08 LC 29
3086S
House
Bill 578 (COMMITTEE SUBSTITUTE)
By:
Representatives Ralston of the
7th,
Fleming of the
117th,
Bearden of the
68th,
and Lunsford of the
110th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia
Annotated, relating to habeas corpus procedure for persons under sentence of
state court of record, so as change certain provisions relating to petitions
challenging for the first time state court proceedings resulting in a death
sentence; to provide for procedural time frames for petitions challenging for
the first time state court proceedings resulting in a death sentence; 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
2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating
to habeas corpus procedure for persons under sentence of state court of record,
is amended by revising Code Section 9-14-47.1, relating to petitions challenging
for the first time state court proceedings resulting in a death sentence, as
follows:
"9-14-47.1.
(a)
In petitions filed under this article challenging for the first time state court
proceedings resulting in a death sentence, the provisions of this article shall
apply except as specifically provided otherwise in this Code
section.
(b)
Within ten days of the filing of a petition challenging for the first time state
court proceedings resulting in a death sentence, the superior court clerk of the
county where the petition is filed shall give written notice to The Council of
Superior Court Judges of Georgia of the filing of the petition which shall serve
as a request for judicial assistance under paragraph (3) of subsection (b) of
Code Section 15-1-9.1. Within 30 days of receipt of such notice, the president
of the council shall, under guidelines promulgated by the executive committee of
the council, assign the case to a judge of a circuit other than the circuit in
which the conviction and sentence were imposed.
(c)
After the close of evidence and the filing of the transcript of any evidentiary
hearings, the petitioner shall have 90 days in which to file any brief and, if
directed by the court, shall file proposed findings of fact and conclusions of
law. The respondent shall file any responsive brief and, if directed by the
court, proposed findings of fact and conclusions of law, within 60 days of the
filing of the petitioner´s brief. The petitioner shall have ten days from
the filing of the respondent´s brief to file any reply brief. Upon a
showing of good cause, the court may grant either party an extension of time,
not to exceed 60 days, for filing briefs or orders.
(d)
The judge of the superior court hearing the case shall make written findings of
fact and conclusions of law and such findings shall be filed within 180 days of
the filing of either the respondent´s brief or proposed order or the filing
of the petitioner´s reply brief, whichever is later. If the findings of
fact and conclusions of law of the judge are not filed within such time frame,
the judge shall file a report in the superior court of the county where the case
is pending setting forth with specificity the reasons for the delay and shall
submit a copy of such report to the clerk of the Supreme Court of Georgia and
the parties. Every 30 days thereafter until the order is filed, the judge shall
provide an updated status report to the superior court clerk, the clerk of the
Supreme Court of Georgia, and the parties setting forth the reasons for the
delay.
(c)(e)
The Council of Superior Court Judges of Georgia shall establish, by uniform
court rules, appropriate time periods and schedules applicable to petitions
filed on or
after January 1, 1996, challenging for the
first time state court proceedings resulting in a sentence of death.
Such rules
shall be adopted by the Supreme Court of Georgia on or before December 31, 1995.
Such new
Except as
otherwise provided in this Code section,
such time periods and schedules shall
include, but specifically not be limited to, the following:
(1)
Respondent´s filing of an answer or motion to dismiss the
petition;
(2)
Petitioner´s filing of any amendments to the petition;
(3)
Filing by either party of motions and responses to motions;
and
(4)
Scheduling and conducting of evidentiary
hearings;
and
(5)
Date of final order.
(d)(f)
In petitions filed under this article challenging for a second or subsequent
time a state court proceeding resulting in a death sentence, the petitioner
shall not be entitled to invoke any of the provisions set forth in this Code
section to delay the proceedings. To the extent the court deems it necessary to
have an evidentiary hearing on any such petition, the court shall expedite the
proceedings and the time limits shall not exceed those set for initial
petitions."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.