Georgia House of Representatives - 1995/1996 Sessions

HB 151 - Probable witness in criminal prosecution; prohibit sale of info

Page Numbers - 1/ 2/ 3/ 4

Code Sections - 16-10-98/ 16-10-99

1. Cox  160th             2. Royal  164th            3. Bates  179th
4. Purcell  147th         5. Floyd  138th            6. Buckner  95th


House Comm: Judy       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/11/95  Read 1st Time                                                                
              1/12/95  Read 2nd Time                                                                
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Code Sections amended: 16-10-98, 16-10-99                                                           


HB 151                                             LC 9 7903






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 5 of Chapter 10 of Title 16 of the Official
  1- 2  Code of Georgia Annotated, relating to offenses related to
  1- 3  judicial and other proceedings, so as to provide that a
  1- 4  person who is a witness to an event or occurrence that he or
  1- 5  she knows or reasonably should know is a crime or who has
  1- 6  personal knowledge of facts that he or she knows or
  1- 7  reasonably should know may require that person to be called
  1- 8  as a witness in a criminal prosecution is prohibited from
  1- 9  accepting or receiving any money or its equivalent in
  1-10  consideration for providing information obtained as a result
  1-11  of witnessing the event or occurrence or having personal
  1-12  knowledge of the facts; to provide for findings; to provide
  1-13  for actions; to provide for civil penalties; to provide that
  1-14  certain conduct shall constitute a misdemeanor; to provide
  1-15  for penalties; to provide for exceptions; to prohibit
  1-16  jurors, prior to discharge from their service as jurors,
  1-17  from accepting or agreeing to accept or benefiting from any
  1-18  payment or other consideration for supplying any information
  1-19  concerning the trial in which they are serving as jurors; to
  1-20  provide for punishment for contempt; to provide for other
  1-21  matters relating to the foregoing; to repeal conflicting
  1-22  laws; and for other purposes.

  1-23       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-24  Article 5 of Chapter 10 of Title 16 of the Official Code of
  1-25  Georgia Annotated, relating to offenses related to judicial
  1-26  and other proceedings, is amended by adding at the end of
  1-27  said article new Code Sections 16-10-98 and 16-10-99 to read
  1-28  as follows:

  1-29    "16-10-98. (Index)

  1-30    (a) The General Assembly supports and affirms the
  1-31    constitutional right of every person to communicate on any
  1-32    subject.  This Code section is intended to preserve the
  1-33    right of every accused person to a fair trial, the right



                                 -1- (Index)

                                                   LC 9 7903

  2- 1    of the people to due process of law, and the integrity of
  2- 2    judicial proceedings.  This Code section is not intended
  2- 3    to prevent any person from disseminating any information
  2- 4    or opinion.  The General Assembly finds and declares that
  2- 5    the disclosure for valuable consideration of information
  2- 6    relating to crimes by prospective witnesses can cause the
  2- 7    loss of credible evidence in criminal trials and threatens
  2- 8    to erode the reliability of verdicts.  The General
  2- 9    Assembly further finds and declares that the disclosure
  2-10    for valuable consideration of information relating to
  2-11    crimes by prospective witnesses creates an appearance of
  2-12    injustice that is destructive of public confidence.

  2-13    (b) It shall be unlawful for a person who is a witness to
  2-14    an event or occurrence that he or she knows is a crime or
  2-15    who has personal knowledge of facts that he or she knows
  2-16    or reasonably should know may require that person to be
  2-17    called as a witness in a criminal prosecution to accept or
  2-18    receive, directly or indirectly, any money or its
  2-19    equivalent in consideration for providing information
  2-20    obtained as a result of witnessing the event or occurrence
  2-21    or having personal knowledge of the facts.

  2-22    (c) It shall be unlawful for any person who is a witness
  2-23    to an event or occurrence that he or she reasonably should
  2-24    know is a crime to accept or receive, directly or
  2-25    indirectly, any money or its equivalent in consideration
  2-26    for providing information obtained as a result of his or
  2-27    her witnessing the event or occurrence.

  2-28    (d) The Attorney General or the district attorney of the
  2-29    county in which an alleged violation of subsection (c) of
  2-30    this Code section occurs may institute a civil proceeding
  2-31    for the recovery of a civil penalty for the violation of
  2-32    such subsection.  Where a final judgment is rendered in
  2-33    such civil proceeding, the defendant shall be punished for
  2-34    a violation of subsection (c) of this Code section by a
  2-35    civil penalty equal to 150 percent of the amount received
  2-36    or contracted for by the person.

  2-37    (e) Any person violating subsection (b) of this Code
  2-38    section shall be guilty of a misdemeanor and, upon
  2-39    conviction, shall be punished by imprisonment for a term
  2-40    not exceeding six months, by a fine not to exceed three
  2-41    times the amount of the compensation requested, accepted,
  2-42    or received, or both.




                                 -2- (Index)

                                                   LC 9 7903

  3- 1    (f) This Code section shall not apply if more than one
  3- 2    year has elapsed from the date of any criminal act related
  3- 3    to the information that is provided under subsection (b)
  3- 4    or (c) of this Code section unless prosecution has
  3- 5    commenced for that criminal act.  If prosecution has
  3- 6    commenced, this Code section shall remain applicable until
  3- 7    the final verdict in the case.

  3- 8    (g) This Code section shall not apply to any of the
  3- 9    following circumstances:

  3-10      (1) Lawful compensation paid to expert witnesses,
  3-11      investigators, employees, or agents by a prosecutor, law
  3-12      enforcement agency, or an attorney employed to represent
  3-13      a person in a criminal matter;

  3-14      (2) Lawful compensation provided to an informant by a
  3-15      prosecutor or law enforcement agency;

  3-16      (3) Compensation paid to a publisher, editor, reporter,
  3-17      writer, or other person connected with or employed by a
  3-18      newspaper, magazine, or other publication or a
  3-19      television or radio news reporter or other person
  3-20      connected with a television or radio station for
  3-21      disclosing information obtained in the ordinary course
  3-22      of business; or

  3-23      (4) Statutorily authorized rewards offered by
  3-24      governmental agencies or political subdivisions for
  3-25      information leading to the arrest and conviction of
  3-26      specified offenders.

  3-27    (h) For purposes of this Code section, the term
  3-28    'information' does not include a photograph, videotape, or
  3-29    any other direct recording of an event or occurrence.

  3-30    16-10-99. (Index)

  3-31    (a) The court in its discretion may, at each adjournment
  3-32    of the court before the submission of a criminal case to
  3-33    the jury, admonish the jury, whether permitted to separate
  3-34    or kept in charge of officers, that on pain of contempt of
  3-35    court no juror shall, prior to discharge, accept, agree to
  3-36    accept, or benefit, directly or indirectly, from any
  3-37    payment or other consideration for supplying any
  3-38    information concerning the trial.

  3-39    (b) In enacting this Code section, the General Assembly
  3-40    recognizes that the appearance of justice, and justice
  3-41    itself, may be undermined by any juror who prior to



                                 -3- (Index)

                                                   LC 9 7903

  4- 1    discharge accepts, agrees to accept, or benefits from
  4- 2    valuable consideration for providing information
  4- 3    concerning a criminal trial."

                         SECTION 2.

  4- 4  All laws and parts of laws in conflict with this Act are
  4- 5  repealed.









































                                 -4- (Index)