This bill re-writes and modernizes Georgia's nearly 150 year old evidence code.  The new language largely tracks the Federal Rules of Evidence and applies to any motion, hearing or trial in Georgia's state courts on or after January 1, 2013.

The bill rewrites Title 24. It also modifies, in part, Titles 7-10, 14-17, 20, 22, 26, 28, 29, 31, 33-37, 40, 42-46, 48-50, 52, & 53.

Current law allows judges to issue a search warrant after conducting a hearing through a video conference. HB 196 requires that a video recording of any oral testimony given in the video conference be maintained. Language clarifies that loss of video recording shall not be a reason for dismissal of charges.

This bill creates the 2011 Special Council on Criminal Justice Reform for Georgians to study Georgia's criminal justice and correction system to enhance public safety, reduce victimization, hold offenders more accountable, enhance probation and parole supervision and better manage a growing prison population. The Council would create a report of its findings and recommend legislation no later than January 9, 2012. The Council's recommendations would then be considered by a Special Joint Committee on Georgia Criminal Justice Reform. The joint committee would cause legislation to be introduced incorporating the recommendations without significant changes.

Current law provides that either party in a juvenile court hearing conducted by an associate juvenile can request a rehearing within five days of the associate judge's order. HB 272 removes the option for a rehearing.  Counties will hire associate judges to relieve caseloads on juvenile court judges. This will allow for a more efficient processing of these cases and will save county resources.

This bill would require everyone arrested for a felony offense submit to a DNA test before being eligible for bail.  The approximate cost to the counties would be $5 per test.

Requires testing of all convicted felons in the custody of the Department of Corrections and the county jails.

This bill requires the Department of Corrections to accept electronically submitted sentencing packages on criminal defendants who have been sentenced to serve time in the state prison system. If the inmate is not picked up within 15 days of the Department receiving the sentencing package, then it would be responsible for paying a per diem to the county to help cover some of the costs to the property taxpayers of housing the state inmate in the county jail. This bill would reflect the current the per diem of $22.00 per day in the statute.

This bill defines "family violence order."

This bill shortens the time before an unclaimed cash bail bond is paid into the county general fund from seven years to one year.

This bill creates a statewide jury list for the use by all counties of the state. The Council of Superior Court Clerks will be responsible for providing an accurate and up to date list of qualified jurors to each county. The cost is not to exceed .03 cents per name provided.

This bill changes the procedure when a criminal defendant enters a plea that they are mentally incompetent to stand trial.

 

This bill would provide a privilege to communications between victims who receive services from certain family violence and rape crisis centers and the employees or volunteers who provide services.

HB 763 would not allow individuals who have been convicted of a felony to serve as a juror unless the person has had their civil rights restored.

HR 251 urges district attorneys to stop prosecuting cases seeking the death penalty.  The resolution asks them to invest their time and resources in solving homicides, providing effective public safety programs and focusing on violence prevention.

This bill was stripped of its current language and HB 299 and HB 402 were added.

Requires testing of all convicted felons in the custody of the Department of Corrections and the county jails, at the expense of the state.  Provides for procedures for a person to correct information contained in their criminal history and expunged.

SB 83 sets forth standards and parameters for the use of confidential informants by law enforcement.

This bill transfers duties regarding reimbursement to counties for certain habeas corpus cases previously held by the administrative services commissioner to the Council of Superior Court Judges.

This bill will create an add on to fines in State, Probate, Juvenile and Municipal courts in the amount of $5.00 per case to be paid to the county to fund awards for information leading to the apprehension of suspected felons.

This legislation prohibits offenders who were convicted to certain serious crimes from being granted first offender status. Requires additional review and documentation by the judge.  This bill was signed by the Governor on April 16, 2012.

HR 251 urges district attorneys to stop prosecuting cases seeking the death penalty.  The resolution asks them to invest their time and resources in solving homicides, providing effective public safety programs and focusing on violence prevention.