25 LC 48 1591S
The House Committee on Judiciary offers the following substitute to SB 298:
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to1
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 granting or denying of sovereign and any other immunity available6
to the state or a city or county in this state; to provide for time limitations; to provide for7
statutory 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 (SUB)
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child custody cases, is amended in subsection (a) by revising paragraphs (12) and (13) and16
by adding a new paragraph to read as follows:17
"(12) All judgments or orders entered pursuant to Code Section 35-3-37; and18
(13) All judgments or orders entered pursuant to Code Section 9-11-11.1; and19
(14) All judgments, orders, or rulings in civil actions granting or denying or refusing to20
grant or deny immunity to one or more parties based upon sovereign, municipal, official,21
qualified, legislative, or judicial immunity established by the United States Constitution22
or the Constitution, laws, or common law of this state shall have the right of direct appeal23
under this paragraph, and such right shall be exercised within thirty days of any24
judgment, order, or ruling. The right of direct appeal under this paragraph shall not be25
exercised by any one party more than once in any civil action. This paragraph shall not26
preclude taking an appeal pursuant to any other 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All laws and parts of laws in conflict with this Act are repealed.29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 (SUB)
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