06 LC 22
5964
House
Bill 1000
By:
Representatives Day of the
163rd,
Neal of the
1st,
Horne of the
71st,
Chambers of the
81st,
and Cox of the
102nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia
Annotated, relating to general provisions relative to sheriffs, so as to provide
for the responsibility and duties of the sheriff regarding courthouse and
courtroom security; to provide notice and hearing; to provide for factors to
consider in determining appropriate security measures; to provide for
instruction to the jury; to provide for related matters; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating
to general provisions relative to sheriffs, is amended by replacing a repealed
Code section designated as Code Section 15-16-17 with the
following:
"15-16-17.
(a)
The sheriff has official responsibility for security systems, measures, and
precautions for the courthouse and each individual courtroom, including any
defendant́s
restraints that will not in the ordinary course of the trial be visible to jury
members or persons eligible for selection as members of the jury.
(b)
With regard to any jury trial in a criminal case, it shall be the duty of the
sheriff to provide written notice to the presiding judge of the security plan
for each defendant before the commencement of voir dire or jury selection. If
the security plan for a criminal defendant includes restraint of the defendant
in the presence of jury members or persons eligible for selection for a jury for
such trial, the presiding judge shall conduct a hearing on the record, with an
opportunity for the
defendant́s
counsel and the prosecuting attorney to be heard and to present evidence
regarding the plan for such restraint. After hearing counsel, the presiding
judge shall state his or her opinion for the record. The sheriff shall have the
responsibility to determine whether to use any restraint that will not in the
ordinary course of the trial be visible to jury members or persons eligible for
selection as jurors in the trial.
(c)
In determining the security plan before the hearing and in determining whether
to alter such security plan after the hearing, the sheriff shall consider the
following factors:
(1)
The opinion of the judge presiding at the trial;
(2)
Evidence presented at the hearing;
(3)
Any previous escapes from custody or escape attempts by the
defendant;
(4)
Any history of violence by the defendant;
(5)
Any threats by the defendant;
(6)
The
defendant́s
constitutional right to a fair and impartial trial; and
(7)
Any other factor relating to the public safety.
(d)
During a jury trial in any criminal case, the court shall instruct the jury that
criminal defendants are frequently restrained as a precaution in the interest of
public safety and that members of the jury should not consider any restraint of
the defendant that they observe as evidence of guilt. Such instruction shall not
state whether the defendant is being
restrained."
SECTION
2.
This
Act shall become effective on July 1, 2006.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.