SB174: SB174 Conduct of Proceedings in Criminal Trials; legislative intent; provide

25 LC 48 1389 Senate Bill 174 By: Senator McLaurin of the 14th A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 8 of Title 17 of the Official Cod e of Georgia Annotated,1 relating to conduct of proceedings in criminal trials, so as to provide for legislative intent;2 to provide that exceptions to rulings or orders of the court are not necessary; to provide for3 the preservation of errors; to provide that errors not affectin g substantial rights shall be4 disregarded; to provide that errors affecting substantial rights may be reviewed without the5 necessity of a preserving objection; to provide for related mat ters; to provide an effective6 date; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 It is the intent of the General Assembly in enacting this Act to adopt Rules 51 and 52 of the10 Federal Rules of Criminal Procedure, as interpreted by the Supr eme Court of the United11 States and the United States circuit courts of appeals as of the effective date of this Act to the12 extent that such interpretation is consistent with the Constitution of Georgia. Where conflicts13 are found to exist among the decisions of the various circuit c ourts of appeals interpreting14 Rules 51 and 52 of the Federal Rules of Criminal Procedure, the General Assembly15 considered the decisions of the 11th Circuit Court of Appeals.16 S. B. 174 - 1 - 25 LC 48 1389 SECTION 2.17 Article 3 of Chapter 8 of Title 17 of the Official Code of Geor gia Annotated, relating to18 conduct of proceedings in criminal trials, is amended by adding new Code sections to read19 as follows:20 "17-8-59.21 (a) Exceptions to rulings or orders of the court are unnecessary.22 (b) A party may preserve a claim of error by informing the court, when the court ruling or23 order is made or sought, of the action the party wishes the cou rt to take, or the party's24 objection to the court's action and the grounds for that objection. If a party does not have25 an opportunity to object to a ruling or order, the absence of a n objection shall not later26 prejudice that party. A ruling or order that admits or excludes evidence shall be governed27 by Code Section 24-1-103.28 17-8-60.29 (a) Any error, defect, irregularity, or variance that does not affect substantial rights shall30 be disregarded.31 (b) A plain error that affects substantial rights may be considered even though it was not32 brought to the court's attention."33 SECTION 3.34 This Act shall become effective upon its approval by the Governor or upon its becoming law35 without such approval.36 SECTION 4.37 All laws and parts of laws in conflict with this Act are repealed.38 S. B. 174 - 2 -