SB 174: Conduct of Proceedings in Criminal Trials; legislative intent; provide

Currently, Georgia's criminal trial procedure law (O.C.G.A. Title 17, Chapter 8) does not spell out modern rules for how lawyers must object to a judge's rulings in order to raise the issue later on appeal. This bill adds two new Code sections modeled on Rules 51 and 52 of the Federal Rules of Criminal Procedure, as those rules have been interpreted by federal courts, especially the 11th Circuit Court of Appeals, which covers Georgia. The bill says formal 'exceptions' to a judge's rulings are no longer necessary. Instead, a lawyer preserves an issue by telling the court what action they want or why they object, and failing to get a chance to object will not later hurt that party's case. Errors that do not affect a defendant's or the state's substantial rights must be ignored, but a serious error affecting substantial rights (plain error) can still be reviewed on appeal even if no one objected at the time. The law would take effect as soon as the Governor signs it.

• Adds new Code Section 17-8-59 stating that formal exceptions to a judge's rulings or orders are no longer required in Georgia criminal trials.
• Establishes that a party preserves a legal issue for appeal by telling the court what action it wants or the grounds for its objection when the ruling is made.
• Protects a party from being penalized later if it never had a chance to object to a court ruling or order in the moment.
• Adds new Code Section 17-8-60 requiring courts to disregard errors that do not affect a party's substantial legal rights.
• Allows appellate courts to review a serious ('plain') error affecting substantial rights even if no objection was made at trial.
• States the General Assembly's intent to follow the Federal Rules of Criminal Procedure and 11th Circuit Court of Appeals interpretations when applying these new sections.

Criminal defendants, prosecutors, defense attorneys, trial judges, and appellate courts in Georgia, since the bill changes how legal objections must be made and preserved during criminal trials and how errors are reviewed on appeal.

Trial lawyers would no longer need to use formal 'exceptions' to preserve objections, and serious errors that harm a party's rights could still be reviewed on appeal even without a timely objection, potentially changing which cases succeed on appeal in Georgia's criminal courts.

• Section 1 states the General Assembly's intent to adopt Federal Rules of Criminal Procedure 51 and 52 as interpreted by federal courts, especially the 11th Circuit, consistent with the Georgia Constitution.
• Section 2 adds new Code Section 17-8-59, eliminating the need for formal exceptions and describing how a party preserves an objection for appeal.
• Section 2 also adds new Code Section 17-8-60, directing courts to disregard non-substantial errors and allowing review of plain errors affecting substantial rights.
• Section 3 sets the effective date as the date the Governor signs the bill or it becomes law without a signature.
• Section 4 repeals any existing laws that conflict with the new provisions.

1. 2025-02-18Senate Read and Referred (Senate)
2. 2025-02-13Senate Hopper (Senate)

• Josh McLaurin (D, SD-014)Primary sponsor

• criminal trials
• court procedure
• appeals
• legal objections
• criminal justice reform