Georgia House of Representatives - 1995/1996 Sessions

HB 959 - Trial upon accusation; cert theft, forgery, controlled subst charges

Page Numbers - 1/ 2

1. Barnes  33rd


House Comm: Judy       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              3/7/95   Read 1st Time                                                                
              3/8/95   Read 2nd Time                                                                
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Code Sections amended:                                                                              


HB 959                                          LC 15 4155ER






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 17-7-70.1 of the Official Code of
  1- 2  Georgia Annotated, relating to trial upon accusations in
  1- 3  certain felony and misdemeanor cases, so as to provide that
  1- 4  certain theft offenses may be tried on accusations; to
  1- 5  provide that all crimes involving forgery and fraudulent
  1- 6  practices and controlled substances may be tried on
  1- 7  accusation; to provide for other matters relative to the
  1- 8  foregoing; to provide for an effective date; 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  Code Section 17-7-70.1 of the Official Code of Georgia
  1-12  Annotated, relating to trial upon accusations in certain
  1-13  felony and misdemeanor cases, is amended by striking
  1-14  subsection (a) of said Code section in its entirety and
  1-15  inserting in lieu thereof the following:

  1-16    "(a) In felony cases involving violations of Code Sections
  1-17    16-8-2, 16-8-14, 16-8-18, 16-9-1, 16-9-2, 16-9-20,
  1-18    16-9-31, 16-9-33, 16-9-37, Article 1 of Chapter 8 of Title
  1-19    16, relating to theft, Article 3 of Chapter 8 of Title 16,
  1-20    relating to criminal reproduction and sale of recorded
  1-21    material, Article 4 of Chapter 8 of Title 16, relating to
  1-22    motor vehicle chop shops, Chapter 9 of Title 16, relating
  1-23    to forgery and fraudulent practices, Code Section
  1-24    16-10-52, Chapter 13 of Title 16, relating to controlled
  1-25    substances, and Code Section 40-5-58, in which defendants
  1-26    have either been bound over to the superior court or have
  1-27    expressly waived a commitment hearing, the district
  1-28    attorney shall have authority to prefer accusations, and
  1-29    the defendants shall be tried on such accusations
  1-30    according to the same rules of substantive and procedural
  1-31    laws relating to defendants who have been indicted by a
  1-32    grand jury. All laws relating to rights and
  1-33    responsibilities attendant to indicted cases shall be
  1-34    applicable to cases brought by accusations signed by the


                                 -1- (Index)

                                                LC 15 4155ER

  2- 1    district attorney.  The accusation need not be supported
  2- 2    by an affidavit except in those cases in which the
  2- 3    defendant has not been previously arrested in conjunction
  2- 4    with the transaction charged in the accusation."

                         SECTION 2.

  2- 5  This Act shall become effective upon its approval by the
  2- 6  Governor or upon its becoming law without such approval.

                         SECTION 3.

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




































                                 -2- (Index)