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GA HB126

GA HB126
Appeal and error; judgments deemed directly appealable; change a provision


summary

Introduced
01/30/2023
In Committee
03/20/2023
Crossed Over
03/06/2023
Passed
Dead
03/28/2024

Introduced Session

2023-2024 Regular Session

Bill Summary

AN ACT To amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to change a provision relating to judgments deemed directly appealable; to change provisions relating to cases requiring application of appeal; to provide for a definition; to provide for an out-of-time remedy for certain types of postjudgment relief in criminal cases; to provide for procedure and time frames; to change provisions relating to amendments on motions for new trial; to amend Code Section 17-7-93 of the Official Code of Georgia Annotated, relating to reading of indictment or accusation, answer of accused to charge, recordation of "guilty" plea and pronouncement of judgment, withdrawn guilty pleas, and pleas by immigrants, so as to provide for a time frame regarding the withdrawal of a guilty plea; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

AI Summary

This bill makes several changes to Georgia's laws related to appeals and errors. It redefines the term "final judgment" to include certain criminal cases with multiple-count indictments or accusations. It allows for direct appeals from guilty pleas, and creates a new process for defendants to seek out-of-time motions for new trial or notices of appeal in criminal cases, even if the time period for such filings has expired. The bill also provides a time frame for withdrawing a guilty plea and tolls the statute of limitations and demand for a speedy trial during that process. Additionally, the bill gives the state 10 days to respond when a defendant substantially amends a motion for a new trial in a criminal case.

Committee Categories

Justice

Sponsors (6)

Last Action

Senate Conference Committee Appointed 17th, 18th, 14th (on 03/28/2024)

bill text


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