Bill Text: GA HB11 | 2009-2010 | Regular Session | Introduced
Bill Title: Accusations; trial in all cases except serious violent felonies; allow
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2009-01-16 - House Second Readers [HB11 Detail]
Download: Georgia-2009-HB11-Introduced.html
09 LC 29
3562
House
Bill 11
By:
Representatives Levitas of the
82nd,
Wilkinson of the
52nd,
Jacobs of the
80th,
Lunsford of the
110th,
Cheokas of the
134th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia
Annotated, relating to accusations, so as to allow trial upon accusation in all
cases except for serious violent felonies or any felony offense requiring a
trial upon an indictment pursuant to express provisions of the laws or
constitutions of this state or of the United States; to provide for related
matters; to provide for an effective date and applicability; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating
to accusations, is amended by revising Code Section 17-7-70.1, relating to trial
upon accusation in certain felony and misdemeanor cases, as
follows:
"17-7-70.1.
(a)(1)
Except for a
serious violent felony, as defined in Code Section 17-10-6.1, or any felony
offense requiring a trial upon an indictment pursuant to express provisions of
the laws or constitutions of this state or of the United States,
in
In
felony cases
involving
violations of the following:
(A)
Code Sections 16-8-2, 16-8-14, 16-8-18, 16-9-1, 16-9-2, 16-9-20, 16-9-31,
16-9-33, 16-9-37, 16-10-52, and 40-5-58;
(B)
Article 1 of Chapter 8 of Title 16, relating to theft;
(C)
Chapter 9 of Title 16, relating to forgery and fraudulent
practices;
(D)
Article 3 of Chapter 10 of Title 16, relating to escape and other offenses
related to confinement; or
(E)
Code Section 16-11-131, relating to possession of a firearm by a convicted felon
or first offender probationer,
in
which defendants have either been bound over to the superior court based on a
finding of probable cause pursuant to a commitment hearing under Article 2 of
this chapter or have expressly or by operation of law waived a commitment
hearing, the district attorney shall have authority to prefer
accusations,;
and the defendants shall be tried on such accusations according to the same
rules of substantive and procedural laws relating to defendants who have been
indicted by a grand jury.
(2)
All laws relating to rights and responsibilities attendant to indicted cases
shall be applicable to cases brought by accusations signed by the district
attorney.
(3)
The accusation need not be supported by an affidavit except in those cases in
which the defendant has not been previously arrested in conjunction with the
transaction charged in the accusation.
(a.1)
The provisions of subsection (a) of this Code section shall apply to violations
of Code Section 16-13-30 whenever there has been a finding of probable cause
pursuant to a commitment hearing under Article 2 of this chapter or the accused
has waived either expressly or by operation of law the right to this
hearing.
(b)
Judges of the superior court may open their courts at any time without the
presence of either a grand jury or a trial jury to receive and act upon pleas of
guilty or nolo contendere in felony and misdemeanor cases. The judge of the
superior court may try the issues in such cases without a jury upon an
indictment or upon an accusation filed by the
district
prosecuting
attorney where the defendant has waived trial by jury.
(c)
An accusation substantially complying with the form provided in subsections (d)
and (e) of Code Section 17-7-71 shall in all cases be sufficient.
(d)
The district attorney may not bring an accusation pursuant to this Code section
in those cases where the grand jury has heard evidence or conducted an
investigation or in which a no bill has been returned.
(e)
Notwithstanding the above provisions, nothing in this Code section shall affect
the rights of police officers and public officials to appear before a grand jury
as provided in Code Sections 17-7-52, 45-11-4, and 45-15-11."
SECTION
2.
This
Act shall become effective on July 1, 2009, and shall apply to all offenses
committed on or after that date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.
