23 HB 88/AP
H. B. 88
- 1 -
House Bill 88 (AS PASSED HOUSE AND SENATE)
By: Representatives Gaines of the 120
th
, Werkheiser of the 157
th
, Powell of the 33
rd
, Crowe
of the 118
th
, Evans of the 57
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure,
1
so as to enact the "Coleman-Baker Act"; to provide a short title; to provide for definitions;2
to provide for review of cold case murder files by law enforcement agencies; to provide for3
application of review; to provide for limitations of review; to provide for notification4
regarding review; to provide for the promulgation of regulations; to provide for reporting5
requirements; to provide for conflicting investigations; to provide for applicability; to6
provide for related matters; to provide for an effective date; to repeal conflicting laws; and7
for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is11
amended by adding a new chapter to read as follows:12 23 HB 88/AP
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"CHAPTER 2113
17-21-1.14
This chapter shall be known and may be cited as the 'Coleman-Baker Act.'15
17-21-2.16
As used in this chapter, the term:17
(1) 'Agency' means a law enforcement agency with the jurisdiction to engage in the18
detection, investigation, or prosecution of a cold case murder.19
(2) 'Cold case' means a homicide:20
(A) That was committed more than three years prior to the date of an application by21
a designated person under subsection (c) of this Code section; and22
(B) That was previously investigated by an agency; and23
(C) For which all probative leads have been exhausted; or24
(D) For which no likely perpetrator has been identified.25
(3) 'Designated person' means an immediate family member or their designated legal26
representative who shall be a member in good standing with the Georgia State Bar.27
(4) 'Immediate family member' means a parent, parent-in-law, grandparent,28
grandparent-in-law, sibling, spouse, child, or stepchild of a victim or any person who29
exercised in loco parentis control over a victim under the age of 18 years.30
(5) 'Murder' means any criminal offense provided under Code Section 16-5-1.31
(6) 'Probative lead' means evidence which is sufficiently useful to prove an element of32
the crime, which was not identified or determined as part of the previous investigation33
by the agency.34
(7) 'Victim' means a natural person who died as a result of a cold case murder.35 23 HB 88/AP
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17-21-3.36
(a) The head of an agency or his or her designee shall review the case file regarding a cold37
case murder upon written application by one designated person to determine if a full38
reinvestigation would result in:39
(1) The identification of probative investigative leads; or40
(2) A likely perpetrator.41
(b) The review conducted under subsection (a) of this Code section shall include:42
(1) An analysis of what investigative procedures may have been missed in the initial43
investigation;44
(2) An assessment of whether witnesses should be interviewed or reinterviewed;45
(3) An examination of physical evidence to see if all appropriate forensic testing and46
analysis was performed in the first instance or if additional testing might produce47
information relevant to the investigation; and48
(4) An update of the case file using the most current investigative standards as of the date49
of the review to the extent it would help develop probative leads.50
(c)(1) The agency shall conduct a full reinvestigation of the cold case murder at issue if51
in the agency's sole discretion the review of the case file concludes that a full52
reinvestigation of such cold case murder would result in additional, previously53
unidentified, probative leads or a likely perpetrator.54
(2) A full reinvestigation shall include reviewing all evidence and analyzing those items55
which may contain forensic value collected in the cold case murder at issue for the56
purpose of developing probative leads or a likely perpetrator.57
(3) The conclusion of a review of a cold case file conducted by the Georgia Bureau of58
Investigation under this Code section is subject to judicial review in accordance with59
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any result following60
the conclusion of the reinvestigation of a cold case by any sheriff or police department61 23 HB 88/AP
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shall not be subject to the Administrative Procedure Act as pursuant to Code Section62
50-13-1.63
(d)(1) A reinvestigation required under subsection (c) of this Code section shall not be64
solely conducted by a person who previously investigated the homicide at issue.65
(2) Only one full reinvestigation shall be undertaken at any one time with respect to the66
same victim.67
(3) If a full reinvestigation of a cold case murder is completed and a likely perpetrator68
is not identified at its conclusion, no additional case file review or full reinvestigation69
shall be undertaken with regard to that cold case murder for a period of five years70
beginning on the date of the conclusion of the reinvestigation, unless there is newly71
discovered, materially significant evidence.72
(e)(1) Each agency shall develop a written application to be used by a designated person73
to request a case file review under subsection (a) of this Code section.74
(2) Not later than one year after the date of enactment of this chapter, the head of each75
agency or his or her designee shall promulgate procedures to ensure compliance by the76
agency with the provisions described in this chapter.77
(f) The agency shall provide in writing to the designated person who made the application78
as soon as reasonably possible confirmation of the agency's receipt of the application. The79
agency's written confirmation shall include the process to submit a complaint to and contact80
information for the agency's unit responsible for internal investigations involving81
misconduct allegations.82
(g)(1) In any case in which a written application for review has been received under this83
chapter by the investigating agency, review shall be declined where the case does not84
satisfy any criteria under paragraph (2) of Code Section 17-21-2 for a cold case murder.85
(2) In such a case, the head of the agency or his or her designee shall issue a written86
letter, with a copy provided to the designated person who made the application under87
paragraph (1) of this subsection, stating that final review is not necessary.88 23 HB 88/AP
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(h) Not later than six months after the receipt of the written application, the agency shall89
complete its case file review and conclude whether or not a full reinvestigation is warranted90
as provided in subsection (a) of this Code section.91
(i) The agency may extend the time limit under subsection (h) of this Code section once92
for a period of time not to exceed six months if the agency makes a finding that the number93
of case files to be reviewed make it impracticable to comply with such limit without94
unreasonably taking resources from other law enforcement activities. For cases for which95
the time limit is extended, the agency shall provide notice and an explanation of its96
reasoning to one designated person who filed the written application for review.97
(j) The procedures promulgated under subsection (e) of this Code section shall require a98
course of training by an instructor certified by the Georgia Peace Officer Standards and99
Training Council as provided in Code Section 35-8-8 for appropriate employees and100
officers within the agency regarding the procedures, responsibilities, and obligations101
required under this chapter.102
(k) The Carl Vinson Institute of Government of the University of Georgia shall establish103
and maintain a case tracking system and searchable public website that includes the104
following information about cold case murder investigations provided under this chapter:105
(1) The number of written applications filed with the agency as provided in106
subsection (e) of this Code section;107
(2) The number of extensions granted and an explanation of reasons provided under108
subsection (i) of this Code section;109
(3) The number of full reinvestigations initiated and closed as provided in subsection (h)110
of this Code section; and111
(4) Statistical information on the aggregate number of cold cases, suspects, arrests,112
indictments, and convictions.113
(l)(1) If more than one agency conducted the initial investigation of a cold case murder,114
each agency shall coordinate their case file review or full reinvestigation such that there115 23 HB 88/AP
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is only one joint case file review or full reinvestigation occurring at a time as provided116
in paragraph (2) of subsection (d) of this Code section.117
(2) If more than one agency conducted the initial investigation of a cold case murder, if118
any involved agency conducts a full reinvestigation and a likely perpetrator is not119
identified at its conclusion, no additional case file review or full reinvestigation is120
required to be undertaken with regard to that cold case murder for a period of five years121
by any involved agency beginning on the date of the conclusion of the reinvestigation,122
unless there is newly discovered, materially significant evidence.123
(m) The provisions of this chapter are subject to the availability of funds specifically124
appropriated by the General Assembly, or other relevant political subdivision of the state,125
for this purpose, for all costs incurred by state and local authorities.126
17-21-4.127
(a) This Code section shall apply in the case of any cold case murder occurring on or after128
January 1, 1970.129
(b) This chapter shall authorize a coroner or medical examiner to issue a death certificate130
as provided by Code Section 45-16-24, with a nonspecific cause of death and manner of131
homicide if, at the sole discretion of the coroner or medical examiner, the release of such132
information would not hinder the homicide investigation.133
(c) In a case where the cause of death is listed as nonspecific homicidal means or134
undetermined and subsequent investigative information is provided sufficient to determine135
a specific cause of death, the coroner or medical examiner shall have six months from the136
date of final disposition of the investigation to file an amended death certificate to include137
the official cause of death.138
(d) Nothing in this Code section shall prevent the probate or administration of the estate139
of a homicide victim or the distribution of any death benefits to the beneficiaries due to the140
withholding of the cause of death of a homicide victim."141 23 HB 88/AP
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SECTION 2.
142
This Act shall become effective on July 1, 2023.143
SECTION 3.144
All laws and parts of laws in conflict with this Act are repealed.145