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Found 56 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 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 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 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 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.
The House Committee on Judiciary offers the following substitute to SB 173: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions, so as to authorize movants to file notices of uncontested motions in superior courts and state courts; to provide for uncontested...
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 State Senate · January 30, 2025 · Passed
Civil Practice; substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, damages, and liability in tort actions; provide
Summary by Georgia Commons (AI-written): Senate Bill 68 rewrites large parts of Georgia's civil lawsuit rules, changing how lawyers can argue pain-and-suffering damages, creating a new legal standard for negligent security lawsuits, letting juries hear evidence of seat belt non-use, and changing what medical bills injured plaintiffs can recover.
(3) If the court has not ruled on the motion to dismiss within 90 days following the conclusion of briefing on such motion, the The court may upon its own motion or upon motion of a party, and for good cause shown, terminate or modify the stay imposed by this subsection but shall not extend such stay; provided, however, that such remedy shall not preclude...
SECTION 8. Said title is further amended in said article by adding a new Code section to read as follows: "51-12-15. (a) In any action to recover damages for bodily injury or wrongful death, any party may elect, by written demand prior to the entry of the pretrial order, to have fault and any award of damages determined at trial in the following manner: (1)...
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 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 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 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 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...
Bill or resolution · Georgia State Senate · January 13, 2025 · Passed
'Fair and Safe Athletic Opportunities Act'; enact
Summary by Georgia Commons (AI-written): Georgia's SB 1, the 'Riley Gaines Act of 2025,' would require public schools, participating private schools, and colleges to designate sports teams by sex, bar males from female teams, and set sex-based rules for locker rooms and overnight sleeping quarters.
(iii) If a complaint with a request for an expedited preliminary determination brought pursuant to this subparagraph is rejected in whole or in part by the employee designated in subsection (i) of this Code section, such designated employee shall render his or her decision rejecting such complaint in writing to the complainant, and such decision shall set...
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.
SECTION 4. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in Code Section 42-3-111, relating to definitions regarding probation management, by revising paragraph (2) as follows: "(2) 'Electronic monitoring' means supervising, mapping, or tracking the location of a probationer by means including electronic...
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 State Senate · January 16, 2025 · Introduced
Brady Law Regulations; purchase or transfer of certain firearms; require a ten-day waiting period
Summary by Georgia Commons (AI-written): Senate Bill 19 would create a new definition of 'semiautomatic assault weapon' in Georgia law and require a ten-day waiting period before licensed dealers can complete the sale or transfer of one.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senate Bill 19 By: Senators Lucas of the 26th, Jones of the 10th, Jones II of the 22nd, Jackson of the 41st, Parent of the 44th and others A BILL TO BE ENTITLED AN ACT To amend Part 5 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to Brady Law Regulations, so as to require a ten-day waiting period for the purchase...
Bill or resolution · Georgia State Senate · February 24, 2025 · Passed
Criminal Proceedings; the award of reasonable attorney's fees and costs in a criminal case to the defendant upon such defendant making a successful motion to disqualify the prosecuting attorney for misconduct in connection with the case; provide
Summary by Georgia Commons (AI-written): Senate Bill 244 lets criminal defendants recover attorney's fees when a prosecutor is disqualified for misconduct and the case is dropped, and it creates a new state system to compensate people who were wrongly convicted and imprisoned.
(a) Upon receiving a claim under this chapter filed and served in accordance with Code Section 17-22-4, the Office of State Administrative Hearings shall, within 15 days, designate an administrative law judge to adjudicate the claim and notify the claimant, the Attorney General, and the prosecuting district attorney of such designation. (b) Any such...
Senate Bill 244 By: Senators Beach of the 21st, Albers of the 56th, Summers of the 13th, Robertson of the 29th, Tillery of the 19th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Titles 17 and 28 of the Official Code of Georgia Annotated, relating to criminal procedure and General Assembly, respectively, so as to enact provisions relating to...
Bill or resolution · Georgia State Senate · February 13, 2025 · Introduced
"Victims of Wrongful Incarceration Compensation Act"; establish
Summary by Georgia Commons (AI-written): Senate Bill 176 would create a formal process in Georgia law for people who were wrongly convicted and imprisoned to petition a court for a finding of innocence and then receive state compensation, capped at $1 million.
(a) An exonerated person who has been found by a court of competent jurisdiction to be eligible for compensation under this chapter pursuant to either subsection (d) or (g) of Code Section 17-22-3 shall initiate his or her requisition for such compensation no more than two years after the entry of the order that includes such finding. (b) The requisition...
(b) In calculating any monetary compensation under paragraph (1) of subsection (a) of this Code section: (1) An exonerated person who is placed on parole or community supervision while serving the sentence resulting from his or her conviction leading to his or her wrongful incarceration and who commits no more than one felony that is not a serious violent...
Bill or resolution · Georgia State Senate · January 30, 2025 · Introduced
Right to Reproductive Freedom; provide
Summary by Georgia Commons (AI-written): A Georgia Senate resolution would ask voters to amend the state Constitution to declare a fundamental right to reproductive freedom, covering decisions from contraception to abortion care, with limits after fetal viability.
Senate Resolution 84 By: Senators Harrell of the 40th, Jones II of the 22nd, Jackson of the 41st, Parent of the 44th, Esteves of the 35th and others A RESOLUTION Proposing an amendment to the Constitution so as to provide that every individual has a fundamental right to reproductive freedom and such right shall not be denied, burdened, or infringed upon...
SECTION 1. Article I of the Constitution is amended by adding a new Section to read as follows: "SECTION V. REPRODUCTIVE FREEDOM Paragraph I. Right to reproductive freedom. (a) As used in this Section, the term 'fetal viability' means the point in pregnancy at which, in the professional judgment of an attending healthcare professional and based on the...
Bill or resolution · Georgia State Senate · January 29, 2025 · Failed
"Freedom of Speech and Belief Act"; enact
Summary by Georgia Commons (AI-written): A Georgia Senate bill would bar large banks, payment processors, and utility companies from cutting off service to customers based on a 'social credit score' tied to their political speech, gun ownership, or religious beliefs.
(8) 'Social credit score' means a score or rating determined by an analysis or evaluation of one or more the following: (A) A person's exercise of any constitutional right protected by the first ten amendments to the United States Constitution, including, without limitation, a person's speech, association, religious exercise, or ownership of firearms; (B) A...
(10) 'Utility services provider' means any private business entity or enterprise that provides utility services to retail customers. 10-1-439.21. An essential services provider shall not: (1) Discriminate in the provision of essential services against a person that has an established business relationship with such essential services provider; or (2) Agree,...
Bill or resolution · Georgia State Senate · March 21, 2025 · Passed
Senate Civil Rights Protections Study Committee; create
Summary by Georgia Commons (AI-written): A Senate resolution creates a five-member Senate Civil Rights Protections Study Committee to examine Georgia's anti-discrimination laws and recommend possible new legislation before disbanding in December 2025.
Senate Resolution 444 By: Senators Halpern of the 39th, Jones II of the 22nd, Strickland of the 42nd, Cowsert of the 46th and Parent of the 44th ADOPTED SENATE A RESOLUTION Creating the Senate Civil Rights Protections Study Committee; and for other purposes. WHEREAS, Georgia is one of the few states without comprehensive state civil rights laws protecting...
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE: (1) Creation of Senate study committee. There is created the Senate Civil Rights Protections Study Committee. (2) Members and officers. The committee shall be composed of five members of the Senate to be appointed by the President of the Senate. The President of the Senate shall designate a member of the...
Bill or resolution · Georgia State Senate · February 19, 2025 · Introduced
Persons and Their Rights; that life is valued and protected from the moment of conception; provide
Summary by Georgia Commons (AI-written): A Georgia Senate bill would declare in state law that life begins at conception and is entitled to the same legal rights and protections as any other person, while stating it does not restrict contraception.
Senate Bill 200 By: Senator Moore of the 53rd A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, so as to provide that life is valued and protected from the moment of conception and that each life, from that moment, is accorded the same rights and protections guaranteed...
SECTION 1. Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, is amended by adding a new Code section to read as follows: "1-2-12. (a) As used in this Code section, the term: (1) 'Abortifacient' means a method of inhibiting the development of a human pregnancy at any stage following conception. (2)...
Bill or resolution · Georgia State Senate · February 18, 2025 · Introduced
Equal Rights Amendment; proposed Amendment to the United States Constitution; ratify
Summary by Georgia Commons (AI-written): A Georgia Senate resolution would have the General Assembly formally ratify the federal Equal Rights Amendment and send certified notice to federal officials that Georgia supports it as the 28th Amendment.
Senate Resolution 202 By: Senators Harrell of the 40th, Davenport of the 17th, Jackson of the 41st, Anderson of the 43rd, Parent of the 44th and others A RESOLUTION To commemorate the Equal Rights Amendment as the law of the land; to ratify a proposed Amendment to the United States Constitution; and for other purposes. WHEREAS, the Equal Rights Amendment...
WHEREAS, the ERA guarantees that no individual shall be denied or abridged of their rights based on sex, strengthening the protections of liberty and justice for all enshrined in our Constitution; and WHEREAS, the passage of the ERA is an affirmation of the United States' commitment to human rights, equality, and the pursuit of justice for all; and WHEREAS,...
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