07 LC 28
3230
House
Bill 126
By:
Representatives Bearden of the
68th,
Fleming of the
117th,
and Butler of the
18th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 17 of the Official Code of Georgia Annotated, relating to criminal
procedure, so as to provide that a verdict in a felony case, other than a case
involving the death penalty, shall be agreed to by at least 11 of the 12 jurors;
to provide that a verdict in a criminal case in which the death penalty is
sought shall be agreed to by all 12 jurors; to provide for related matters; to
provide an effective date; to provide for applicability; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
17 of the Official Code of Georgia Annotated, relating to criminal procedure, is
amended by revising Code Section 17-9-21, relating to receipt of verdicts, to
read as follows:
"17-9-21.
(a)
Verdicts shall be received only in open court, in the absence of agreement of
the parties.
(b)
Verdicts in felony cases, except those cases in which the death penalty is
sought, shall be agreed to by at least 11 of the 12 jurors. In cases in which
the death penalty is sought, the verdict shall be agreed to by all 12 of the
jurors."
SECTION
2.
This
Act shall become effective on July 1, 2007, and shall apply to all cases filed
on and after such date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.