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SB36.html
01 LC 29 0188S


The House Committee on Special Judiciary offered the following substitute to SB 36:




A BILL TO BE ENTITLED
AN ACT

To amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bail, so as to require persons on bail for family violence offenses, who are again arrested for family violence, to have a judge set bail after a hearing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bail, is amended by renumbering paragraphs (4) and (5) of subsection (f) as paragraphs (5) and (6), respectively, and by inserting a new paragraph (4) to read as follows:
"(4) For offenses involving an act of family violence, as defined in Code Section 19-13-1, the judge shall be provided with a criminal history of the defendant and the criminal history shall be considered prior to setting of bail. If the criminal history shows that the defendant is currently on bail for any offense involving a physical injury, an attempt to commit a physical injury, terroristic threats, stalking, or aggravated stalking, the new offense shall only be baliable after a hearing for which the victim and the prosecuting attorney´s office or investigating law enforcement officer have been given reasonable notice. As used in this Code section, reasonable notice means written notice when time permits or, failing written notice, a documented effort to reach the party to be notified by telephonic or other means."

SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.