Senate Bill 298
By: Senator Robertson of the 29th
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to
judgments and rulings deemed directly appealable, procedure for review of judgments,
orders, or decisions not subject to direct appeal, scope of review, hearings in criminal cases
involving a capital offense for which death penalty is sought, and appeals involving
nonmonetary judgments in child custody cases, so as to provide for certain appellate
procedures regarding the granting or denying of sovereign and other immunities and the
granting or denying of certain privileges; to provide for statutory construction; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to judgments and
rulings deemed directly appealable, procedure for review of judgments, orders, or decisions
not subject to direct appeal, scope of review, hearings in criminal cases involving a capital
offense for which death penalty is sought, and appeals involving nonmonetary judgments in
child custody cases, is amended in subsection (a) by revising paragraphs (12) and (13) and
by adding a new paragraph to read as follows:
"(12) All judgments or orders entered pursuant to Code Section 35-3-37; <del>and
</del>
(13) All judgments or orders entered pursuant to Code Section 9-11-11.1;
<ins>(14) All judgments, orders, or rulings in civil actions granting or denying or refusing to
grant or deny immunity to one or more parties based upon sovereign, municipal, official,
qualified, or judicial immunity established by the United States Constitution or the
Constitution, laws, or common law of this state shall have the right of direct appeal under
this paragraph, and such right shall be exercised within 30 days of any judgment, order,
or ruling. The right of direct appeal under this paragraph shall not be exercised by any
one party more than once in any civil action. This paragraph shall not preclude taking
an appeal pursuant to any other paragraph in this subsection; and
(15) All judgments, orders, or rulings in civil or criminal actions granting or denying or
refusing to grant or deny one or more parties' legislative privilege or legislative immunity
established by the United States Constitution or the Constitution, laws, or common law
of this state shall have the right of direct appeal under this paragraph, and such right shall
be exercised within 30 days of any judgment, order, or ruling."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.