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Found 70 matching documents.
Bill or resolution · Georgia State Senate · February 12, 2025 · Introduced
Criminal Procedure; pretrial proceedings in capital offense cases where the death penalty is sought when the accused has intellectual disability; provide
Summary by Georgia Commons (AI-written): Senate Bill 159 would create a pretrial process letting defendants in Georgia death penalty cases prove they have intellectual disability before trial, which would bar prosecutors from seeking execution if proven.
SECTION 3. Said title is further amended by revising subsection (d) of Code Section 17-7-171, relating to time for a demand for speedy trial in capital cases, discharge and acquittal when no trial held before end of two court terms of demand, counting of terms in cases in which death penalty is sought, and special pleas of incompetency, as follows: "(d) If...
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Bill or resolution · Georgia House of Representatives · January 27, 2025 · Passed
Criminal procedure; pretrial proceedings in capital offense cases where the death penalty is sought when the accused has an intellectual disability; provide
Summary by Georgia Commons (AI-written): House Bill 123 creates a pretrial process for Georgia courts to decide whether a defendant facing the death penalty has an intellectual disability, and bars execution for anyone found to have one.
SECTION 3. Said title is further amended by revising subsection (d) of Code Section 17-7-171, relating to time for a demand for speedy trial in capital cases, discharge and acquittal when no trial held before end of two court terms of demand, counting of terms in cases in which death penalty is sought, and special pleas of incompetency, as follows: "(d) If...
SECTION 4. Said title is further amended by revising subsection (b) of Code Section 17-10-35.1, relating to the review of pretrial proceedings when death penalty is sought, reports investigating reversible error, transmittal of reports to Supreme Court, orders regarding review, Attorney General assistance, res judicata, applicability, and waiver of rights,...
Bill or resolution · Georgia House of Representatives · January 29, 2025 · Passed
Appeal and error; judgments deemed directly appealable; change a provision
Summary by Georgia Commons (AI-written): House Bill 176 changes Georgia's rules for criminal appeals, creating a new process for defendants to seek late permission to appeal or request a new trial, and setting clearer deadlines for withdrawing guilty pleas.
House Bill 176 (AS PASSED HOUSE AND SENATE) By: Representatives Smith of the 18th, Gunter of the 8th, Evans of the 57th, and Miller of the 62nd A BILL TO BE ENTITLED AN ACT To amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to change a provision relating to judgments deemed directly appealable; to change...
If the judge grants such motion, the defendant shall have 30 days to file an out-of-time motion for new trial or notice of appeal and the judge shall have the discretion to allow an extension of time for filing such motion or notice as set forth in Code Section 5-6-39. (3) An indigent defendant shall have the right to the assistance of counsel to seek any...
Bill or resolution · Georgia State Senate · February 12, 2025 · Engrossed
Brady Law Regulations; standards for bringing an action against the government for an unauthorized act relating to regulation of weapons; revise
Summary by Georgia Commons (AI-written): A House substitute to SB 163 rewrites how criminal discovery works in Georgia courts, setting new deadlines for prosecutors and defendants to exchange evidence, adds detailed expert witness disclosure rules, lets active law enforcement officers keep their voter registration address confidential, and updates how subpoenas are served on police agencies.
SECTION 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure is amended by revising Code Section 17-7-54, relating to form of indictment by grand jury, by adding a new subsection to read as follows: "(c) An indictment substantially complying with the forms provided in this Code section shall in all cases be sufficient and...
SECTION 2. Said title is further amended by revising subsection (c) of Code Section 17-7-70.1, relating to trial upon accusations in certain felony and misdemeanor cases and trial upon plea of guilty or nolo contendere, as follows: "(c) An accusation substantially complying with the form forms provided in subsections (d) and (e) of Code Section 17-7-71...
Bill or resolution · Georgia State Senate · February 19, 2025 · Vetoed
Criminal Procedure; offenses that are not serious violent felonies, sexual felonies, or other certain offenses to be charged by accusation of the district attorney; allow
Summary by Georgia Commons (AI-written): A Georgia Senate bill would let district attorneys charge most felony cases by accusation instead of requiring a grand jury indictment, while also rewriting the state's gun law preemption statute and changing who can sue over local gun rules. The bill was passed by the legislature but vetoed by the Governor.
(g) Any person aggrieved as a result of a violation of this Code section may bring an action against the person who caused such aggrievement. The aggrieved person shall be entitled to reasonable attorney's fees and expenses of litigation and may recover or obtain against the person who caused such damages any of the following: (1) Actual damages or $100.00,...
SECTION 2. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subsection (a) of Code Section 17-7-70.1, relating to trial upon accusations in certain felony and misdemeanor cases and trial upon plea of guilty or nolo contendere, as follows: "(a) As used in this Code section, the term: (1) 'Serious...
Bill or resolution · Georgia House of Representatives · February 13, 2025 · Introduced
Public Service Commission; discovery rights in proceedings; revise provisions
Summary by Georgia Commons (AI-written): A bill in the Georgia House would expand discovery rights before the Public Service Commission so that all parties in any PSC proceeding, not just gas companies in rate cases, can use civil court discovery tools like depositions.
(d) Any application or petition made by the commission, its agents, or its employees pursuant to subsection (b) of this Code section shall be heard within 20 days of the filing of the application or petition, irrespective of whether any response to the application or petition has previously been made, and shall be disposed of promptly."
Bill or resolution · Georgia State Senate · February 13, 2025 · Engrossed
Pleadings and Motions; movants to file notices of uncontested motions in superior courts and state courts; authorize
Summary by Georgia Commons (AI-written): A Georgia Senate bill would let parties in superior and state court cases force a ruling on a stalled motion by filing an uncontested motion notice, after which the motion is deemed granted if the judge still doesn't rule within seven days.
SECTION 1. Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions, is amended by adding new Code sections to read as follows: "9-11-16.1. (a) In the event that a superior court judge or a state court judge fails to rule upon a properly served pretrial motion before him or her to which no objection has...
Bill or resolution · Georgia House of Representatives · February 26, 2025 · Passed
Motor vehicles; use of automated traffic enforcement safety devices in school zones; revise provisions
Summary by Georgia Commons (AI-written): House Bill 651 rewrites Georgia's rules for school zone speed cameras, adding new penalties for misuse, requiring flashing warning lights, and requiring local voters to approve camera enforcement through a referendum starting in 2027.
SECTION 10. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 15-9-155, relating to prosecuting attorney's duties and authority in probate courts in counties in which there are no state courts, by revising subparagraph (a)(1)(A) as follows: "(A) In the prosecution of any violation of the laws or ordinances of...
SECTION 11. Said title is further amended in Code Section 15-18-6, relating to duties of district attorney, by revising paragraph (6) as follows: "(6) To prosecute civil actions to enforce any civil penalty set forth in Code Section 40-6-163 or 40-14-18 and to prosecute or defend any other civil action in the prosecution or defense of which the state is...
Bill or resolution · Georgia State Senate · February 19, 2025 · Introduced
Discovery; discovery in misdemeanor cases; change provisions
Summary by Georgia Commons (AI-written): A Georgia Senate bill would overhaul how evidence sharing works in misdemeanor criminal cases, letting defendants opt into a two-way discovery process similar to what already applies in felony cases.
(b) In all criminal trials the defendant shall be entitled to have If the defendant elects to have this article apply, the prosecuting attorney shall, at least ten days prior to trial of the case, disclose to the defendant a complete copy of any written scientific reports in the possession of the prosecution which will be introduced in whole or in part...
(b) The prosecuting attorney shall serve upon the defendant within five days of the defendant's written notice but no later than five days before trial, whichever is later, a written notice stating the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the state, upon whom the state intends to rely to rebut the defendant's...
Bill or resolution · Georgia House of Representatives · February 3, 2025 · Engrossed
Motor vehicles; enforcement of speeding violations in school zones through automated traffic enforcement safety devices; repeal all laws
Summary by Georgia Commons (AI-written): A Georgia Senate substitute for HB 225 would repeal the state law allowing school zone speed cameras and ban local governments from signing new or renewed camera enforcement contracts starting July 1, 2027.
SECTION 2. Said article is further amended by repealing Code Section 40-14-1.2, relating to agent not private investigator or subject to certain laws.
SECTION 3. Said article is further amended in Code Section 40-14-2, relating to permit required for use, use not authorized where officers paid on fee system, and operation by registered or certified peace officers, by repealing subsection (c).
Bill or resolution · Georgia State Senate · February 10, 2025 · Passed
Insanity and Mental Incapacity; hearing before a court orders an evaluation of the mental competency of an accused person to stand trial; require
Summary by Georgia Commons (AI-written): Senate Bill 132 changes how Georgia courts handle questions about a criminal defendant's mental competency to stand trial, requiring a hearing before ordering an evaluation and creating faster timelines and automatic dismissal for people accused only of minor, nonviolent misdemeanors.
(2) If the accused files a special plea alleging that the accused is mentally incompetent to stand trial, it shall be the duty of the court to have a bench trial, unless the state or the accused demands a special jury trial, to determine the accused's competency to stand trial. Once a special plea has been filed, the court shall submit the department's...
(i) Except as provided in division (ii) of this subparagraph, by the end of the 90 day period provided for in subparagraph (A) of paragraph (2) of this subsection, or at any prior time, the department shall report that finding and the reasons therefor to the court and shall retain custody over the accused for the purpose of continued treatment for an...
Bill or resolution · Georgia House of Representatives · March 20, 2025 · Introduced
Motor vehicles; minimum speed limit of 50 miles per hour on certain highways; provide
Summary by Georgia Commons (AI-written): A House substitute bill would set a 50 mile per hour minimum speed on interstates and Georgia Highway 400 where the posted limit is 65 mph or higher, taking effect July 1, 2027.
SECTION 1. Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions, is amended by revising Code Section 40-6-184, relating to impeding traffic flow, minimum speed limits, and slower driving in a passing lane, as follows: "40-6-184. (a) No person shall drive a motor vehicle at such a slow speed as to...
SECTION 2. This Act shall become effective on July 1, 2027.
Bill or resolution · Georgia State Senate · February 13, 2025 · Introduced
Conduct of Proceedings in Criminal Trials; legislative intent; provide
Summary by Georgia Commons (AI-written): A Georgia Senate bill would change how errors are preserved for appeal in criminal trials, ending the requirement that lawyers formally 'except' to a judge's ruling and adopting a federal-style plain-error review standard.
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...
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...
Bill or resolution · Georgia House of Representatives · February 4, 2025 · Passed
Eviction Service and Airplane Evictions Act; enact
Summary by Georgia Commons (AI-written): House Bill 270 changes who can legally deliver eviction paperwork in Georgia, allowing an approved process server to serve eviction summonses in addition to sheriffs and constables.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
SECTION 1. This Act shall be known and may be cited as the "Eviction Service Act."
Bill or resolution · Georgia State Senate · February 3, 2025 · Introduced
Speed Detection Devices and Red Light Cameras; standards for signs warning of a reduced speed limit in a school zone and signs warning of the use of automated traffic enforcement safety devices; provide
Summary by Georgia Commons (AI-written): A Georgia Senate bill would tighten the rules for school zone speed cameras, requiring new warning signs placed a half mile before school zones and speed-display devices, while narrowing when tickets can be issued.
SECTION 5. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 15-9-155, relating to prosecuting attorney's duties and authority in probate courts in counties in which there are no state courts, by revising subparagraph (a)(1)(A) as follows: "(A) In the prosecution of any violation of the laws or ordinances of...
SECTION 6. Said title is further amended in Code Section 15-18-6, relating to duties of district attorney, by revising paragraph (6) as follows: "(6) To prosecute civil actions to enforce any civil penalty set forth in Code Section 40-6-163 or 40-14-18 and to prosecute or defend any other civil action in the prosecution or defense of which the state is...
Bill or resolution · Georgia House of Representatives · January 13, 2025 · Introduced
Brady Law Regulations; three-day waiting period for purchase or transfer of certain firearms; require
Summary by Georgia Commons (AI-written): House Bill 4 would require a three business day waiting period before licensed gun dealers can complete most firearm sales or transfers in Georgia, with exceptions for weapons carry license holders.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Bill or resolution · Georgia State Senate · February 13, 2025 · Introduced
Speed Detection Devices; all laws relative to enforcement of speeding violations in school zones through the use of automated traffic enforcement safety devices; repeal
Summary by Georgia Commons (AI-written): A Georgia Senate bill would eliminate the state law allowing automated speed cameras in school zones and bar local governments and police from entering new camera enforcement contracts starting immediately, with the repeal of underlying camera laws taking effect July 1, 2026.
SECTION 2. Said article is further amended by repealing Code Section 40-14-1.2, relating to agent not private investigator or subject to certain laws.
SECTION 3. Said article is further amended in Code Section 40-14-2, relating to permit required for use, use not authorized where officers paid on fee system, and operation by registered or certified peace officers, by repealing subsection (c).
Bill or resolution · Georgia House of Representatives · January 29, 2025 · Passed
Appellate practice; digital recording of certain trial proceedings; provide
Summary by Georgia Commons (AI-written): House Bill 179 would let Georgia trial courts use digital audio or video recording systems instead of a live court reporter for many felony, misdemeanor, and civil proceedings, with specific rules for the most serious felony and death penalty cases.
Said title is further amended by revising subsection (f) of and by adding a new subsection to Code Section 15-12-83, relating to oath of court reporter attending grand jury proceeding, compensation, and role and responsibilities, to read as follows: "(f) The district attorney may utilize a digital recording system, as defined in Code Section 15-14-22, and...
Said title is further amended by revising subsection (a) of Code Section 15-14-2, relating to power of city court judges to appoint and compensation, as follows: "(a) The judges of the city courts of this state having concurrent jurisdiction with the superior courts of this state to try misdemeanor cases and to try civil cases where the amount involved...
Bill or resolution · Georgia State Senate · February 12, 2025 · Passed
Reckless Stunt Driving; a motor vehicle involved in a second offense of reckless stunt driving; replace the forfeiture penalty
Summary by Georgia Commons (AI-written): Senate Bill 160 creates a new limited driving permit that lets some Georgia drivers whose licenses are suspended for reckless stunt driving keep driving legally if they install a speed-limiting device in their car, and sets up licensing rules for the companies that install and monitor those devices.
(d) Revocation of intelligent speed assistance device limited driving permit. (1)(A) The department shall revoke the intelligent speed assistance device limited driving permit of any permittee who is convicted of violating any state law relating to the movement of vehicles. Any court in which such conviction is had shall require such permittee to surrender...
SECTION 5. Said title is further amended in Chapter 8, relating to probation, by adding a new article to read as follows: "ARTICLE 8 42-8-130. (a) As used in this article, the term: (1) 'Intelligent speed assistance device' means a constant monitoring device certified by the commissioner to be installed within a motor vehicle to actively monitor and prevent...
Bill or resolution · Georgia House of Representatives · March 27, 2025 · Introduced
House Study Committee on Civil Rights Protections; create
Summary by Georgia Commons (AI-written): A House resolution would create a five-member study committee to examine whether Georgia should adopt comprehensive state civil rights laws covering employment, housing, public accommodations, and public services.
House Resolution 757 By: Representatives Clark of the 108th, Evans of the 57th, Lim of the 98th, and Barnes of the 86th A RESOLUTION Creating the House Study Committee on Civil Rights Protections; and for other purposes. WHEREAS, Georgia is one of the few states without comprehensive state civil rights laws protecting individuals from discrimination in...
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES: (1) Creation of House study committee. There is created the House Study Committee on Civil Rights Protections. (2) Members and officers. The committee shall be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker...
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