07 LC 38
0269
Senate
Bill 119
By:
Senators Hamrick of the 30th and Carter of the 13th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Titles 17 and 24 of the Official Code of Georgia Annotated, relating to
criminal procedure and evidence, respectively, so as to provide victims of crime
and members of their immediate family with certain rights; to provide for
certain procedures relating to a victim of a crime or member of the immediate
family; to provide for certain exemptions for a victim of a crime; to provide
certain requirements relating to the testimony of the victim of a crime; to
provide for application to certain juvenile delinquency proceedings; to provide
for related matters; 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 the criminal
procedure, is amended in Chapter 17, the "Crime Victims´ Bill of Rights,"
by adding a new Code section to read as follows:
"17-17-17.
(a)
Notwithstanding any other provisions of law, a member of the immediate family of
a victim may not be excluded from any portion of any hearing, trial, or
proceeding pertaining to the offense based solely on the fact that such person
is subpoenaed to testify unless the party subpoenaing such person establishes
that such family member is a material and necessary witness to such hearing,
trial, or proceeding and the court finds that there is a substantial probability
that such person´s presence would impair the conduct of a fair
trial.
(b)
The provisions of this Code section shall apply to delinquency proceedings in
juvenile court.
(c)
The provisions of this Code section shall not be construed as impairing the
authority of a judge to remove a person from a trial or hearing or any portion
thereof for the same causes and in same manner as the rules of court or law
provides for the exclusion or removal of the defendant."
SECTION
2.
Title
24 of the Official Code of Georgia Annotated, relating to evidence, is amended
by revising Code Section 24-9-61.1, relating to the presence in court of the
victim of a criminal offense, as follows:
"24-9-61.1.
(a)
The victim of a criminal offense
may
shall
be entitled to be present in any court exercising jurisdiction over such
offense,
including a juvenile court.
It shall be
within the sole discretion of the judge to implement the provisions of this Code
section and determine when to allow such victim to be present in such court and,
if such victim is permitted to be present, to determine the order in which the
testimony of such victim shall be given.
Such victim
shall not be excluded from court during the trial or hearing or any portion
thereof which pertains to such offense; provided, however, a judge may remove a
victim from a trial or hearing or any portion thereof for the same causes and in
same manner as the rules of court or law provides for the exclusion or removal
of the defendant or, after notice and hearing, the court determines such
person´s presence would impair the conduct of a fair trial. A motion to
exclude a victim from the courtroom for any reason other than misconduct must be
made and determined prior to jeopardy attaching.
(b)
A victim of a criminal offense who has been or may be subpoenaed to testify at
such hearing or trial shall be exempt from the provisions of Code Section
24-9-21 requiring the separation or exclusion of witnesses from court; provided,
however, that the court may require that the victim be scheduled to testify as
early as practical in the proceedings.
(b)(c)
The failure of a victim to exercise any right granted by this Code section shall
not be a cause or ground for an appeal of a conviction by a defendant or for any
court to set aside, reverse, or remand a criminal conviction."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.