08 LC
29 3345S
House
Bill 1314 (COMMITTEE SUBSTITUTE)
By:
Representative Ralston of the
7th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 5 and Chapter 18 of Title 15 of the Official Code of Georgia
Annotated, relating to appeal and error and prosecuting attorneys, respectively,
so as to change provisions relating to the state´s right to appeal in
criminal cases; to authorize the state to have the right of direct appeal in
certain cases rather than having to seek certification; to provide the state
with the right to appeal orders granting a defendant a bench trial over the
objection of the state; to provide for direct appeal when a district attorney or
solicitor is disqualified from prosecuting a case; to remove references to the
former City Court of Atlanta; to amend Code Section 36-32-1 of the Official Code
of Georgia Annotated, relating to establishment of municipal courts, so as to
correct a cross-reference; to provide for related matters; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
5 of the Official Code of Georgia Annotated, relating to appeal and error, is
amended by revising subsection (a) of Code Section 5-5-1, relating to the power
of probate, superior, state, juvenile, and City of Atlanta courts, as
follows:
"(a)
The superior, state, and juvenile courts
and the
City Court of Atlanta shall have power to
correct errors and grant new trials in cases or collateral issues in any of the
respective courts in such manner and under such rules as they may establish
according to law and the usages and customs of courts."
SECTION
2.
Said
title is further amended by revising subsection (a) of Code Section 5-7-1,
relating to orders, decisions, or judgments appealable by the state in criminal
cases, as follows:
"(a)
An appeal may be taken by and on behalf of the State of Georgia from the
superior courts, state courts,
City Court
of Atlanta, and juvenile courts and such
other courts from which a direct appeal is authorized to the Court of Appeals of
Georgia and the Supreme Court of Georgia in criminal cases and adjudication of
delinquency cases in the following instances:
(1)
From an order, decision, or judgment setting aside or dismissing any indictment,
accusation, or petition alleging that a child has committed a delinquent act or
any count thereof;
(2)
From an order, decision, or judgment arresting judgment of conviction or
adjudication of delinquency upon legal grounds;
(3)
From an order, decision, or judgment sustaining a plea or motion in bar, when
the defendant has not been put in jeopardy;
(4)
From an order, decision, or judgment suppressing or excluding evidence illegally
seized or excluding the results of any test for alcohol or drugs in the case of
motions made and ruled upon prior to the impaneling of a jury or the defendant
being put in jeopardy, whichever occurs first;
(5)
From an order, decision, or judgment of a court where the court does not have
jurisdiction or the order is otherwise void under the Constitution or laws of
this state;
(6)
From an order, decision, or judgment of a superior court transferring a case to
the juvenile court pursuant to subparagraph (b)(2)(B) of Code Section
15-11-28;
(7)
From an order, decision, or judgment
of a
superior court granting a motion for new
trial or an extraordinary motion for new trial;
(8)
From an order, decision, or judgment denying a motion by the state to recuse or
disqualify a judge made and ruled upon prior to the defendant being put in
jeopardy;
or
(9)
From an order, decision, or judgment issued pursuant to subsection (c) of Code
Section
17-10-6.2;
or
(10)
From an order, decision, or judgment in the superior or state court granting the
defendant a bench trial over the objection of the
state."
SECTION
3.
Said
title is further amended by revising Code Section 5-7-2, relating to
certification required for immediate review of nonfinal orders, decisions, or
judgments, as follows:
"5-7-2.
(a)
Other than
from an order, decision, or judgment sustaining a motion to suppress evidence
illegally seized
Except as
provided in subsection (b) of this Code
section, in any appeal under this chapter
where the order, decision, or judgment is not final, it shall be necessary that
the trial judge certify within ten days of entry thereof that the order,
decision, or judgment is of such importance to the case that an immediate review
should be had.
(b)
The state shall have the right of direct appeal from any order, decision, or
judgment as described in paragraphs (4), (6), (7), (8), (9), or (10) of
subsection (a) of Code Section 5-7-1, subsection (g) of Code Section 15-18-5, or
subsection (d) of Code Section
15-18-65."
SECTION
4.
Chapter
18 of Title 15 of the Official Code of Georgia Annotated, relating to
prosecuting attorneys, is amended by revising subsection (g) of Code Section
15-18-5, relating to appointment of substitute for absent or disqualified
district attorney, as follows:
"(g)
Any order entered by a court disqualifying a district attorney´s office
from engaging in the prosecution shall specify the legal basis for such order.
The district attorney may, on behalf of the state and prior to the defendant in
a criminal case being put in jeopardy,
apply for a
certificate of immediate review
directly
appeal as provided in Code Section 5-7-2,
and such order shall be subject to appellate review as provided in Chapter 7 of
Title 5."
SECTION
5.
Said
chapter is further amended by revising subsection (d) of Code Section 15-18-65,
relating to a solicitor´s disqualification from interest or relationship,
as follows:
"(d)
Any order entered by a court disqualifying a solicitor-general´s office
from engaging in the prosecution shall specify the legal basis of such order.
The solicitor-general may, on behalf of the state and prior to the defendant in
a criminal case being put in jeopardy,
apply for a
certificate of immediate review
directly
appeal as provided in Code Section 5-7-2,
and such order shall be subject to appellate review as provided by Chapter 7 of
Title 5."
SECTION
6.
Code
Section 36-32-1 of the Official Code of Georgia Annotated, relating to
establishment of municipal courts, is amended by revising subsection (a) as
follows:
"(a)
Each municipal corporation of this state shall, unless otherwise provided in the
local law relating to a particular municipal corporation, be authorized to
establish and maintain a municipal court having jurisdiction over the violation
of municipal ordinances and over such other matters as are by general law made
subject to the jurisdiction of municipal courts. Any such court shall be styled
as a municipal court. Any reference in this Code or in any local law to a
corporate court, police court, recorder´s court, mayor´s court, or any
such court known by any other name which has jurisdiction over the violation of
municipal offenses shall be deemed to mean a municipal court. Except in this
Code section
and in the
laws relating to the City Court of
Atlanta, the terms 'corporate court,'
'corporate courts,' 'police court,' 'police courts,' 'recorder´s court,'
'recorders´ courts,' 'mayor´s court,' and 'mayors´ courts,' when
such terms refer to a court of a municipal corporation, are stricken wherever
they appear in any general or local law of this state and the term 'municipal
court' or 'municipal courts,' whichever is appropriate, is inserted in lieu
thereof. The change in the name of any such court as provided for by Article
VI, Section X, Paragraph I of the Constitution of the State of Georgia and by
this Code section shall not affect the validity of any action or prosecution in
such court."
SECTION
7.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.