aims to curtail a trend in catalytic converter thefts also went into effect July 1, criminalizing illegal possession, sale and purchase of the often pricey car part.

Senate Bill 60 makes it illegal to buy, possess, transport or sell used catalytic converters unless the person can show possession of the licenses, registrations, or other documentation related to the vehicle from which the part came from.

Relevant documentation could include such that shows the catalytic converter was replaced with another catalytic converter by a licensed dealer or repairer.

Under the new law, registered secondary metal recyclers can only purchase used catalytic converters from motor vehicle dealers, licensed repair shops, manufacturers or distributors, or persons with valid documentation proving ownership of the car part.

Secondary metal recyclers can’t pay cash for catalytic converters or coils and must keep detailed records of those who sale detached catalytic converters for submission to the GBI.

Anyone in violation of the law would be guilty of a misdemeanor for the first two offenses, and the third offense would be a felony. Recyclers could also be subject to having their license suspended or revoked, if found to be in violation of the new law.