07 LC 29
2607ER
Senate
Bill 97
By:
Senators Hamrick of the 30th and Seabaugh of the 28th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia
Annotated, relating to conduct of criminal trial proceedings, so as to require
parties to raise specific objections to jury charges prior to the jury retiring
to deliberate; to provide that failure to raise objections shall preclude
appellate review except under limited circumstances; to provide for related
matters; to provide for 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
3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating
to criminal trial proceedings, is amended by adding a new Code section to read
as follows:
"17-8-58.
(a)
Any party who objects to any portion of the charge to the jury or the failure to
charge the jury shall inform the court of the specific objection and the grounds
for such objection before the jury retires to deliberate. Such objections shall
be done outside of the jury´s hearing and presence.
(b)
Failure to object in accordance with subsection (a) of this Code section shall
preclude appellate review of such portion of the jury charge, unless such
portion of the jury charge constitutes plain error which affects substantial
rights of the parties. Such plain error may be considered on appeal even if it
was not brought to the court´s attention as provided in subsection (a) of
this Code section."
SECTION
2.
This
Act shall become effective on July 1, 2007, and shall apply to all trials which
occur on or after July 1, 2007.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.