| 1 | 1 | | 25 LC 48 1354 |
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| 2 | 2 | | House Bill 35 |
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| 3 | 3 | | By: Representatives Ridley of the 22 |
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| 4 | 4 | | nd |
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| 5 | 5 | | , Powell of the 33 |
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| 6 | 6 | | rd |
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| 7 | 7 | | , Horner of the 3 |
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| 8 | 8 | | rd |
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| 9 | 9 | | , Tarvin of the 2 |
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| 10 | 10 | | nd |
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| 11 | 11 | | , |
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| 12 | 12 | | Ridley of the 6 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Code Section 15-18-5 of the Official Code of Georgia Annotated, relating to |
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| 18 | 18 | | 1 |
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| 19 | 19 | | appointment of substitute for absent or disqualified district attorney, so as to revise the2 |
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| 20 | 20 | | compensation of private attorneys appointed to act as district attorney pro tempore; to3 |
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| 21 | 21 | | provide for such attorneys to be compensated $250.00 per hour for each certified hour4 |
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| 22 | 22 | | worked, subject to a cap; to provide for such cap; to provide for certification by the5 |
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| 23 | 23 | | Prosecuting Attorneys' Council of the State of Georgia of such hours worked by such6 |
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| 24 | 24 | | attorneys; to provide for such attorneys to engage the services of private counsel, paralegals,7 |
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| 25 | 25 | | and legal interns and to provide for their compensation; to provide for funding of such8 |
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| 26 | 26 | | compensation; to provide for reimbursement of actual expenses incurred; to provide for9 |
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| 27 | 27 | | inflation adjustments; to provide for related matters; to provide for an effective date; to repeal10 |
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| 28 | 28 | | conflicting laws; and for other purposes.11 |
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| 29 | 29 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 |
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| 30 | 30 | | SECTION 1.13 |
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| 31 | 31 | | Code Section 15-18-5 of the Official Code of Georgia Annotated, relating to appointment of14 |
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| 32 | 32 | | substitute for absent or disqualified district attorney, is amended by revising subsection (b)15 |
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| 33 | 33 | | as follows:16 |
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| 34 | 34 | | H. B. 35 |
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| 35 | 35 | | - 1 - 25 LC 48 1354 |
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| 36 | 36 | | "(b)(1) A private attorney acting as district attorney pro tempore pursuant to paragraph17 |
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| 37 | 37 | | (3) of subsection (a) of this Code section is subject to all laws and regulations established18 |
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| 38 | 38 | | pursuant to Code Section 15-18-19 governing district attorneys. Such private attorney19 |
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| 39 | 39 | | shall receive the same compensation from state funds appropriated for the operations of20 |
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| 40 | 40 | | the district attorneys at the same rate as the district attorney during the term of such21 |
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| 41 | 41 | | appointment and shall incur the same penalties in the discharge of the duties of said22 |
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| 42 | 42 | | office.23 |
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| 43 | 43 | | (2)(A) Such private attorney shall receive a minimum monthly compensation equal to24 |
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| 44 | 44 | | the lesser of:25 |
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| 45 | 45 | | (i) Two hundred fifty dollars per hour for each hour worked as certified by the26 |
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| 46 | 46 | | executive director of the Prosecuting Attorneys' Council of the State of Georgia; or27 |
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| 47 | 47 | | (ii) Ninety percent of the monthly salary of the district attorney in whose place such28 |
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| 48 | 48 | | private attorney is appointed to act; provided, however, that such monthly salary shall29 |
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| 49 | 49 | | not include any supplement provided pursuant to subsection (b) of Code Section30 |
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| 50 | 50 | | 15-18-10.31 |
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| 51 | 51 | | (B) Notwithstanding any other provisions of law to the contrary, such private attorney32 |
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| 52 | 52 | | shall be authorized to engage the services of others, including private counsel,33 |
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| 53 | 53 | | paralegals, or legal clerks, who shall receive a monthly compensation of up to $110.0034 |
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| 54 | 54 | | per hour for each hour worked as determined and certified by the executive director of35 |
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| 55 | 55 | | the Prosecuting Attorneys' Council of the State of Georgia.36 |
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| 56 | 56 | | (C)(i) The funds required for the compensation provided for in subparagraphs (A)37 |
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| 57 | 57 | | and (B) of this paragraph shall be paid from state funds appropriated for the38 |
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| 58 | 58 | | operations of the district attorney in whose place a private attorney is appointed to act39 |
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| 59 | 59 | | as district attorney pro tempore pursuant to paragraph (3) of subsection (a) of this40 |
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| 60 | 60 | | Code section.41 |
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| 61 | 61 | | (ii) The actual expenses incurred by a private attorney appointed to act as district42 |
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| 62 | 62 | | attorney pro tempore pursuant to paragraph (3) of subsection (a) of this Code section,43 |
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| 63 | 63 | | H. B. 35 |
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| 64 | 64 | | - 2 - 25 LC 48 1354 |
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| 65 | 65 | | or members of his or her staff engaged pursuant to subparagraph (B) of this44 |
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| 66 | 66 | | paragraph, shall be reimbursed by the county in which such district attorney pro45 |
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| 67 | 67 | | tempore is acting at the same rate as provided in Code Section 15-18-12 for district46 |
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| 68 | 68 | | attorneys. Any court costs, filing costs, witness fees, costs of reporting and preparing47 |
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| 69 | 69 | | transcripts of records, and any other expenses incurred for such services shall be paid48 |
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| 70 | 70 | | as provided by law.49 |
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| 71 | 71 | | (D) The hourly rates provided for in division (i) of subparagraph (A) and in50 |
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| 72 | 72 | | subparagraph (B) of this paragraph shall be adjusted on an annual basis based on the51 |
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| 73 | 73 | | Consumer Price Index as reported by the Bureau of Labor Statistics of the United States52 |
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| 74 | 74 | | Department of Labor."53 |
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| 75 | 75 | | SECTION 2.54 |
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| 76 | 76 | | This Act shall become effective on July 1, 2025.55 |
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| 77 | 77 | | SECTION 3.56 |
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| 78 | 78 | | All laws and parts of laws in conflict with this Act are repealed.57 |
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| 79 | 79 | | H. B. 35 |
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| 80 | 80 | | - 3 - |
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