| 21 | 8 | | so as to enact the "Coleman-Baker Act"; to provide a short title; to provide for definitions;2 |
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| 22 | 9 | | to provide for review of cold case murder files by law enforcement agencies; to provide for3 |
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| 23 | 10 | | application of review; to provide for limitations of review; to provide for notification4 |
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| 24 | 11 | | regarding review; to provide for the promulgation of regulations; to provide for reporting5 |
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| 25 | 12 | | requirements; to provide for conflicting investigations; to provide for applicability; to6 |
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| 26 | 13 | | provide for related matters; to provide for an effective date; to repeal conflicting laws; and7 |
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| 27 | 14 | | for other purposes.8 |
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| 28 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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| 29 | 16 | | SECTION 1.10 |
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| 30 | 17 | | Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is11 |
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| 33 | 19 | | - 2 - |
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| 34 | 20 | | "CHAPTER 2113 |
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| 35 | 21 | | 17-21-1.14 |
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| 36 | 22 | | This chapter shall be known and may be cited as the 'Coleman-Baker Act.'15 |
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| 37 | 23 | | 17-21-2.16 |
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| 38 | 24 | | As used in this chapter, the term:17 |
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| 39 | 25 | | (1) 'Agency' means a law enforcement agency with the jurisdiction to engage in the18 |
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| 40 | 26 | | detection, investigation, or prosecution of a cold case murder.19 |
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| 41 | 27 | | (2) 'Cold case' means a homicide:20 |
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| 42 | 28 | | (A) That was committed more than three years prior to the date of an application by21 |
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| 43 | 29 | | a designated person under subsection (c) of this Code section; and22 |
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| 44 | 30 | | (B) That was previously investigated by an agency; and23 |
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| 45 | 31 | | (C) For which all probative leads have been exhausted; or24 |
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| 46 | 32 | | (D) For which no likely perpetrator has been identified.25 |
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| 47 | 33 | | (3) 'Designated person' means an immediate family member or their designated legal26 |
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| 48 | 34 | | representative who shall be a member in good standing with the Georgia State Bar.27 |
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| 49 | 35 | | (4) 'Immediate family member' means a parent, parent-in-law, grandparent,28 |
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| 50 | 36 | | grandparent-in-law, sibling, spouse, child, or stepchild of a victim or any person who29 |
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| 51 | 37 | | exercised in loco parentis control over a victim under the age of 18 years.30 |
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| 52 | 38 | | (5) 'Murder' means any criminal offense provided under Code Section 16-5-1.31 |
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| 53 | 39 | | (6) 'Probative lead' means evidence which is sufficiently useful to prove an element of32 |
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| 54 | 40 | | the crime, which was not identified or determined as part of the previous investigation33 |
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| 55 | 41 | | by the agency.34 |
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| 58 | 43 | | - 3 - |
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| 59 | 44 | | 17-21-3.36 |
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| 60 | 45 | | (a) The head of an agency or his or her designee shall review the case file regarding a cold37 |
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| 61 | 46 | | case murder upon written application by one designated person to determine if a full38 |
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| 62 | 47 | | reinvestigation would result in:39 |
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| 63 | 48 | | (1) The identification of probative investigative leads; or40 |
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| 64 | 49 | | (2) A likely perpetrator.41 |
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| 65 | 50 | | (b) The review conducted under subsection (a) of this Code section shall include:42 |
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| 66 | 51 | | (1) An analysis of what investigative procedures may have been missed in the initial43 |
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| 67 | 52 | | investigation;44 |
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| 68 | 53 | | (2) An assessment of whether witnesses should be interviewed or reinterviewed;45 |
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| 69 | 54 | | (3) An examination of physical evidence to see if all appropriate forensic testing and46 |
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| 70 | 55 | | analysis was performed in the first instance or if additional testing might produce47 |
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| 71 | 56 | | information relevant to the investigation; and48 |
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| 72 | 57 | | (4) An update of the case file using the most current investigative standards as of the date49 |
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| 73 | 58 | | of the review to the extent it would help develop probative leads.50 |
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| 74 | 59 | | (c)(1) The agency shall conduct a full reinvestigation of the cold case murder at issue if51 |
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| 75 | 60 | | in the agency's sole discretion the review of the case file concludes that a full52 |
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| 76 | 61 | | reinvestigation of such cold case murder would result in additional, previously53 |
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| 77 | 62 | | unidentified, probative leads or a likely perpetrator.54 |
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| 78 | 63 | | (2) A full reinvestigation shall include reviewing all evidence and analyzing those items55 |
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| 79 | 64 | | which may contain forensic value collected in the cold case murder at issue for the56 |
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| 80 | 65 | | purpose of developing probative leads or a likely perpetrator.57 |
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| 81 | 66 | | (3) The conclusion of a review of a cold case file conducted by the Georgia Bureau of58 |
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| 82 | 67 | | Investigation under this Code section is subject to judicial review in accordance with59 |
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| 83 | 68 | | Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any result following60 |
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| 86 | 70 | | - 4 - |
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| 87 | 71 | | shall not be subject to the Administrative Procedure Act as pursuant to Code Section62 |
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| 88 | 72 | | 50-13-1.63 |
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| 89 | 73 | | (d)(1) A reinvestigation required under subsection (c) of this Code section shall not be64 |
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| 90 | 74 | | solely conducted by a person who previously investigated the homicide at issue.65 |
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| 91 | 75 | | (2) Only one full reinvestigation shall be undertaken at any one time with respect to the66 |
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| 92 | 76 | | same victim.67 |
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| 93 | 77 | | (3) If a full reinvestigation of a cold case murder is completed and a likely perpetrator68 |
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| 94 | 78 | | is not identified at its conclusion, no additional case file review or full reinvestigation69 |
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| 95 | 79 | | shall be undertaken with regard to that cold case murder for a period of five years70 |
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| 96 | 80 | | beginning on the date of the conclusion of the reinvestigation, unless there is newly71 |
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| 97 | 81 | | discovered, materially significant evidence.72 |
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| 98 | 82 | | (e)(1) Each agency shall develop a written application to be used by a designated person73 |
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| 99 | 83 | | to request a case file review under subsection (a) of this Code section.74 |
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| 100 | 84 | | (2) Not later than one year after the date of enactment of this chapter, the head of each75 |
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| 101 | 85 | | agency or his or her designee shall promulgate procedures to ensure compliance by the76 |
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| 102 | 86 | | agency with the provisions described in this chapter.77 |
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| 103 | 87 | | (f) The agency shall provide in writing to the designated person who made the application78 |
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| 104 | 88 | | as soon as reasonably possible confirmation of the agency's receipt of the application. The79 |
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| 105 | 89 | | agency's written confirmation shall include the process to submit a complaint to and contact80 |
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| 106 | 90 | | information for the agency's unit responsible for internal investigations involving81 |
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| 107 | 91 | | misconduct allegations.82 |
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| 108 | 92 | | (g)(1) In any case in which a written application for review has been received under this83 |
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| 109 | 93 | | chapter by the investigating agency, review shall be declined where the case does not84 |
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| 110 | 94 | | satisfy any criteria under paragraph (2) of Code Section 17-21-2 for a cold case murder.85 |
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| 111 | 95 | | (2) In such a case, the head of the agency or his or her designee shall issue a written86 |
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| 112 | 96 | | letter, with a copy provided to the designated person who made the application under87 |
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| 115 | 98 | | - 5 - |
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| 116 | 99 | | (h) Not later than six months after the receipt of the written application, the agency shall89 |
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| 117 | 100 | | complete its case file review and conclude whether or not a full reinvestigation is warranted90 |
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| 118 | 101 | | as provided in subsection (a) of this Code section.91 |
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| 119 | 102 | | (i) The agency may extend the time limit under subsection (h) of this Code section once92 |
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| 120 | 103 | | for a period of time not to exceed six months if the agency makes a finding that the number93 |
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| 121 | 104 | | of case files to be reviewed make it impracticable to comply with such limit without94 |
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| 122 | 105 | | unreasonably taking resources from other law enforcement activities. For cases for which95 |
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| 123 | 106 | | the time limit is extended, the agency shall provide notice and an explanation of its96 |
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| 124 | 107 | | reasoning to one designated person who filed the written application for review.97 |
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| 125 | 108 | | (j) The procedures promulgated under subsection (e) of this Code section shall require a98 |
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| 126 | 109 | | course of training by an instructor certified by the Georgia Peace Officer Standards and99 |
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| 127 | 110 | | Training Council as provided in Code Section 35-8-8 for appropriate employees and100 |
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| 128 | 111 | | officers within the agency regarding the procedures, responsibilities, and obligations101 |
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| 129 | 112 | | required under this chapter.102 |
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| 130 | 113 | | (k) The Carl Vinson Institute of Government of the University of Georgia shall establish103 |
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| 131 | 114 | | and maintain a case tracking system and searchable public website that includes the104 |
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| 132 | 115 | | following information about cold case murder investigations provided under this chapter:105 |
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| 133 | 116 | | (1) The number of written applications filed with the agency as provided in106 |
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| 134 | 117 | | subsection (e) of this Code section;107 |
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| 135 | 118 | | (2) The number of extensions granted and an explanation of reasons provided under108 |
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| 136 | 119 | | subsection (i) of this Code section;109 |
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| 137 | 120 | | (3) The number of full reinvestigations initiated and closed as provided in subsection (h)110 |
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| 138 | 121 | | of this Code section; and111 |
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| 139 | 122 | | (4) Statistical information on the aggregate number of cold cases, suspects, arrests,112 |
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| 140 | 123 | | indictments, and convictions.113 |
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| 141 | 124 | | (l)(1) If more than one agency conducted the initial investigation of a cold case murder,114 |
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| 144 | 126 | | - 6 - |
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| 145 | 127 | | is only one joint case file review or full reinvestigation occurring at a time as provided116 |
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| 146 | 128 | | in paragraph (2) of subsection (d) of this Code section.117 |
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| 147 | 129 | | (2) If more than one agency conducted the initial investigation of a cold case murder, if118 |
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| 148 | 130 | | any involved agency conducts a full reinvestigation and a likely perpetrator is not119 |
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| 149 | 131 | | identified at its conclusion, no additional case file review or full reinvestigation is120 |
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| 150 | 132 | | required to be undertaken with regard to that cold case murder for a period of five years121 |
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| 151 | 133 | | by any involved agency beginning on the date of the conclusion of the reinvestigation,122 |
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| 152 | 134 | | unless there is newly discovered, materially significant evidence.123 |
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| 153 | 135 | | (m) The provisions of this chapter are subject to the availability of funds specifically124 |
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| 154 | 136 | | appropriated by the General Assembly, or other relevant political subdivision of the state,125 |
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| 155 | 137 | | for this purpose, for all costs incurred by state and local authorities.126 |
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| 156 | 138 | | 17-21-4.127 |
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| 157 | 139 | | (a) This Code section shall apply in the case of any cold case murder occurring on or after128 |
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| 158 | 140 | | January 1, 1970.129 |
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| 159 | 141 | | (b) This chapter shall authorize a coroner or medical examiner to issue a death certificate130 |
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| 160 | 142 | | as provided by Code Section 45-16-24, with a nonspecific cause of death and manner of131 |
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| 161 | 143 | | homicide if, at the sole discretion of the coroner or medical examiner, the release of such132 |
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| 162 | 144 | | information would not hinder the homicide investigation.133 |
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| 163 | 145 | | (c) In a case where the cause of death is listed as nonspecific homicidal means or134 |
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| 164 | 146 | | undetermined and subsequent investigative information is provided sufficient to determine135 |
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| 165 | 147 | | a specific cause of death, the coroner or medical examiner shall have six months from the136 |
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| 166 | 148 | | date of final disposition of the investigation to file an amended death certificate to include137 |
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| 167 | 149 | | the official cause of death.138 |
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| 168 | 150 | | (d) Nothing in this Code section shall prevent the probate or administration of the estate139 |
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| 169 | 151 | | of a homicide victim or the distribution of any death benefits to the beneficiaries due to the140 |
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