Georgia CommonsSB 174: Conduct of Proceedings in Criminal Trials; legislative intent; provide
Introduced version, the latest LegiScan holds · Last action February 18, 2025 · Introduced
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
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 Code of Georgia Annotated, relating to conduct of proceedings in criminal trials, so as to provide for legislative intent; to provide that exceptions to rulings or orders of the court are not necessary; to provide for the preservation of errors; to provide that errors not affecting substantial rights shall be disregarded; to provide that errors affecting substantial rights may be reviewed without the necessity of a preserving objection; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
It is the intent of the General Assembly in enacting this Act to adopt Rules 51 and 52 of the Federal Rules of Criminal Procedure, as interpreted by the Supreme Court of the United States and the United States circuit courts of appeals as of the effective date of this Act to the extent that such interpretation is consistent with the Constitution of Georgia. Where conflicts are found to exist among the decisions of the various circuit courts of appeals interpreting Rules 51 and 52 of the Federal Rules of Criminal Procedure, the General Assembly considered the decisions of the 11th Circuit Court of Appeals.
SECTION 2.
Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of proceedings in criminal trials, is amended by adding new Code sections to read as follows:
"17-8-59.
(a) Exceptions to rulings or orders of the court are unnecessary.
(b) A party may preserve a claim of error by informing the court, when the court ruling or order is made or sought, of the action the party wishes the court to take, or the party's objection to the court's action and the grounds for that objection. If a party does not have an opportunity to object to a ruling or order, the absence of an objection shall not later prejudice that party. A ruling or order that admits or excludes evidence shall be governed by Code Section 24-1-103.
17-8-60.
(a) Any error, defect, irregularity, or variance that does not affect substantial rights shall be disregarded.
(b) A plain error that affects substantial rights may be considered even though it was not brought to the court's attention."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.