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