Bill Text: GA HB199 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Warrants for arrest; persons who may issue warrants; provisions
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2010-07-01 - Effective Date [HB199 Detail]
Download: Georgia-2009-HB199-Comm_Sub.html
10 LC 29
4180S
House
Bill 199 (COMMITTEE SUBSTITUTE)
By:
Representatives Jerguson of the
22nd,
Hatfield of the
177th,
Levitas of the
82nd,
and Ramsey of the
72nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 17-4-40 of the Official Code of Georgia Annotated, relating
to persons who may issue warrants for arrest of offenders against penal laws and
warrants requested by others and persons who may issue warrants for the arrest
of law enforcement or peace officers or school teachers or administrators, so as
to provide judicial discretion for the provision of notice and a hearing for
consideration of a warrant application made without probable cause; 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 17-4-40 of the Official Code of Georgia Annotated, relating to persons
who may issue warrants for arrest of offenders against penal laws and warrants
requested by others and persons who may issue warrants for the arrest of law
enforcement or peace officers or school teachers or administrators, is amended
by revising subsection (b) as follows:
"(b)(1)
If application is made for a warrant by a person other than a peace officer or
law enforcement officer and the application alleges the commission of an offense
against the penal laws, the judge or other officer shall schedule a warrant
application hearing as provided in this subsection unless the person accused has
been taken into custody by a peace officer or law enforcement officer or except
as provided in paragraph (6) of this
subsection;
provided, however, that a warrant may be denied without the notice required in
paragraph (2) of this subsection where the application form and any testimony
from the affiant provided at the time of the application do not demonstrate
probable cause for issuing a
warrant.
(2)
Except as otherwise provided in paragraph (6) of this subsection, a warrant
application hearing shall be conducted only after attempting to notify the
person whose arrest is sought by any means approved by the judge or other
officer which is reasonably calculated to apprise such person of the date, time,
and location of the hearing.
(3)
If the person whose arrest is sought does not appear for the warrant application
hearing, the judge or other officer shall proceed to hear the application and
shall note on the warrant application that such person is not
present.
(4)
At the warrant application hearing, the rules regarding admission of evidence at
a commitment hearing shall apply. The person seeking the warrant shall have the
customary rights of presentation of evidence and cross-examination of witnesses.
The person whose arrest is sought may cross-examine the person or persons
applying for the warrant and any other witnesses testifying in support of the
application at the hearing. The person whose arrest is sought may present
evidence that probable cause does not exist for his or her arrest. The judge or
other officer shall have the right to limit the presentation of evidence and the
cross-examination of witnesses to the issue of probable cause.
(5)
At the warrant application hearing, a determination shall be made whether or not
probable cause exists for the issuance of a warrant for the arrest of the person
whose arrest is sought. If the judge or other officer finds that probable cause
exists, the warrant may issue instanter.
(6)
Nothing in this subsection shall be construed as prohibiting a judge or other
officer from immediately issuing a warrant for the arrest of a person upon
application of a person other than a peace officer or law enforcement officer if
the judge or other officer determines from the application or other information
available to the judge or other officer that:
(A)
An immediate or continuing threat exists to the safety or well-being of the
affiant or a third party;
(B)
The person whose arrest is sought will attempt to evade arrest or otherwise
obstruct justice if notice is given;
(C)
The person whose arrest is sought is incarcerated or otherwise in the custody of
a local, state, or federal law enforcement agency;
(D)
The person whose arrest is sought is a fugitive from justice;
(E)
The offense for which application for a warrant is made is deposit account fraud
under Code Section 16-9-20, and the person whose arrest is sought has previously
been served with the ten-day notice as provided in paragraph (2) of subsection
(a) of Code Section 16-9-20; or
(F)
The offense for which application for the warrant is made consists of an act of
family violence as defined in Code Section 19-13-1.
In
the event that the judge or officer finds such circumstances justifying
dispensing with the requirement of a warrant application hearing, the judge or
officer shall note such circumstances on the face of the warrant
application.
(7)
No warrant shall be quashed nor evidence suppressed because of any irregularity
in proceedings conducted pursuant to this subsection not affecting the
substantial rights of the accused under the Constitution of this state or of the
United States.
(8)
Nothing contained in this subsection shall prohibit a judge from denying a
warrant based upon the application and testimony heard at the time such
application is made without requiring notice to the person whose arrest is
sought."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.