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| Georgia General Assembly |
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repealed.