08 LC 29
3273S
House
Bill 1020 (COMMITTEE SUBSTITUTE)
By:
Representatives Golick of the
34th,
Ralston of the
7th,
and Forster of the
3rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 5 of Chapter 11 of Title 9, Chapter 16 of Title 17, and Article 4
of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to
depositions and discovery in civil actions, discovery in criminal cases, and
inspection of public records, respectively, so as to eliminate duplication of
evidence of a violation of Part 2 of Article 3 of Chapter 12 of Title 16; to
provide for controlled access to such evidence in public inspections of
evidence; to change provisions relating to judicial approval being required for
inspection of trial exhibits and reproduction of exhibits; to prohibit public
disclosure of certain evidence under limited circumstances; to provide for
penalties; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating
to depositions and discovery in civil actions, is amended by adding a new Code
section to read as follows:
"9-11-34.1.
Notwithstanding
the provisions of Code Section 9-11-34, in any civil action based upon evidence
seized in a criminal proceeding involving any violation of Part 2 of Article 3
of Chapter 12 of Title 16, a party shall not be permitted to copy any books,
papers, documents, photographs, tangible objects, audio and visual tapes, films
and recordings, or copies or portions thereof."
SECTION
2.
Chapter
16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery
in criminal cases, is amended by revising paragraph (3) of subsection (a) of
Code Section 17-16-4, relating to disclosure required by prosecuting attorney
and defendant and inspections allowed, as follows:
"(3)(A)
Except as provided in subparagraph (B) of this paragraph,
the
The
prosecuting attorney shall, no later than ten days prior to trial, or as
otherwise ordered by the court, permit the defendant at a time agreed to by the
parties or ordered by the court to inspect and copy or photograph books, papers,
documents, photographs, tangible objects, audio and visual tapes, films and
recordings, or copies or portions thereof and to inspect and photograph
buildings or places which are within the possession, custody, or control of the
state or prosecution and are intended for use by the prosecuting attorney as
evidence in the prosecution´s case-in-chief or rebuttal at the trial or
were obtained from or belong to the defendant. Evidence that is within the
possession, custody, or control of the Forensic Sciences Division of the Georgia
Bureau of Investigation or other laboratory for the purpose of testing and
analysis may be examined, tested, and analyzed at the facility where the
evidence is being held pursuant to reasonable rules and regulations adopted by
the Forensic Sciences Division of the Georgia Bureau of Investigation or the
laboratory where the evidence is being held.
(B)
With respect to any books, papers, documents, photographs, tangible objects,
audio and visual tapes, films and recordings, or copies or portions thereof
which are within the possession, custody, or control of the state or prosecution
and are intended for use by the prosecuting attorney as evidence in the
prosecution´s case-in-chief or rebuttal at the trial of any violation of
Part 2 of Article 3 of Chapter 12 of Title 16, such evidence shall, no later
than ten days prior to trial, or as otherwise ordered by the court, be allowed
to be inspected by the defendant but shall not be allowed to be
copied."
SECTION
3.
Article
4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating
to inspection of public records, is amended by revising Code Section 50-18-71.1,
relating to the approval of the judge required for inspection of trial exhibits,
as follows:
"50-18-71.1.
(a)
Notwithstanding any other provision of this article, an exhibit tendered to the
court as evidence in a criminal or civil trial shall not be open to public
inspection without approval of the judge assigned to the case or, if no judge
has been assigned, approval of the chief judge or, if no judge has been
designated chief judge, approval of the judge most senior in length of service
on the court.
(b)
Except as
provided in subsection (d) of this Code section,
in
In
the event inspection is not approved by the court, in lieu of inspection of such
an exhibit, the custodian of such an exhibit shall, upon request, provide one or
more of the following representations of the exhibit:
(1)
A photograph;
(2)
A photocopy;
(3)
A facsimile; or
(4)
Another reproduction.
(c)
The provisions of subsections (b), (c), (d), and (e) of Code Section 50-18-71
shall apply to fees, costs, and charges for providing a photocopy of such an
exhibit. Fees for providing a photograph, facsimile, or other reproduction of
such an exhibit shall not exceed the cost of materials or supplies and a
reasonable charge for time spent producing the photograph, facsimile, or other
reproduction, in accordance with subsections (d) and (e) of Code Section
50-18-71.
(d)
Any physical evidence that is evidence of a violation of Part 2 of Article 3 of
Chapter 12 of Title 16, that is used as an exhibit in a criminal or civil trial,
shall not be open to public inspection except as provided in subsection (a) of
this Code section. If the judge approves inspection of such physical evidence,
the judge shall designate, in writing, the location where such physical evidence
may be inspected, which location shall be in a facility owned or operated by an
agency of state or local government. If the judge permits inspection, such
property or material shall not be photographed, copied, or reproduced by any
means. Any person who violates the provisions of this subsection shall be
guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than five nor more than 20 years and by a fine of not
more than $100,000.00, or
both."
SECTION
4.
Said
article is further amended by revising subsection (a) of Code Section 50-18-72,
relating to when public disclosure is not required, by striking "or" at the end
of paragraph (19), by striking the period and inserting in its place "; or" at
the end of paragraph (20), and by adding a new paragraph to read as
follows:
"(21)
Notwithstanding the provisions of paragraph (4) of this subsection, any physical
evidence or investigatory materials that are evidence of an alleged violation of
Part 2 of Article 3 of Chapter 12 of Title 16, which are in the possession,
custody, or control of law enforcement, prosecution, or regulatory
agencies."
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.