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03 LC 29 1008S
The House Committee on Judiciary offers the following substitute to SB 45:
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Title 17 of the Official Code of Georgia Annotated,
relating to criminal procedure, so as to establish procedures relating to
pretrial motions, discovery, certain witnesses, and demands for trial; to create
time limits for filing pretrial motions; to require that a demand for trial be
filed with the clerk of court and served upon the judge assigned to hear such
case; to specify when a demand for trial shall expire; to provide for procedures
subsequent to appeal; to provide for procedures for a continuance when a party,
attorney, or material witness is on active duty as a member of the National
Guard or a reserve or active component of the armed forces of the United States;
to provide for the effect of the continuance on the demand for trial; to provide
for bail; to clarify provisions relating to oral scientific reports; to provide
for other matters relative to the foregoing; to provide for an effective date;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Title 17 of the Official Code of Georgia Annotated, relating
to criminal procedure, is amended by striking Code Section 17_7_110, relating to
the indictment or accusation and witnesses, in its entirety and inserting in
lieu thereof the
following:
"17_7_110.
Reserved.
All pretrial motions, including demurrers and special pleas, shall be filed within ten days after the date of arraignment, unless the time for filing is extended by the court."
"17_7_110.
All pretrial motions, including demurrers and special pleas, shall be filed within ten days after the date of arraignment, unless the time for filing is extended by the court."
SECTION 2.
Said title is further amended by striking Code Section
17_7_170, relating to demands for trial, and inserting in lieu thereof the
following:
"17_7_170.
(a) Any person against whom a true bill of indictment or an accusation is filed with the clerk for an offense not affectinghis the
person´s life may enter a demand for trial at the court term at which
the indictment or accusation is filed or at the next succeeding regular court
term thereafter; or, by special permission of the court, he or she may at
any subsequent court term thereafter demand a trial. In either case, the demand
for trial shall be filed with the clerk of court and served
on upon the prosecutor and upon the judge to whom the
case is assigned or, if the case is not assigned, upon the chief judge of the
court in which the case is pending. The demand shall be binding only in the
court in which the demand is filed, except where the case is transferred from
one court to another without a request from the
defendant.
(b) If the person is not tried when the demand is made or at the next succeeding regular court term thereafter, provided at both court terms there were juries impaneled and qualified to tryhim, he the person, the person shall be absolutely
discharged and acquitted of the offense charged in the indictment or accusation.
For purposes of computing the term at which a misdemeanor must be tried under
this Code section, there shall be excluded any civil term of court in a county
in which civil and criminal terms of court are designated; and for purposes of
this Code section it shall be as if such civil term was not
held.
(c) Any demand filed pursuant to this Code section shall expire at the conclusion of the trial or upon the defendant entering a plea of guilty or nolo contendere.
(d) If a case in which a demand for trial has been filed, as provided in this Code section, is reversed on direct appeal, a new demand for trial must be filed within the term of court in which the remittitur from the appellate court is received by the clerk of court or at the next succeeding regular court term thereafter.
(e) If the case in which a demand for trial has been filed as provided in this Code section results in a mistrial, the case shall be tried at the next succeeding regular term of court."
"17_7_170.
(a) Any person against whom a true bill of indictment or an accusation is filed with the clerk for an offense not affecting
(b) If the person is not tried when the demand is made or at the next succeeding regular court term thereafter, provided at both court terms there were juries impaneled and qualified to try
(c) Any demand filed pursuant to this Code section shall expire at the conclusion of the trial or upon the defendant entering a plea of guilty or nolo contendere.
(d) If a case in which a demand for trial has been filed, as provided in this Code section, is reversed on direct appeal, a new demand for trial must be filed within the term of court in which the remittitur from the appellate court is received by the clerk of court or at the next succeeding regular court term thereafter.
(e) If the case in which a demand for trial has been filed as provided in this Code section results in a mistrial, the case shall be tried at the next succeeding regular term of court."
SECTION 3.
Said title is further amended by striking Code Section
17_8_31, relating to continuances where a party or his or her counsel is in
attendance on active duty as member of the National Guard, and inserting in lieu
thereof the
following:
"17_8_31.
(a) It shall be the duty of any judge of the courts of this state to continue any case in the court on or without motion when any party thereto or his or her leading attorney is absent from court when the case is reached by reason of his or her attendance on active duty as a member of the National Guard or a reserve or active component of the armed forces of the United States. The case may proceed if the party, in the absence of his or her leading attorney, or the leading attorney, in the absence of the party, announces ready for trial on the call of the case. If counsel is absent, it shall be necessary for his or her client to make oath that he or she cannot safely go to trial without the absent attorney and, if a party is absent, his or her counsel shall state in his or her place that he or she cannot safely go to trial without the client.
(b) It shall be the duty of any judge of the courts of this state to continue any case in the court upon a showing by the state or the defendant that a material witness is unavailable by reason of being on active duty as a member of the National Guard or as a member of a reserve or active component of the armed forces of the United States.
(c) In cases in which a demand for trial has been filed in accordance with Code Section 17_7_170 or 17_7_171, the court shall grant the continuance if the party moving for a continuance pursuant to subsection (b) of this Code section establishes by testimony, affidavits, or other evidence that:
(1) The witness is material and necessary;
(2) The witness is located outside the territorial limits of the state;
(3) The party has submitted a request to the proper military authorities for the testimony of the witness in accordance with Section 301 of Title 5 of the United States Code and federal regulations or directives issued by the armed forces pursuant thereto; and
(4) The witness will not be available within the time limits prescribed by Code Section 17_7_170 or 17_7_171.
This continuance shall toll the running of the demand for trial and shall continue the trial until the witness is released from active duty or the military makes the witness available to testify. If the witness only becomes available to testify within the last two weeks of the term of court in which the case must be tried, the case may be tried at the next succeeding term of court.
(d) In any case in which the court grants the state a continuance pursuant to subsection (c) of this Code section, the defendant shall have bail set upon application to the court."
"17_8_31.
(a) It shall be the duty of any judge of the courts of this state to continue any case in the court on or without motion when any party thereto or his or her leading attorney is absent from court when the case is reached by reason of his or her attendance on active duty as a member of the National Guard or a reserve or active component of the armed forces of the United States. The case may proceed if the party, in the absence of his or her leading attorney, or the leading attorney, in the absence of the party, announces ready for trial on the call of the case. If counsel is absent, it shall be necessary for his or her client to make oath that he or she cannot safely go to trial without the absent attorney and, if a party is absent, his or her counsel shall state in his or her place that he or she cannot safely go to trial without the client.
(b) It shall be the duty of any judge of the courts of this state to continue any case in the court upon a showing by the state or the defendant that a material witness is unavailable by reason of being on active duty as a member of the National Guard or as a member of a reserve or active component of the armed forces of the United States.
(c) In cases in which a demand for trial has been filed in accordance with Code Section 17_7_170 or 17_7_171, the court shall grant the continuance if the party moving for a continuance pursuant to subsection (b) of this Code section establishes by testimony, affidavits, or other evidence that:
(1) The witness is material and necessary;
(2) The witness is located outside the territorial limits of the state;
(3) The party has submitted a request to the proper military authorities for the testimony of the witness in accordance with Section 301 of Title 5 of the United States Code and federal regulations or directives issued by the armed forces pursuant thereto; and
(4) The witness will not be available within the time limits prescribed by Code Section 17_7_170 or 17_7_171.
This continuance shall toll the running of the demand for trial and shall continue the trial until the witness is released from active duty or the military makes the witness available to testify. If the witness only becomes available to testify within the last two weeks of the term of court in which the case must be tried, the case may be tried at the next succeeding term of court.
(d) In any case in which the court grants the state a continuance pursuant to subsection (c) of this Code section, the defendant shall have bail set upon application to the court."
SECTION 4.
Said title is further amended by striking paragraph (4) of
subsection (a) of Code Section 17_16_4, relating to disclosures required of
prosecuting attorney and defendant, and inserting in lieu thereof a new
paragraph (4) to read as
follows:
"(4) The prosecuting attorney shall, no later than ten days prior to trial, or as otherwise ordered by the court, permit the defendant at a time agreed to by the parties or ordered by the court to inspect and copy or photograph a report of any physical or mental examinations and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, if the state intends to introduce in evidence in its case_in_chief or in rebuttal the results of the physical or mental examination or scientific test or experiment. If the report is oral or partially oral, the prosecuting attorney shall reduce all relevant and material oral portions of such report to writing and shall serve opposing counsel with such portions no later than ten days prior to trial. Nothing in this Code section shall require the disclosure of any other material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any victim or witness."
"(4) The prosecuting attorney shall, no later than ten days prior to trial, or as otherwise ordered by the court, permit the defendant at a time agreed to by the parties or ordered by the court to inspect and copy or photograph a report of any physical or mental examinations and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, if the state intends to introduce in evidence in its case_in_chief or in rebuttal the results of the physical or mental examination or scientific test or experiment. If the report is oral or partially oral, the prosecuting attorney shall reduce all relevant and material oral portions of such report to writing and shall serve opposing counsel with such portions no later than ten days prior to trial. Nothing in this Code section shall require the disclosure of any other material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any victim or witness."
SECTION 5.
Said title is further amended by striking paragraph (2) of
subsection (b) of Code Section 17_16_4, relating to disclosures required of
prosecuting attorney and defendant, and inserting in lieu thereof a new
paragraph (2) to read as
follows:
"(2) The defendant shall within ten days of timely compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, permit the prosecuting attorney at a time agreed to by the parties or as ordered by the court to inspect and copy or photograph a report of any physical or mental examinations and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, if the defendant intends to introduce in evidence in the defense´s case_in_chief or rebuttal the results of the physical or mental examination or scientific test or experiment. If the report is oral or partially oral, the defendant shall reduce all relevant and material oral portions of such report to writing and shall serve opposing counsel with such portions no later than five days prior to trial. Nothing in this Code section shall require the disclosure of any other material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any defendant or witness."
"(2) The defendant shall within ten days of timely compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, permit the prosecuting attorney at a time agreed to by the parties or as ordered by the court to inspect and copy or photograph a report of any physical or mental examinations and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, if the defendant intends to introduce in evidence in the defense´s case_in_chief or rebuttal the results of the physical or mental examination or scientific test or experiment. If the report is oral or partially oral, the defendant shall reduce all relevant and material oral portions of such report to writing and shall serve opposing counsel with such portions no later than five days prior to trial. Nothing in this Code section shall require the disclosure of any other material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any defendant or witness."
SECTION 6.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 7.
All laws and parts of laws in conflict with this Act are
repealed.