HB1169.html

To amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts generally, so as to provide that misdemeanor offenses or ordinance violations tried in municipal courts may be tried upon a citation or an accusation; to amend Code Section 17-7-71, relating to trial of misdemeanors upon accusations, trial of misdemeanor motor vehicle violations upon citations, form and contents of accusations, amendment and service of accusations, and continuances, so as to change certain provisions relating to use of accusations in misdemeanor cases; to provide that citations may be amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts generally, is amended by inserting a new Code section to read as follows:
"36-32-10.2.
Notwithstanding any other contrary provision of law, in municipal courts which have jurisdiction over misdemeanor offenses or ordinance violations, such offenses or violations may be tried upon a uniform traffic citation, summons, citation, or an accusation."

Code Section 17-7-71 of the Official Code of Georgia Annotated, relating to trial of misdemeanors upon accusations, trial of misdemeanor motor vehicle violations upon citations, form and contents of accusations, amendment and service of accusations, and continuances, is amended by striking subsections (a) and (f) and inserting in lieu thereof the following:
"(a) In all misdemeanor cases ~~in superior, state, or county courts~~, the defendant may be tried upon an accusation framed and signed by the prosecuting attorney of the court. The accusation need not be supported by an affidavit except in those cases where the defendant has not been previously arrested in conjunction with the transaction charged in the accusation and where the accusation is to be used as the basis for the issuance of a warrant for the arrest of the defendant."
"(f) Prior to trial, the prosecuting attorney may amend the accusation, summons, or any citation to allege or to change the allegations regarding any offense arising out of the same conduct of the defendant which gave rise to any offense alleged or attempted to be alleged in the original accusation, summons, or citation. A copy of any such amendment shall be served upon the defendant or his or her counsel and the original filed with the clerk of the court. On motion, the court shall grant the defendant a continuance which is reasonably necessitated by an amendment. If any additional charges against the defendant are made the judge shall advise the defendant that he or she has an automatic right to a continuance."