06 LC 29
2014
House
Bill 986
By:
Representatives Lunsford of the
110th,
Ehrhart of the
36th,
Ralston of the
7th,
Willard of the
49th,
and Lindsey of the
54th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 24-10-130 of the Official Code of Georgia Annotated, relating
to when depositions to preserve testimony in criminal proceedings may be taken,
so as to allow depositions to be taken of persons who are not legal residents of
the United States under certain circumstances; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 24-10-130 of the Official Code of Georgia Annotated, relating to when
depositions to preserve testimony in criminal proceedings may be taken, is
amended by striking subsection (b) and inserting in lieu thereof the
following:
∀(b)
The court shall not order the taking of the
witnesśs
testimony, except as provided in paragraph (2) of subsection (a) of this Code
section, unless it appears to the satisfaction of the court that the testimony
of the witness is material to the case and the witness:
(1)
Is in imminent danger of death;
(2)
Has been threatened with death or great bodily harm because of the
witnesśs
status as a potential witness in a criminal trial or proceeding;
(3)
Is about to leave the state and there are reasonable grounds to believe that
such witness will be unable to attend the trial;
(4)
Is so sick or infirm as to afford reasonable grounds to believe that such
witness will be unable to attend the trial;
or
(5)
Is being detained as a material witness and there are reasonable grounds to
believe that the witness will flee if released from
detention;
or
(6)
Has not been lawfully admitted to the United States for permanent
residence.∀
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.