HB 170 - Crime Victims' Bill of Rights; enact
Georgia House of Representatives - 1995/1996 Sessions
HB 170 - Crime Victims' Bill of Rights; enact
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ 11/ 12
1. Baker 70th 2. Bordeaux 151st 3. Orrock 56th
House Comm: SJudy / Senate Comm: SJudy /
House Vote: Yeas 169 Nays 0 Senate Vote: Yeas 48 Nays 0
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House Action Senate
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1/12/95 Read 1st Time 2/16/95
1/13/95 Read 2nd Time 3/6/95
2/10/95 Favorably Reported 3/1/95
Sub Committee Amend/Sub Sub
2/15/95 Read 3rd Time 3/10/95
2/15/95 Passed/Adopted 3/10/95
CS Comm/Floor Amend/Sub CS
3/14/95 Amend/Sub Agreed To
4/3/95 Sent to Governor
4/10/95 Signed by Governor
289 Act/Veto Number
7/1/95 Effective Date
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Code Sections amended: 17-15-8, 17-17-1, 17-17-2, 17-17-3, 17-17-4, 17-17-5,
17-17-6, 17-17-7, 17-17-8,17-17-9, 17-17-10, 17-17-11, 17-17-12, 17-17-13,
17-17-14, 17-17-15, 42-1-11
HB 170 HB 170/AP
H. B. No. 170 (AS PASSED HOUSE AND SENATE)
By: Representatives Baker of the 70th, Bordeaux of the
151st and Orrock of the 56th
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Title 17 of the Official Code of Georgia Annotated,
1- 2 relating to criminal procedure, so as to change and make
1- 3 provisions relating to rights of victims of crimes; to
1- 4 increase the maximum amount of compensation payable to and
1- 5 on behalf of victims of crimes; to enact a "Crime Victims'
1- 6 Bill of Rights"; to state legislative findings; to provide a
1- 7 short title; to define terms; to provide for certain rights
1- 8 to victims of certain crimes; to provide for designation of
1- 9 other persons to exercise such rights under certain
1-10 circumstances; to provide for notification to victims of
1-11 certain matters by law enforcement personnel; to provide for
1-12 promulgation of information by the Criminal Justice
1-13 Coordinating Council; to provide for notification to victims
1-14 of certain matters by prosecuting attorneys; to provide for
1-15 separation of victims from defendants and related parties
1-16 during court proceedings; to provide that under certain
1-17 circumstances the court may require that information
1-18 concerning a victim's address, telephone number, or place of
1-19 employment shall not be transmitted to the defendant; to
1-20 provide for a victim's right to express his or her opinion
1-21 with respect to certain issues; to provide for notice by the
1-22 State Board of Pardons and Paroles prior to consideration of
1-23 a pardon, parole, or other clemency; to provide for
1-24 procedural matters; to provide for effect with respect to
1-25 civil and criminal liability; to amend Chapter 1 of Title 42
1-26 of the Official Code of Georgia Annotated, relating to penal
1-27 institutions and penal matters in general, so as to change
1-28 provisions relating to notification to victims when
1-29 offenders have a change in custodial status; to provide for
1-30 related matters; to repeal conflicting laws; and for other
1-31 purposes.
1-32 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-33 Title 17 of the Official Code of Georgia Annotated, relating
1-34 to criminal procedure, is amended in Code Section 17-15-8,
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HB 170/AP
2- 1 relating to an award of compensation to a crime victim, by
2- 2 striking paragraph (1) of subsection (c) of said Code
2- 3 section in its entirety and inserting in lieu thereof the
2- 4 following:
2- 5 "(c)(1) Notwithstanding any other provisions of this
2- 6 chapter, no award made under the provisions of this
2- 7 chapter shall exceed $1,000.00 in the aggregate;
2- 8 provided, however, with respect to any claim filed with
2- 9 the board as a result of a crime occurring on or after
2-10 July 1, 1994, no award made under the provisions of this
2-11 chapter payable to a victim and to all other claimants
2-12 sustaining economic loss because of injury to or death
2-13 of such victim shall exceed $5,000.00 in the aggregate;
2-14 provided, however, with respect to any claim filed with
2-15 the board as a result of a crime occurring on or after
2-16 July 1, 1995, no award made under the provisions of the
2-17 chapter payable to a victim and to all other claimants
2-18 sustaining economic loss because of injury to or death
2-19 of such victim shall exceed $10,000.00 in the
2-20 aggregate."
SECTION 2.
2-21 Said title is further amended by adding a new Chapter 17 to
2-22 read as follows:
"CHAPTER 17
2-23 17-17-1. (Index)
2-24 The General Assembly hereby finds and declares it to be
2-25 the policy of this state that victims of crimes should be
2-26 accorded certain basic rights just as the accused are
2-27 accorded certain basic rights.
2-28 17-17-2. (Index)
2-29 This chapter shall be known and may be cited as the 'Crime
2-30 Victims' Bill of Rights.'
2-31 17-17-3. (Index)
2-32 As used in this chapter, the term:
2-33 (1) 'Accused' means a person suspected of and subject to
2-34 arrest for, arrested for, or convicted of a crime
2-35 against a victim.
2-36 (2) 'Arresting law enforcement agency' means any law
2-37 enforcement agency, other than the investigating law
2-38 enforcement agency, which arrests the accused.
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3- 1 (3) 'Compensation' means awards granted by the Georgia
3- 2 Crime Victims Compensation Board pursuant to Chapter 15
3- 3 of this title.
3- 4 (4) 'Crime' means an act committed in this state which
3- 5 constitutes any violation of Chapter 5 of Title 16,
3- 6 relating to crimes against persons; Chapter 6 of Title
3- 7 16, relating to sexual offenses; Article 1 or Article 3
3- 8 of Chapter 7 of Title 16, relating to burglary and
3- 9 arson; Article 1 or Article 2 of Chapter 8 of Title 16,
3-10 relating to offenses involving theft and armed robbery;
3-11 Code Section 16-12-100, relating to sexual exploitation
3-12 of children; Code Section 40-6-393, relating to homicide
3-13 by vehicle; Code Section 40-6-393.1, relating to
3-14 feticide by vehicle; or Code Section 40-6-394, relating
3-15 to serious injury by vehicle.
3-16 (5) 'Custodial authority' means a warden, sheriff,
3-17 jailer, deputy sheriff, police officer, correctional
3-18 officer, officer or employee of the Department of
3-19 Corrections or the Department of Children and Youth
3-20 Services, or any other law enforcement officer having
3-21 actual custody of the accused.
3-22 (6) 'Investigating law enforcement agency' means the law
3-23 enforcement agency responsible for the investigation of
3-24 the crime.
3-25 (7) 'Notice,' 'notification,' or 'notify' means a
3-26 written notice when time permits or, failing such, a
3-27 documented effort to reach the victim by telephonic or
3-28 other means.
3-29 (8) 'Person' means an individual.
3-30 (9) 'Prompt notice,' 'prompt notification,' or 'promptly
3-31 notify' means notification given to the victim as soon
3-32 as practically possible so as to provide the victim with
3-33 a meaningful opportunity to exercise his or her rights
3-34 pursuant to this chapter.
3-35 (10) 'Prosecuting attorney' means the district attorney,
3-36 the solicitor of state or other courts, the Attorney
3-37 General, a county attorney opposing an accused in a
3-38 habeas corpus proceeding, or the designee of any of
3-39 these.
3-40 (11) 'Victim' means:
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4- 1 (A) A person against whom a crime has been
4- 2 perpetrated; or
4- 3 (B) In the event of the death of the crime victim, the
4- 4 following relations if the relation is not either in
4- 5 custody for an offense or the defendant:
4- 6 (i) The spouse;
4- 7 (ii) An adult child if division (i) does not apply;
4- 8 (iii) A parent if divisions (i) and (ii) do not
4- 9 apply;
4-10 (iv) A sibling if divisions (i) through (iii) do not
4-11 apply;
4-12 (v) A grandparent if divisions (i) through (iv) do
4-13 not apply; or
4-14 (C) A parent, guardian, or custodian of a crime victim
4-15 who is a minor or a legally incapacitated person
4-16 except if such parent, guardian, or custodian is in
4-17 custody for an offense or is the defendant.
4-18 17-17-4. (Index)
4-19 If a victim is physically unable to exercise privileges
4-20 and rights under this chapter, the victim may designate by
4-21 written instrument his or her spouse, adult child, parent,
4-22 sibling, or grandparent to act in place of the victim
4-23 during the duration of the physical disability. During
4-24 the physical disability, notices to be provided under this
4-25 chapter to the victim shall continue to be afforded only
4-26 to the victim.
4-27 17-17-5. (Index)
4-28 (a) All victims, wherever practicable, shall be entitled
4-29 to notification as defined by paragraph (7) of Code
4-30 Section 17-17-3 of the accused's arrest, of the accused's
4-31 release from custody, and of any judicial proceeding at
4-32 which the release of the accused will be considered. No
4-33 such notification shall be required unless the victim
4-34 provides a landline telephone number other than a pocket
4-35 pager or electronic communication device number to which
4-36 such notice can be directed.
4-37 (b) The investigating law enforcement agency, prosecuting
4-38 attorney, or custodial authority who is required to
4-39 provide notification pursuant to this chapter shall advise
4-40 the victim of his or her right to notification and of the
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HB 170/AP
5- 1 requirement of the victim's providing a landline telephone
5- 2 number other than a pocket pager or electronic
5- 3 communication device number to which the notification
5- 4 shall be directed. Such victim shall transmit the
5- 5 telephone number described in this subsection to the
5- 6 appropriate investigating law enforcement agency,
5- 7 prosecuting attorney, or custodial authority as provided
5- 8 for in this chapter.
5- 9 17-17-6. (Index)
5-10 (a) Upon initial contact with a victim, all law
5-11 enforcement and court personnel shall make available to
5-12 the victim the following information written in plain
5-13 language:
5-14 (1) The possibility of pretrial release of the accused,
5-15 the victim's rights and role in the stages of the
5-16 criminal justice process, and the means by which
5-17 additional information about these stages can be
5-18 obtained.
5-19 (2) The availability of victim compensation; and
5-20 (3) The availability of community based victim service
5-21 programs.
5-22 (b) The Criminal Justice Coordinating Council is
5-23 designated as the coordinating entity between various law
5-24 enforcement agencies, the courts, and social service
5-25 delivery agencies. The Criminal Justice Coordinating
5-26 Council shall develop and disseminate written information
5-27 upon which law enforcement personnel may rely in
5-28 disseminating the information required by this chapter.
5-29 17-17-7. (Index)
5-30 (a) Whenever possible, the investigating law enforcement
5-31 agency shall give to a victim prompt notification as
5-32 defined in paragraph (9) of Code Section 17-17-3 of the
5-33 arrest of an accused.
5-34 (b) The arresting law enforcement agency shall promptly
5-35 notify the investigating law enforcement agency of the
5-36 accused's arrest.
5-37 (c) Whenever possible, the prosecuting attorney shall
5-38 notify the victim prior to any proceeding in which the
5-39 release of the accused will be considered.
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6- 1 (d) Whenever possible, the prosecuting attorney shall
6- 2 offer the victim the opportunity to express the victim's
6- 3 opinion on the release of the accused pending judicial
6- 4 proceedings.
6- 5 (e) Whenever possible, the custodial authority shall give
6- 6 prompt notification to a victim of the release of the
6- 7 accused.
6- 8 (1) Prompt notification of release from a county or
6- 9 municipal jail is effected by placing a telephone call
6-10 to the telephone number provided by the victim and
6-11 giving notice to the victim or any person answering the
6-12 telephone who appears to be sui juris or by leaving an
6-13 appropriate message on a telephone answering machine.
6-14 (2) Notification of release from the custody of the
6-15 state or any county correctional facility shall be in
6-16 the manner provided by law.
6-17 (f) If the court has granted a pretrial release or
6-18 supersedeas bond, the victim shall have the right to file
6-19 a written complaint with the prosecuting attorney
6-20 asserting acts or threats of physical violence or
6-21 intimidation by the accused or at the accused's direction
6-22 against the victim or the victim's immediate family.
6-23 Based on the victim's written complaint or other evidence,
6-24 the prosecuting attorney may move the court that the bond
6-25 or personal recognizance of an accused be revoked.
6-26 17-17-8. (Index)
6-27 (a) Upon initial contact with a victim, a prosecuting
6-28 attorney shall give prompt notification to the victim of
6-29 the following:
6-30 (1) The procedural steps in processing a criminal case;
6-31 (2) The rights and procedures of victims under this
6-32 chapter;
6-33 (3) Suggested procedures if the victim is subjected to
6-34 threats or intimidation; and
6-35 (4) The names and telephone numbers of contact persons
6-36 at both the office of the custodial authority and in the
6-37 prosecuting attorney's office.
6-38 (b) If requested in writing by the victim and to the
6-39 extent possible, the prosecuting attorney shall give
6-40 prompt advance notification of any scheduled court
H. B. No. 170
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HB 170/AP
7- 1 proceedings and notice of any changes to that schedule.
7- 2 Court proceedings shall include, but not be limited to,
7- 3 pretrial commitment hearings, arraignment, motion
7- 4 hearings, trial, sentencing, appellate review, and
7- 5 post-conviction relief. The prosecuting attorney shall
7- 6 notify all victims of the requirement to make such request
7- 7 in writing.
7- 8 17-17-9. (Index)
7- 9 The victim shall have the right to wait in an area
7-10 separate from the accused, from the family and friends of
7-11 the accused, and from witnesses for the accused during any
7-12 judicial proceeding involving the accused, provided that
7-13 such separate area is available and its use in such a
7-14 manner practical. If such a separate area is not
7-15 available or practical, the court, upon request of the
7-16 victim made through the prosecuting attorney, shall
7-17 attempt to minimize the victim's contact with the accused,
7-18 the accused's relatives and friends, and witnesses for the
7-19 accused during any such judicial proceeding.
7-20 17-17-10. (Index)
7-21 As a condition of permitting a response to an inquiry as
7-22 to the victim's current address, telephone number, or
7-23 place of employment, the court may require counsel or any
7-24 other officer of the court, including but not limited to
7-25 counsel for the defendant, not to transmit or permit
7-26 transmission to the defendant of the victim's current
7-27 address, telephone number, or place of employment by the
7-28 counsel or officer of the court or any employee, agent, or
7-29 other representative of the counsel or officer of the
7-30 court.
7-31 17-17-11. (Index)
7-32 The prosecuting attorney shall offer the victim the
7-33 opportunity to express the victim's opinion on the
7-34 disposition of an accused's case, including the views of
7-35 the victim regarding:
7-36 (1) Plea or sentence negotiations; and
7-37 (2) Participation in pretrial or post-conviction
7-38 diversion programs.
7-39 This provision shall not limit any other right created
7-40 pursuant to state law.
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8- 1 17-17-12. (Index)
8- 2 (a) Upon the written request of the victim, the
8- 3 prosecuting attorney shall notify the victim of the
8- 4 following:
8- 5 (1) That the accused has filed a motion for new trial or
8- 6 an appeal of his or her conviction;
8- 7 (2) Whether the accused has been released on bail or
8- 8 other recognizance pending the disposition of the motion
8- 9 or appeal;
8-10 (3) The time and place of any appellate court
8-11 proceedings relating to the motion or appeal and any
8-12 changes in the time or place of those proceedings; and
8-13 (4) The result of the motion or appeal.
8-14 (b) In the event the accused is granted a new trial or the
8-15 conviction is reversed or remanded and the case is
8-16 returned to the trial court for further proceedings, the
8-17 victim shall be entitled to request the rights and
8-18 privileges provided by this chapter.
8-19 17-17-13. (Index)
8-20 The State Board of Pardons and Paroles shall give 20 days'
8-21 advance notification to a victim whenever it considers
8-22 making a final decision to grant parole or any other
8-23 manner of executive clemency action to release a defendant
8-24 for a period exceeding 60 days; and the board shall
8-25 provide the victim with an opportunity to file a written
8-26 objection to such action. No notification need be given
8-27 unless the victim has expressed objection to release or
8-28 has expressed a desire for such notification and has
8-29 provided the State Board of Pardons and Paroles with a
8-30 current address and telephone number.
8-31 17-17-14. (Index)
8-32 (a) It is the right and responsibility of the victim who
8-33 desires notification under this chapter or under any other
8-34 notification statute to keep the following informed of the
8-35 victim's current address and phone number:
8-36 (1) The investigating law enforcement agency;
8-37 (2) The prosecuting attorney, until final disposition or
8-38 completion of the appellate and post-conviction process,
8-39 whichever occurs later; and
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9- 1 (3) As directed by the prosecuting attorney, the sheriff
9- 2 if the accused is in the sheriff's custody for pretrial,
9- 3 trial, or post-conviction proceedings; the Department of
9- 4 Corrections if the accused is in the custody of the
9- 5 state; or any county correctional facility if the
9- 6 defendant is sentenced to serve time in a facility which
9- 7 is not a state facility; and
9- 8 (4) The State Board of Pardons and Paroles.
9- 9 (b) Current addresses and telephone numbers of victims and
9-10 their names provided for the purposes of notification
9-11 pursuant to this chapter or any other notification statute
9-12 shall be confidential and used solely for the purposes of
9-13 this chapter and shall not be subject to disclosure under
9-14 Article 4 of Chapter 18 of Title 50, relating to
9-15 inspection of public records.
9-16 17-17-15. (Index)
9-17 (a) Failure to provide or to timely provide any of the
9-18 information or notifications required by this chapter
9-19 shall not subject the person responsible for such
9-20 notification or that person's employer to any liability
9-21 for damages.
9-22 (b) Failure to provide a victim with any of the rights
9-23 required by law shall not give an accused a basis for
9-24 error in either an appellate action or a post-conviction
9-25 writ of habeas corpus.
9-26 (c) This chapter does not confer upon a victim any
9-27 standing to participate as a party in a criminal
9-28 proceeding or to contest the disposition of any charge.
9-29 (d) The enumeration of these rights shall not be construed
9-30 to deny or diminish other notification rights granted by
9-31 state law.
9-32 (e) The victim may waive any of the information or
9-33 notification or other rights provided for by this
9-34 chapter."
SECTION 3.
9-35 Chapter 1 of Title 42 of the Official Code of Georgia
9-36 Annotated, relating to penal institutions and penal matters
9-37 in general, is amended by striking Code Section 42-1-11,
9-38 relating to crime victim notification, and inserting in its
9-39 place a new Code Section 42-1-11 to read as follows:
H. B. No. 170
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10- 1 "42-1-11. (Index)
10- 2 (a) As used in this Code section, the term: (1) 'Commissioner' means the commissioner of
10- 4 corrections.
10- 5 (2)(1) 'Crime' means an act committed in this state
10- 6 which constitutes a crime as defined by state or federal
10- 7 law and which results in physical injury or death to the
10- 8 victim any violation of Chapter 5 of Title 16, relating
10- 9 to crimes against persons; Chapter 6 of Title 16,
10-10 relating to sexual offenses; Article 1 or Article 3 of
10-11 Chapter 7 of Title 16, relating to burglary and arson;
10-12 or Article 1 or Article 2 of Chapter 8 of Title 16,
10-13 relating to offenses involving theft and armed robbery.
10-14 (3)(2) 'Crime against the person or sexual offense'
10-15 means any crime provided for in Chapter 5 or 6 of Title
10-16 16.
10-17 (3) 'Custodial authority' means the commissioner of
10-18 corrections if the offender is in the physical custody
10-19 of the state, or the sheriff if the offender is
10-20 incarcerated in a county jail, or the warden if the
10-21 offender is incarcerated in a county correctional
10-22 institution.
10-23 (4) 'Offender' means a person sentenced to a term of
10-24 incarceration in a state or county correctional
10-25 institution. (5) 'Victim' means a person who suffers personal
10-27 physical injury or death as a result of a crime and
10-28 shall include members of the immediate family of a
10-29 victim who dies as the result of a crime and the parents
10-30 and guardians of victims who are minors.
10-31 (b) If the identity of a victim of a crime has been
10-32 verified by the prosecuting attorney, who has, at the
10-33 request of such victim, mailed a letter to the
10-34 commissioner of corrections custodial authority requesting
10-35 that the victim be notified of a change in the custodial
10-36 status of an offender, then the commissioner of
10-37 corrections or the commissioner's designee custodial
10-38 authority shall make a good faith effort to notify the
10-39 victim that the offender is to be released from
10-40 imprisonment, including release on extended furlough;
10-41 transferred to work release; released by mandatory release
10-42 upon expiration of sentence; or has escaped from
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11- 1 confinement; or if the offender has died. The good faith
11- 2 effort to notify the victim must occur prior to the
11- 3 release or transfer noted in this subsection. For a victim
11- 4 of a felony crime against the person or sexual offense for
11- 5 which the offender was sentenced to a term of imprisonment
11- 6 of more than 18 months, the good faith effort to notify
11- 7 the victim must occur no later than ten days before the
11- 8 offender's release from imprisonment, transfer to or
11- 9 release from work release, or as soon thereafter as is
11-10 practical in situations involving emergencies.
11-11 (c) The notice given to a victim of a crime against a
11-12 person or sexual offense must include the conditions
11-13 governing the offender's release or transfer and either
11-14 the identity of the corrections agent or the county
11-15 officer who will be supervising the offender's release or
11-16 a means to identify the agency that will be supervising
11-17 the offender's release. The commissioner of corrections
11-18 or the commissioner's designee custodial authority
11-19 complies with this Code section upon mailing the notice of
11-20 impending release to the victim at the address which the
11-21 victim has most recently provided to the commissioner or
11-22 custodial authority in writing.
11-23 (d) If an offender escapes from imprisonment or
11-24 incarceration, including from release on extended furlough
11-25 or work release, the commissioner or other custodial
11-26 authority shall make all reasonable efforts to notify a
11-27 victim who has requested notice of the offender's release
11-28 under subsection (b) of this Code section within six hours
11-29 after discovering the escape, or as soon thereafter as is
11-30 practical, and shall also make reasonable efforts to
11-31 notify the victim within 24 hours after the offender is
11-32 apprehended or as soon thereafter as is practical. In
11-33 emergencies, telephone notification for the victim will be
11-34 attempted and the results documented in the offender's
11-35 central file.
11-36 (e) All identifying information regarding the victim,
11-37 including the victim's request and the notice provided by
11-38 the commissioner or the commissioner's designee custodial
11-39 authority, shall be confidential and accessible only to
11-40 the victim. It is the responsibility of the victim to
11-41 provide the commissioner custodial authority with a
11-42 current address.
11-43 (f) A designated official in the Department of
11-44 Corrections, the county correctional facility, and the
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12- 1 sheriff's office shall coordinate the receipt of all
12- 2 victim correspondence and shall monitor staff responses to
12- 3 requests for such notification from victims of crime.
12- 4 (g) The commissioner and the Department of Corrections
12- 5 custodial authority shall not be liable for a failure to
12- 6 notify the victim."
SECTION 4.
12- 7 All laws and parts of laws in conflict with this Act are
12- 8 repealed.
H. B. No. 170
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97