| 3 | 3 | | By: Representatives Smith of the 18 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Gunter of the 8 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Evans of the 57 |
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| 8 | 8 | | th |
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| 9 | 9 | | , and Miller of the |
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| 10 | 10 | | 62 |
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| 11 | 11 | | nd |
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| 12 | 12 | | |
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| 13 | 13 | | A BILL TO BE ENTITLED |
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| 14 | 14 | | AN ACT |
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| 15 | 15 | | To amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so |
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| 16 | 16 | | 1 |
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| 17 | 17 | | as to change a provision relating to judgments deemed directly appealable; to change2 |
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| 18 | 18 | | provisions relating to cases requiring application of appeal; to provide for a definition; to3 |
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| 19 | 19 | | provide for an out-of-time remedy for certain types of postjudgment relief in criminal cases;4 |
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| 20 | 20 | | to provide for procedure and time frames; to change provisions relating to amendments on5 |
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| 21 | 21 | | motions for new trial; to amend Code Section 17-7-93 of the Official Code of Georgia6 |
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| 22 | 22 | | Annotated, relating to reading of indictment or accusation, answer of accused to charge,7 |
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| 23 | 23 | | recordation of "guilty" plea and pronouncement of judgment, withdrawn guilty pleas, and8 |
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| 24 | 24 | | pleas by immigrants, so as to provide for a time frame regarding the withdrawal of a guilty9 |
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| 25 | 25 | | plea; to provide for related matters; to provide for an effective date; to repeal conflicting10 |
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| 26 | 26 | | laws; and for other purposes.11 |
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| 27 | 27 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 |
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| 30 | 30 | | PART I |
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| 31 | 31 | | 13 |
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| 32 | 32 | | SECTION 1-1.14 |
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| 33 | 33 | | Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended15 |
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| 34 | 34 | | by revising paragraph (1) of subsection (a) of Code Section 5-6-34, relating to judgments and16 |
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| 35 | 35 | | rulings deemed directly appealable, as follows:17 |
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| 36 | 36 | | "(1)(A) As used in this paragraph, the term 'final judgment' shall include an order in a |
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| 37 | 37 | | 18 |
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| 38 | 38 | | criminal proceeding with a multiple-count indictment or accusation which results in an19 |
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| 39 | 39 | | adjudication of fewer than all of the counts in such indictment or accusation, the20 |
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| 40 | 40 | | remainder of which are ordered dead docketed.21 |
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| 41 | 41 | | (B) All final judgments, that is to say, where the case is no longer pending in the court22 |
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| 42 | 42 | | below, except as provided in Code Section 5-6-35;"23 |
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| 43 | 43 | | SECTION 1-2.24 |
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| 44 | 44 | | Said title is further amended by adding a new paragraph to subsection (a) of Code Section25 |
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| 45 | 45 | | 5-6-35, relating to cases requiring application for appeal, to read as follows:26 |
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| 46 | 46 | | "(5.3) Direct appeals from guilty pleas;"27 |
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| 47 | 47 | | SECTION 1-3.28 |
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| 48 | 48 | | Said title is further amended by adding a new Code section to read as follows:29 |
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| 49 | 49 | | "5-6-39.1.30 |
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| 50 | 50 | | (a)(1) Notwithstanding the availability of habeas corpus relief under Article 2 of Chapter31 |
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| 51 | 51 | | 14 of Title 9; the time limitations set forth in Code Section 5-5-40; or the time limitations32 |
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| 52 | 52 | | related to a notice of appeal as set forth in this article, a defendant may move for leave33 |
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| 53 | 53 | | to file an out-of-time motion for new trial or notice of appeal within 100 days from the34 |
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| 54 | 54 | | expiration of the time period for the filing of such motion or notice:35 |
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| 55 | 55 | | (A) With the consent of the state;36 |
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| 58 | 58 | | (B) By showing excusable neglect;37 |
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| 59 | 59 | | (C) By showing that the failure to timely file such motion for new trial or notice of38 |
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| 60 | 60 | | appeal was attributable to the deficient performance of such defendant's counsel; or39 |
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| 61 | 61 | | (D) For other good cause shown.40 |
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| 62 | 62 | | (2) The trial court judge shall have jurisdiction to consider such motion for leave to file41 |
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| 63 | 63 | | an out-of-time motion for new trial or notice of appeal. If the judge grants such motion,42 |
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| 64 | 64 | | the defendant shall have 30 days to file an out-of-time motion for new trial or notice of43 |
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| 65 | 65 | | appeal and the judge shall have the discretion to allow an extension of time for filing such44 |
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| 66 | 66 | | motion or notice as set forth in Code Section 5-6-39.45 |
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| 67 | 67 | | (3) An indigent defendant shall have the right to the assistance of counsel to seek any46 |
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| 68 | 68 | | relief offered under this Code section.47 |
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| 69 | 69 | | (b) In a criminal case, after a judgment of conviction, a defendant whose motion seeking48 |
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| 70 | 70 | | an out-of-time motion for new trial or notice of appeal or whose granted out-of-time49 |
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| 71 | 71 | | motion for new trial or notice of appeal was dismissed based upon the Supreme Court's50 |
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| 72 | 72 | | decision in Cook v. State, 313 Ga. 471 (2022), and its progeny, shall have the right to move51 |
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| 73 | 73 | | for leave to file an out-of-time motion for new trial or notice of appeal until June 30, 2026,52 |
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| 74 | 74 | | pursuant to subsection (a) of this Code section. Any filing made pursuant to this subsection53 |
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| 75 | 75 | | shall not be subject to the 100-day time limitation in subsection (a) of this Code section."54 |
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| 76 | 76 | | PART II 55 |
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| 77 | 77 | | SECTION 2-1.56 |
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| 78 | 78 | | Said title is further amended by revising subsection (b) of Code Section 5-5-40, relating to57 |
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| 79 | 79 | | time for motion for new trial generally, as follows:58 |
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| 80 | 80 | | "(b) The motion may be amended any time on or before the ruling thereon; provided,59 |
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| 81 | 81 | | however, that in criminal proceedings when the defendant substantially amends his or her60 |
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| 84 | 84 | | motion for new trial, the state shall be given ten days to respond and present evidence, or,61 |
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| 85 | 85 | | in the discretion of the court, a longer period of time."62 |
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| 86 | 86 | | PART III 63 |
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| 87 | 87 | | SECTION 3-1.64 |
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| 88 | 88 | | Code Section 17-7-93 of the Official Code of Georgia Annotated, relating to reading of65 |
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| 89 | 89 | | indictment or accusation, answer of accused to charge, recordation of "guilty" plea and66 |
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| 90 | 90 | | pronouncement of judgment, withdrawn guilty pleas, and pleas by immigrants, is amended67 |
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| 91 | 91 | | by adding a new subsection to read as follows:68 |
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| 92 | 92 | | "(d) After the entry of a guilty plea which results in a conviction, a person may file a69 |
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| 93 | 93 | | motion to withdraw such plea within 30 days of the entry of such judgment or within the70 |
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| 94 | 94 | | term of court in which such plea was entered, whichever is later; provided, however, that71 |
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| 95 | 95 | | such motion to withdraw shall toll the applicable statute of limitations and statutory72 |
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| 96 | 96 | | demand for speedy trial from the date of the plea until the resolution of the motion to73 |
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| 97 | 97 | | withdraw."74 |
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| 98 | 98 | | PART IV75 |
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| 99 | 99 | | SECTION 4-1.76 |
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| 100 | 100 | | This Act shall become effective upon its approval by the Governor or upon its becoming law77 |
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| 101 | 101 | | without such approval.78 |
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| 102 | 102 | | SECTION 4-2.79 |
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| 103 | 103 | | All laws and parts of laws in conflict with this Act are repealed.80 |
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