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SB 27 - Warrant for Arrest of Cert. Tea- chers, Administrators - issuance

Johnson, Eric B (1st)	Marable, Richard O (52nd)	Smith, Faye (25th)
Jackson, Carol (50th)

Status Summary	SC:	Judy	HC:	Judy	FR:	01/15/99	LA:	05/01/00	Signed by Governor

First Reader Summary

A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, so as to provide that any warrant for the arrest of a teacher or school administrator for any offense alleged to have been committed while in the performance of his or her duties may be issued only by a judge of a superior court, a judge of a state court, or a judge of a probate court; to provide for an effective date and for applicability.

Code Sections - 17-4-40

SB 27  00                                             SB27/AP 
 
      SENATE BILL 27 
 
      By:  Senators Johnson of the 1st, Marable of the 52nd, 
           Smith of the 25th and Jackson of the 50th 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 3 of Chapter 4 of Title 17 of the Official 
  1- 2  Code of Georgia Annotated, relating to warrants for arrest, 
  1- 3  so as to change provisions relating to issuance of warrants 
  1- 4  for arrest; to provide for issuance of a warrant based upon 
  1- 5  information from persons other than peace officers or law 
  1- 6  enforcement officers after attempted notice and hearing; to 
  1- 7  provide for exceptions; to provide for procedures and rules 
  1- 8  regarding evidence and cross-examination at the warrant 
  1- 9  application hearing; to provide that a warrant shall not be 
  1-10  quashed and evidence shall not be suppressed in certain 
  1-11  circumstances; to provide that a warrant for the arrest of a 
  1-12  teacher or school administrator for an offense alleged to 
  1-13  have been committed in the performance of his or her duties 
  1-14  may be issued only by a judge of a specified court; to 
  1-15  provide for an effective date; to repeal conflicting laws; 
  1-16  and for other purposes. 
 
  1-17       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-18                           SECTION 1. 
 
  1-19  Article 3 of Chapter 4 of Title 17 of the Official Code of 
  1-20  Georgia Annotated, relating to warrants for arrest, is 
  1-21  amended by striking in its entirety Code Section 17-4-40, 
  1-22  relating to persons who may issue warrants for the arrest of 
  1-23  offenders against penal laws and for the arrest of peace 
  1-24  officers, and inserting in its place the following: 
 
  1-25    "17-4-40. 
 
  1-26    (a) Any judge of a superior, city, state, or magistrate 
  1-27    court or any municipal officer clothed by law with the 
  1-28    powers of a magistrate may issue his a warrant for the 
  1-29    arrest of any offender against the penal laws, based on 
  1-30    probable cause either on his the judge's or officer's own 
  1-31    knowledge or on the information of others given to him the 
  1-32    judge or officer under oath.  Any retired judge or judge 
  1-33    emeritus of a state court may likewise issue arrest 
  1-34    warrants if authorized in writing to do so by an active 
 
 
 
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  2- 1    judge of the state court of the county wherein the 
  2- 2    warrants are to be issued. 
 
  2- 3      (b)(1) If application is made for a warrant by a person 
  2- 4      other than a peace officer or law enforcement officer 
  2- 5      and the application alleges the commission of an offense 
  2- 6      against the penal laws, the judge or other officer shall 
  2- 7      schedule a warrant application hearing as provided in 
  2- 8      this subsection unless the person accused has been taken 
  2- 9      into custody by a peace officer or law enforcement 
  2-10      officer or except as provided in paragraph (6) of this 
  2-11      subsection. 
 
  2-12      (2) Except as otherwise provided in paragraph (6) of 
  2-13      this subsection, a warrant application hearing shall be 
  2-14      conducted only after attempting to notify the person 
  2-15      whose arrest is sought by any means approved by the 
  2-16      judge or other officer which is reasonably calculated to 
  2-17      apprise such person of the date, time, and location of 
  2-18      the hearing. 
 
  2-19      (3) If the person whose arrest is sought does not appear 
  2-20      for the warrant application hearing, the judge or other 
  2-21      officer shall proceed to hear the application and shall 
  2-22      note on the warrant application that such person is not 
  2-23      present. 
 
  2-24      (4) At the warrant application hearing, the rules 
  2-25      regarding admission of evidence at a commitment hearing 
  2-26      shall apply.  The person seeking the warrant shall have 
  2-27      the customary rights of presentation of evidence and 
  2-28      cross-examination of witnesses.  The person whose arrest 
  2-29      is sought may cross-examine the person or persons 
  2-30      applying for the warrant and any other witnesses 
  2-31      testifying in support of the application at the hearing. 
  2-32      The person whose arrest is sought may present evidence 
  2-33      that probable cause does not exist for his or her 
  2-34      arrest.  The judge or other officer shall have the right 
  2-35      to limit the presentation of evidence and the 
  2-36      cross-examination of witnesses to the issue of probable 
  2-37      cause. 
 
  2-38      (5) At the warrant application hearing, a determination 
  2-39      shall be made whether or not probable cause exists for 
  2-40      the issuance of a warrant for the arrest of the person 
  2-41      whose arrest is sought. If the judge or other officer 
  2-42      finds that probable cause exists, the warrant may issue 
  2-43      instanter. 
 
 
 
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  3- 1      (6) Nothing in this subsection shall be construed as 
  3- 2      prohibiting a judge or other officer from immediately 
  3- 3      issuing a warrant for the arrest of a person upon 
  3- 4      application of a person other than a peace officer or 
  3- 5      law enforcement officer if the judge or other officer 
  3- 6      determines from the application or other information 
  3- 7      available to the judge or other officer that: 
 
  3- 8        (A) An immediate or continuing threat exists to the 
  3- 9        safety or well-being of the affiant or a third party; 
 
  3-10        (B) The person whose arrest is sought will attempt to 
  3-11        evade arrest or otherwise obstruct justice if notice 
  3-12        is given; 
 
  3-13        (C) The person whose arrest is sought is incarcerated 
  3-14        or otherwise in the custody of a local, state, or 
  3-15        federal law enforcement agency; 
 
  3-16        (D) The person whose arrest is sought is a fugitive 
  3-17        from justice; 
 
  3-18        (E) The offense for which application for a warrant is 
  3-19        made is deposit account fraud under Code Section 
  3-20        16-9-20, and the person whose arrest is sought has 
  3-21        previously been served with the ten-day notice as 
  3-22        provided in paragraph (2) of subsection (a) of Code 
  3-23        Section 16-9-20; or 
 
  3-24        (f) The offense for which application for the warrant 
  3-25        is made consists of an act of family violence as 
  3-26        defined in Code Section 19-13-1. 
 
  3-27      In the event that the judge or officer finds such 
  3-28      circumstances justifying dispensing with the requirement 
  3-29      of a warrant application hearing, the judge or officer 
  3-30      shall note such circumstances on the face of the warrant 
  3-31      application. 
 
  3-32      (7) No warrant shall be quashed nor evidence suppressed 
  3-33      because of any irregularity in proceedings conducted 
  3-34      pursuant to this subsection not affecting the 
  3-35      substantial rights of the accused under the Constitution 
  3-36      of this state or of the United States. 
 
  3-37    (c) Any warrant for the arrest of a peace officer, law 
  3-38    enforcement officer, teacher, or school administrator for 
  3-39    any offense alleged to have been committed while in the 
  3-40    performance of his or her duties may be issued only by a 
 
 
 
 
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  4- 1    judge of a superior court, a judge of a state court, or a 
  4- 2    judge of a probate court." 
 
  4- 3                           SECTION 2. 
 
  4- 4  This Act shall become effective July 1, 2000. 
 
  4- 5                           SECTION 3. 
 
  4- 6  All laws and parts of laws in conflict with this Act are 
  4- 7  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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