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.

HB 41 reduces the fee paid to the superior court clerks for preparing trial records for appeal from $10.00 per page to $1.00 per page. This bill also provides that the judicial operations fund fee will not apply to the issuance of certificate of appointment or reappointment of notaries public.

The clerk of superior court is required to provide an exact copy of the record (not to include the transcript) in all capital criminal cases where there was a conviction at no cost to the Attorney General's Office.

For a summary of some of the major provisions of the Illegal Immigration and Reform Enforcement Act of 2011, click here.   

HB 100 creates a Georgia Tax Tribunal within the Office of State Administrative Hearings to hear only tax cases involving the Georgia Department of Revenue.

HB 114 provides that the fee for filing affidavits relating to the lien foreclosures on abandoned motor vehicles will be $10, as is provided in current statute, and no additional fees, such as the judicial operations fund, and other surcharges will be added.  Also adds a new section defining the contents of that can be retrieved from an impounded motor vehicle.

HB 129 prohibits any transfer of property or covenant from including a requirement that anyone pay a fee for any future transfers of the property.  There are several exemptions to this prohibition, including transfers of property because of judicial foreclosure, non-judicial foreclosure and conveyances by court order or operation of law. 

Under current law, a magistrate may only be removed from office for cause or for failure to complete required training. The removal is by the Judicial Qualifications Commission. HB 149 would allow the chief magistrate to petition the chief superior court judge to remove an appointed magistrate with or without cause. If the majority of superior court judges agree, then the chief magistrate can terminate an appointed magistrate.

Local law or the superior court judges determine how many magistrates are authorized for the county. The statute currently provides that the number may not be reduced to remove a magistrate from office in the middle of a term. HB 149 removes this requirement, which would allow a magistrate to be removed in mid-term if the number of magistrates authorized for the county is decreased pursuant to local legislation or decision of the superior court judges.

HB 162 clarifies that a person on the sexual offender registry may not take a picture of a minor without the parent's permission.

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.

Under current law, certain fees are collected by the superior court clerks in conjunction with recording certain property records that are given to the Georgia Superior Court Clerks' Cooperative Authority to help fund a state-wide uniform automated information system.  This funding mechanism is scheduled to terminate on July 1, 2014.  HB 198 eliminates this sunset. This bill was signed by the Governor on April 16, 2012.

HB 238 restructures the statewide public defender system by clarifying the roles and responsibilities of the Georgia Public Defender Standards Council (GPDSC) and the Director of the Agency. The legislation also reduces the size and responsibilities of the local supervision panels and has the local circuit public defender reporting to the Director of GPDSC. Reconstitutes the Council from a 15 member to a 9 member Council.  The Governor has five appointments, three of which must be county commissioners, the Lt. Governor and Speaker each have two appointments.

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 changes the way that an appeal of a quarantine or vaccine order issued during a public health state of emergency is made and heard.

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 shifts the cost of medical examinations to collect evidence from a victim of a sexual offense to be paid for from the Georgia Crime Victim's Emergency Fund, rather than county law enforcement.

HB 534 lowers the population threshold before which a probate judge must be an attorney from 96,000 to 90,000.

This bill makes it a crime to threaten or intimidate a public official for actions taken in his or her official capacity.  Violation is a felony and punished by a fine between $5,000 and $20,000 and/or ten years imprisonment.