06 LC
35 0042
Senate
Bill 583
By:
Senators Hamrick of the 30th and Shafer of the 48th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 8 of Title 17 of the Official Code of Georgia
Annotated, relating to general provisions for criminal trials, so as to provide
a method for the waiver of the right to trial by jury in a criminal case; to
provide for related matters; to provide for applicability and an effective date;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating
to general provisions for criminal trials, is amended by striking Code Section
17-8-2, relating to indictments and special presentments to be presented to a
jury and exceptions for settlements between the prosecutor and the defendant
which are approved by the court, and inserting in its place a new Code Section
17-8-2 to read as follows:
"17-8-2.
(a)
Whenever a defendant is entitled to a trial by jury, the trial shall be by jury
unless the defendant waives his or her right to a trial by jury in writing, the
state consents to the
defendant́s
waiver, and the court approves of the waiver as indicated by order of the
court.
(b)
All indictments or special presentments shall be submitted to and passed upon by
a jury under the direction of the presiding judge unless there is a settlement
of the case between the prosecutor and the defendant, which settlement shall be
valid only by the approval and order of the court on examination into the merits
of the
case."
SECTION
2.
This
Act shall become effective on July 1, 2006, and shall apply to offenses
committed on or after that date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.