2005 Legislative Session Report #6

During this week (legislative days 26 to 28), the FY05 supplemental budget conference committee report passed both the House and the Senate. The Standards Council received the $7.7 million requested to finish out the year. The FY06 budget passed the House with the House appropriating a total of $42.079 million to the Standards Council. The Senate Criminal Justice Appropriations subcommittee recommended the same amount. The full Senate Appropriations committee will meet on Friday (3/11) to vote on the FY06 budget (HB 85).

On other legislative matters, the committee substitute to HB 316 (juvenile public defenders) passed out of the full House Judiciary Committee on Wednesday.

The committee substitute to SB 203 (recovery of attorney's fees) passed out of the full Senate Judiciary Committee on Tuesday.

SB 301 (imposition of additional filing fee and surcharge on criminal fines as technology fee) also passed out of the full Senate Judiciary committee.

HB 561 (clarification of additional filing fees for civil actions in probate courts) was heard by the full House Civil Judiciary committee.

The committee substitute to HB 170 (Criminal Justice Act of 2005) passed out of the full House Non-Civil Judiciary committee on Friday.

Here is a summary of the substitute bill:

Motion for recusal of judge or motion for new trial

The denial or grant of those motions may be directly appealable by the State.

The defense may appeal the denial of the motion to recuse via interlocutory appeal.

Peremptory challenges

Misdemeanor and felony defense strikes remained the same at 4 and 12, respectively. However, death penalty strikes were reduced from 20 to 18. The State has an equal number of strikes as the defense in all of the cases. The order by which each side exercises its strikes remains the same (the old Code Section 15-12-166). The number of jurors to be impaneled was also increased to accommodate the increase of strikes for the State.

If multiple defendants are involved, then the court may allow the state to have the same number of strikes as the defendants jointly have.

A new subparagraph (d) was added to Code Section 15-12-164 which states that the court shall excuse for cause any juror who from the totality of the juror's answers on voir dire is determined by the court to be substantially impaired in the juror's ability to be fair and impartial. The juror's own representation that the juror would be fair and impartial is to be considered by the court but is not determinative.

Closing arguments

The State is entitled to both open and conclude regardless of whether the defense puts in any evidence.

In death penalty sentencing hearings, the defense may conclude.

Discovery of death penalty mitigation evidence

If the defendant has opted into the discovery provisions, then the defense must turn over discovery of mitigation evidence to the prosecution no later than the conclusion of jury charges or if the defendant has waived a jury trial then at the time the case is submitted to the court for judgment.

Impeachment

Any party may attack the credibility of a witness. Character evidence of the defendant may be brought in regardless of whether the defendant puts it in issue. Any party may impeach the witness' credibility by reputation testimony. Prior convictions may be brought in to impeach the witnesses including the defendants, if they testify. The prior convictions must be less than 7 years old; however, that time period may be calculated from when the defendant is released from confinement. Also, older convictions can be used if prior notice is given to the opposing party.

Although juvenile adjudications are not admissible against the defendant, a witness may be impeached by juvenile adjudications.

The fact that there is an appeal pending on a conviction does not make the conviction inadmissible.

Effective Date for the bill

The act will become effective for all cases indicted or accused on or after 7/1/05.

SR 161 (joint study commission on juvenile justice reform) passed out of the Senate.

For more information on other criminal justice bills, please check out "Summary of 2005 legislation."

The General Assembly will be in session Thursday (3/10) through Monday (3/14) for legislative days 29 to 32. The crucial day will be Friday (3/11) for legislative day 30 when bills must cross over to the other house to be in effect for this year.