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GA HB392
Bill
Status
Introduced
2/12/2009
Primary Sponsor
Kevin Levitas
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AI Summary
- Requires courts intending to reject a negotiated plea agreement, in part or whole, to inform both the accused and prosecutor before entering judgment that the court is not bound by the agreement and intends to deviate from it
- Grants both the accused and the state the right to withdraw from a negotiated plea agreement if the court indicates it will reject or deviate from the agreement's terms
- Provides that if either party withdraws from a negotiated plea agreement after the court announces its intent to reject it, the former plea and any evidence discovered solely through plea discussions shall not be admissible against the accused at trial
- Requires the court to advise both parties that the disposition of the case may be less favorable to either the accused or the state than what was contemplated in the original negotiated plea agreement
- Amends Code Section 17-7-93 of the Official Code of Georgia Annotated, updating gendered language throughout and redesignating existing provisions to accommodate the new negotiated plea procedures
Legislative Description
Plea discussions; guilty or nolo contendere; certain requirements; provisions
Last Action
House Withdrawn, Recommitted
3/11/2010
Committee Referrals
Judiciary - Non-Civil2/12/2009
Full Bill Text
No bill text available