07 LC 29
2796S
The
Senate Judiciary Committee offered the following substitute to SB
119:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Titles 17 and 24 of the Official Code of Georgia Annotated, relating to
criminal procedure and evidence, respectively, so as to provide victims of crime
and delinquent acts and members of their immediate family with certain rights;
to provide for certain procedures relating to a victim of a crime or delinquent
act or member of the immediate family; to provide for certain exemptions for a
victim of a crime or delinquent act; to provide certain requirements relating to
the testimony of the victim of a crime or delinquent act; to provide for
application to criminal proceedings and juvenile delinquency proceedings; to
provide for related matters; 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 the criminal
procedure, is amended in Chapter 17, the "Crime Victims´ Bill of Rights,"
by adding a new Code section to read as follows:
"17-17-17.
(a)
A member of the immediate family of a victim may not be excluded from any
portion of any hearing, trial, or proceeding pertaining to the offense based
solely on the fact that such person is subpoenaed to testify unless the party
subpoenaing such person establishes that such family member is a material and
necessary witness to such hearing, trial, or proceeding and the court finds that
there is a substantial probability that such person´s presence would impair
the conduct of a fair trial.
(b)
The provisions of this Code section shall apply to all criminal proceedings and
delinquency proceedings in juvenile court.
(c)
The provisions of this Code section shall not be construed as impairing the
authority of a judge to remove a person from a trial or hearing or any portion
thereof for the same causes and in same manner as the rules of court or law
provides for the exclusion or removal of the defendant."
SECTION
2.
Title
24 of the Official Code of Georgia Annotated, relating to evidence, is amended
by revising Code Section 24-9-61.1, relating to the presence in court of the
victim of a criminal offense, as follows:
"24-9-61.1.
(a)
The victim of a
delinquent act
or criminal offense
may
shall
be entitled to be present
during the
trial or hearing or any portion thereof in
any court exercising jurisdiction over such
offense,
including a juvenile court; provided, however, that a judge may remove a victim
from a trial or hearing or any portion thereof for the same causes and in same
manner as the rules of court or law provides for the exclusion or removal of the
defendant or, after notice and hearing, the court determines such person´s
presence would impair the conduct of a fair
trial.
It shall be
within the sole discretion of the judge to implement the provisions of this Code
section and determine when to allow such victim to be present in such court and,
if such victim is permitted to be present, to determine the order in which the
testimony of such victim shall be given.
A motion to
exclude a victim from the courtroom for any reason other than misconduct shall
be made and determined prior to jeopardy attaching.
(b)
A victim of a delinquent act or criminal offense who has been or may be
subpoenaed to testify at such hearing or trial shall be exempt from the
provisions of Code Section 24-9-61 requiring the separation or exclusion of
witnesses from court; provided, however, that the court may require that the
victim be scheduled to testify as early as practical in the
proceedings.
(b)(c)
The failure of a victim to exercise any right granted by this Code section shall
not be a cause or ground for an appeal of a conviction by a defendant or for any
court to set aside, reverse, or remand a criminal conviction."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.