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Criminal Procedure

CRIMINAL PROCEDURE Courts and Legal Defense for Indigents: Clarify and Change Provisions Relating to Fees and Collection of Fees for Indigent Defense Services; Provide that Local Victim Assistance Funds Collected by the Courts Shall be Paid Directly t...

The Bill clarifies and changes provisions related to fees and the collection of fees for indigent defense services. The Bill provides that local victim assistance funds collected by the courts shall be paid directly to the county governing authority or the district attorney. Further, the Bill provides that the Criminal

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CRIMES AND OFFENSES Defenses to Criminal Prosecutions: Provide That Person Who Is Attacked Has No Duty to Retreat; Provide Immunity from Prosecution

The Act clarifies and amends the Georgia law regarding the justifiable use of deadly force and duty to retreat. Its purposes are to extend the protections of the castle doctrine beyond one's home, vehicle and business to anywhere one has the legal right to be; to codify explicitly

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CRIMINAL PROCEDURE Legal Defense of Indigents: Create the Georgia Public Defender Standards Council to Set State-Wide Standards for the Legal Representation of Indigent Defendants and Provide Budget Authority to Such Council

The Georgia Indigent Defense Act creates a state-wide public defender system overseen by the Georgia Public Defender Standards Council. The Council will establish guidelines to ensure consistent and quality legal representation of all indigent defendants. The Act addresses qualification and training, caseload size, performance and compensation standards, as well as

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COURTS Sheriffs: Prohibit Sheriffs from Engaging in Private Security, Private Investigation, or Bail Bond Businesses

The Act prohibits sheriffs from engaging either directly or indirectly in any private security business, any private investigation business, any bail bond business, or any wrecker towing business. The Act also defines the term "engaging indirectly" as it applies to a sheriff's activities. Download PDF

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MOTOR VEHICLES AND TRAFFIC Use of Radar Speed Detection Devices: Allow Speed Detection Devices to Be Operated by Part-Time Peace Officers; Allow Law Enforcement Agencies to Use Speed Detection Devices on Streets and Roads for Which an Application is P...

The Act allows law enforcement agencies to apply for certificates to use speed detection devices so long as the applicant provides continuous law enforcement services or allows only full-time officers to operate such devices. The Act defines what is commonly know as a "speed trap." It provides a

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LAW ENFORCEMENT AND OTHER AGENCIES Employment and Training and Peace Officers; Restrict Public Access to Bomb Technicians' Training Materials

The Act removes bomb technician training materials from the domain of the Georgia Open Records Act and requires a judge's order to access the restricted information. The Act also expands the resource sharing authorization for bomb technicians to include emergency medical technicians with specialty training in blast trauma;

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CRIMINAL PROCEDURE, COURTS Crime Victims' Bill of Rights: Provide for Crime Victims' Rights; Increase Maximum Amount of Compensation Payable to Victims of Crimes; District Attorneys: Provide for Additional Duties of District Attorneys with Respect to C...

Act 289, originating as HB 170, provides for a victims’ “Bill of Rights.” Crime victims must be notified of specific events in the judicial process, including the capture, charging, or conviction of a suspect or when a convict is under parole consideration. Act 289

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CRIMINAL PROCEDURE Pretrial Proceedings: Provide for Transfer of Indictments; Revise Procedures for Handling Individuals Not Competent to Stand Trial; Revise Criminal Discovery for Felonies

The Act covers three different topics: transfer of indictment, competency to stand trial, and felony discovery. The transfer of indictment section allows an indictment or accusation to be transferred from the county where it is pending to the county where the defendant was arrested, is held, or is present. The

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CRIMINAL PROCEDURE Bonds and Recognizances: Expand Superior Court Jurisdiction of Bail Hearings; Create Rebuttable Presumption of Flight for Persons Accused of Certain Violent Crimes

The Act amends bail hearing procedures, providing that certain offenses are bailable only before a superior court judge. In addition, the Act limits when bail can be granted in cases involving certain offenses. Lastly, the Act creates a rebuttable presumption of flight for those defendants facing a second conviction for

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CRIMINAL PROCEDURE Sentence and Punishment: Provide that Persons Who are Convicted of Certain Serious Violent Felonies Shall Serve Minimum Prison Sentences and Other Court Ordered Sentences in Their Entirety; Provide that a Person Who Has Been Convicte...

The Sentence Reform Act of 1994 provides for a minimum sentence of ten years for persons convicted for the first time of serious violent felonies with the sentence to be served in its entirety. Furthermore, the Act provides that when the court orders sentences for first-time conviction of serious violent

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