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SB 0163 - Judicial Emergency; suspension of statutory speedy trial requirements; provide

Tracking Level: Hot
Sponsor: Brian Strickland (R)
Last Action: 7/1/2021 - Effective Date
Senate Committee: Judiciary
House Committee: Judiciary
Assigned To:
01. Judicial CouncilNext Bill
02. Supreme CourtNext Bill
05. Superior CourtsNext Bill
06. State CourtsNext Bill
Court AdministrationNext Bill
Criminal Next Bill
Judicial Council/AOCNext Bill

Staff Analysis of the Legislation

SB 163 amends OCGA §§ 38-3-61; 38-3-62 to provide for tolling of statutory speedy trial requirements following a judicial emergency.

New subsection (b) in OCGA § 38-3-62 authorizes a chief judge of a superior court judicial circuit or a chief judge of a state court to grant relief by continuing the tolling of statutory speedy trial requirements in OCGA §§ 17-7-170; 17-7-171 following a judicial emergency if compliance with such requirements is impracticable, based on consideration of designated factors. An order granting relief must include certification by the judge that compliance with statutory speedy trial requirements is impracticable, and each certification shall include supporting statistical data and findings of fact to justify relief and a plan to resolve such cases as expeditiously as possible.

Each period of relief shall not exceed eight months and the Chief Justice of the Supreme Court may reinstate any statutory speedy trial requirement tolled under this subsection.

Nothing in this legislation shall relieve the State of its constitutional obligation to provide for a speedy trial. The authority granted by SB 163 sunsets on June 30, 2023, and no order granting relief from statutory speedy trial requirements shall be issued after that date.


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