07 HB
586/AP
House
Bill 586 (AS PASSED HOUSE AND SENATE)
By:
Representatives Ralston of the
7th
and Fleming of the
117th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 6 of Title 15 and Code Section 17-12-127 of the
Official Code of Georgia Annotated, relating to the general provisions of
superior courts and representation and appointment of alternative attorneys,
respectively, so as to change certain provisions relative to indigent defense
costs; to specify costs not to be considered contingent expenses; to change
matters relating to appointment of counsel and attorneys´ fees in capital
cases; to provide for related matters; to provide an effective date and
applicability; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating
to the general provisions of superior courts, is amended by revising Code
Section 15-6-24 as follows:
"15-6-24.
(a)
Any contingent expenses incurred in holding any session of the superior court,
including lights, fuel, stationery, rent, publication of grand jury presentments
when ordered published, and similar items, such as taking down testimony in
felony cases, etc., shall be paid out of the county treasury of such county upon
the certificate of the judge of the superior court and without further
order.
(b)
Any costs incurred in providing defense services pursuant to Chapter 12 of Title
17, the 'Georgia Indigent Defense Act of 2003,' for persons accused of crimes
shall not be considered contingent expenses of the superior court for purposes
of this Code section."
SECTION
2.
Code
Section 17-12-127 of the Official Code of Georgia Annotated, relating to
representation and appointment of alternative attorneys, is amended by revising
subsection (b) as follows:
"(b)
If for any reason the office is unable to defend any indigent person accused of
a capital felony for which the death penalty is being sought, the presiding
judge of the superior court in which the case is pending shall appoint
an attorney
or attorneys
counsel
to represent the defendant.
Counsel
appointed pursuant to this subsection shall be
paid
A maximum of
two attorneys shall be paid by the council at an hourly rate established by the
council with state funds appropriated to
the council for use by the office. The council with the assistance of the office
shall establish guidelines for attorney´s fees and expense requests.
A county
governing authority may provide supplemental compensation to appointed counsel.
The presiding judge may appoint not more than one additional attorney to
represent the defendant; provided, however, that such attorney shall be paid by
the county governing authority with county funds at a rate established by the
council."
SECTION
3.
This
Act shall become effective on July 1, 2007, and shall apply to all costs and
fees incurred or counsel appointed on or after July 1, 2007.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.