08 LC 21
9836
House
Bill 1391
By:
Representatives Willard of the
49th,
Lindsey of the
54th,
Tumlin of the
38th,
Maddox of the
127th,
Jacobs of the
80th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia
Annotated, relating to general provisions relative to magistrate courts, so as
to provide that magistrates shall have jurisdiction to assist superior court
judges and state court judges by presiding over the trial of misdemeanor
violations in state courts; to provide that a superior court judge or a state
court judge shall preside over such trials if a demand for a jury trial is made;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating
to general provisions relative to magistrate courts, is amended by adding a new
Code section to read as follows:
"15-10-2.2.
(a)
Subject to the provisions of subsection (b) of this Code section, in addition to
any other jurisdiction vested in the magistrate courts, magistrates shall have
the right and power to assist superior court judges and state court judges by
presiding over arraignments and pretrial matters, conducting nonjury trials,
receiving pleas of guilty, and imposing sentence upon defendants for any
violation that is punishable for its violation as a misdemeanor or a misdemeanor
of a high and aggravated nature.
(b)
If a defendant has demanded a trial by jury, a magistrate shall have
jurisdiction over the misdemeanor case up to the time of trial, at which time a
superior court judge or a state court judge, as appropriate, shall
preside."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.