Georgia House of Representatives - 1995/1996 Sessions

HB 413 - Offenses bailable before judge; stalking and aggravated stalking

Page Numbers - 1/ 2

1. Mueller  152nd


House Comm: SJudy      /                Senate Comm: Judy       /               
House Vote: Yeas 122   Nays 0           Senate Vote: Yeas 52  Nays 0            
              ----------------------------------------                          
               House          Action         Senate                             
              ----------------------------------------                          
              1/26/95  Read 1st Time         2/15/95                            
              1/27/95  Read 2nd Time         3/14/95                            
              2/10/95  Favorably Reported    3/14/95                            
              Sub      Committee Amend/Sub                                      
              2/14/95  Read 3rd Time         3/15/95                            
              2/14/95  Passed/Adopted        3/15/95                            
              CS       Comm/Floor Amend/Sub                                     
              3/29/95  Sent to Governor                                         
              4/20/95  Signed by Governor                                       
              442      Act/Veto Number                                          
              7/1/95   Effective Date                                           
              ----------------------------------------                          
                                                                                
Code Sections amended: 17-6-1                                                   


HB 413                                           LC 22 1590S






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 17-6-1 of the Official Code of Georgia
  1- 2  Annotated, relating to bailable offenses, procedure for
  1- 3  establishing bail, and appeal bonds, so as to provide that
  1- 4  the offense of aggravated stalking shall be bailable only
  1- 5  before a judge of the superior court; to provide that
  1- 6  certain persons convicted of aggravated stalking shall not
  1- 7  be granted an appeal bond; to provide for applicability; to
  1- 8  repeal conflicting laws; and for other purposes.

  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-10  Code Section 17-6-1 of the Official Code of Georgia
  1-11  Annotated, relating to bailable offenses, procedure for
  1-12  establishing bail, and appeal bonds, is amended by striking
  1-13  in its entirety subsection (a) and inserting in lieu thereof
  1-14  the following:

  1-15    "(a) The following offenses are bailable only before a
  1-16    judge of the superior court:

  1-17      (1) Treason;

  1-18      (2) Murder;

  1-19      (3) Rape;

  1-20      (4) Aggravated sodomy;

  1-21      (5) Armed robbery;

  1-22      (6) Aircraft hijacking and hijacking a motor vehicle;

  1-23      (7) Aggravated child molestation;

  1-24      (8) Manufacturing, distributing, delivering, dispensing,
  1-25      administering, selling, or possessing with intent to
  1-26      distribute any controlled substance classified under
  1-27      Code Section 16-13-25 as Schedule I or under Code
  1-28      Section 16-13-26 as Schedule II;




                                 -1- (Index)

                                                 LC 22 1590S

  2- 1      (9) Violating Code Section 16-13-31, relating to
  2- 2      trafficking in cocaine or marijuana; and

  2- 3      (10) Kidnapping, arson, aggravated assault, or burglary
  2- 4      if the person, at the time of the alleged kidnapping,
  2- 5      arson, aggravated assault, or burglary, had previously
  2- 6      been convicted of, was on probation or parole with
  2- 7      respect to, or was on bail for kidnapping, arson,
  2- 8      aggravated assault, burglary, or one or more of the
  2- 9      offenses listed in paragraphs (1) through (9) of this
  2-10      subsection; and.

  2-11      (11) Aggravated stalking."

                         SECTION 2.

  2-12  Said Code section is further amended by striking in its
  2-13  entirety subsection (g) and inserting in lieu thereof the
  2-14  following:

  2-15    "(g) No appeal bond shall be granted to any person who has
  2-16    been convicted of murder, rape, aggravated sodomy, armed
  2-17    robbery, aggravated child molestation, kidnapping,
  2-18    trafficking in cocaine or marijuana, aggravated stalking,
  2-19    or aircraft hijacking and who has been sentenced to serve
  2-20    a period of incarceration of seven years or more.  The
  2-21    granting of an appeal bond to a person who has been
  2-22    convicted of any other crime shall be in the discretion of
  2-23    the convicting court.  Appeal bonds shall terminate when
  2-24    the right of appeal terminates, and such bonds shall not
  2-25    be effective as to any petition or application for writ of
  2-26    certiorari unless the court in which the petition or
  2-27    application is filed so specifies."

                         SECTION 3.

  2-28  This Act shall be applicable to acts committed on or after
  2-29  July 1, 1995.

                         SECTION 4.

  2-30  All laws and parts of laws in conflict with this Act are
  2-31  repealed.










                                 -2- (Index)