07 LC 28
3191
House
Bill 26
By:
Representative Knox of the
24th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 24 of the Official Code of Georgia Annotated, relating
to relevancy, so as to provide for limitations on admission of extrinsic
transactions into evidence; to provide for definitions; to provide for
exceptions; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 24 of the Official Code of Georgia Annotated, relating to relevancy,
is amended by adding a new Code Section 24-2-5 to read as follows:
"24-2-5.
(a)
As used in this Code section, the term:
(1)
'Crime' means:
(A)
An act committed in this state which constitutes a serious violent felony; or
(B)
An act in violation of the laws of any other state or of the United States which
if committed in this state would be a serious violent felony.
The
act does not have to have resulted in a conviction for the offense.
(2)
'Extrinsic transaction' means an independent crime or separate act that occurs
prior or subsequent to the crime or crimes alleged in the defendant´s
indictment.
(3)
'Serious violent felony' has the same meaning as provided in subsection (a) of
Code Section 17-10-6.1.
(b)
Where the defendant is indicted for a serious violent felony or more than one
serious violent felony, evidence that the defendant has been accused or
convicted of an extrinsic transaction shall not be admitted unless:
(1)
Its probative value substantially outweighs the danger of unfair prejudice,
confusion of the issues, or misleading the jury;
(2)
It is part of a continuous crime spree or the pattern and characteristics of the
crimes are so unusual and distinctive as to be like a signature;
(3)
The state affirmatively shows that the extrinsic transaction is introduced not
to show a propensity to commit crime but is intended to be used as evidence to
prove a disputed issue as to identity, intent, motive, or common scheme, plan,
or pattern;
(4)
There is sufficient evidence beyond a reasonable doubt to establish that the
defendant committed the extrinsic transaction; and
(5)
There is a logical connection and similarity between the crime being tried and
the extrinsic transaction so that the proof of the latter tends to prove the
former.
(c)
Evidence of an extrinsic transaction is not admissible under this Code section
if the conviction has been the subject of a pardon, annulment, or other
equivalent procedure based on a finding of innocence or finding of the
rehabilitation of the person convicted.
(d)
Extrinsic transaction evidence shall be admissible only as provided in this Code
section and shall not be admissible in criminal cases involving offenses other
than a serious violent felony.
(e)(1)
Notice of the state´s intention to present extrinsic transaction evidence
shall be given and filed at least 30 days before trial unless the time is
shortened or lengthened by the judge for good cause. The notice shall be in
writing, served upon the defendant or upon defendant´s counsel if the
defendant is represented, and shall state the transaction, date, county, and the
name of the victim or victims for each extrinsic transaction sought to be
introduced. Copies of accusations or indictments, if any, and guilty pleas or
verdicts, if any, shall be attached to the notice.
(2)
The court shall hold a hearing at least ten days before trial and may receive
evidence on any issue of fact necessary to determine the admissibility of the
alleged extrinsic transaction. The burden of proving that extrinsic transaction
evidence shall be admitted shall be upon the prosecution. The state may present
during the trial evidence of only those extrinsic transactions specifically
approved by the court.
(f)
To the extent of any conflict between the provisions of this Code section and
the provisions of Code Section 24-2-2, 24-9-20, 24-9-84, or 24-9-84.1, the
provisions of this Code section shall control; provided, however, that if the
defendant places the defendant´s character in issue, extrinsic transaction
evidence shall be admissible according to the rules of
evidence."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.