23 LC 48 0759
S. B. 77
- 1 -
Senate Bill 77
By: Senators Robertson of the 29th, Albers of the 56th, Tillery of the 19th, Hatchett of the
50th, Cowsert of the 46th 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 LC 48 0759
S. B. 77
- 2 -
"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 murder' 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 investigative 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 LC 48 0759
S. B. 77
- 3 -
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
(d)(1) A reinvestigation required under subsection (c) of this Code section shall not be58
solely conducted by a person who previously investigated the homicide at issue.59
(2) Only one full reinvestigation shall be undertaken at any one time with respect to the60
same victim.61 23 LC 48 0759
S. B. 77
- 4 -
(3) If a full reinvestigation of a cold case murder is completed and a likely perpetrator62
is not identified at its conclusion, no additional case file review or full reinvestigation63
shall be undertaken with regard to that cold case murder for a period of five years64
beginning on the date of the conclusion of the reinvestigation, unless there is newly65
discovered, materially significant evidence.66
(e)(1) Each agency shall develop a written application to be used by a designated person67
to request a case file review under subsection (a) of this Code section.68
(2) Not later than one year after the date of enactment of this chapter, the head of each69
agency or his or her designee shall promulgate procedures to ensure compliance by the70
agency with the provisions described in this chapter.71
(f) The agency shall provide in writing to the designated person who made the application72
as soon as reasonably possible confirmation of the agency's receipt of the application. The73
agency's written confirmation shall include the process to submit a complaint to and contact74
information for the agency's unit responsible for internal investigations involving75
misconduct allegations.76
(g)(1) In any case in which a written application for review has been received under this77
chapter by the investigating agency, review shall be declined where the case does not78
satisfy any criteria under paragraph (2) of Code Section 17-21-2 for a cold case murder.79
(2) In such a case, the head of the agency or his or her designee shall issue a written80
letter, with a copy provided to the designated person who made the application under81
paragraph (1) of this subsection, stating that final review is not necessary.82
(h) Not later than six months after the receipt of the written application, the agency shall83
complete its case file review and conclude whether or not a full reinvestigation is warranted84
as provided in subsection (a) of this Code section.85
(i) The agency may extend the time limit under subsection (h) of this Code section once86
for a period of time not to exceed six months if the agency makes a finding that the number87
of case files to be reviewed make it impracticable to comply with such limit without88 23 LC 48 0759
S. B. 77
- 5 -
unreasonably taking resources from other law enforcement activities. For cases for which89
the time limit is extended, the agency shall provide notice and an explanation of its90
reasoning to one designated person who filed the written application for review.91
(j) The procedures promulgated under subsection (e) of this Code section shall require a92
course of training by an instructor certified by the Georgia Peace Officer Standards and93
Training Council as provided in Code Section 35-8-8 for appropriate employees and94
officers within the agency regarding the procedures, responsibilities, and obligations95
required under this chapter.96
(k) The Carl Vinson Institute of Government of the University of Georgia shall establish97
and maintain a case tracking system and searchable public website that includes the98
following information about cold case murder investigations provided under this chapter:99
(1) The number of written applications filed with the agency as provided in100
subsection (e) of this Code section;101
(2) The number of extensions granted and an explanation of reasons provided under102
subsection (i) of this Code section;103
(3) The number of full reinvestigations initiated and closed as provided in subsection (h)104
of this Code section; and105
(4) Statistics and individualized information on topics that include identified suspects,106
arrests, charges, and convictions.107
(l)(1) If more than one agency conducted the initial investigation of a cold case murder,108
each agency shall coordinate their case file review or full reinvestigation such that there109
is only one joint case file review or full reinvestigation occurring at a time as provided110
in paragraph (2) of subsection (d) of this Code section.111
(2) If more than one agency conducted the initial investigation of a cold case murder, if112
any involved agency conducts a full reinvestigation and a likely perpetrator is not113
identified at its conclusion, no additional case file review or full reinvestigation is114
required to be undertaken with regard to that cold case murder for a period of five years115 23 LC 48 0759
S. B. 77
- 6 -
by any involved agency beginning on the date of the conclusion of the reinvestigation,116
unless there is newly discovered, materially significant evidence.117
(m) The provisions of this chapter are subject to the availability of funds specifically118
appropriated by the General Assembly, or other relevant political subdivision of the state,119
for this purpose.120
17-21-4.121
(a) This chapter shall apply in the case of any cold case murder occurring on or after122
January 1, 1970.123
(b) This chapter shall authorize a coroner or medical examiner to issue a death certificate124
under Code Section 45-16-24, with a nonspecific cause of death and manner of homicide125
if, at the agency's sole discretion, the release of such information would not hinder the126
homicide investigation.127
(c) In a case where the cause of death is listed as nonspecific homicidal means or128
undetermined and subsequent investigative information is provided sufficient to determine129
a specific cause of death, the coroner or medical examiner shall have six months from:130
(1) The date of final disposition of the investigation; or131
(2) The receipt of written notification from the investigating agency that the release of132
the cause of death will no longer hinder the investigation133
to file an amended death certificate to include the official cause of death.134
(d) Nothing in this Code section shall prevent the probate or administration of the estate135
of a homicide victim or the distribution of any death benefits to the beneficiaries due to the136
withholding of the cause of death of a homicide victim."137
SECTION 2.138
This Act shall become effective on July 1, 2023.139 23 LC 48 0759
S. B. 77
- 7 -
SECTION 3.
140
All laws and parts of laws in conflict with this Act are repealed.141