Georgia House of Representatives - 1995/1996 Sessions

HB 259 - Jury Power Restoration Act; enact

Page Numbers - 1/ 2

Code Sections - 15-12-143

1. Joyce  1st


House Comm: Judy       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/13/95  Read 1st Time                                                                
              1/23/95  Read 2nd Time                                                                
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Code Sections amended:                                                                              


HB 259                                             LC 9 8047






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Part 1 of Article 5 of Chapter 12 of Title 15 of
  1- 2  the Official Code of Georgia Annotated, relating to trial
  1- 3  juries in general, so as to provide a short title; to
  1- 4  provide for authority; to provide that an accused or
  1- 5  aggrieved party's right to trial by jury, in all instances
  1- 6  where the government or any of its agencies is an opposing
  1- 7  party, includes the right to inform the jurors of their
  1- 8  power to judge the law as well as the evidence, and to vote
  1- 9  on the verdict according to conscience; to prohibit the
  1-10  infringement of this right by certain acts or practices; to
  1-11  provide for grounds for mistrials and new trials; to repeal
  1-12  conflicting laws; and for other purposes.

  1-13       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-14  Part 1 of Article 5 of Chapter 12 of Title 15 of the
  1-15  Official Code of Georgia Annotated, relating to trial juries
  1-16  in general, is amended by adding at the end thereof a new
  1-17  Code Section 15-12-143 to read as follows:

  1-18    "15-12-143. (Index)

  1-19    (a) This Code section shall be known and may be cited as
  1-20    the 'Jury Power Restoration Act.'

  1-21    (b) This Code section is enacted pursuant to Article I,
  1-22    Section I, Paragraph XI(a) of the Constitution of the
  1-23    State of Georgia.

  1-24    (c) An accused or aggrieved party's right to trial by
  1-25    jury, in all instances where the government or any of its
  1-26    agencies is an opposing party, includes the right to
  1-27    inform the jurors of their power to judge the law as well
  1-28    as the evidence and to vote on the verdict according to
  1-29    conscience.  This right shall not be infringed by any
  1-30    statute, juror oath, court order, or procedure or practice
  1-31    of the court, including the use of any method of jury
  1-32    selection which could preclude or limit the empanelment of



                                 -1- (Index)

                                                   LC 9 8047

  2- 1    jurors willing to exercise this power; nor shall this
  2- 2    right be infringed by preventing any party to the trial,
  2- 3    once the jurors have been informed of their powers, from
  2- 4    presenting arguments to the jury which may pertain to
  2- 5    issues of law and conscience, including (1) the merit,
  2- 6    intent, constitutionality, or applicability of the law in
  2- 7    the instant case; (2) the motives, moral perspective, or
  2- 8    circumstances of the accused or aggrieved party; (3) the
  2- 9    degree and direction of guilt or actual harm done; or (4)
  2-10    the sanctions which may be applied to the losing party.
  2-11    Failure to allow the accused or aggrieved party or counsel
  2-12    for that party to so inform the jury shall be grounds for
  2-13    mistrial and another trial by jury."

                         SECTION 2.

  2-14  All laws and parts of laws in conflict with this Act are
  2-15  repealed.































                                 -2- (Index)