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:
<ins>"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."
</ins> 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.