Bill Text: GA HB323 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Death penalty cases; Supreme Court; pretrial proceedings; extend review period
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2010-07-01 - Effective Date [HB323 Detail]
Download: Georgia-2009-HB323-Comm_Sub.html
10 HB
323/SCSFA/1
SENATE
SUBSTITUTE TO HB 323
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia
Annotated, relating to the death penalty generally, so as to extend the period
of review for the Supreme Court's consideration of applications for pretrial
proceedings in cases in which the death penalty is sought; to clarify provisions
relating to the assistant to the Supreme Court; 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
2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating
to the death penalty generally, is amended by revising subsection (d) of Code
Section 17-10-35.1, relating to review of pretrial proceedings in cases in which
the death penalty is sought, as follows:
"(d)
The Supreme Court shall issue an order granting review of the pretrial
proceedings, or portions thereof, or denying review within
20
45
days of the date on which the case was received. The order of the Supreme Court
shall identify the matters which shall be subject to review, and such matters
may include, but need not be limited to, any matters called to the court's
attention in any of the reports or in any application for appeal. No notice of
appeal shall be required to be filed if review of the pretrial proceedings is
granted. An order granting review of pretrial proceedings shall specify the
period of time within which each party shall file briefs and reply briefs with
respect to the matters identified in the Supreme Court's order granting review.
The Supreme Court may order oral argument or may render a decision on the record
and the briefs."
SECTION
2.
Said
article is further amended by revising Code Section 17-10-37, relating to the
review of death sentences and the assistant to the Supreme Court, as
follows:
"17-10-37.
(a)
There shall be an assistant to the Supreme Court who shall be an attorney
appointed by the Chief Justice and who shall serve at the pleasure of the court.
The court
shall accumulate the records of all capital felony cases in which sentence was
imposed after January 1, 1970, or such earlier date as the court may deem
appropriate. The assistant shall provide the court with whatever extracted
information it desires with respect thereto, including, but not limited to, a
synopsis or brief of the facts in the record concerning the crime and the
defendant.
The assistant
shall assist the Supreme Court in the review of all death
sentences.
(b)
The court shall be authorized to employ an appropriate staff and such methods to
compile such data as are deemed by the Chief Justice to be appropriate and
relevant to the statutory questions concerning the validity of the sentence
reviewed in accordance with Code Section 17-10-35.
(c)
The office of the assistant shall be attached for administrative purposes to the
office of the clerk of the Supreme Court of
Georgia."
SECTION
3.
This
Act shall become effective on July 1, 2010, and shall apply to any case docketed
on or after such date.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.