Writer: Tim Bryant
Published January 18, 2023
WGAU radio
Athens state Representative Houston Gaines will introduce legislation today at the Capitol, a measure inspired in part by the 2001 murder of University of Georgia student Tara Baker. The bill based on the still-unsolved homicide of the law student from Lovejoy is designed to enhance law enforcement capability to review cold cases in Georgia. Tomorrow marks the 22nd anniversary of the Tara Baker homicide.
Following is a draft of the proposed legislation...
A BILL TO BE ENTITLED AN ACT 1 To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, 2 so as to enact the “Coleman-Baker Act”; to provide a short title; to provide for definitions; 3 to provide for review of cold case murder files by law enforcement agencies; to provide for 4 application of review; to provide for limitations of review; to provide for notification 5 regarding review; to provide for the promulgation of regulations; to provide for reporting 6 requirements; to provide for conflicting investigations; to provide for applicability; to 7 provide for related matters; to provide for an effective date; to repeal conflicting laws; and 8 for other purposes.
9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 10 SECTION 1. 11 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is 12 amended by adding a new chapter to read as follows: - 1 - LC 48 0728 13 “CHAPTER 21 14 17-21-1. 15 This chapter shall be known and may be cited as the ‘Coleman-Baker Act.’ 16 17-21-2. 17 As used in this chapter, the term: 18 (1) ‘Agency’ means a law enforcement agency with the jurisdiction to engage in the 19 detection, investigation, or prosecution of a cold case murder. 20 (2) ‘Cold case murder’ means a homicide: 21 (A) That was committed more than six years prior to the date of an application by a 22 designated person under subsection (c) of this Code section; and 23 (B) That was previously investigated by an agency; and 24 (C) For which all probative investigative leads have been exhausted; or 25 (D) For which no likely perpetrator has been identified. 26 (3) ‘Designated person’ means an immediate family member or their designated legal 27 representative who shall be a member in good standing with the Georgia State Bar. 28 (4) ‘Immediate family member’ means a parent, parent-in-law, grandparent, 29 grandparent-in-law, sibling, spouse, child, or stepchild of a victim or any person who 30 exercised in loco parentis control over a victim under the age of 18 years. 31 (5) ‘Murder’ means any criminal offense provided under Code Section 16-5-1. 32 (6) ‘Probative lead’ means evidence which is sufficiently useful to provide an element of 33 the crime. 34 (7) ‘Victim’ means a natural person who died as a result of a cold case murder. - 2 - LC 48 0728 35 17-21-3. 36 (a) The head of an agency or their designee shall review the case file regarding a cold case 37 murder upon written application by one designated person to determine if a full 38 reinvestigation would result in:
39 (1) The identification of probative investigative leads; or 40 (2) A likely perpetrator. 41 (b) The review conducted under subsection (a) of this Code section shall include: 42 (1) An analysis of what investigative procedures may have been missed in the initial 43 investigation; 44 (2) An assessment of whether witnesses should be interviewed or reinterviewed; 45 (3) An examination of physical evidence to see if all appropriate forensic testing and 46 analysis was performed in the first instance or if additional testing might produce 47 information relevant to the investigation; and 48 (4) An update of the case file using the most current investigative standards as of the date 49 of the review to the extent it would help develop probative leads. 50 (c)(1) The agency shall conduct a full reinvestigation of the cold case murder at issue if 51 in the agency’s sole discretion the review of the case file concludes that a full 52 reinvestigation of such cold case murder would result in additional, previously 53 unidentified, probative leads or a likely perpetrator. 54 (2) A full reinvestigation shall include reviewing all evidence and analyzing those items 55 which may contain forensic value collected in the cold case murder at issue for the 56 purpose of developing probative leads or a likely perpetrator. 57 (d)(1) A reinvestigation required under subsection (c) of this Code section shall not be 58 solely conducted by a person who previously investigated the homicide at issue.
59 (2) Only one full reinvestigation shall be undertaken at any one time with respect to the 60 same victim. - 3 - LC 48 0728 61 (3) If a full reinvestigation of a cold case murder is completed and a likely perpetrator 62 is not identified at its conclusion, no additional case file review or full reinvestigation 63 shall be undertaken with regard to that cold case murder for a period of five years 64 beginning on the date of the conclusion of the reinvestigation, unless there is newly 65 discovered, materially significant evidence. 66 (e)(1) Each agency shall develop a written application to be used by a designated person 67 to request a case file review under subsection (a) of this Code section. 68 (2) Not later than one year after the date of enactment of this chapter, the head of each 69 agency shall promulgate procedures to ensure compliance by the agency with the 70 provisions described in this chapter. 71 (f) The agency shall provide in writing to the designated person who made the application 72 as soon as reasonably possible confirmation of the agency’s receipt of the application. The 73 agency’s written confirmation shall include the process to submit a complaint to and contact 74 information for the agency’s unit responsible for internal investigations involving 75 misconduct allegations. 76 (g)(1) In any case in which a written application for review has been received under this 77 chapter by the investigating agency, review shall be declined where the case does not 78 satisfy any criteria under paragraph (2) of Code Section 17-21-2 for a cold case murder. 79 (2) In such a case, the head of the agency shall issue a written letter, with a copy 80 provided to the designated person who made the application under paragraph (1) of this 81 subsection, stating that final review is not necessary. 82 (h) Not later than six months after the receipt of the written application, the agency shall 83 complete its case file review and conclude whether or not a full reinvestigation is warranted 84 as provided in subsection (a) of this Code section.
85 (i) The agency may extend the time limit under subsection (h) of this Code section once 86 for a period of time not to exceed six months if the agency makes a finding that the number 87 of case files to be reviewed make it impracticable to comply with such limit without - 4 - LC 48 0728 88 unreasonably taking resources from other law enforcement activities. For cases for which 89 the time limit is extended, the agency shall provide notice and an explanation of its 90 reasoning to one designated person who filed the written application for review. 91 (j) The procedures promulgated under subsection (e) of this Code section shall require a 92 course of training by an instructor certified by the Georgia Peace Officer Standards and 93 Training Council as provided in Code Section 35-8-8 for appropriate employees and 94 officers within the agency regarding the procedures, responsibilities, and obligations 95 required under this chapter. 96 (k) The Carl Vinson Institute of Government of the University of Georgia shall establish 97 and maintain a case tracking system and searchable public website that includes the 98 following information about cold case murder investigations provided under this chapter: 99 (1) The number of written applications filed with the agency as provided in 100 subsection (e) of this Code section; 101 (2) The number of extensions granted and an explanation of reasons provided under 102 subsection (i) of this Code section; 103 (3) The number of full reinvestigations initiated and closed as provided in subsection (h) 104 of this Code section; and 105 (4) Statistics and individualized information on topics that include identified suspects, 106 arrests, charges, and convictions. 107 (l)(1) If more than one agency conducted the initial investigation of a cold case murder, 108 each agency shall coordinate their case file review or full reinvestigation such that there 109 is only one joint case file review or full reinvestigation occurring at a time as provided 110 in paragraph (2) of subsection (d) of this Code section.
111 (2) If more than one agency conducted the initial investigation of a cold case murder, if 112 any involved agency conducts a full reinvestigation and a likely perpetrator is not 113 identified at its conclusion, no additional case file review or full reinvestigation is 114 required to be undertaken with regard to that cold case murder for a period of five years - 5 - LC 48 0728 115 by any involved agency beginning on the date of the conclusion of the reinvestigation, 116 unless there is newly discovered, materially significant evidence. 117 (m) The provisions of this chapter are subject to the availability of funds specifically 118 appropriated by the General Assembly, or other relevant political subdivision of the state, 119 for this purpose. 120 17-21-4. 121 (a) This chapter shall apply in the case of any cold case murder occurring on or after 122 January 1, 1970. 123 (b) This chapter shall authorize a coroner or medical examiner to issue a death certificate 124 under Code Section 45-16-24, with a nonspecific cause of death and manner of homicide 125 if, at the agency’s sole discretion, the release of such information would not hinder the 126 homicide investigation.
127 (c) In a case where the cause of death is listed as nonspecific homicidal means or 128 undetermined and subsequent investigative information is provided sufficient to determine 129 a specific cause of death, the coroner or medical examiner shall have six months from: 130 (1) The date of final disposition of the investigation; or 131 (2) The receipt of written notification from the investigating agency that the release of 132 the cause of death will no longer hinder the investigation 133 to file an amended death certificate to include the official cause of death. 134 (d) Nothing in this Code section shall prevent the probate or administration of the estate 135 of a homicide victim or the distribution of any death benefits to the beneficiaries due to the 136 withholding of the cause of death of a homicide victim.” 137 SECTION 2. 138 This Act shall become effective on July 1, 2023. - 6 - LC 48 0728 139 SECTION 3. 140 All laws and parts of laws in conflict with this Act are repealed
