LC 29 2977
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to
where offenses are bailable, procedure, schedule of bails, and appeal bonds, so
as to require persons who are not lawfully present in the United States and who
are charged with a felony to have bail set by a superior court judge; to amend
Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to
fixing of sentence, so as to correct a cross-reference; to provide for other
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 17-6-1 of the Official Code of Georgia Annotated, relating to where
offenses are bailable, procedure, schedule of bails, and appeal bonds, is
amended by revising subsections (a), (b), (c), and (d) to read as
follows:
"(a)(1)The
following offenses are bailable only before a judge of the superior
court:
(1)(A)
Treason;
(2)(B)
Murder;
(3)(C)
Rape;
(4)(D)
Aggravated sodomy;
(5)(E)
Armed robbery;
(6)(F)
Aircraft hijacking and hijacking a motor vehicle;
(7)(G)
Aggravated child molestation;
(8)(H)
Aggravated sexual battery;
(9)(I)
Manufacturing, distributing, delivering, dispensing, administering, or selling
any controlled substance classified under Code Section 16-13-25 as Schedule I or
under Code Section 16-13-26 as Schedule II;
(10)(J)
Violating Code Section 16-13-31, relating to trafficking in cocaine,
methamphetamine, or marijuana;
(11)(K)
Kidnapping, arson, aggravated assault, or burglary if the person, at the time of
the alleged kidnapping, arson, aggravated assault, or burglary, had previously
been convicted of, was on probation or parole with respect to, or was on bail
for kidnapping, arson, aggravated assault, burglary, or one or more of the
offenses listed in
paragraphs
(1) through (10) of this subsection
subparagraphs
(A) through (J) of this paragraph;
and
(12)(L)
Aggravated stalking.
(2)
Any person not lawfully present in the United States who is charged with any
felony shall appear only before a judge of the superior court for the purpose of
having bail set.
(b)(1)
All offenses not included in
paragraph (1)
of subsection (a) of this Code section are
bailable by a court of inquiry
and any person
not included in paragraph (2) of subsection (a) may have bail set by a court of
inquiry. Except as provided in subsection
(g) of this Code section, at no time, either before a court of inquiry, when
indicted or accused, after a motion for new trial is made, or while an appeal is
pending, shall any person charged with a misdemeanor be refused
bail.
(2)
Except as otherwise provided in this chapter:
(A)
A person charged with violating Code Section 40-6-391 whose alcohol
concentration at the time of arrest, as determined by any method authorized by
law, violates that provided in paragraph (5) of subsection (a) of Code Section
40-6-391 may be detained for a period of time up to six hours after booking and
prior to being released on bail or on recognizance; and
(B)
When an arrest is made by a law enforcement officer without a warrant upon an
act of family violence pursuant to Code Section 17-4-20, the person charged with
the offense shall not be eligible for bail prior to the arresting officer or
some other law enforcement officer taking the arrested person before a judicial
officer pursuant to Code Section 17-4-21.
(3)(A)
Notwithstanding any other provision of law, a judge of a court of inquiry may,
as a condition of bail or other pretrial release of a person who is charged with
violating Code Section 16-5-90 or 16-5-91, prohibit the defendant from entering
or remaining present at the victim´s school, place of employment, or other
specified places at times when the victim is present or intentionally following
such person.
(B)
If the evidence shows that the defendant has previously violated the conditions
of pretrial release or probation or parole which arose out of a violation of
Code Section 16-5-90 or 16-5-91, the judge of a court of inquiry may impose such
restrictions on the defendant which may be necessary to deter further stalking
of the victim, including but not limited to denying bail or pretrial
release.
(c)(1)
In the event a person is detained in a facility other than a municipal jail
for an
offense which is bailable only before
because bail
may only be set by a judge of the superior
court, as provided in subsection (a) of this Code section, and a hearing is held
pursuant to Code Section 17-4-26 or 17-4-62, the presiding judicial officer
shall notify the superior court in writing within 48 hours that the arrested
person is being held without bail. If the detained person has not already
petitioned for bail as provided in subsection (d) of this Code section, the
superior court shall notify the
district
prosecuting
attorney and shall set a date for a hearing on the issue of bail within 30 days
after receipt of such notice.
(2)
In the event a person is detained in a municipal jail
for a period
of 30 days
for an
offense which is bailable only before
because bail
may only be set by a judge of the superior
court,
as provided in subsection (a) of this Code section
for a
period of 30 days, the municipal court
shall notify the superior court in writing within 48 hours that the arrested
person has been held for such time without bail. If the detained person has not
already petitioned for bail as provided in subsection (d) of this Code section,
the superior court shall notify the
district
prosecuting
attorney and set a date for a hearing on the issue of bail within 30 days after
receipt of such notice.
(3)
Notice sent to the superior court pursuant to paragraph (1) or (2) of this
subsection shall include any incident reports and criminal history reports
relevant to the detention of such person.
(d)
A person
charged
with any offense which is bailable only before a judge of the superior
court
detained
as provided in subsection (a) of this Code section may petition the superior
court requesting that such person be released on bail. The court shall notify
the
district
prosecuting
attorney and set a date for a hearing within ten days after receipt of such
petition."
SECTION
2.
Code
Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of
sentence, is amended by revising subparagraph (a)(3)(B) as follows:
"(B)
A parolee or probationer charged with a misdemeanor involving physical injury or
an attempt to commit physical injury or terroristic threats or with a new felony
shall not be entitled to bond pending a hearing on the revocation of his or her
parole or probation, except by order of a judge of the superior, state, or
magistrate court wherein the alleged new offense occurred after a hearing and
upon determination of the superior, state, or magistrate court that the parolee
or probationer does not constitute a threat to the community; provided, however,
that this subparagraph
does
shall
not authorize state or magistrate court judges to grant bail for a person
who is not
lawfully present in the United States and who is charged with a felony or who
is charged with any offense
listed
as
provided in subsection (a) of Code Section
17-6-1."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.