HB 56 - Bailable offenses; felonies; victim notification
Georgia House of Representatives - 1995/1996 Sessions
HB 56 - Bailable offenses; felonies; victim notification
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6
Code Sections - 17-6-1
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
1/24/95 Unfavorably Reported
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Rules Suspended to Introduce
Code Sections amended: 17-6-1
HB 56 LC 16 3881
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Code Section 17-6-1 of the Official Code of Georgia
1- 2 Annotated, relating to where offenses are bailable and
1- 3 procedures, so as to provide that no person charged with a
1- 4 felony shall be granted bond without appearing before a
1- 5 judge of the superior court; to provide that the victim of
1- 6 any felony shall be notified of the bond hearing of such
1- 7 offender; to provide that the victim shall be permitted to
1- 8 request denial of bond for such offender; to provide for
1- 9 related matters; to repeal conflicting laws; and for other
1-10 purposes.
1-11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-12 Code Section 17-6-1 of the Official Code of Georgia
1-13 Annotated, relating to where offenses are bailable and
1-14 procedures, is amended by striking said Code section in its
1-15 entirety and inserting in lieu thereof the following:
1-16 "17-6-1. (Index)
1-17 (a) All felonies The following offenses are bailable only
1-18 before a judge of the superior court: (1) Treason; (2) Murder; (3) Rape; (4) Aggravated sodomy; (5) Armed robbery; (6) Aircraft hijacking and hijacking a motor vehicle; (7) Aggravated child molestation; (8) Manufacturing, distributing, delivering, dispensing,
1-27 administering, selling, or possessing with intent to
1-28 distribute any controlled substance classified under
-1- (Index)
LC 16 3881
2- 1 Code Section 16-13-25 as Schedule I or under Code
2- 2 Section 16-13-26 as Schedule II; (9) Violating Code Section 16-13-31, relating to
2- 4 trafficking in cocaine or marijuana; and (10) Kidnapping, arson, aggravated assault, or burglary
2- 6 if the person, at the time of the alleged kidnapping,
2- 7 arson, aggravated assault, or burglary, had previously
2- 8 been convicted of, was on probation or parole with
2- 9 respect to, or was on bail for kidnapping, arson,
2-10 aggravated assault, burglary, or one or more of the
2-11 offenses listed in paragraphs (1) through (9) of this
2-12 subsection. No person charged with a felony shall be
2-13 granted a bond without a hearing before a judge of the
2-14 superior court at which time the victim or victims of
2-15 such felony shall be allowed to request the denial of
2-16 bond for such person charged with the felony offense
2-17 against such victim or victims.
2-18 (b)(1) All offenses not included in subsection (a) of
2-19 this Code section are bailable by a court of inquiry.
2-20 At no time, either before a court of inquiry, when
2-21 indicted, after a motion for new trial is made, or while
2-22 an appeal is pending, shall any person charged with a
2-23 misdemeanor be refused bail.
2-24 (2) Except as otherwise provided in this chapter:
2-25 (A) A person charged with violating Code Section
2-26 40-6-391 whose alcohol concentration at the time of
2-27 arrest, as determined by any method authorized by law,
2-28 violates that provided in paragraph (4) of subsection
2-29 (a) of Code Section 40-6-391 may be detained for a
2-30 period of time up to six hours after booking and prior
2-31 to being released on bail or on recognizance; and
2-32 (B) When an arrest is made by a law enforcement
2-33 officer without a warrant upon an act of family
2-34 violence pursuant to Code Section 17-4-20, the person
2-35 charged with the offense shall not be eligible for
2-36 bail prior to the arresting officer or some other law
2-37 enforcement officer taking the arrested person before
2-38 a judicial officer pursuant to Code Section 17-4-21.
2-39 (3)(A) Notwithstanding any other provision of law, a
2-40 judge of a court of inquiry may, as a condition of
2-41 bail or other pretrial release of a person who is
2-42 charged with violating Code Section 16-5-90 or
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LC 16 3881
3- 1 16-5-91, prohibit the defendant from entering or
3- 2 remaining present at the victim's school, place of
3- 3 employment, or other specified places at times when
3- 4 the victim is present or intentionally following such
3- 5 person.
3- 6 (B) If the evidence shows that the defendant has
3- 7 previously violated the conditions of pretrial release
3- 8 or probation or parole which arose out of a violation
3- 9 of Code Section 16-5-90 or 16-5-91, the judge of a
3-10 court of inquiry may impose such restrictions on the
3-11 defendant which may be necessary to deter further
3-12 stalking of the victim, including but not limited to
3-13 denying bail or pretrial release.
3-14 (c)(1) In the event a person is detained in a facility
3-15 other than a municipal jail for an offense which is
3-16 bailable only before a judge of the superior court, as
3-17 provided in subsection (a) of this Code section, and a
3-18 hearing is held pursuant to Code Section 17-4-26 or
3-19 17-4-62, the presiding judicial officer shall notify the
3-20 superior court in writing within 48 hours that the
3-21 arrested person is being held without bail. If the
3-22 detained person has not already petitioned for bail as
3-23 provided in subsection (d) of this Code section, the
3-24 superior court shall notify the district attorney and
3-25 shall set a date for a hearing on the issue of bail
3-26 within 30 days after receipt of such notice.
3-27 (2) In the event a person is detained in a municipal
3-28 jail for an offense which is bailable only before a
3-29 judge of the superior court as provided in subsection
3-30 (a) of this Code section for a period of 30 days, the
3-31 municipal court shall notify the superior court in
3-32 writing within 48 hours that the arrested person has
3-33 been held for such time without bail. If the detained
3-34 person has not already petitioned for bail as provided
3-35 in subsection (d) of this Code section, the superior
3-36 court shall notify the district attorney and set a date
3-37 for a hearing on the issue of bail within 30 days after
3-38 receipt of such notice.
3-39 (3) Notice sent to the superior court pursuant to
3-40 paragraph (1) or (2) of this subsection shall include
3-41 any incident reports and criminal history reports
3-42 relevant to the detention of such person.
-3- (Index)
LC 16 3881
4- 1 (d) A person charged with any offense which is bailable
4- 2 only before a judge of the superior court as provided in
4- 3 subsection (a) of this Code section may petition the
4- 4 superior court requesting that such person be released on
4- 5 bail. The court shall notify the district attorney and
4- 6 set a date for a hearing within ten days after receipt of
4- 7 such petition. The court shall give written notice to the
4- 8 victim or victims of any felony of the date of the hearing
4- 9 and the victim's or victims' right to appear at such
4-10 hearing to contest the granting of bond to such person.
4-11 (e) A court shall be authorized to release a person on
4-12 bail if, after opportunity for the victim of any felony to
4-13 address the court regarding the denial of bond to such
N offender, the court finds that the person:
4-15 (1) Poses no significant risk of fleeing from the
4-16 jurisdiction of the court or failing to appear in court
4-17 when required;
4-18 (2) Poses no significant threat or danger to any person,
4-19 to the community, or to any property in the community;
4-20 (3) Poses no significant risk of committing any felony
4-21 pending trial; and
4-22 (4) Poses no significant risk of intimidating witnesses
4-23 or otherwise obstructing the administration of justice.
4-24 (f)(1) Except as provided in subsection (a) of this Code
4-25 section, the judge of any court of inquiry may by
4-26 written order establish a schedule of bails and unless
4-27 otherwise ordered by the judge of any court, a person
4-28 charged with committing any offense shall be released
4-29 from custody upon posting bail as fixed in the schedule.
4-30 (2) For offenses involving an act of family violence, as
4-31 defined in Code Section 19-13-1, the schedule of bails
4-32 provided for in paragraph (1) of this subsection shall
4-33 require increased bail and shall include a listing of
4-34 specific conditions which shall include, but not be
4-35 limited to, having no contact of any kind or character
4-36 with the victim or any member of the victim's family or
4-37 household, not physically abusing or threatening to
4-38 physically abuse the victim, the immediate enrollment in
4-39 and participation in domestic violence counseling,
4-40 substance abuse therapy, or other therapeutic
4-41 requirements.
-4- (Index)
LC 16 3881
5- 1 (3) For offenses involving an act of family violence,
5- 2 the judge shall determine whether the schedule of bails
5- 3 and one or more of its specific conditions shall be
5- 4 used, except that any offense involving an act of family
5- 5 violence and serious injury to the victim shall be
5- 6 bailable only before a judge when the judge or the
5- 7 arresting officer is of the opinion that the danger of
5- 8 further violence to or harassment or intimidation of the
5- 9 victim is such as to make it desirable that the
5-10 consideration of the imposition of additional conditions
5-11 as authorized in this Code section should be made. Upon
5-12 setting bail in any case involving family violence, the
5-13 judge shall give particular consideration to the
5-14 exigencies of the case at hand and shall impose any
5-15 specific conditions as he or she may deem necessary. As
5-16 used in this Code section, the term 'serious injury'
5-17 means bodily harm capable of being perceived by a person
5-18 other than the victim and may include, but is not
5-19 limited to, substantially blackened eyes, substantially
5-20 swollen lips or other facial or body parts, substantial
5-21 bruises to body parts, fractured bones, or permanent
5-22 disfigurements and wounds inflicted by deadly weapons or
5-23 any other objects which, when used offensively against a
5-24 person, are capable of causing serious bodily injury.
5-25 (g) No appeal bond shall be granted to any person who has
5-26 been convicted of murder, rape, aggravated sodomy, armed
5-27 robbery, aggravated child molestation, kidnapping,
5-28 trafficking in cocaine or marijuana, or aircraft hijacking
5-29 and who has been sentenced to serve a period of
5-30 incarceration of seven years or more. The granting of an
5-31 appeal bond to a person who has been convicted of any
5-32 other crime shall be in the discretion of the convicting
5-33 court. Appeal bonds shall terminate when the right of
5-34 appeal terminates, and such bonds shall not be effective
5-35 as to any petition or application for writ of certiorari
5-36 unless the court in which the petition or application is
5-37 filed so specifies.
5-38 (h) Except in cases in which life imprisonment or the
5-39 death penalty may be imposed, a judge of the superior
5-40 court by written order may delegate the authority provided
5-41 for in this Code section to any judge of any court of
5-42 inquiry within such superior court judge's circuit.
5-43 However, such authority may not be exercised outside the
5-44 county in which said judge of the court of inquiry was
5-45 appointed or elected. The written order delegating such
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LC 16 3881
6- 1 authority shall be valid for a period of one year, but may
6- 2 be revoked by the superior court judge issuing such order
6- 3 at any time prior to the end of that one-year period.
6- 4 (i) As used in this Code section, the term 'bail' shall
6- 5 include the releasing of a person on such person's own
6- 6 recognizance.
6- 7 (j) For all persons who have been authorized by law or the
6- 8 court to be released on bail, sheriffs and constables
6- 9 shall accept such bail; provided, however, that the
6-10 sureties tendered and offered on the bond are approved by
6-11 the sheriff of the county in which the offense was
6-12 committed."
SECTION 2.
6-13 All laws and parts of laws in conflict with this Act are
6-14 repealed.
-6- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97