Georgia House of Representatives - 1995/1996 Sessions

HB 178 - Asst dist attys; additional appts; crime victims' advocate

Page Numbers - 1/ 2

1. Baker  70th            2. Bordeaux  151st         3. Orrock  56th


House Comm: Judy       /                Senate Comm: Judy       /               
House Vote: Yeas 165   Nays 1           Senate Vote: Yeas 47  Nays 0            
              ----------------------------------------                          
               House          Action         Senate                             
              ----------------------------------------                          
              1/12/95  Read 1st Time         2/14/95                            
              1/13/95  Read 2nd Time         3/1/95                             
              2/8/95   Favorably Reported    2/28/95                            
              Sub      Committee Amend/Sub                                      
              2/13/95  Read 3rd Time         3/9/95                             
              2/13/95  Passed/Adopted        3/9/95                             
              CS       Comm/Floor Amend/Sub                                     
              3/23/95  Sent to Governor                                         
              4/10/95  Signed by Governor                                       
              290      Act/Veto Number                                          
              7/1/95   Effective Date                                           
              ----------------------------------------                          
                                                                                
Code Sections amended: 15-18-6, 15-18-14                                        


HB 178                                           LC 22 1577S






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 1 of Chapter 18 of Title 15 of the Official
  1- 2  Code of Georgia Annotated, relating to general provisions
  1- 3  regarding district attorneys, so as to provide for
  1- 4  additional duties of district attorneys; to authorize the
  1- 5  appointment of additional assistant district attorneys,
  1- 6  subject to certain conditions; to provide for duties of
  1- 7  assistant district attorneys with respect to rights of
  1- 8  victims of crimes; to provide for related matters; to repeal
  1- 9  conflicting laws; and for other purposes.

  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-11  Article 1 of Chapter 18 of Title 15 of the Official Code of
  1-12  Georgia Annotated, relating to general provisions regarding
  1-13  district attorneys, is amended in Code Section 15-18-6,
  1-14  relating to duties of district attorneys, by striking "and"
  1-15  at the end of paragraph (9), redesignating paragraph (10) as
  1-16  paragraph (11), and by inserting a new paragraph immediately
  1-17  following paragraph (9), to be designated paragraph (10), to
  1-18  read as follows:

  1-19      "(10) To assist victims and witnesses of crimes through
  1-20      the complexities of the criminal justice system and
  1-21      ensure the victims of crimes are apprised of the rights
  1-22      afforded them under the law; and".

                         SECTION 2.

  1-23  Said article is further amended by striking subsection (b)
  1-24  of Code Section 15-18-14, relating to assistant district
  1-25  attorneys, and inserting in its place a new subsection (b)
  1-26  to read as follows:

  1-27      "(b)(1) Subject to the provisions of this Code section,
  1-28      the district attorney in each judicial circuit is
  1-29      authorized to appoint as many attorneys as there are
  1-30      superior court judges in the circuit, excluding senior
  1-31      judges, to assist the district attorney in the



                                 -1- (Index)

                                                 LC 22 1577S

  2- 1      performance of the duties of the district attorney's
  2- 2      office.

  2- 3      (2) In addition to the attorneys appointed pursuant to
  2- 4      paragraph (1) of this subsection and subject to
  2- 5      available funding, the district attorney in each
  2- 6      judicial circuit is authorized to appoint one additional
  2- 7      attorney to assist the district attorney in the
  2- 8      performance of the duties of the district attorney's
  2- 9      office.

  2-10      (3) In addition to all other duties set forth in this
  2-11      Code section and consistent with their constitutional
  2-12      and statutory duties, all attorneys appointed pursuant
  2-13      to paragraphs (1) and (2) of this subsection shall act
  2-14      to protect the rights of victims of crimes as now or in
  2-15      the future may be defined by applicable law.

  2-16      (4) Subject to the availability of funding and at the
  2-17      option of the Department of Human Resources, the
  2-18      district attorney in each judicial circuit is authorized
  2-19      to appoint at least one assistant district attorney to
  2-20      perform duties described specifically under Code
  2-21      Sections 19-11-23 and 19-11-53 and generally under
  2-22      Article 1 of Chapter 11 of Title 19, the 'Child Support
  2-23      Recovery Act,' and Article 2 of Chapter 11 of Title 19,
  2-24      the 'Uniform Reciprocal Enforcement of Support Act.'
  2-25      The district attorney retains the authority to appoint
  2-26      one or more assistant district attorneys, who shall be
  2-27      county employees, to perform the aforementioned
  2-28      statutory duties, so long as such appointments are
  2-29      pursuant to a contract for such services with the
  2-30      Department of Human Resources.  Once the election to
  2-31      make this position a state position is made, under this
  2-32      statutory provision, it shall be irrevocable.
  2-33      Contractual funds shall be paid by the Department of
  2-34      Human Resources to the Department of Administrative
  2-35      Services in accordance with the compensation provisions
  2-36      of this Code section, or at the election of the
  2-37      appointed attorney, to the appointed attorney's judicial
  2-38      circuit, in accordance with the compensation provisions
  2-39      of that judicial circuit."

                         SECTION 3.

  2-40  All laws and parts of laws in conflict with this Act are
  2-41  repealed.




                                 -2- (Index)