| 1 | 1 | | 23 LC 48 0759 |
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| 2 | 2 | | S. B. 77 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | Senate Bill 77 |
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| 5 | 5 | | By: Senators Robertson of the 29th, Albers of the 56th, Tillery of the 19th, Hatchett of the |
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| 6 | 6 | | 50th, Cowsert of the 46th and others |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, |
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| 10 | 10 | | 1 |
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| 11 | 11 | | so as to enact the "Coleman-Baker Act"; to provide a short title; to provide for definitions;2 |
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| 12 | 12 | | to provide for review of cold case murder files by law enforcement agencies; to provide for3 |
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| 13 | 13 | | application of review; to provide for limitations of review; to provide for notification4 |
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| 14 | 14 | | regarding review; to provide for the promulgation of regulations; to provide for reporting5 |
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| 15 | 15 | | requirements; to provide for conflicting investigations; to provide for applicability; to6 |
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| 16 | 16 | | provide for related matters; to provide for an effective date; to repeal conflicting laws; and7 |
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| 17 | 17 | | for other purposes.8 |
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| 18 | 18 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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| 19 | 19 | | SECTION 1.10 |
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| 20 | 20 | | Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is11 |
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| 21 | 21 | | amended by adding a new chapter to read as follows:12 23 LC 48 0759 |
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| 22 | 22 | | S. B. 77 |
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| 23 | 23 | | - 2 - |
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| 24 | 24 | | "CHAPTER 2113 |
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| 25 | 25 | | 17-21-1.14 |
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| 26 | 26 | | This chapter shall be known and may be cited as the 'Coleman-Baker Act.'15 |
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| 27 | 27 | | 17-21-2.16 |
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| 28 | 28 | | As used in this chapter, the term:17 |
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| 29 | 29 | | (1) 'Agency' means a law enforcement agency with the jurisdiction to engage in the18 |
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| 30 | 30 | | detection, investigation, or prosecution of a cold case murder.19 |
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| 31 | 31 | | (2) 'Cold case murder' means a homicide:20 |
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| 32 | 32 | | (A) That was committed more than three years prior to the date of an application by21 |
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| 33 | 33 | | a designated person under subsection (c) of this Code section; and22 |
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| 34 | 34 | | (B) That was previously investigated by an agency; and23 |
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| 35 | 35 | | (C) For which all probative investigative leads have been exhausted; or24 |
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| 36 | 36 | | (D) For which no likely perpetrator has been identified.25 |
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| 37 | 37 | | (3) 'Designated person' means an immediate family member or their designated legal26 |
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| 38 | 38 | | representative who shall be a member in good standing with the Georgia State Bar.27 |
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| 39 | 39 | | (4) 'Immediate family member' means a parent, parent-in-law, grandparent,28 |
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| 40 | 40 | | grandparent-in-law, sibling, spouse, child, or stepchild of a victim or any person who29 |
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| 41 | 41 | | exercised in loco parentis control over a victim under the age of 18 years.30 |
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| 42 | 42 | | (5) 'Murder' means any criminal offense provided under Code Section 16-5-1.31 |
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| 43 | 43 | | (6) 'Probative lead' means evidence which is sufficiently useful to prove an element of32 |
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| 44 | 44 | | the crime, which was not identified or determined as part of the previous investigation33 |
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| 45 | 45 | | by the agency.34 |
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| 46 | 46 | | (7) 'Victim' means a natural person who died as a result of a cold case murder.35 23 LC 48 0759 |
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| 47 | 47 | | S. B. 77 |
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| 48 | 48 | | - 3 - |
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| 49 | 49 | | 17-21-3.36 |
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| 50 | 50 | | (a) The head of an agency or his or her designee shall review the case file regarding a cold37 |
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| 51 | 51 | | case murder upon written application by one designated person to determine if a full38 |
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| 52 | 52 | | reinvestigation would result in:39 |
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| 53 | 53 | | (1) The identification of probative investigative leads; or40 |
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| 54 | 54 | | (2) A likely perpetrator.41 |
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| 55 | 55 | | (b) The review conducted under subsection (a) of this Code section shall include:42 |
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| 56 | 56 | | (1) An analysis of what investigative procedures may have been missed in the initial43 |
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| 57 | 57 | | investigation;44 |
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| 58 | 58 | | (2) An assessment of whether witnesses should be interviewed or reinterviewed;45 |
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| 59 | 59 | | (3) An examination of physical evidence to see if all appropriate forensic testing and46 |
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| 60 | 60 | | analysis was performed in the first instance or if additional testing might produce47 |
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| 61 | 61 | | information relevant to the investigation; and48 |
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| 62 | 62 | | (4) An update of the case file using the most current investigative standards as of the date49 |
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| 63 | 63 | | of the review to the extent it would help develop probative leads.50 |
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| 64 | 64 | | (c)(1) The agency shall conduct a full reinvestigation of the cold case murder at issue if51 |
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| 65 | 65 | | in the agency's sole discretion the review of the case file concludes that a full52 |
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| 66 | 66 | | reinvestigation of such cold case murder would result in additional, previously53 |
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| 67 | 67 | | unidentified, probative leads or a likely perpetrator.54 |
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| 68 | 68 | | (2) A full reinvestigation shall include reviewing all evidence and analyzing those items55 |
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| 69 | 69 | | which may contain forensic value collected in the cold case murder at issue for the56 |
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| 70 | 70 | | purpose of developing probative leads or a likely perpetrator.57 |
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| 71 | 71 | | (d)(1) A reinvestigation required under subsection (c) of this Code section shall not be58 |
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| 72 | 72 | | solely conducted by a person who previously investigated the homicide at issue.59 |
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| 73 | 73 | | (2) Only one full reinvestigation shall be undertaken at any one time with respect to the60 |
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| 74 | 74 | | same victim.61 23 LC 48 0759 |
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| 75 | 75 | | S. B. 77 |
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| 76 | 76 | | - 4 - |
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| 77 | 77 | | (3) If a full reinvestigation of a cold case murder is completed and a likely perpetrator62 |
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| 78 | 78 | | is not identified at its conclusion, no additional case file review or full reinvestigation63 |
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| 79 | 79 | | shall be undertaken with regard to that cold case murder for a period of five years64 |
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| 80 | 80 | | beginning on the date of the conclusion of the reinvestigation, unless there is newly65 |
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| 81 | 81 | | discovered, materially significant evidence.66 |
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| 82 | 82 | | (e)(1) Each agency shall develop a written application to be used by a designated person67 |
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| 83 | 83 | | to request a case file review under subsection (a) of this Code section.68 |
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| 84 | 84 | | (2) Not later than one year after the date of enactment of this chapter, the head of each69 |
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| 85 | 85 | | agency or his or her designee shall promulgate procedures to ensure compliance by the70 |
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| 86 | 86 | | agency with the provisions described in this chapter.71 |
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| 87 | 87 | | (f) The agency shall provide in writing to the designated person who made the application72 |
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| 88 | 88 | | as soon as reasonably possible confirmation of the agency's receipt of the application. The73 |
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| 89 | 89 | | agency's written confirmation shall include the process to submit a complaint to and contact74 |
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| 90 | 90 | | information for the agency's unit responsible for internal investigations involving75 |
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| 91 | 91 | | misconduct allegations.76 |
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| 92 | 92 | | (g)(1) In any case in which a written application for review has been received under this77 |
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| 93 | 93 | | chapter by the investigating agency, review shall be declined where the case does not78 |
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| 94 | 94 | | satisfy any criteria under paragraph (2) of Code Section 17-21-2 for a cold case murder.79 |
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| 95 | 95 | | (2) In such a case, the head of the agency or his or her designee shall issue a written80 |
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| 96 | 96 | | letter, with a copy provided to the designated person who made the application under81 |
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| 97 | 97 | | paragraph (1) of this subsection, stating that final review is not necessary.82 |
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| 98 | 98 | | (h) Not later than six months after the receipt of the written application, the agency shall83 |
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| 99 | 99 | | complete its case file review and conclude whether or not a full reinvestigation is warranted84 |
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| 100 | 100 | | as provided in subsection (a) of this Code section.85 |
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| 101 | 101 | | (i) The agency may extend the time limit under subsection (h) of this Code section once86 |
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| 102 | 102 | | for a period of time not to exceed six months if the agency makes a finding that the number87 |
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| 103 | 103 | | of case files to be reviewed make it impracticable to comply with such limit without88 23 LC 48 0759 |
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| 104 | 104 | | S. B. 77 |
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| 105 | 105 | | - 5 - |
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| 106 | 106 | | unreasonably taking resources from other law enforcement activities. For cases for which89 |
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| 107 | 107 | | the time limit is extended, the agency shall provide notice and an explanation of its90 |
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| 108 | 108 | | reasoning to one designated person who filed the written application for review.91 |
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| 109 | 109 | | (j) The procedures promulgated under subsection (e) of this Code section shall require a92 |
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| 110 | 110 | | course of training by an instructor certified by the Georgia Peace Officer Standards and93 |
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| 111 | 111 | | Training Council as provided in Code Section 35-8-8 for appropriate employees and94 |
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| 112 | 112 | | officers within the agency regarding the procedures, responsibilities, and obligations95 |
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| 113 | 113 | | required under this chapter.96 |
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| 114 | 114 | | (k) The Carl Vinson Institute of Government of the University of Georgia shall establish97 |
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| 115 | 115 | | and maintain a case tracking system and searchable public website that includes the98 |
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| 116 | 116 | | following information about cold case murder investigations provided under this chapter:99 |
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| 117 | 117 | | (1) The number of written applications filed with the agency as provided in100 |
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| 118 | 118 | | subsection (e) of this Code section;101 |
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| 119 | 119 | | (2) The number of extensions granted and an explanation of reasons provided under102 |
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| 120 | 120 | | subsection (i) of this Code section;103 |
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| 121 | 121 | | (3) The number of full reinvestigations initiated and closed as provided in subsection (h)104 |
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| 122 | 122 | | of this Code section; and105 |
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| 123 | 123 | | (4) Statistics and individualized information on topics that include identified suspects,106 |
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| 124 | 124 | | arrests, charges, and convictions.107 |
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| 125 | 125 | | (l)(1) If more than one agency conducted the initial investigation of a cold case murder,108 |
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| 126 | 126 | | each agency shall coordinate their case file review or full reinvestigation such that there109 |
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| 127 | 127 | | is only one joint case file review or full reinvestigation occurring at a time as provided110 |
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| 128 | 128 | | in paragraph (2) of subsection (d) of this Code section.111 |
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| 129 | 129 | | (2) If more than one agency conducted the initial investigation of a cold case murder, if112 |
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| 130 | 130 | | any involved agency conducts a full reinvestigation and a likely perpetrator is not113 |
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| 131 | 131 | | identified at its conclusion, no additional case file review or full reinvestigation is114 |
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| 132 | 132 | | required to be undertaken with regard to that cold case murder for a period of five years115 23 LC 48 0759 |
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| 133 | 133 | | S. B. 77 |
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| 134 | 134 | | - 6 - |
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| 135 | 135 | | by any involved agency beginning on the date of the conclusion of the reinvestigation,116 |
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| 136 | 136 | | unless there is newly discovered, materially significant evidence.117 |
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| 137 | 137 | | (m) The provisions of this chapter are subject to the availability of funds specifically118 |
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| 138 | 138 | | appropriated by the General Assembly, or other relevant political subdivision of the state,119 |
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| 139 | 139 | | for this purpose.120 |
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| 140 | 140 | | 17-21-4.121 |
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| 141 | 141 | | (a) This chapter shall apply in the case of any cold case murder occurring on or after122 |
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| 142 | 142 | | January 1, 1970.123 |
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| 143 | 143 | | (b) This chapter shall authorize a coroner or medical examiner to issue a death certificate124 |
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| 144 | 144 | | under Code Section 45-16-24, with a nonspecific cause of death and manner of homicide125 |
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| 145 | 145 | | if, at the agency's sole discretion, the release of such information would not hinder the126 |
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| 146 | 146 | | homicide investigation.127 |
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| 147 | 147 | | (c) In a case where the cause of death is listed as nonspecific homicidal means or128 |
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| 148 | 148 | | undetermined and subsequent investigative information is provided sufficient to determine129 |
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| 149 | 149 | | a specific cause of death, the coroner or medical examiner shall have six months from:130 |
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| 150 | 150 | | (1) The date of final disposition of the investigation; or131 |
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| 151 | 151 | | (2) The receipt of written notification from the investigating agency that the release of132 |
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| 152 | 152 | | the cause of death will no longer hinder the investigation133 |
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| 153 | 153 | | to file an amended death certificate to include the official cause of death.134 |
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| 154 | 154 | | (d) Nothing in this Code section shall prevent the probate or administration of the estate135 |
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| 155 | 155 | | of a homicide victim or the distribution of any death benefits to the beneficiaries due to the136 |
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| 156 | 156 | | withholding of the cause of death of a homicide victim."137 |
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| 157 | 157 | | SECTION 2.138 |
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| 158 | 158 | | This Act shall become effective on July 1, 2023.139 23 LC 48 0759 |
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| 159 | 159 | | S. B. 77 |
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| 160 | 160 | | - 7 - |
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| 161 | 161 | | SECTION 3. |
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| 162 | 162 | | 140 |
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| 163 | 163 | | All laws and parts of laws in conflict with this Act are repealed.141 |
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