Georgia House of Representatives - 1995/1996 Sessions

HB 54 - Crime victims notification; custodial release or bail hearing

Page Numbers - 1/ 2/ 3

Code Sections - 16-5-100

1. Hembree  98th          2. Snelling  99th          3. Lewis  14th
4. Barnard  154th         5. Brown  130th


House Comm: SJudy      /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/9/95   Read 1st Time                                                                
              1/10/95  Read 2nd Time                                                                
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Rules Suspended to Introduce                                                                        
                                                                                                    
Code Sections amended: 16-5-100                                                                     


HB 54                                             LC 16 3880






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Chapter 5 of Title 16 of the Official Code of
  1- 2  Georgia Annotated, relating to crimes against the person, so
  1- 3  as to provide for notice to the victim of any felony prior
  1- 4  to the release from custody of any person arrested and
  1- 5  charged with such offense; to provide for definitions; to
  1- 6  provide for related matters; to repeal conflicting laws; and
  1- 7  for other purposes.

  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 9  Chapter 5 of Title 16 of the Official Code of Georgia
  1-10  Annotated, relating to crimes against the person, is amended
  1-11  by adding a new Article 8 to read as follows:

                         "ARTICLE 8

  1-12    16-5-100. (Index)

  1-13    (a) The victim of any felony shall be entitled to notice
  1-14    of the release from custody of the person arrested for and
  1-15    charged with the felony against such person and to notice
  1-16    of any hearing on the issue of bail for such person.  No
  1-17    such notice shall be required unless the victim provides a
  1-18    landline telephone number other than a pocket pager or
  1-19    electronic communication device number to which such
  1-20    notice can be directed.

  1-21    (b) The law enforcement agency, prosecutor, or court
  1-22    directly involved with the victim at the outset of a
  1-23    criminal prosecution for any felony shall advise the
  1-24    victim of his or her right to notice and of the
  1-25    requirement of the victim's providing a landline telephone
  1-26    number other than a pocket pager or electronic
  1-27    communication device number to which the notice of
  1-28    custodial release or bail hearing can be directed.  Such
  1-29    victim shall transmit the telephone number described in
  1-30    this subsection to the court and custodian of the person
  1-31    charged with a felony.



                                 -1- (Index)

                                                  LC 16 3880

  2- 1    (c) Upon receipt of the telephone number, the custodian of
  2- 2    any person charged with a felony shall take reasonable and
  2- 3    necessary steps under the circumstances to notify the
  2- 4    victim of the person's release from custody.  Such notice
  2- 5    shall, at a minimum, include:

  2- 6      (1) Prior to the person's release, placing a telephone
  2- 7      call to the number provided by the victim and giving
  2- 8      notice to the victim or any person answering the
  2- 9      telephone who appears to be sui juris or by leaving an
  2-10      appropriate message on a telephone answering machine;
  2-11      and

  2-12      (2) Following the person's release, if the custodian is
  2-13      unable to notify the victim by the method provided in
  2-14      paragraph (1) of this subsection, telephoning the number
  2-15      provided by the victim no less than two times within one
  2-16      hour of custodial release and giving notice to the
  2-17      victim or to any person answering the telephone who
  2-18      appears to be sui juris or by leaving an appropriate
  2-19      message on a telephone answering machine.

  2-20    (d) Upon receipt of the telephone number, the court
  2-21    conducting a hearing on the issue of bail shall take
  2-22    reasonable and necessary steps under the circumstances to
  2-23    notify the victim of any scheduled hearing on the issue of
  2-24    bail.  Such notice shall, at a minimum, include placing a
  2-25    telephone call to the number provided by the victim prior
  2-26    to any scheduled hearing on the issue of bail.

  2-27    (e) Notwithstanding any other provision of this Code
  2-28    section, a scheduled bail hearing or the release of a
  2-29    person charged with a felony shall not be delayed solely
  2-30    for the purpose of effectuating notice pursuant to this
  2-31    Code section for a period of more than 30 minutes.

  2-32    (f) Upon the person's release or escape from custody after
  2-33    conviction and service of all or a portion of a sentence,
  2-34    notification to the victim shall be provided by the State
  2-35    Board of Pardons and Paroles as set forth in Code Sections
  2-36    42-9-46 and 42-9-47.

  2-37    (g) This Code section shall not apply to a custodian who
  2-38    is transferring a person charged with a felony to another
  2-39    custodian in this state.

  2-40    (h) As used in this Code section, the term 'custodian'
  2-41    means a warden, sheriff, jailer, deputy sheriff, police
  2-42    officer, officer or employee of the Department of Children



                                 -2- (Index)

                                                  LC 16 3880

  3- 1    and Youth Services, or any other law enforcement officer
  3- 2    having actual custody of an inmate.

  3- 3    (i) A custodian or his or her employing agency shall not
  3- 4    be liable in damages for a failure to provide the notice
  3- 5    required by this Code section, but the custodian shall be
  3- 6    subject to appropriate disciplinary action including
  3- 7    termination for such failure."

                         SECTION 2.

  3- 8  All laws and parts of laws in conflict with this Act are
  3- 9  repealed.





































                                 -3- (Index)