Georgia House of Representatives - 1995/1996 Sessions

HB 1578 - Habeas corpus; certain petitions; time for completion

Page Numbers - 1/ 2/ 3

Code Sections - 9-14-49

1. Powell  23rd           2. McCall  90th            3. Wall  82nd
4. Stephenson  25th       5. Twiggs  8th             6. Dobbs  92nd


House Comm: Judy       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
              ----------------------------------------                                              
               House          Action         Senate                                                 
              ----------------------------------------                                              
              2/2/96   Read 1st Time                                                                
              2/5/96   Read 2nd Time                                                                
              ----------------------------------------                                              
                                                                                                    
Code Sections amended:                                                                              


HB 1578                                          LC 22 1986ER






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 2 of Chapter 14 of Title 9 of the Official
  1- 2  Code of Georgia Annotated, relating to habeas corpus
  1- 3  procedures for persons under sentence of a state court of
  1- 4  record, so as to provide for a maximum period of time
  1- 5  elapsing between the filing of a habeas corpus petition on
  1- 6  behalf of a person under sentence of death and the
  1- 7  completion of evidentiary hearings, issuance of the superior
  1- 8  court's final findings of fact and conclusions of law, and
  1- 9  any reconsideration thereof by the superior court; to
  1-10  provide for exceptions; to provide for matters relative to
  1-11  the foregoing; to provide for severability; to provide
  1-12  effective dates; to repeal conflicting laws; and for other
  1-13  purposes.

  1-14       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-15  Article 2 of Chapter 14 of Title 9 of the Official Code of
  1-16  Georgia Annotated, relating to habeas corpus procedures for
  1-17  persons under sentence of a state court of record, is
  1-18  amended by adding at the end of Code Section 9-14-48,
  1-19  relating to hearings, determinations, and dispositions of
  1-20  habeas corpus petitions filed on behalf of persons under
  1-21  sentence of state courts of record, a new subsection (e) to
  1-22  read as follows:

  1-23    "(e) It shall be the duty of the judge of the superior
  1-24    court, unless providentially hindered or unless counsel
  1-25    for the petitioner and counsel for the respondent agree in
  1-26    writing to extend the  time by a period not exceeding 20
  1-27    days, in the case of every habeas corpus petition filed on
  1-28    behalf of a person under a sentence of death by a superior
  1-29    court of this state to have finally concluded all
  1-30    evidentiary hearings on all issues presented in the
  1-31    petition within 180 days of the filing date of the
  1-32    petition.  This duty shall apply to any superior court
  1-33    judge assigned to the case, whether or not the judge is a



                                 -1- (Index)

                                                LC 22 1986ER

  2- 1    member of the respective judicial circuit in which the
  2- 2    petition is filed."

                         SECTION 2.

  2- 3  Said chapter is further amended by striking in its entirety
  2- 4  Code Section 9-14-49, relating to findings of fact and
  2- 5  conclusions of law, and inserting in lieu thereof the
  2- 6  following:

  2- 7    "9-14-49. (Index)

  2- 8    (a) After reviewing the pleadings and evidence offered at
  2- 9    the trial of the case, the judge of the superior court
  2-10    hearing the case shall make written findings of fact and
  2-11    conclusions of law upon which the judgment is based. The
  2-12    findings of fact and conclusions of law shall be recorded
  2-13    as part of the record of the case.

  2-14    (b) It shall be the duty of the judge of the superior
  2-15    court who hears or who is assigned to rule on a habeas
  2-16    corpus petition filed on behalf of a person under a
  2-17    sentence of death by a superior court of this state,
  2-18    unless providentially hindered, to issue a written
  2-19    judgement order with findings of fact and conclusions of
  2-20    law within 90 days of the conclusion of the final
  2-21    evidentiary hearing on the petition.

  2-22    (c) It shall be the duty of the judge of the superior
  2-23    court who issues the written judgment order on a habeas
  2-24    corpus petition filed on behalf of a person under a
  2-25    sentence of death by a  superior court of this state or a
  2-26    superior court judge assigned to the case subsequent to
  2-27    the issuance of such a written judgement, unless
  2-28    providentially hindered, to issue a written ruling on any
  2-29    motion or pleading seeking reconsideration by the superior
  2-30    court of its written judgement on the petition within 45
  2-31    days of the date on which the motion or other pleading was
  2-32    filed."

                         SECTION 3.

  2-33  In the event any provision or section of this Act should be
  2-34  determined to be unconstitutional or unlawful, said
  2-35  provision or section shall be severed and shall alone be
  2-36  voided, and all of the remaining provisions or sections
  2-37  shall remain and shall continue to be of full force and
  2-38  effect.




                                 -2- (Index)

                                                LC 22 1986ER

                         SECTION 4.

  3- 1  Section 1 of this Act shall become effective July 1, 1996.
  3- 2  All other sections of this Act shall become effective upon
  3- 3  the first day of the first month occurring subsequent to its
  3- 4  approval by the Governor or upon its becoming law without
  3- 5  such approval.

                         SECTION 5.

  3- 6  All laws and parts of laws in conflict with this Act are
  3- 7  repealed.






































                                 -3- (Index)