LC 48 1601S
The House Committee on Rules 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 other immunities and the6
granting or denying of certain privileges; to provide for statutory construction; to provide for7
related matters; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to judgments and11
rulings deemed directly appealable, procedure for review of judgments, orders, or decisions12
not subject to direct appeal, scope of review, hearings in criminal cases involving a capital13
offense for which death penalty is sought, and appeals involving nonmonetary judgments in14
child custody cases, is amended in subsection (a) by revising paragraphs (12) and (13) and15
by adding a new paragraph to read as follows:16
"(12) All judgments or orders entered pursuant to Code Section 35-3-37; and17
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(13) All judgments or orders entered pursuant to Code Section 9-11-11.1;18
(14) All judgments, orders, or rulings in civil actions granting or denying or refusing to19
grant or deny immunity to one or more parties based upon sovereign, municipal, official,20
qualified, or judicial immunity established by the United States Constitution or the21
Constitution, laws, or common law of this state shall have the right of direct appeal under22
this paragraph, and such right shall be exercised within 30 days of any judgment, order,23
or ruling. The right of direct appeal under this paragraph shall not be exercised by any24
one party more than once in any civil action. This paragraph shall not preclude taking25
an appeal pursuant to any other paragraph in this subsection; and26
(15) All judgments, orders, or rulings in civil or criminal actions granting or denying or27
refusing to grant or deny one or more parties' legislative privilege or legislative immunity28
established by the United States Constitution or the Constitution, laws, or common law29
of this state shall have the right of direct appeal under this paragraph, and such right shall30
be exercised within 30 days of any judgment, order, or ruling."31
SECTION 2.32
All laws and parts of laws in conflict with this Act are repealed.33
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