| 1 | 1 | | 25 LC 48 1478 |
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| 2 | 2 | | House Bill 535 |
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| 3 | 3 | | By: Representatives Smith of the 18 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Hong of the 103 |
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| 6 | 6 | | rd |
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| 7 | 7 | | , Leverett of the 123 |
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| 8 | 8 | | rd |
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| 9 | 9 | | , Evans of the |
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| 10 | 10 | | 57 |
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| 11 | 11 | | th |
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| 12 | 12 | | , and Miller of the 62 |
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| 13 | 13 | | nd |
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| 14 | 14 | | |
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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 42-8-38 of the Official Code of Georgia Annotated, relating to arrest |
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| 18 | 18 | | 1 |
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| 19 | 19 | | or graduated sanctions for probationers violating terms, hearing, disposition of charge, and 2 |
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| 20 | 20 | | procedure when probation revoked in county other than that of conviction, so as to provide3 |
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| 21 | 21 | | for credit for time served regarding probation revocation sentencing; to provide for related4 |
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| 22 | 22 | | matters; to repeal conflicting laws; and for other purposes.5 |
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| 23 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 24 | 24 | | SECTION 1.7 |
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| 25 | 25 | | Code Section 42-8-38 of the Official Code of Georgia Annotated, relating to arrest or8 |
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| 26 | 26 | | graduated sanctions for probationers violating terms, hearing, disposition of charge, and 9 |
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| 27 | 27 | | procedure when probation revoked in county other than that of conviction, is amended by10 |
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| 28 | 28 | | revising subsection (c) as follows:11 |
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| 29 | 29 | | "(c) After the hearing, the court may revoke, modify, or continue the probation. If the12 |
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| 30 | 30 | | probation is revoked, the court may order the execution of the sentence originally imposed13 |
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| 31 | 31 | | or of any portion thereof. In such event, the time that the defendant has served under14 |
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| 32 | 32 | | probation shall be considered as time served and shall be deducted from and considered a15 |
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| 33 | 33 | | part of the time he or she was originally sentenced to serve. Regarding any carceral |
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| 34 | 34 | | 16 |
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| 35 | 35 | | H. B. 535 |
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| 36 | 36 | | - 1 - 25 LC 48 1478 |
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| 37 | 37 | | sentence imposed pursuant to a revocation of probation, a person shall be given full credit17 |
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| 38 | 38 | | for time served for each day served in confinement since the date of the commission of the18 |
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| 39 | 39 | | violation in accordance with Code Section 17-10-11, excluding any time tolled in19 |
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| 40 | 40 | | accordance with Code Section 42-8-36."20 |
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| 41 | 41 | | SECTION 2.21 |
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| 42 | 42 | | All laws and parts of laws in conflict with this Act are repealed.22 |
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| 43 | 43 | | H. B. 535 |
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| 44 | 44 | | - 2 - |
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