Georgia House of Representatives - 1995/1996 Sessions

HB 61 - Criminal cases; competency of counsel

Page Numbers - 1/ 2

Code Sections - 17-7-3

1. Walker  141st          2. Murphy  18th


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: 17-7-3                                                                       


HB 61                                              LC 9 7906






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 1 of Chapter 7 of Title 17 of the Official
  1- 2  Code of Georgia Annotated, relating to pretrial proceedings
  1- 3  in criminal cases, so as to provide procedures for the
  1- 4  determination of the competency, training, education,
  1- 5  experience, and ability of an attorney to provide effective
  1- 6  assistance of counsel in a criminal case; to provide for
  1- 7  notice and hearings; to provide for findings; to provide
  1- 8  that a finding by the trial court that an attorney is
  1- 9  competent and will provide effective assistance of counsel
  1-10  in a case shall be conclusive absent an abuse of discretion;
  1-11  to provide for other matters relative to the foregoing; to
  1-12  repeal conflicting laws; and for other purposes.

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

                         SECTION 1.

  1-14  Article 1 of Chapter 7 of Title 17 of the Official Code of
  1-15  Georgia Annotated, relating to pretrial proceedings in
  1-16  criminal cases, is amended by adding at the end thereof a
  1-17  new Code Section 17-7-3 to read as follows:

  1-18    "17-7-3. (Index)

  1-19    In each criminal case the trial judge shall, at the
  1-20    earliest opportunity and prior to trial, conduct a hearing
  1-21    for the purpose of determining the competency, training,
  1-22    education, experience, and ability of each attorney
  1-23    representing the accused to provide effective assistance
  1-24    of counsel in such criminal case.  The trial judge shall
  1-25    give notice of the hearing to the accused, to each
  1-26    attorney who has been retained by or appointed to
  1-27    represent the accused, and to the prosecuting attorney in
  1-28    such case.  Upon hearing evidence on such issues from each
  1-29    attorney retained by or appointed for the accused, from
  1-30    the accused, and from the prosecuting attorney, the trial
  1-31    judge may enter a finding that the attorney or attorneys
  1-32    will provide effective assistance of counsel, may require
  1-33    the attorney to associate another attorney, or may take



                                 -1- (Index)

                                                   LC 9 7906

  2- 1    such other action as the trial judge deems appropriate to
  2- 2    ensure that accused receives effective assistance of
  2- 3    counsel in such case.  Any finding made by the trial judge
  2- 4    pursuant to this Code section shall be conclusive and
  2- 5    shall be reversed only upon a showing of an abuse of
  2- 6    discretion by the trial judge."

                         SECTION 2.

  2- 7  All laws and parts of laws in conflict with this Act are
  2- 8  repealed.






































                                 -2- (Index)