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03
LC 29 0777S/AP
House Bill 90 (AS PASSED HOUSE
AND SENATE)
By: Representatives Boggs of the 145th, Bordeaux of the 125th, and Moraitakis of the 42nd, Post 4
By: Representatives Boggs of the 145th, Bordeaux of the 125th, and Moraitakis of the 42nd, Post 4
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Code Section 15-2-8 of the Official Code of Georgia
Annotated, relating to the powers of the Supreme Court generally, and Code
Section 35-3-33 of the Official Code of Georgia Annotated, relating to the
powers and duties of the Georgia Crime Information Center, so as to clarify
procedures for submission of each state bar
applicant´s
fingerprints for criminal convictions; to provide for related matters; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Code Section 15-2-8 of the Official Code of Georgia
Annotated, relating to the powers of the Supreme Court generally, is amended by
striking the Code section and inserting in lieu thereof the
following:
"15-2-8.
The Supreme Court has authority:
(1) To exercise appellate jurisdiction, and in no appellate case to hear facts or examine witnesses;
(2) To hear and determine all cases, civil and criminal, that may come before it; to grant judgments of affirmance or reversal, or any other order, direction, or decree required therein; and, if necessary, to make a final disposition of a case in the manner prescribed elsewhere in this Code;
(3) To grant any writ necessary to carry out any purpose of its organization or to compel any inferior tribunal or officers thereof to obey its order;
(4) To appoint its own officers and to commission any person to execute any specific order it may make;
(5) To establish, amend, and alter its own rules of practice and to regulate the admission of attorneys to the practice of law;provided, however, that in regulating the admission of
attorneys to the practice of law, the Supreme Court shall require each applicant
for admission to the practice of law to be fingerprinted to determine whether
the applicant has a record of criminal convictions in this state or other
states. The Georgia Crime Information Center is for this purpose authorized to
release to the court and its administrative arms any requested records relating
to applicants. The information obtained as a result of the fingerprinting of an
applicant shall be limited to the official use of the court and its
administrative arms in determining whether an applicant possesses the fitness to
be admitted to the practice of law in this
state;
(6) To punish for contempt by the infliction of a fine as high as $500.00 or imprisonment not exceeding ten days, or both; and
(7) To exercise such other powers, not contrary to the Constitution of this state, as given to it by law. This paragraph shall not be interpreted to abrogate the inherent power of the court."
"15-2-8.
The Supreme Court has authority:
(1) To exercise appellate jurisdiction, and in no appellate case to hear facts or examine witnesses;
(2) To hear and determine all cases, civil and criminal, that may come before it; to grant judgments of affirmance or reversal, or any other order, direction, or decree required therein; and, if necessary, to make a final disposition of a case in the manner prescribed elsewhere in this Code;
(3) To grant any writ necessary to carry out any purpose of its organization or to compel any inferior tribunal or officers thereof to obey its order;
(4) To appoint its own officers and to commission any person to execute any specific order it may make;
(5) To establish, amend, and alter its own rules of practice and to regulate the admission of attorneys to the practice of law;
(6) To punish for contempt by the infliction of a fine as high as $500.00 or imprisonment not exceeding ten days, or both; and
(7) To exercise such other powers, not contrary to the Constitution of this state, as given to it by law. This paragraph shall not be interpreted to abrogate the inherent power of the court."
SECTION 2.
Code Section 35-3-33 of the Official Code of Georgia
Annotated, relating to the powers and duties of the Georgia Crime Information
Center, is amended in subsection (a) by striking "and" at the end of paragraph
(13), striking the period at the end of paragraph (14) and inserting in lieu
thereof "; and", and adding a new paragraph at the end of the subsection to read
as
follows:
"(15) Receive and process fingerprints from the Supreme Court of Georgia Office of Bar Admissions for the purpose of determining whether or not an applicant for admission to the State Bar of Georgia has a criminal record. The processing shall include submission of fingerprints to the Georgia Bureau of Investigation and the Federal Bureau of Investigation for comparison to each of their respective files and data bases."
"(15) Receive and process fingerprints from the Supreme Court of Georgia Office of Bar Admissions for the purpose of determining whether or not an applicant for admission to the State Bar of Georgia has a criminal record. The processing shall include submission of fingerprints to the Georgia Bureau of Investigation and the Federal Bureau of Investigation for comparison to each of their respective files and data bases."
SECTION 3.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are
repealed.