Senate Bill TBD By: TBD
A BILL TO BE ENTITLED
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, to amend Article 4 of Chapter 14 of Title 16 of the Official Code of Georgia Annotated, relating to considering racketeer influenced and corrupt organizations prohibited activities, to amend Article 150 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for change of venue, to amend Article 50 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to when venue may be changed; to provide for definitions; to provide for limitations; to provide for related matters; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 16 of the Official Code of Georgia Annotated, relating to Crimes and Offenses, is amended by adding at the end thereof a new chapter to read as follows:
“CHAPTER 18 - Contested Elections
16-18-1.
(a) Communications (written or verbal) described previously in this title that are made in good faith (believed by the actor doing them to be legal) and done in the context of questioning or contesting an election or arising out of an election shall not be considered unlawful, misdemeanors, nor felonies, and shall not be punished.”
SECTION 2.
Article 4 Chapter 14 of Title 16 of the Official Code of Georgia Annotated, relating to considering racketeer influenced and corrupt organizations prohibited activities, is amended by revising subsection (c) as follows:
“(c) It shall be unlawful for any person to conspire or endeavor to violate any of the provisions of subsection (a) or (b) of this Code section. A person violates this subsection when:
SECTION 3.
Article 150 Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for change of venue, is amended by revising subsection (a) 1. as follows:
“a. 1. The defendant, in any criminal case in which a trial by jury is provided, may move in writing for a change of venue, whenever, in the defendant's or defense counsel's judgment, an impartial jury cannot be obtained in the county where the crime is alleged to have been committed. Upon the hearing of the motion it shall not be necessary to examine all persons in the county liable to serve on juries, but the judge shall hear evidence by affidavit or oral testimony in support of or against the motion. If, from the evidence submitted, the judge is satisfied that an impartial jury cannot be obtained to try the case, the judge shall grant a change in venue; the judge shall transfer the case to any county that may be agreed upon by the prosecuting attorney and the defendant or the defense counsel, to be tried in the county agreed upon. The judge has the discretion to reject any county agreed upon; if a county is not thus agreed upon, or if the judge, in the exercise of discretion, rejects a county agreed upon, the judge shall select such county as in the judge's judgment will afford a fair and impartial jury to try the case and have it transferred accordingly. If a defendant has won a state election or federal election, is a member of political media, has served in law enforcement in the prior five years, is the immediate family member of someone who has won a state or federal election, or is indicted along with such a person and the motion is in such a case, they may move in writing for a change of venue on political grounds and it shall be automatically granted by the judge if the current circuit is not one of the top seven most politically-balanced circuits demographics-wise and the judge shall transfer the case to any county of the judge’s choice that is in the top seven most politically-balanced circuits demographics-wise to be tried in the selected county. Calculating political balance for the circuits shall be done based upon which circuits had the percent-wise closest tallies for the top two candidates in the prior federal presidential election.”
SECTION 4.
Article 50 Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to when venue may be changed, is amended by revising subsection a. as follows:
“a. Whenever, by an examination voir dire of the persons whose names are on the jury list and who are compellable to serve on the jury, the presiding judge is satisfied that an impartial jury cannot be obtained in the county where any civil case is pending, the civil case may be transferred to any county that may be agreed upon by the parties or their counsel.
b. In the event the parties or their counsel fail or refuse to agree upon any county in which to try the case pending, the judge may select the county in which the same shall be tried and have the case transferred accordingly.
c. When any civil case has been once transferred, the judge may again change the venue from the county to which the transfer was first made to any other county, in the same manner as the venue was first changed from the county in which the civil case was originally commenced.
d. If a party has won a state election or federal election, is a member of political media, has served in law enforcement in the prior five years, is the immediate family member of someone who has won a state or federal election, or is sued along with such a person and the motion is in such a suit, they may move in writing for a change of venue on political grounds and it shall be automatically granted by the judge if the current circuit is not one of the top seven most politically-balanced circuits demographics-wise and the judge shall transfer the case to any county of the judge’s choice that is in the top seven most politically-balanced circuits demographics-wise to be tried in the selected county. Calculating political balance for the circuits shall be done based upon which circuits had the percent-wise closest tallies for the top two candidates in the prior federal presidential election.”
SECTION 5.
Article 7 Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to grounds for continuance and stay, is amended by adding to the end of subsection 9.10.150 as follows:
“c. A sitting president of the United States who is a party to a case; or any good-faith-member of the closest forty staff members of a sitting President of the United States, shall be granted a continuance and stay of the case for the duration of that President's presidential term. The continuance and stay shall apply to all aspects of the case, including, but not limited to, the filing and serving of an answer to a complaint, the making of any discovery or motion, or of any response to any subpoena, discovery, or motion, and appearance at any hearing, trial, or argument. Unless a shorter length of time is requested by the member, the continuance and stay shall last for the duration of the presidential term in office; Notwithstanding any other provision of law, rule of court, or administrative rule or regulation, the time for doing any act in the case which is delayed by the continuance provided by this Code section shall be automatically extended by the same length of time as the continuance or stay covered.”