08 LC 29
3217
House
Bill 1293
By:
Representatives Ralston of the
7th
and Willard of the
49th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia
Annotated, relating to the death penalty generally, so as to extend the period
of review for the Supreme Court´s consideration of applications for
pretrial proceedings in cases in which the death penalty is sought; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating
to the death penalty generally, is amended by revising subsection (d) of Code
Section 17-10-35.1, relating to review of pretrial proceedings in cases in which
the death penalty is sought, as follows:
"(d)
The Supreme Court shall issue an order granting review of the pretrial
proceedings, or portions thereof, or denying review within
20
45
days of the date on which the case was received. The order of the Supreme Court
shall identify the matters which shall be subject to review, and such matters
may include, but need not be limited to, any matters called to the court´s
attention in any of the reports or in any application for appeal. No notice of
appeal shall be required to be filed if review of the pretrial proceedings is
granted. An order granting review of pretrial proceedings shall specify the
period of time within which each party shall file briefs and reply briefs with
respect to the matters identified in the Supreme Court´s order granting
review. The Supreme Court may order oral argument or may render a decision on
the record and the briefs."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.
