05 LC 14
8922ER
Senate
Bill 2
By:
Senators Hamrick of the 30th, Johnson of the 1st, Stephens of the 27th, Seabaugh
of the 28th, Smith of the 52nd and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia
Annotated, relating to trial juries, so as to provide the state and the accused
with same number of peremptory challenges in misdemeanor, felony, and death
penalty cases, and in challenging alternate jurors; to provide the manner in
which peremptory challenges are made; to change the size of the jury panel in
felony and death penalty cases; to provide the manner in which the number of
alternative jurors is determined; to amend Code Section 17-8-4 of the Official
Code of Georgia Annotated, relating to the procedure for trial of jointly
indicted defendants and other matters relating to jointly indicted defendants,
so as to provide the state with an equal number of additional peremptory
challenges in trials for jointly indicted defendants; to provide for related
matters; to provide for an effective date; to provide for applicability; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating
to trial juries, is amended by striking Code Section 15-12-125 relating to
demand of jury panels in misdemeanor trials, and inserting in lieu thereof the
following:
"15-12-125.
For
the trial of misdemeanors in all courts, each party may demand a full panel of
12 competent and impartial jurors from which to select a jury. When one or more
of the regular panel of trial jurors
is
are
absent or for any reason disqualified, the judge, at the request of counsel for
either party, shall cause the panel to be filled by additional competent and
impartial jurors to the number of 12 before requiring the parties or their
counsel to strike a jury. From this panel, the
accused
shall have the right to challenge four
peremptorily,
defendant
and the state
two
shall each
have the right to challenge three jurors peremptorily. The defendant and the
state shall exercise their challenges as provided in Code Section
15-12-166. The remaining six
jurors
shall constitute the
jury."
SECTION
2.
Said
article is further amended by striking Code Section 15-12-160, relating to the
required panel of jurors in felony trials and the summoning of tales jurors, and
inserting in lieu thereof the following:
"15-12-160.
When
any person stands indicted for a felony, the court shall have impaneled
30
24
jurors from which the defense and prosecution may strike jurors; provided,
however, in any case in which the state announces its intention to seek the
death penalty, the court shall have impaneled
42
32
jurors from which the defense and state may strike jurors. If, for any reason,
after striking from the panel there remain less than 12 qualified jurors to try
the case, the presiding judge shall summon such numbers of persons who are
competent jurors as may be necessary to provide a full panel. In making up the
panel or successive panels, the presiding judge shall draw the tales jurors from
the jury box of the county and shall order the sheriff to summon
them."
SECTION
3.
Said
article is amended further by striking Code Section 15-12-165, relating to the
number of peremptory challenges of jurors, and inserting in lieu thereof the
following:
"15-12-165.
Every
person
indicted
for a crime or offense
accused of a
felony may peremptorily challenge
12
six
of the jurors impaneled to try him
or
her. The state shall be allowed
one-half
the
same
number of peremptory challenges allowed to the
accused
defendant;
provided, however, in any case in which the state announces its intention to
seek the death penalty, the
person
indicted for the crime
defendant
may peremptorily challenge
20
ten
jurors and the state shall be allowed
one-half
the
same
number of peremptory challenges
allowed to
the
accused."
SECTION
4.
Said
article is amended further by striking Code Section 15-12-166, relating to
jurors not challenged are to be sworn, and inserting in lieu thereof the
following:
"15-12-166.
If
a juror is found competent
and is not
challenged peremptorily by the state, he shall be put upon the
accused, the
defendant and the state shall alternate in exercising their peremptory
challenges with the defendant exercising the first challenge. Unless the
parties and the court agree to another procedure, peremptory challenges shall be
exercised in a manner so that the challenges shall not be heard by the
jurors. Unless
he
the
juror is challenged peremptorily by the
accused
defendant or
the state, the juror shall be sworn to try
the
case."
SECTION
5.
Said
article is amended further by striking Code Section 15-12-169, relating to the
manner of selecting alternate jurors, and inserting in lieu thereof the
following:
"15-12-169.
Alternate
jurors must be drawn from the same source and in the same manner and have the
same qualifications as the jurors already sworn. They shall be subject to the
same examination and challenges.
The number of
alternative jurors shall be determined by the
court. The state
and the
defendant shall be entitled to as many
peremptory challenges to alternate jurors as there are alternate jurors called.
The
defendant shall be entitled to additional peremptory challenges in an amount
twice greater than the additional peremptory challenges of the
state. The peremptory challenges allowed
to the state and to the defendant in such event shall be in addition to the
regular number of peremptory challenges allowed in criminal cases to the
defendant and to the state as provided by law. When two or more defendants are
tried jointly,
each
defendant shall be entitled to as many peremptory challenges to alternate jurors
as there are alternate jurors called
the number and
manner of exercising peremptory challenges shall be determined as provided in
Code Section
17-8-4."
SECTION
6.
Code
Section 17-8-4 of the Official Code of Georgia, relating to the procedure for
trial of jointly indicted defendants and other matters relating to jointly
indicted defendants, is amended by striking said Code section and inserting in
lieu thereof the following:
"17-8-4.
(a)
When two or more defendants are jointly indicted for a capital offense, any
defendant so electing shall be separately tried unless the state shall waive the
death penalty. When indicted for a capital felony when the death penalty is
waived, or for a felony less than capital, or for a misdemeanor, such defendants
may be tried jointly or separately in the discretion of the trial court. In any
event, a jointly indicted defendant may testify for another jointly indicted
defendant or on behalf of the state. When separate trials are ordered in any
case, the defendants shall be tried in the order requested by the state. If the
offense requires joint action and concurrence of two or more persons, acquittal
or conviction of one defendant shall not operate as acquittal or conviction of
others not tried.
(b)
When two or more defendants are tried jointly for a crime or offense, such
defendants shall be entitled to the same number of strikes as a single defendant
if tried separately. The strikes shall be exercised jointly by the defendants
or shall be apportioned among the defendants in the manner the court shall
direct. In the event two or more defendants are tried jointly, the court, upon
request of the defendants, acting in its sole discretion, may allow an equal
number of additional strikes to the defendants, not to exceed five each, as the
court shall deem necessary, to the ends that justice may prevail.
The court
shall allow the state the same number of additional strikes as are allowed to
the
defendants."
SECTION
7.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
8.
This
Act shall apply to all trials that commence on or after the effective date of
this Act.
SECTION
9.
All
laws and parts of laws in conflict with this Act are repealed.