05 LC 28
2260
House
Bill 677
By:
Representatives Burmeister of the
119th,
Fleming of the
117th,
and Ralston of the
7th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 15-10-61 of the Official Code of Georgia Annotated, relating
to trial by jury and removal of cases from magistrate court to state or superior
court, so as to limit the right of removal for jury trial of cases involving
ordinance violations from the magistrate court to state or superior court to
those ordinance violations that also would constitute a misdemeanor under state
law; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 15-10-61 of the Official Code of Georgia Annotated, relating to trial by
jury and removal of cases from magistrate court to state or superior court, is
amended by striking the Code section and inserting in lieu thereof a new Code
Section 15-10-61 to read as follows:
"15-10-61.
There
shall be no jury trials in the magistrate court. Any defendant who is charged
with one or more ordinance violations
for conduct
that would also constitute a misdemeanor under state
law may, at any time before trial, demand
that the case be removed for a jury trial to the state court of the county or to
the superior court of the county if there is no state court. Such a demand
shall be written. Upon such a demand the court shall grant the demand. Failure
to so demand removal of the case shall constitute a waiver of any right to trial
by jury which the defendant may otherwise
have."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.