09 AM 29
0787
ADOPTED
Senator
Smith of the 52nd offered the following amendment:
Amend
the Senate Judiciary Committee substitute to SB 42 by inserting
"Defender"
after
"Public"
on lines 3 and 4.
By
striking lines 67 through 69 and inserting in lieu thereof the
following:
(b)
Not later than
60 days after the effective date of this subsection, the council shall be
reconstituted as a new advisory body with new members appointed in 2009. The
members serving on the council immediately prior to the effective date of this
subsection shall cease to serve on the effective date of this subsection,
but
By
replacing
"Act"
with
"paragraph"
on line 193.
By
replacing "on
July 1,
2003
upon the
effective date of this Act"
with
"on July 1,
2003
not later than
60 days after the effective date of this
paragraph"
on lines 202 and
203.
By
inserting between lines 458 and 459 the following:
SECTION
1A.
Said
chapter is further amended by revising subsection (a) of Code Section 17-12-11,
relating to mental health advocacy division, duties, responsibilities, and
management, as follows:
"(a)
The mental health advocacy division shall represent in any court in this state
indigent persons found not guilty by reason of insanity at the time of the crime
or found mentally incompetent to stand trial and shall be the successor to the
office of mental health advocacy created by Article 4 of this chapter as it
existed on June 30, 2008. Any assets or resources of the office of mental
health advocacy shall be transferred to the
council
agency.
The mental health advocacy division office shall serve all counties of this
state."
SECTION
1B.
Said
chapter is further amended by revising subsection (a) of Code Section 17-12-12,
relating to Georgia capital defender division and duties, responsibilities, and
management, as follows:
"(a)
The Georgia capital defender division shall represent all indigent persons
charged with a capital felony for which the death penalty is being sought in any
court in this state and shall be the successor to the Office of the Georgia
Capital Defender created by Article 6 of this chapter as it existed on June 30,
2008. Any assets or resources of the Office of the Georgia Capital Defender
shall be transferred to the
council
agency.
The Georgia capital defender division shall serve all counties of this
state."
By
striking "subsections (b) through (e) of"
on line
491.
By
inserting between lines 492 and 493 the following:
"17-12-20.
(a)
On and after July 1, 2008, there is created in each judicial circuit in this
state a circuit public defender supervisory panel to be composed of seven
members. The Lieutenant Governor, the Speaker of the House of Representatives,
and the chief judge of the superior court of the circuit shall each appoint one
member. The Governor shall appoint four members, two of which shall be members
of the governing authority of the counties within the judicial circuit for which
such member is appointed to serve. A member of a governing authority shall be
eligible to serve so long as he or she retains the office by virtue of which he
or she is serving on the panel. Other than the county commissioner, members of
the circuit public defender supervisory panel shall be individuals with
significant experience working in the criminal justice system or who have
demonstrated a strong commitment to the provision of adequate and effective
representation of indigent defendants. A prosecuting attorney as defined in
paragraph (6) of Code Section 19-13-51, any employee of a prosecuting attorney's
office, or an employee of the Prosecuting Attorneys' Council of the State of
Georgia shall not serve as a member of the circuit public defender supervisory
panel after July 1, 2005. On and after July 1, 2008, no employees of the
council
agency
shall serve as a member of the circuit public defender supervisory panel.
Members of the circuit public defender supervisory panel shall reside in the
judicial circuit in which they serve. The circuit public defender supervisory
panel members shall serve for a term of five years. Any vacancy for an
appointed member shall be filled by the appointing authority.
By
striking "subsections (a) and (b) of"
on line 571, by
inserting ""17-12-22."
between lines 572 and
573, and by striking the quotation mark at the beginning of line
573.
By
striking the quotation mark at the end of line 585 and inserting between lines
585 and 586 the following:
(c)
Attorneys who seek appointment in conflict cases shall have such experience or
training in the defense of criminal cases as is necessary in light of the
complexity of the case to which he or she is appointed and shall meet such
qualifications, regulations, and standards for the representation of indigent
defendants as are established by the
council
agency."
By
replacing
"Act"
with
"subsection"
on line 710.