HB 170 - Criminal Justice Act of 2005; enact

Sponsored In Senate By

Committees

Current Status

04/05/05 - House Date Signed by Governor

First Reader Summary

A BILL to be entitled an Act to enact the "Criminal Justice Act of 2005" so as to substantially revise the laws of this state relating to the conduct of criminal trials and appeals in criminal cases; to provide for a short title; to amend Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, so as to provide that the state may appeal from an order, decision, or judgment of a superior court granting a motion for new trial or denying a motion by the state to recuse or disqualify a judge; 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 the 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 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide the state with an equal number of additional peremptory challenges in trials for jointly indicted defendants; to provide that the prosecuting attorney shall always conclude the argument to the jury; to change the provision relating to notice and argument in presentence hearings; to provide that provisions relating to discovery apply to sentencing proceedings; to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to change the provisions relating to the impeachment of witnesses; to provide for the admission of evidence of character of a witness; to provide for the impeachment of witnesses through evidence of conviction of a crime; to provide for the admission of specific instances of conduct by a witness; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Votes

Electronically Recorded Votes
Date Time Vote No Yeas Nays NV Exc Description
03/11/05 01:48 PM House Vote #214 130 040 004 006 PASS
03/24/05 01:07 PM Senate Vote #371 044 003 001 008 PASSAGE BY SUBSTITUTE
03/29/05 02:16 PM House Vote #437 121 016 039 004 Agree Sen Sub as Am
03/31/05 05:13 PM Senate Vote #537 042 004 007 003 AGREE TO HOUSE AMENDMENT TO SENATE SUBSTITUTE

Status History

Bill History
Date Action
01/27/2005 House First Readers
01/28/2005 House Second Readers
03/10/2005 House Committee Favorably Reported
03/11/2005 House Third Readers
03/11/2005 House Passed/Adopted
03/12/2005 Senate Read and Referred
03/21/2005 Senate Committee Favorably Reported
03/22/2005 Senate Read Second Time
03/24/2005 Senate Third Read
03/24/2005 Senate Passed/Adopted
03/24/2005 Senate Transmits House
03/29/2005 House Agree Senate Amend or Sub
03/31/2005 Senate Agrees House Amend or Sub
04/04/2005 House Sent to Governor
04/05/2005 House Date Signed by Governor
04/05/2005 Act 8
07/01/2005 Effective Date

Footnotes

3/24/05 Immediately transmitted to House
3/29/05 House Agrees to Senate Substitute as Amended by House
3/31/05 Senate agrees to House amendment to Senate substitute