Bill Text: GA HB1309 | 2011-2012 | Regular Session | Introduced

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Bill Title: Motor vehicles and traffic; judge of probate court may request district attorney to prosecute misdemeanor traffic cases in probate court; provide

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-03-29 - House Hopper [HB1309 Detail]

Download: Georgia-2011-HB1309-Introduced.html

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12 LC 28 6290

House Bill 1309

By: Representative Houston of the 170th

A BILL TO BE ENTITLED
AN ACT

To amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals, so as to provide that the judge of the probate court may request the district attorney to prosecute misdemeanor traffic cases in the probate court and, if the district attorney, for any reason, is unable to assist, the governing authority of the county may employ an attorney to prosecute such cases; to provide for the powers and authority of such prosecutor; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals, is amended by revising subsection (c) of Code Section 40-13-21, relating to general powers and jurisdiction of probate and municipal courts and assistance of the district attorney or solicitor, as follows:

"(c) In any traffic misdemeanor trial, a A judge of the probate court, upon his or her own motion, may request the assistance of the district attorney of the circuit in which the court is located or solicitor-general of the state court of the county to conduct the trial to prosecute misdemeanor traffic cases on behalf of the state. If, for any reason, the district attorney or solicitor-general is unable to assist, the district attorney or solicitor-general may designate a member of his or her staff to conduct the trial prosecute such cases on behalf of the state. If, for any reason, the district attorney is unable to assist and does not designate a member of his or her staff to prosecute such cases on behalf of the state, the governing authority of the county may employ an attorney, who shall be an active member of the State Bar of Georgia in good standing, to prosecute such cases on behalf of the state. Except as otherwise provided by local law, a prosecuting attorney in probate court shall have the same duties and authority a state court solicitor-general has as set forth in Code Section 15-18-66."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.