05 LC 29
1631/AP
House
Bill 222 (AS PASSED HOUSE AND SENATE)
By:
Representative Willard of the
49th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 16 of Title 17 of the Official Code of Georgia
Annotated, relating to discovery in felony cases, so as to change certain
provisions relating to the applicability of the article; to include cases in
which discovery may be obtained through other lawful methods; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating
to discovery in felony cases, is amended by striking in its entirety Code
Section 17-16-2, relating to the applicability of the article, and inserting in
lieu thereof the following:
"17-16-2.
(a)
This article shall apply to all criminal cases in which at least one felony
offense is charged in the event that at or prior to arraignment, or at such time
as the court permits, the defendant provides written notice to the prosecuting
attorney that such defendant elects to have this article apply to the
defendant́s
case. When one defendant in a multidefendant case demands discovery under this
article, the provisions of this article shall apply to all defendants in the
case, unless a severance is granted.
(b)
This
Except as
provided in subsection (c) of this Code section,
this article shall not apply to juvenile
court proceedings.
(c)
This article shall be deemed to have been automatically invoked, without the
written notice provided for in subsection (a) of this Code section, when a
defendant has sought discovery pursuant to Chapter 11 of Title 9, the 'Georgia
Civil Practice Act,' pursuant to Code Section 15-11-75, or pursuant to the
Uniform Rules for the Juvenile Courts of Georgia where such discovery material
is the same as the discovery material that may be provided under this article
when a written notice is filed pursuant to subsection (a) of this Code
section.
(c)(d)
Except as provided under Code Section 17-16-8, this article is not intended to
authorize discovery or inspection of attorney work product.
(d)(e)
This article shall apply also to all criminal cases in which at least one felony
offense is charged which was docketed, indicted, or in which an accusation was
returned prior to January 1, 1995, if both the prosecuting attorney and the
defendant agree in writing that the provisions of this article shall apply to
the
case."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.