Bill Text: GA HB392 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Plea discussions; guilty or nolo contendere; certain requirements; provisions
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-03-11 - House Withdrawn, Recommitted [HB392 Detail]
Download: Georgia-2009-HB392-Comm_Sub.html
10 LC 29
4050S
The House Committee on Judiciary Non-civil offers the following
substitute to HB 392:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 5 of Chapter 7 of Title 17 of the Official Code of Georgia
Annotated, relating to arraignment and pleas generally, so as to change
provisions relating to withdrawal of guilty pleas and acceptance of negotiated
plea agreements; 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
5 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating
to arraignment and pleas generally, is amended by revising Code Section 17-7-93,
relating to reading of indictment or accusation, answer of accused, recording of
guilty plea, and pronouncement of sentence, as follows:
"17-7-93.
(a)
Upon the arraignment of a person accused of committing a crime, the indictment
or accusation shall be read to
him
the
accused and he
or
she shall be required to answer whether he
or
she is guilty or not guilty of the offense
charged, which answer or plea shall be made orally by the accused
person
or
his
the
accused's counsel.
(b)
If the
person
accused
pleads 'guilty,' the plea shall be immediately recorded on the minutes of the
court by the clerk, together with the arraignment; and the court shall pronounce
the judgment of the law upon the
person
accused
in the same manner as if
he
the
accused had been convicted of the offense
by the verdict of a jury. At any time before judgment is pronounced, the
accused
person
may withdraw the plea of 'guilty' and plead 'not guilty'; and the former plea
shall not be admissible as evidence against
him at
his
the accused at
his or her trial.
(c)
If the court
intends to reject a negotiated plea agreement in part or in whole, the court
shall, prior to the court entering judgment:
(1)
Inform the accused and the prosecutor that the:
(A)
Court is not bound by the negotiated plea agreement;
(B)
Court intends to reject or otherwise deviate from the negotiated plea
agreement;
(C)
Disposition of the present case may be less favorable to the accused or to the
state than that contemplated by the negotiated plea agreement; and
(D)
Accused may withdraw his or her guilty plea or the state may withdraw the offers
made in the negotiated plea agreement as a matter of right; and
(2)
Allow an opportunity for the accused and the state to withdraw the offers made
in the negotiated plea. If the negotiated plea agreement is not then withdrawn
by either party, sentence may be pronounced. If either party withdraws from the
negotiated plea agreement after being informed of the trial court's intention to
reject the negotiated plea agreement in part or in whole, the case shall
immediately be placed upon a trial calendar or rescheduled for such other action
as the court deems proper. In the event that a party revokes or withdraws from
the negotiated plea agreement pursuant to the provisions of this subsection, the
former plea and any evidence discovered solely as a result of negotiated plea
discussions related to the former plea shall not be admissible as evidence
against the accused at trial.
(d)
In addition to any other inquiry by the court prior to acceptance of a plea of
guilty, the court shall determine whether the
defendant
accused
is freely entering the plea with an understanding that if he or she is not a
citizen of the United States, then the plea may have an impact on his or her
immigration status. This subsection shall apply with respect to acceptance of
any plea of guilty to any state offense in any court of this state or any
political subdivision of this state."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.
