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.

James, Donzella (35th)
Status Summary HC: Judy SC: Judy LA: 03/07/97 H - Read 2nd Time (CS )
Page Numbers - 1/ 2
Code Sections - 17-7-173
Senate Action House
1/16/97 Read 1st time 3/6/97
2/28/97 Favorably Reported
Sub Committee Amend/Sub
3/3/97 Read 2nd Time 3/7/97
3/4/97 Read 3rd Time
3/4/97 Passed/Adopted
CS Comm/Floor Amend/Sub

SB 83    97                                       LC 22 2682S 
                                                       (SCS) 
        SENATE BILL 83 
 
        By:  Senator James of the 35th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  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 
  1-10  purposes. 
 
  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: 
 
  1-17    "17-7-173. 
 
  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." 
 
 
 
 
 
 
                                 -1- 
 
 
 
  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. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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