Signed by Governor Sonny Perdue

Vote Smart's Synopsis:

Vote to pass a bill that requires counties to provide partial funding for attorney fees and expenses incurred in certain death penalty cases.

Highlights:

- Establishes a flat-rate payment formula for death penalty cases in which the Georgia capital defender division is unable to defend an indigent client due to a conflict of interest and the council's director is required to appoint council (Sec. 25):

- The state covers the first $150,000 in attorney fees and expenses. - The county funds 25 percent of attorney fees and expenses between $150,000 and $250,000. - The county and state split the remaining costs for attorney fees and expenses in excess of $250,000.

- Prohibits senior judges from presiding over death penalty cases (Sec. 1-3). - Adds four county commissioners to the Georgia Public Defender Standards Council [sec. 14 (3.1)]. - Requires that any indigent person charged with a capital felony for which the death penalty is being sought is defended by the Georgia capital defender division (Sec. 24). - Amends the definition of "indigent defendant," requiring that person earn less than 100 percent of the federal poverty guidelines, as opposed to 125 percent [sec. 13 (5) (A)]. -This is a substitute bill offered by the House Judiciary Committee.

Full Bill Text