Bill Text: GA HB889 | 2009-2010 | Regular Session | Comm Sub
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-Comm_Sub.html
10 HB
889/SCSFA/2
SENATE
SUBSTITUTE TO HB 889
AS
PASSED SENATE
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 and entering
pretrial release, pretrial intervention, or pretrial diversion programs, except
under certain circumstances; 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 for the purpose of entering a pretrial release
program, a pretrial release and diversion program, or a pretrial intervention
and diversion program as provided for in Article 4 of Chapter 18 of Title 15, or
Article 5 of Chapter 8 of Title 42, or pursuant to Uniform Superior Court Rule
27, unless an elected magistrate, elected state or superior court judge enters a
written order to the contrary specifying the reasons why such person should be
released upon 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.