|SB 83 - Vehicular Homicide Related to DUI - trial w/in 1 year of indict.|
First Reader Summary
A bill to amend Article 7 of Chapter 7 of Title 17 of the
Official Code of Georgia Annotated, relating to demand for trial,
so as to provide that persons accused of vehicular homicide
through violation of Code Section 40-6-391, relating to driving
under the influence of alcohol or drugs, shall be given a trial
within one year of indictment or be acquitted of the offense; to
provide for applicability.
Page Numbers -
||Read 1st time
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||Read 3rd Time
SB 83 97 LC 22 2682S
SENATE BILL 83
By: Senator James of the 35th
A BILL TO BE ENTITLED
1- 1 To amend Article 7 of Chapter 7 of Title 17 of the Official
1- 2 Code of Georgia Annotated, relating to demand for trial, so
1- 3 as to provide a short title; to provide that persons accused
1- 4 of vehicular homicide through violation of Code Section
1- 5 40-6-391, relating to driving under the influence of alcohol
1- 6 or drugs, shall be given a trial within two years of
1- 7 indictment or be acquitted of the offense unless a
1- 8 continuance is granted by the court; to provide for
1- 9 applicability; to repeal conflicting laws; and for other
1-11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-12 SECTION 1.
1-13 Article 7 of Chapter 7 of Title 17 of the Official Code of
1-14 Georgia Annotated, relating to demand for trial, is amended
1-15 by adding at the end thereof a new Code Section 17-7-173 to
1-16 read as follows:
1-18 (a) This Code section shall be known and may be cited as
1-19 the 'Speedy Trial Victim's Rights Act.'
1-20 (b) Any person against whom a true bill of indictment or
1-21 an accusation is filed with the clerk of the court for the
1-22 offense of homicide by vehicle through the violation of
1-23 Code Section 40-6-391 shall be given a trial within a
1-24 two-year period following such indictment or accusation,
1-25 unless a continuance is granted by the court in accordance
1-26 with the grounds for continuance provided in Article 7 of
1-27 Chapter 10 of Title 9. In the event a continuance is
1-28 granted to the next term of the court, the case shall, at
1-29 that term, be placed in the number one position on the
1-30 trial calendar of the court."
2- 1 SECTION 2.
2- 2 This Act shall apply to persons indicted or accused of
2- 3 homicide by vehicle through violation of Code Section
2- 4 40-6-391 on or after July 1, 1997.
2- 5 SECTION 3.
2- 6 All laws and parts of laws in conflict with this Act are
2- 7 repealed.
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98