Bill Text: GA HB889 | 2009-2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Recognizance bonds; persons charged with certain crimes; limit
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2010-07-01 - Effective Date [HB889 Detail]
Download: Georgia-2009-HB889-Introduced.html
Bill Title: Recognizance bonds; persons charged with certain crimes; limit
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2010-07-01 - Effective Date [HB889 Detail]
Download: Georgia-2009-HB889-Introduced.html
10 LC 29
3979
House
Bill 889
By:
Representatives Walker of the
107th,
Bearden of the
68th,
Coan of the
101st,
and Levitas of the
82nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia
Annotated, relating to general provisions for bonds and recognizances, so as to
limit recognizance bonds for persons charged with certain crimes; to change and
provide for a definition; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating
to general provisions for bonds and recognizances, is amended by revising
subsection (i) of Code Section 17-6-1, relating to where offenses are bailable
and the procedure, as follows:
"(i)
As used in this Code section, the term 'bail' shall include the releasing of a
person on such person's own
recognizance,
except as limited by the provisions of Code Section
17-6-12."
SECTION
2.
Said
article is further amended by revising Code Section 17-6-12, relating to the
discretion of the court to release persons charged with a crime on the person's
own recognizance only, as follows:
"17-6-12.
(a)
As used in
this Code section, the term 'bail restricted offense' means the person is
charged with:
(1)
A serious violent felony as such term is defined in Code Section 17-10-6.1;
or
(2)
A felony offense of:
(A)
Aggravated assault;
(B)
Aggravated battery;
(C)
Hijacking a motor vehicle
(D)
Aggravated stalking;
(E)
Child molestation;
(F)
Enticing a child for indecent purposes;
(G)
Pimping;
(H)
Robbery;
(I)
Bail jumping;
(J)
Escape;
(K)
Possession of a firearm or knife during the commission of or attempt to commit
certain crimes;
(L)
Possession of firearms by convicted felons and first offender
probationers;
(M)
Trafficking in cocaine, illegal drugs, marijuana, or
methamphetamine;
(N)
Participating in criminal street gang activity;
(O)
Habitual violator; or
(P)
Driving under the influence of alcohol, drugs, or other intoxicating
substances.
(b)
A person charged with a bail restricted offense shall not be released on bail on
his or her own recognizance.
(c)
Except as provided in subsection (b) of this Code section and
in
In
addition to other laws regarding the release of an accused person, the judge of
any court having jurisdiction over a person charged with committing an offense
against the criminal laws of this state shall have authority, in his
or
her sound discretion and in appropriate
cases, to authorize the release of the person upon his
or
her own recognizance only.
(b)(d)
Upon the failure of a person released on his
or
her own recognizance only to appear for
trial, if the release is not otherwise conditioned by the court, the court may
summarily issue an order for his
or
her arrest which shall be enforced as in
cases of forfeited bonds."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.