06 LC 35
0003
House
Bill 956
By:
Representatives Manning of the
32nd,
Tumlin of the
38th,
Ehrhart of the
36th,
Parsons of the
42nd,
Johnson of the
37th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 17-4-47 of the Official Code of Georgia Annotated, relating
to issuance of arrest warrants by video conference, testimony, initial bond
hearings, and oaths, so as to provide that an arrest warrant for a probation
violation may be issued by means of a video conference; to provide that a
hearing relating to the issuance of a bond connected with an offense may be
issued by such a conference; to amend Code Section 42-8-38 of the Official Code
of Georgia Annotated, relating the arrest of a probationer for violation of
terms of probation and hearings and disposition of such charges, so as to
provide that probation proceedings may be conducted by means of a video
conference; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 17-4-47 of the Official Code of Georgia Annotated, relating to issuance
of arrest warrants by video conference, testimony, initial bond hearings, and
oaths, is amended by striking in its entirety subsection (a) and inserting in
lieu thereof the following:
"(a)
A judge of any court in this state authorized to issue arrest warrants pursuant
to Code Section
17-4-40,
including, without limitation, arrest warrants issued pursuant to Code Section
42-8-38, may, as an alternative to other
laws relating to the issuance of arrest warrants, conduct such applications for
the issuance of arrest warrants by video
conference."
SECTION
2.
Said
Code section is further amended by striking in its entirety subsection (d) and
inserting in lieu thereof the following:
"(d)
A judge may also utilize a video conference to conduct hearings relating to the
issuance of
an
initial
a
bond connected with an offense for which
an arrest
warrant is issued
a person is
charged, provided that the setting of such
bond is within the jurisdiction of that
court."
SECTION
3.
Code
Section 42-8-38 of the Official Code of Georgia Annotated, relating to arrest of
a probationer for violation of the terms of probation and hearings and
disposition of such charges, is amended by striking in its entirety subsection
(b) and inserting in lieu thereof the following:
"(b)
The court, upon the probationer being brought before it, may commit him
or
her or release him
or
her with or without bail to await further
hearing or it may dismiss the charge. If the charge is not dismissed at this
time, the court shall give the probationer an opportunity to be heard fully at
the earliest possible date on his
or
her own behalf, in person or by counsel,
provided that, if the revocation proceeding is in a court other than the court
of the original criminal conviction, the sentencing court shall be given ten
dayś
written notice prior to a hearing on the merits.
In the
discretion of the presiding court, proceedings conducted pursuant to this Code
section may be held in open court or by video conference or other audiovisual
device."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.