Georgia 2023-2024 Regular Session

Georgia House Bill HB186 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 LC 49 1183~~/AP~~
	1	+	23 LC 49 1183
2	2		H. B. 186
3	3		- 1 -
4		-	House Bill 186 ~~(AS PASSED HOUSE AND SENATE)~~
	4	+	House Bill 186
5	5		By: Representatives Leverett of the 123
6	6		rd
7	7		, Smith of the 18
8	8		th
9	9		, Evans of the 57
10	10		th
11	11		, and Holcomb
12	12		of the 81
13	13		st
14	14
15	15		A BILL TO BE ENTITLED
16	16		AN ACT
17	17		To amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so
18	18		1
19	19		as to revise an exception applicable to the filing of petitions for review in reviewing courts2
20	20		from lower judicatories; to make conforming changes; to amend Code Section 36-32-2.1 of3
21	21		the Official Code of Georgia Annotated, relating to removal of judges, so as to provide for4
22	22		a conforming change; to provide for related matters; to provide for an effective date and5
23	23		applicability; to repeal conflicting laws; and for other purposes.6
24	24		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
25	25		SECTION 1.8
26	26		Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended9
27	27		in Chapter 3, relating to appeals to superior or state court, by revising subsection (b) of Code10
28	28		Section 5-3-7, relating to governing practices and procedures, time for petitioning for review,11
29	29		parties, requirements of petition, amendable defects, and service, as follows:12
30	30		"(b) Except as otherwise provided in paragraph (2) of subsection (g) of Code Section
31	31		13
32	32		48-5-311 prescribed by law, a petitioner shall file a petition for review with the clerk of the14
33	33		reviewing court within 30 days after the final judgment of the lower judicatory is:15
34	34		(1) Signed and notice of the final judgment has been provided to all parties, if the lower16
35		-	judicatory does not have a clerk; or17 23 LC 49 1183~~/AP~~
	35	+	judicatory does not have a clerk; or17 23 LC 49 1183
36	36		H. B. 186
37	37		- 2 -
38	38		(2) Filed or recorded, whichever first occurs, if the lower judicatory has a clerk."
39	39		18
40	40		SECTION 2.19
41	41		Said title is further amended in Article 2 of Chapter 6, relating to appellate practice, by20
42	42		revising paragraph (1) of subsection (a) of Code Section 5-6-35, relating to cases requiring21
43	43		application for appeal, requirements for application, exhibits, response, issuance of appellate22
44	44		court order regarding appeal, procedure, supersedeas, jurisdiction of appeal, and appeals23
45	45		involving nonmonetary judgments in custody cases, as follows:24
46	46		"(1) Appeals from decisions of the superior courts reviewing decisions of the State Board25
47	47		of Workers' Compensation, the State Board of Education, auditors, state and local26
48	48		administrative agencies, and lower courts by certiorari or de novo proceedings
49	49		petition27
50	50		for review; provided, however, that this provision shall not apply to decisions of the28
51	51		Public Service Commission and probate courts and to cases involving ad valorem taxes29
52	52		and condemnations;"30
53	53		SECTION 3.31
54	54		Said title is further amended in Chapter 7, relating to appeal or certiorari by state in criminal32
55	55		cases, by revising Code Section 5-7-3, relating to right of certiorari, as follows:33
56	56		"5-7-3.34
57	57		A proceeding by certiorari or petition for review may be taken by and on behalf of the State35
58	58		of Georgia from one court to another court of this state, where the right of certiorari is36
59	59		provided as a procedure for appealing a judgment, in the specified situations set forth in37
60		-	Code Sections 5-7-1 and 5-7-2."38 23 LC 49 1183~~/AP~~
	60	+	Code Sections 5-7-1 and 5-7-2."38 23 LC 49 1183
61	61		H. B. 186
62	62		- 3 -
63	63		SECTION 4.
64	64		39
65	65		Code Section 36-32-2.1 of the Official Code of Georgia Annotated, relating to removal of40
66	66		judges, is amended by revising subparagraph (D) of paragraph (1) of subsection (e) as41
67	67		follows:42
68	68		"(D) The hearing shall be recorded at the expense of the municipal corporation. Such43
69	69		recording should contain at least the audio and may contain video. The audio recording44
70	70		of the hearing shall be transcribed at the judge's expense if he or she requests certiorari
71	71		45
72	72		review by the superior court."46
73	73		SECTION 5.47
74	74		This Act shall become effective on July 1, 2023, and shall apply to petitions for review filed48
75	75		in superior or state court on or after such date.49
76	76		SECTION 6.50
77	77		All laws and parts of laws in conflict with this Act are repealed.51