HB 103 - Murder charge; condition of bail; prohibit contact with juror
Georgia House of Representatives - 1995/1996 Sessions
HB 103 - Murder charge; condition of bail; prohibit contact with juror
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6
Code Sections - 17-6-1
1. Davis 48th
House Comm: SJudy / Senate Comm: /
House Vote: Yeas Nays Senate Vote: Yeas Nays
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House Action Senate
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1/9/95 Read 1st Time
1/10/95 Read 2nd Time
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Rules Suspended to Introduce
Code Sections amended: 17-6-1
HB 103 LC 16 3867
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Code Section 17-6-1 of the Official Code of Georgia
1- 2 Annotated, relating to where offenses are bailable, so as to
1- 3 provide that, as an additional condition of bail, persons
1- 4 charged with murder shall be prohibited from any contact
1- 5 with any juror in their own trial; to repeal conflicting
1- 6 laws; and for other purposes.
1- 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1- 8 Code Section 17-6-1 of the Official Code of Georgia
1- 9 Annotated, relating to where offenses are bailable, is
1-10 amended by striking said Code section in its entirety and
1-11 inserting in lieu thereof the following:
1-12 "17-6-1. (Index)
1-13 (a) The following offenses are bailable only before a
1-14 judge of the superior court:
1-15 (1) Treason;
1-16 (2) Murder;
1-17 (3) Rape;
1-18 (4) Aggravated sodomy;
1-19 (5) Armed robbery;
1-20 (6) Aircraft hijacking and hijacking a motor vehicle;
1-21 (7) Aggravated child molestation;
1-22 (8) Manufacturing, distributing, delivering, dispensing,
1-23 administering, selling, or possessing with intent to
1-24 distribute any controlled substance classified under
1-25 Code Section 16-13-25 as Schedule I or under Code
1-26 Section 16-13-26 as Schedule II;
1-27 (9) Violating Code Section 16-13-31, relating to
1-28 trafficking in cocaine or marijuana; and
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2- 1 (10) Kidnapping, arson, aggravated assault, or burglary
2- 2 if the person, at the time of the alleged kidnapping,
2- 3 arson, aggravated assault, or burglary, had previously
2- 4 been convicted of, was on probation or parole with
2- 5 respect to, or was on bail for kidnapping, arson,
2- 6 aggravated assault, burglary, or one or more of the
2- 7 offenses listed in paragraphs (1) through (9) of this
2- 8 subsection.
2- 9 (b)(1) All offenses not included in subsection (a) of
2-10 this Code section are bailable by a court of inquiry.
2-11 At no time, either before a court of inquiry, when
2-12 indicted, after a motion for new trial is made, or while
2-13 an appeal is pending, shall any person charged with a
2-14 misdemeanor be refused bail.
2-15 (2) Except as otherwise provided in this chapter:
2-16 (A) A person charged with violating Code Section
2-17 40-6-391 whose alcohol concentration at the time of
2-18 arrest, as determined by any method authorized by law,
2-19 violates that provided in paragraph (4) of subsection
2-20 (a) of Code Section 40-6-391 may be detained for a
2-21 period of time up to six hours after booking and prior
2-22 to being released on bail or on recognizance; and
2-23 (B) When an arrest is made by a law enforcement
2-24 officer without a warrant upon an act of family
2-25 violence pursuant to Code Section 17-4-20, the person
2-26 charged with the offense shall not be eligible for
2-27 bail prior to the arresting officer or some other law
2-28 enforcement officer taking the arrested person before
2-29 a judicial officer pursuant to Code Section 17-4-21.
2-30 (3)(A) Notwithstanding any other provision of law, a
2-31 judge of a court of inquiry may, as a condition of
2-32 bail or other pretrial release of a person who is
2-33 charged with violating Code Section 16-5-90 or
2-34 16-5-91, prohibit the defendant from entering or
2-35 remaining present at the victim's school, place of
2-36 employment, or other specified places at times when
2-37 the victim is present or intentionally following such
2-38 person.
2-39 (B) If the evidence shows that the defendant has
2-40 previously violated the conditions of pretrial release
2-41 or probation or parole which arose out of a violation
2-42 of Code Section 16-5-90 or 16-5-91, the judge of a
2-43 court of inquiry may impose such restrictions on the
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LC 16 3867
3- 1 defendant which may be necessary to deter further
3- 2 stalking of the victim, including but not limited to
3- 3 denying bail or pretrial release.
3- 4 (c)(1) In the event a person is detained in a facility
3- 5 other than a municipal jail for an offense which is
3- 6 bailable only before a judge of the superior court, as
3- 7 provided in subsection (a) of this Code section, and a
3- 8 hearing is held pursuant to Code Section 17-4-26 or
3- 9 17-4-62, the presiding judicial officer shall notify the
3-10 superior court in writing within 48 hours that the
3-11 arrested person is being held without bail. If the
3-12 detained person has not already petitioned for bail as
3-13 provided in subsection (d) of this Code section, the
3-14 superior court shall notify the district attorney and
3-15 shall set a date for a hearing on the issue of bail
3-16 within 30 days after receipt of such notice.
3-17 (2) In the event a person is detained in a municipal
3-18 jail for an offense which is bailable only before a
3-19 judge of the superior court as provided in subsection
3-20 (a) of this Code section for a period of 30 days, the
3-21 municipal court shall notify the superior court in
3-22 writing within 48 hours that the arrested person has
3-23 been held for such time without bail. If the detained
3-24 person has not already petitioned for bail as provided
3-25 in subsection (d) of this Code section, the superior
3-26 court shall notify the district attorney and set a date
3-27 for a hearing on the issue of bail within 30 days after
3-28 receipt of such notice.
3-29 (3) Notice sent to the superior court pursuant to
3-30 paragraph (1) or (2) of this subsection shall include
3-31 any incident reports and criminal history reports
3-32 relevant to the detention of such person.
3-33 (d) A person charged with any offense which is bailable
3-34 only before a judge of the superior court as provided in
3-35 subsection (a) of this Code section may petition the
3-36 superior court requesting that such person be released on
3-37 bail. The court shall notify the district attorney and
3-38 set a date for a hearing within ten days after receipt of
3-39 such petition.
3-40 (e) A court shall be authorized to release a person on
3-41 bail if the court finds that the person:
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4- 1 (1) Poses no significant risk of fleeing from the
4- 2 jurisdiction of the court or failing to appear in court
4- 3 when required;
4- 4 (2) Poses no significant threat or danger to any person,
4- 5 to the community, or to any property in the community;
4- 6 (3) Poses no significant risk of committing any felony
4- 7 pending trial; and
4- 8 (4) Poses no significant risk of intimidating witnesses
4- 9 or otherwise obstructing the administration of justice.
4-10 Whenever a judge orders, pursuant to this subsection, that
4-11 a person charged with the offense of murder may be
4-12 released on bail, the judge shall also order that in the
4-13 event of a trial on such charge such person shall have no
4-14 contact of any kind with any person selected to serve as a
4-15 juror at such trial. Violation of such order shall be
4-16 grounds for revocation of such person's bond.
4-17 (f)(1) Except as provided in subsection (a) of this Code
4-18 section, the judge of any court of inquiry may by
4-19 written order establish a schedule of bails and unless
4-20 otherwise ordered by the judge of any court, a person
4-21 charged with committing any offense shall be released
4-22 from custody upon posting bail as fixed in the schedule.
4-23 (2) For offenses involving an act of family violence, as
4-24 defined in Code Section 19-13-1, the schedule of bails
4-25 provided for in paragraph (1) of this subsection shall
4-26 require increased bail and shall include a listing of
4-27 specific conditions which shall include, but not be
4-28 limited to, having no contact of any kind or character
4-29 with the victim or any member of the victim's family or
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4-31 physically abuse the victim, the immediate enrollment in
4-32 and participation in domestic violence counseling,
4-33 substance abuse therapy, or other therapeutic
4-34 requirements.
4-35 (3) For offenses involving an act of family violence,
4-36 the judge shall determine whether the schedule of bails
4-37 and one or more of its specific conditions shall be
4-38 used, except that any offense involving an act of family
4-39 violence and serious injury to the victim shall be
4-40 bailable only before a judge when the judge or the
4-41 arresting officer is of the opinion that the danger of
4-42 further violence to or harassment or intimidation of the
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5- 1 victim is such as to make it desirable that the
5- 2 consideration of the imposition of additional conditions
5- 3 as authorized in this Code section should be made. Upon
5- 4 setting bail in any case involving family violence, the
5- 5 judge shall give particular consideration to the
5- 6 exigencies of the case at hand and shall impose any
5- 7 specific conditions as he or she may deem necessary. As
5- 8 used in this Code section, the term 'serious injury'
5- 9 means bodily harm capable of being perceived by a person
5-10 other than the victim and may include, but is not
5-11 limited to, substantially blackened eyes, substantially
5-12 swollen lips or other facial or body parts, substantial
5-13 bruises to body parts, fractured bones, or permanent
5-14 disfigurements and wounds inflicted by deadly weapons or
5-15 any other objects which, when used offensively against a
5-16 person, are capable of causing serious bodily injury.
5-17 (g) No appeal bond shall be granted to any person who has
5-18 been convicted of murder, rape, aggravated sodomy, armed
5-19 robbery, aggravated child molestation, kidnapping,
5-20 trafficking in cocaine or marijuana, or aircraft hijacking
5-21 and who has been sentenced to serve a period of
5-22 incarceration of seven years or more. The granting of an
5-23 appeal bond to a person who has been convicted of any
5-24 other crime shall be in the discretion of the convicting
5-25 court. Appeal bonds shall terminate when the right of
5-26 appeal terminates, and such bonds shall not be effective
5-27 as to any petition or application for writ of certiorari
5-28 unless the court in which the petition or application is
5-29 filed so specifies.
5-30 (h) Except in cases in which life imprisonment or the
5-31 death penalty may be imposed, a judge of the superior
5-32 court by written order may delegate the authority provided
5-33 for in this Code section to any judge of any court of
5-34 inquiry within such superior court judge's circuit.
5-35 However, such authority may not be exercised outside the
5-36 county in which said judge of the court of inquiry was
5-37 appointed or elected. The written order delegating such
5-38 authority shall be valid for a period of one year, but may
5-39 be revoked by the superior court judge issuing such order
5-40 at any time prior to the end of that one-year period.
5-41 (i) As used in this Code section, the term 'bail' shall
5-42 include the releasing of a person on such person's own
5-43 recognizance.
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LC 16 3867
6- 1 (j) For all persons who have been authorized by law or the
6- 2 court to be released on bail, sheriffs and constables
6- 3 shall accept such bail; provided, however, that the
6- 4 sureties tendered and offered on the bond are approved by
6- 5 the sheriff of the county in which the offense was
6- 6 committed."
SECTION 2.
6- 7 All laws and parts of laws in conflict with this Act are
6- 8 repealed.
-6- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97