09 LC 29
3584
House
Bill 214
By:
Representatives Davis of the
109th,
Ralston of the
7th,
and Walker of the
107th
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 to shorten the time frame for filing a writ in
felony and death penalty cases; to change certain provisions relating to grounds
for writ and waiver of objection to jury composition; 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 subsection (c) of Code Section 9-14-42, relating to
grounds for writ and waiver of objection to jury composition, as
follows:
"(c)
Any action brought pursuant to this article shall be filed within one year in
the case of a misdemeanor, except as otherwise provided in Code Section
40-13-33, or within
four
years
one
year in the case of a felony,
other
than
including
one challenging a conviction for which a death sentence has been imposed or
challenging a sentence of death, from:
(1)
The judgment of conviction becoming final by the conclusion of direct review or
the expiration of the time for seeking such review; provided, however, that any
person whose
felony
conviction,
including one challenging a conviction for which a death sentence has been
imposed or challenging a sentence of
death, has become final as of July 1,
2004
2009,
regardless of the date of conviction, shall have until
July 1,
2005, in the case of a misdemeanor or
until July 1,
2008
2010,
in the case
of a felony to bring an action pursuant to
this Code section;
(2)
The date on which an impediment to filing a petition which was created by state
action in violation of the Constitution or laws of the United States or of this
state is removed, if the petitioner was prevented from filing such state
action;
(3)
The date on which the right asserted was initially recognized by the Supreme
Court of the United States or the Supreme Court of Georgia, if that right was
newly recognized by said courts and made retroactively applicable to cases on
collateral review; or
(4)
The date on which the facts supporting the claims presented could have been
discovered through the exercise of due diligence."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.