06 SB135/AP
Senate
Bill 135
By:
Senators Smith of the 52nd, Hill of the 32nd, Grant of the 25th, Kemp of the
46th, Mullis of the 53rd and
others
AS PASSED
AS PASSED
AN
ACT
To
amend Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating
to pretrial proceedings, so as to provide for juvenile justice reforms; to
provide for certain facilities that are detaining certain children to notify
certain officials of the detention; to provide for procedures related to
jurisdiction and indictment for children charged with crimes within the
jurisdiction of superior courts; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial
proceedings, is amended by adding a new Code section to the end of Article 1,
relating to general provisions, to read as follows:
"17-7-3.
The
official in charge of any facility in which a child is detained pending trial in
the superior, state, or juvenile courts, including but not limited to sheriffs,
regional jail authorities, and the Department of Juvenile Justice, shall furnish
at least once a week a list of all children so detained to the chief judge, or
his or her designee, and the prosecuting attorney for the court or courts having
jurisdiction to adjudicate the case against the child. The list shall include
the following information pertaining to each child:
(1)
The
child́s
name;
(2)
The date of arrest;
(3)
The offense charged or other reason for being held;
(4)
The amount of the bond, if known; and
(5)
Whether the child is represented by an attorney and, if represented, the name of
the
attorney."
SECTION
2.
Said
chapter is further amended by adding a new Code section to Article 3, relating
to indictments, to read as follows:
"17-7-50.1.
(a)
Any child who is charged with a crime that is within the jurisdiction of the
superior court, as provided in Code Section 15-11-28 or 15-11-30.2, who is
detained shall within 180 days of the date of detention be entitled to have the
charge against him or her presented to the grand jury. The superior court
shall, upon motion for an extension of time and after a hearing and good cause
shown, grant one extension to the original 180 day period, not to exceed 90
additional days.
(b)
If the grand jury does not return a true bill against the detained child within
the time limitations set forth in subsection (a) of this Code section, the
detained
child́s
case shall be transferred to the juvenile court and shall proceed thereafter as
provided in Chapter 11 of Title 15.
(c)
The provisions of this Code section shall not apply to any case in which the
prosecuting attorney files notice with the court that the detained child is a
codefendant to a case in which an adult is charged with committing the same
offense and the state has filed a notice of its intention to seek the death
penalty."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.