06 HB
1421/AP
House
Bill 1421 (AS PASSED HOUSE AND SENATE)
By:
Representatives Fleming of the
117th,
Ralston of the
7th,
and Hatfield of the
177th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 17 of the Official Code of Georgia Annotated, relating to criminal
procedure, so as to change provisions relating to notices and pleadings in
criminal proceedings; to change provisions relating to demand for trial and
announcement of readiness for trial; to require a demand for speedy trial be
filed and served as a separate document and labeled as a demand for speedy
trial; to change provisions relating to demand for speedy trial and service of
such demand; to provide for procedures relating to demand for speedy trial in
capital cases; to correct cross-references; to amend Code Section 38-3-62 of the
Official Code of Georgia Annotated, relating to suspension or tolling of
deadlines and time schedules in the event of a judicial emergency, so as to
correct a cross-reference; to provide for other related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
17 of the Official Code of Georgia Annotated, relating to criminal procedure, is
amended by striking Code Section 17-7-170, relating to demands for trial, and
inserting in lieu thereof the following:
"17-7-170.
(a)
Any
person
defendant
against whom a true bill of indictment or an accusation is filed with the clerk
for an offense not affecting the
persońs
defendant́s
life may enter a demand for
speedy
trial at the court term at which the indictment or accusation is filed or at the
next succeeding regular court term thereafter; or, by special permission of the
court, he
or she
the
defendant may at any subsequent court term
thereafter demand a
speedy
trial. In either case, the demand for
speedy
trial shall be filed with the clerk of court and served upon the prosecutor and
upon the judge to whom the case is assigned or, if the case is not assigned,
upon the chief judge of the court in which the case is pending.
A demand for
speedy trial filed pursuant to this Code section shall be filed as a separate,
distinct, and individual document and shall not be a part of any other pleading
or document. Such demand shall clearly be titled 'Demand for Speedy Trial';
reference this Code section within the pleading; and identify the indictment
number or accusation number for which such demand is being
made. The demand
for speedy
trial shall be binding only in the court
in which the demand
for speedy
trial is filed, except where the case is
transferred from one court to another without a request from the
defendant.
(b)
If the
person
defendant
is not tried when the demand
for speedy
trial is made or at the next succeeding
regular court term thereafter, provided
that
at both court terms there were juries impaneled and qualified to try the
person,
defendant,
the
person
defendant
shall be absolutely discharged and acquitted of the offense charged in the
indictment or accusation. For purposes of computing the term at which a
misdemeanor must be tried under this Code section, there shall be excluded any
civil term of court in a county in which civil and criminal terms of court are
designated; and for purposes of this Code section it shall be as if such civil
term was not held.
(c)
Any demand for
speedy trial filed pursuant to this Code
section shall expire at the conclusion of the trial or upon the defendant
entering a plea of guilty or nolo contendere.
(d)
If a case in which a demand for
speedy
trial has been filed, as provided in this Code section, is reversed on direct
appeal, a new demand for
speedy
trial
must
shall
be filed within the term of court in which the remittitur from the appellate
court is received by the clerk of court or at the next succeeding regular court
term thereafter.
(e)
If the case in which a demand for
speedy
trial has been filed as provided in this Code section results in a mistrial, the
case shall be tried at the next succeeding regular term of
court."
SECTION
2.
Said
title is further amended by striking Code Section 17-7-171, relating to time for
demand for trial in capital cases, and inserting in lieu thereof the following:
"17-7-171.
(a)
Any person accused of a capital offense may enter a demand for
speedy
trial at the term of court at which the indictment is found or at the next
succeeding regular term thereafter; or, by special permission of the court,
he
the
defendant may at any subsequent term
thereafter demand a
speedy
trial. The
demand for speedy trial shall be filed with the clerk of court and served upon
the prosecutor and upon the judge to whom the case is assigned or, if the case
is not assigned, upon the chief judge of the court in which the case is pending.
A demand for trial filed pursuant to this Code section shall be filed as a
separate, distinct, and individual document and shall not be a part of any other
pleading or document. Such demand shall clearly be titled 'Demand for Speedy
Trial'; reference this Code section within the pleading; and identify the
indictment number or accusation number for which such demand is being made. The
demand for speedy trial shall be binding only in the court in which such demand
is filed, except where the case is transferred from one court to another without
a request from the defendant.
(b)
If more than two regular terms of court are convened and adjourned after the
term at which the demand
for speedy
trial is filed and the defendant is not
given a trial, then
he
the
defendant shall be absolutely discharged
and acquitted of the offense charged in the indictment, provided that at both
terms there were juries impaneled and qualified to try the defendant and
provided, further, that the defendant was present in court announcing ready for
trial and requesting a trial on the indictment.
(c)
In cases involving a capital offense for which the death penalty is sought, if a
demand for
speedy
trial is entered, the counting of terms under subsection (b) of this Code
section shall not begin until the convening of the first term following the
completion of pretrial review proceedings in the Supreme Court under Code
Section
17-10-35.1."
SECTION
3.
Said
title is further amended by striking Code Section 17-7-172, relating to
requirement of announcement of readiness for trial prior to announcement by
defendant, and inserting in lieu thereof the following:
"17-7-172.
The
state shall be required in every case to announce ready or not ready for trial,
except in those cases where the defendant is entitled by law to demand a
speedy
trial, before the defendant shall be called on to make such
announcement."
SECTION
4.
Said
title is further amended by striking Code Section 17-8-21, relating to when a
showing for a continuance is required of the state, and inserting in lieu
thereof the following:
"17-8-21.
In
all cases in which the defendant cannot, according to law, demand a
speedy
trial, a continuance shall not be granted to the state, except upon a reasonable
showing
therefor."
SECTION
5.
Said
title is further amended by striking subsection (c) of Code Section 17-8-31,
relating to grounds for granting of continuances, and inserting in lieu thereof
the following:
"(c)
In cases in which a demand for
speedy
trial has been filed in accordance with Code Section 17-7-170 or 17-7-171, the
court shall grant the continuance if the party moving for a continuance pursuant
to subsection (b) of this Code section establishes by testimony, affidavits, or
other evidence that:
(1)
The witness is material and necessary;
(2)
The witness is located outside the territorial limits of the state;
(3)
The party has submitted a request to the proper military authorities for the
testimony of the witness in accordance with Section 301 of Title 5 of the United
States Code and federal regulations or directives issued by the armed forces
pursuant thereto; and
(4)
The witness will not be available within the time limits prescribed by Code
Section 17-7-170 or 17-7-171.
This
continuance shall toll the running of the demand for
speedy
trial and shall continue the trial until the witness is released from active
duty or the military makes the witness available to testify. If the witness
only becomes available to testify within the last two weeks of the term of court
in which the case must be tried, the case may be tried at the next succeeding
term of
court."
SECTION
6.
Code
Section 38-3-62 of the Official Code of Georgia Annotated, relating to
suspension or tolling of deadlines and time schedules in the event of a judicial
emergency, is amended by striking paragraph (3) and inserting in lieu thereof
the following:
"(3)
The time within which to try a case for which a demand for
speedy
trial has been
filed;"
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.