Bill Text: GA HB711 | 2011-2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Evidence; privileges; change provisions
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2013-01-01 - Effective Date [HB711 Detail]
Download: Georgia-2011-HB711-Introduced.html
Bill Title: Evidence; privileges; change provisions
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2013-01-01 - Effective Date [HB711 Detail]
Download: Georgia-2011-HB711-Introduced.html
12 LC 29
4973
House
Bill 711
By:
Representatives Lindsey of the
54th,
Atwood of the
179th,
Houston of the
170th,
Benfield of the
85th,
and Jacobs of the
80th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of the Title 24 of the Official Code of Georgia Annotated,
relating to privileges, so as to change provisions relating to spousal privilege
in criminal proceedings; to provide certain exceptions to the general rule of
privilege; to provide for confidentiality of communications between a family
violence or sexual assault victim and agents providing services to such victims
at family violence shelters and rape crisis centers; to provide for definitions;
to provide for a waiver of confidentiality; to provide for admissibility of
certain information; to provide for exceptions; to provide for procedure; to
provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 24 of the Official Code of Georgia Annotated, relating to privileges,
is amended by revising Code Section 24-5-503, relating to husband and wife as
witnesses for and against each other in criminal proceedings, as
follows:
"24-5-503.
(a)
A husband and wife shall be competent but shall not be compellable to give
evidence in any criminal proceeding for or against each other.
(b)
The privilege created by subsection (a) of this Code section or by corresponding
privileges in paragraph (1) of subsection (a) of Code Section 24-5-501 or
subsection (a) of Code Section 24-5-505 shall not apply in proceedings in
which:
(1)
The
the
husband or wife is charged with a crime against the person of a child under the
age of 18,
but such husband or wife shall be compellable to give evidence only on the
specific act for which the accused is
charged;
(2)
The husband or wife is charged with a crime against his or her spouse or their
marital or separate property;
(3)
The husband and wife are alleged to have acted jointly in the commission of the
crime charged; or
(4)
The alleged crime occurred prior to the lawful marriage of the husband and
wife."
SECTION
2.
Said
chapter is further amended by adding a new Code section to read as
follows:
"24-5-509.
(a)
As used in this Code section, the term:
(1)
'Agent' means a current or former employee or volunteer of a program who has
successfully completed a minimum of 20 hours of training approved by the
Criminal Justice Coordinating Council for victim assistance
programs.
(2)
'Family violence' shall have the same meaning as provided in Code Section
19-13-1.
(3)
'Family violence shelter' means a program whose primary purpose is to provide
services to family violence victims and their families that is not under the
direct supervision of a law enforcement agency, prosecuting attorney's office,
or a government agency.
(4)
'Family violence victim' means a person who consults a family violence shelter
for the purpose of securing advice or other services concerning an act of family
violence, an alleged act of family violence, or an attempted act of family
violence.
(5)
'Government agency' means any agency of the executive, legislative, or judicial
branch of government or political subdivision or authority thereof of this
state, any other state, the District of Columbia, the United States and its
territories and possessions, or any foreign government or international
governmental or quasi-governmental agency recognized by the United States or by
any of the several states.
(6)
'Program' means a family violence shelter or rape crisis center.
(7)
'Rape crisis center' means a program whose primary purpose is to provide
services to sexual assault victims and their families that is not under the
direct supervision of a law enforcement agency, prosecuting attorney's office,
or a government agency.
(8)
'Services' means any services provided to a victim by a program including but
not limited to crisis hot lines, safe homes and shelters, assessment and intake,
counseling, services for children who are victims of family violence or sexual
assault, support in medical, administrative, and judicial systems,
transportation, relocation, and crisis intervention. Such term shall not
include mandatory reporting as required by Code Section 19-7-5 or
30-5-4.
(9)
'Sexual assault' shall have the same meaning as provided in Code Section
17-5-70.
(10)
'Sexual assault victim' means a person who consults a rape crisis center for the
purpose of securing advice or other services concerning a sexual assault, an
alleged sexual assault, or an attempted sexual assault.
(11)
'Victim' means a family violence victim or sexual assault victim.
(b)
No agent of a program shall be compelled to disclose any information in any
judicial proceeding that the agent acquired while providing services to a
victim, provided that such information was necessary to enable the agent to
render services, unless the privilege has been waived by the victim or the court
finds at a pretrial hearing or hearing outside the presence of the jury by a
preponderance of the evidence that:
(1)
In a civil proceeding:
(A)
The information or testimony sought is material and relevant to factual issues
to be determined;
(B)
The evidence is not sought solely for the purpose of impeachment of
character;
(C)
The evidence sought is not cumulative of other evidence or information available
or already obtained by the party seeking disclosure; and
(D)
The effect of the disclosure on the victim, including the impact of the
disclosure on the relationship between the victim and the agent and the delivery
and accessibility of services, is outweighed by the public interest and need for
disclosure; or
(2)
In a criminal proceeding:
(A)
The information or testimony sought is material and relevant to factual issues
and the victim is deceased or is exculpatory on the issue of guilt, degree of
guilt, or sentencing for the offense charged or a lesser included
offense;
(B)
The evidence is not sought solely for the purpose of impeachment of
character;
(C)
The evidence sought is not cumulative of other evidence or information available
or already obtained by the party seeking disclosure; and
(D)
The effect of the disclosure on the victim, including the impact of the
disclosure on the relationship between the victim and the agent and the delivery
and accessibility of services, is outweighed by the public interest and need for
disclosure.
(c)
The privilege granted by this Code section shall not apply if the agent was a
witness or party to the family violence or sexual assault or other crime that
occurred in the agent's presence.
(d)
The mere presence of a third person during communications between an agent and
victim shall not void the privilege granted by this Code section.
(e)
If the victim is or has been judicially determined to be incompetent, the
victim's guardian may waive the victim's privilege.
(f)
In criminal proceedings, if either party intends to compel evidence based on
this Code section, the party shall file and serve notice of his or her intention
on the opposing party at least ten days prior to trial, or as otherwise directed
by the court. The court shall hold a pretrial hearing in accordance with
subsection (b) of this Code section and determine the issue prior to
trial."
SECTION
3.
This
Act shall become effective on January 1, 2013.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.