06 LC 34
0700/AP
House
Bill 1499 (AS PASSED HOUSE AND SENATE)
By:
Representative Cheokas of the
134th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating the State Court of Sumter County, approved November 22,
1900 (Ga. L. 1900, p. 93), as amended, so as to provide that on and after
January 1, 2007, the district attorney of the judicial circuit within which
Sumter County is located shall represent the state in all criminal prosecutions
brought in the State Court of Sumter County and shall perform the duties of the
office of solicitor-general of the state court; to provide for the powers,
duties, and responsibilities of said district attorney in such state court; to
authorize the establishment of a state court division by said district attorney;
to provide for the assignment, appointment, and compensation of personnel by
said district attorney; to provide for annual budgets; to provide for the
transfer of books, papers, and other office property to said district attorney;
to provide that no election shall be held for the office of solicitor-general of
the state court; to provide for definitions and references; to provide for
submission to the Justice Department for preclearance; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating the State Court of Sumter County, approved November 22, 1900 (Ga.
L. 1900, p. 93), as amended, is amended by adding a new Section 6C to read as
follows:
"SECTION
6C.
(a)
On and after January 1, 2007, the district attorney of the judicial circuit in
which Sumter County is located shall represent the state in all criminal cases
in the State Court of Sumter County as provided in paragraphs (1) and (4) of
subsection (c) of Code Section 15-18-60 of the O.C.G.A. and shall have all of
the duties, powers, and responsibilities of a solicitor-general as provided by
law. The district attorney of said circuit may establish a state court division
and designate assistant district attorneys to prosecute such cases in the State
Court of Sumter County as provided in subsection (c) of Code Section 15-18-61 of
the O.C.G.A.
(b)
In addition to any other personnel which said district attorney is authorized to
appoint pursuant to Article 1 of Chapter 18 of Title 15 of the O.C.G.A., the
district attorney of said circuit shall be authorized to appoint an assistant
district attorney to assist in the prosecution of criminal cases in the State
Court of Sumter County, said assistant district attorney to be compensated in an
amount determined in accordance with the provisions of Code Section 15-18-20 of
the O.C.G.A. In addition, the district attorney shall be authorized to appoint
at least one administrative, clerical, and paraprofessional personnel to provide
support for the state court division. The compensation and number of such
additional personnel shall be determined by the governing authority of Sumter
County as part of the annual budget for said district attorney.
(c)
No election shall be held for the office of solicitor-general of the State Court
of Sumter County for the term of office that begins on or after January 1, 2007,
and such office shall stand abolished. On or after January 1, 2007, any
reference in this Act or any other law of this state to the solicitor-general of
the State Court of Sumter County shall be deemed to mean and refer to the
district attorney of the judicial circuit in which Sumter County is located. It
shall be the duty of the solicitor-general of the State Court of Sumter County
to deliver all books, papers, and other office property to the district attorney
of such circuit as provided by Code Section 45-6-7 of the O.C.G.A. on or before
the end of the term of office to which said solicitor-general was elected or
vacating said office, whichever occurs
first."
SECTION
2.
The
governing authority of Sumter County shall through its legal counsel cause this
Act to be submitted for preclearance under the federal Voting Rights Act of
1965, as amended; and such submission shall be made to the United States
Department of Justice or filed with the appropriate court no later than 45 days
after the date on which this Act is approved by the Governor or otherwise
becomes law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.