LC 35 1541S
COMMITTEE
OF CONFERENCE SUBSTITUTE TO HB 514
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating
to general provisions regarding the judicial system, so as to provide for
provisions regarding the assignment of senior judges; to provide for certain
provisions regarding a senior judge's status; to change certain provisions
relating to certain courts requesting assistance of a senior judge; to provide
for conditions for such assistance; to provide for related matters; to provide
an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 15 of the Official Code of Georgia Annotated, relating to general
provisions regarding the judicial system, is amended by revising subsection (n)
of Code Section 15-1-9.1, relating to requesting judicial assistance from other
courts, as follows:
"(n)
Notwithstanding the provisions of this Code section, a senior judge shall not be
assigned, designated, or preside in
any:
(1)
criminal
Criminal
case involving a capital offense for which the death penalty may be imposed once
the state has filed a notice of its intention to seek the death penalty;
provided, however, that a senior judge may be assigned, designated, or preside
in such a case if the judge had previously been assigned or designated and
presided over such case while serving as an elected superior court judge prior
to attaining senior judge
status;
or
(2)
Civil case involving a challenge to the constitutionality of any state statute
or state action, with the exception of habeas corpus actions; provided, however,
that:
(A)
A senior judge may be assigned, designated, or preside in such a case if such
judge had previously been assigned or designated and presided over such case
while serving as an elected superior court judge prior to attaining senior judge
status; and
(B)
If a challenge subject to this paragraph is raised by pleading later than 60
days after the filing of the complaint or within 45 days of the timely filing of
the answer, an elected superior court judge of the circuit in which the case is
pending shall determine whether, on the face of the challenge as raised and
taking the facts as stated by the party asserting the challenge as true, the
constitutional challenge is without merit. If when making a determination
pursuant to this paragraph the elected superior court judge determines that the
challenge has merit, the case shall be reassigned to an elected superior court
judge; provided, however, that if when making such determination the elected
superior court judge determines that the challenge is without merit, the case
shall remain with the senior judge.
This
paragraph shall not apply to any constitutional challenge raised after the entry
of the pretrial order entered immediately prior to
trial."
SECTION
2.
Said
chapter is further amended by revising subsection (e) of Code Section 15-1-9.2,
relating to senior judge status and requesting assistance from senior judges, as
follows:
"(e)
Notwithstanding the provisions of this Code section, a senior judge shall not be
assigned, designated, or preside in
any:
(1)
Criminal
criminal
case involving a capital offense for which the death penalty may be imposed once
the state has filed a notice of its intention to seek the death penalty;
provided, however, that a senior judge may be assigned, designated, or preside
in such a case if the judge had previously been assigned or designated and
presided over such case while serving as an elected superior court judge prior
to attaining senior judge
status;
or
(2)
Civil case involving a challenge to the constitutionality of any state statute
or state action, with the exception of habeas corpus actions; provided, however,
that:
(A)
A senior judge may be assigned, designated, or preside in such a case if such
judge had previously been assigned or designated and presided over such case
while serving as an elected superior court judge prior to attaining senior judge
status; and
(B)
If a challenge subject to this paragraph is raised by pleading later than 60
days after the filing of the complaint or within 45 days of the timely filing of
the answer, an elected superior court judge of the circuit in which the case is
pending shall determine whether, on the face of the challenge as raised and
taking the facts as stated by the party asserting the challenge as true, the
constitutional challenge is without merit. If when making a determination
pursuant to this paragraph the elected superior court judge determines that the
challenge has merit, the case shall be reassigned to an elected superior court
judge; provided, however, that if when making such determination the elected
superior court judge determines that the challenge is without merit, the case
shall remain with the senior judge.
This
paragraph shall not apply to any constitutional challenge raised after the entry
of the pretrial order entered immediately prior to
trial."
SECTION
3.
Said
chapter is further amended by revising subsection (g) of Code Section 15-1-9.3,
relating to senior judges of the state court, probate court, or juvenile court
and requesting assistance of a senior judge, as follows:
"(g)
Notwithstanding the provisions of this Code section, a senior judge shall not be
assigned, designated, or preside in
any:
(1)
Criminal
criminal
case involving a capital offense for which the death penalty may be imposed once
the state has filed a notice of its intention to seek the death penalty;
provided, however, that a senior judge may be assigned, designated, or preside
in such a case if the judge had previously been assigned or designated and
presided over such case while serving as an elected superior court judge prior
to attaining senior judge
status;
or
(2)
Civil case involving a challenge to the constitutionality of any state statute
or state action, with the exception of habeas corpus actions; provided, however,
that:
(A)
A senior judge may be assigned, designated, or preside in such a case if such
judge had previously been assigned or designated and presided over such case
while serving as an elected superior court judge prior to attaining senior judge
status; and
(B)
If a challenge subject to this paragraph is raised by pleading later than 60
days after the filing of the complaint or within 45 days of the timely filing of
the answer, an elected superior court judge of the circuit in which the case is
pending shall determine whether, on the face of the challenge as raised and
taking the facts as stated by the party asserting the challenge as true, the
constitutional challenge is without merit. If when making a determination
pursuant to this paragraph the elected superior court judge determines that the
challenge has merit, the case shall be reassigned to an elected superior court
judge; provided, however, that if when making such determination the elected
superior court judge determines that the challenge is without merit, the case
shall remain with the senior judge.
This
paragraph shall not apply to any constitutional challenge raised after the entry
of the pretrial order entered immediately prior to
trial."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.