25 LC 49 2325S (SCS)
Senate Bill 298
By: Senator Robertson of the 29th
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to
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judgments and rulings deemed directly appealable, procedure for review of judgments,2
orders, or decisions not subject to direct appeal, scope of review, hearings in criminal cases3
involving a capital offense for which death penalty is sought, and appeals involving4
nonmonetary judgments in child custody cases, so as to provide for certain appellate5
procedures regarding the denial of sovereign and any other immunity available to the state6
or a city or county in this state; to provide for time limitations; to provide for statutory7
construction; to provide for related matters; to repeal conflicting laws; and for other8
purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to judgments and12
rulings deemed directly appealable, procedure for review of judgments, orders, or decisions13
not subject to direct appeal, scope of review, hearings in criminal cases involving a capital14
offense for which death penalty is sought, and appeals involving nonmonetary judgments in15
S. B. 298
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child custody cases, is amended in subsection (a) by revising paragraphs (12) and (13) and
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by adding a new paragraph to read as follows:17
"(12) All judgments or orders entered pursuant to Code Section 35-3-37; and
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(13) All judgments or orders entered pursuant to Code Section 9-11-11.1; and19
(14) All judgments, orders, or rulings denying or refusing to grant immunity to one or20
more parties based upon sovereign, municipal, official, qualified, or any other immunity21
established by the United States Constitution or the Constitution, laws, or common law22
of this state shall have the right of direct appeal under this paragraph, and such right shall23
be exercised within thirty days of any judgment, order, or ruling. The right of direct24
appeal under this paragraph shall not be exercised by any one party more than once in any25
civil action. This paragraph shall not preclude taking an appeal pursuant to any other26
paragraph in this subsection."27
SECTION 2.28
All laws and parts of laws in conflict with this Act are repealed.29
S. B. 298
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