07 LC 29
2817S
The
House Committee on Judiciary Non-civil offers the following substitute
to HB 586:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 17-12-127 of the Official Code of Georgia Annotated, relating
to representation and appointment of alternative attorneys, so as to change
matters relating to appointment of counsel and attorneys´ fees in capital
cases; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
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
2.
All
laws and parts of laws in conflict with this Act are repealed.