reglab/housing_qa huggingface dataset:
GA Code § 17-5-72 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 5 - Searches and Seizures|Article 4 - Investigating Sexual Assault|§ 17-5-72. Right to Free Forensic Medical Examination

 A victim shall have the right to have a forensic medical examination regardless of whether the victim participates in the criminal justice system or cooperates with law enforcement in pursuing prosecution of the underlying crime. A victim shall not be required to pay, directly or indirectly, for the cost of a forensic medical examination. The cost of a forensic medical examination shall be paid for by the Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of this title.    (Code 1981, §17-5-72, enacted by Ga. L. 2008, p. 486, § 3/HB 1297; Ga. L. 2011, p. 214, § 3/HB 503.)
GA Code § 17-5-73 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 5 - Searches and Seizures|Article 4 - Investigating Sexual Assault|§ 17-5-73. Victim's Right to Refuse Request for Polygraph Examinations or Other Truth-Telling Devices

 No prosecuting attorney, investigating law enforcement agency, or government official shall ask or require any victim of a sexual assault to submit to a polygraph examination or any other truth-telling device as a condition precedent to investigating such alleged crime. The refusal of a victim to submit to a polygraph examination or any other truth-telling device shall not prevent an investigation or prosecution of any sexual assault.    (Code 1981, §17-5-73, enacted by Ga. L. 2008, p. 486, § 3/HB 1297.)   Cross references.   - Negligent or improper administration of polygraph examination, § 51-1-37.
GA Code § 17-6-3 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 6 - Bonds and Recognizances|Article 1 - General Provisions|§ 17-6-3. Acceptance of Recognizance Bonds for Military Personnel

  In the case of any person engaged in military service who is charged with a misdemeanor and whose bond has been fixed at not more than $400.00 plus costs, any sheriff shall be allowed to accept, in lieu of bail, a recognizance bond executed and signed by the commanding officer of the person or the officer's lawfully delegated subordinates. Any person so charged may be taken into custody on behalf of the military installation by his commanding officer or by persons designated by the commanding officer of the military installation under the following terms and conditions:   Immediately following his release he will be returned by the military police or other designated authority directly to the military installation and delivered to the duty officer of the command to which he is attached;   He then will be restrained as appropriate in each case. The restraint will be for a minimum of 12 hours in all cases involving consumption of alcoholic beverages. He normally will be restricted to the limits of the military installation until such time as the charges are dismissed or his case has been adjudicated;   He will not be transferred, granted leave, or discharged from the military service without 36 hours' notice to the sheriff or his deputy sheriff;   He will be delivered to the sheriff or his deputy on demand; and   These terms or conditions will be withdrawn only upon his posting the required bond or otherwise being released by the sheriff, his deputy, or the appropriate court.      (b) The recognizance bond shall be of the following type:   In consideration of the release of ____________________ (name of person charged) charged with __________________________ (name or description of offense) it is agreed that the aforementioned prisoner will be restrained at the __________________________ (appropriate military installation) in whatever degree considered to be appropriate by his commanding officer. This restraint will be for a minimum of 12 hours in all cases involving consumption of alcoholic beverages. It is further agreed that he will not be transferred, granted leave, or discharged from the __________________ (appropriate service) without notice to the sheriff or his deputy and will be delivered to the sheriff or his deputy upon demand. These terms and conditions will be withdrawn only upon his posting of the required personal bond or upon the release by the sheriff, his deputy, or the appropriate court. Signed _____________________________________________________________________ Official title ____________________________________________________________   (Ga. L. 1921, p. 241, § 1; Code 1933, § 27-902; Ga. L. 1966, p. 428, § 1; Ga. L. 1982, p. 3, § 17; Ga. L. 1983, p. 884, § 3-18; Ga. L. 1984, p. 22, § 17.)
GA Code § 17-6-5 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 6 - Bonds and Recognizances|Article 1 - General Provisions|§ 17-6-5. Acceptance of Cash Bonds for Certain Offenses; Authorization

 Any sheriff, deputy sheriff, county peace officer, or other county officer charged with the duty of enforcing the laws of this state relating to:    Traffic or the operation or licensing of motor vehicles or operators;   The width, height, or length of vehicles and loads;   Motor common carriers and motor contract carriers;   Commercial vehicle or driver safety;   Hazardous materials transportation;   Motor carrier insurance or registration;   Road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48;   Game and fish;   Boating; or   Litter control  who makes an arrest outside the corporate limits of any municipality of this state for a violation of said laws and who is authorized, as provided herein by a court of record having jurisdiction over such offenses, to accept cash bonds may accept a cash bond from the person arrested in lieu of a statutory bond or recognizance. No such officer shall accept a cash bond unless he or she is authorized to receive cash bonds in such cases by an order of the court having jurisdiction over such offenses and unless such order has been entered on the minutes of the court. Any such order may be granted, revoked, or modified by the court at any time.     (Ga. L. 1953, Jan.-Feb. Sess., p. 331, § 1; Ga. L. 1962, p. 530, § 1; Ga. L. 1975, p. 845, § 1; Ga. L. 1982, p. 1136, §§ 1, 4; Ga. L. 2011, p. 479, § 2/HB 112.)   Cross references.   - Acceptance of cash bonds from persons cited for traffic offenses under jurisdiction of traffic violations bureau of court, § 40-13-55 et seq.   Law reviews.   - For comment on Land v. State, 103 Ga. App. 496, 119 S.E.2d 809 (1961), see 14 Mercer L. Rev. 452 (1963).   JUDICIAL DECISIONS   Cash bond authorized for drunk driving arrestee.    - If a person was arrested by a state patrol officer inside a municipality for driving under the influence, a deputy sheriff, even without authorization from the court, could accept a cash bond; the trial court, as a result, had the authority to order the cash bond forfeited. Wilson v. State, 167 Ga. App. 421, 306 S.E.2d 704 (1983).    Cited in Land v. State, 103 Ga. App. 496, 119 S.E.2d 809 (1961); Perry v. State, 118 Ga. App. 22, 162 S.E.2d 466 (1968).   OPINIONS OF THE ATTORNEY GENERAL   Construction with O.C.G.A.    § 17-6-2 as to misdemeanors generally. - While it was true that Ga. L. 1953, Jan.-Feb. Sess., p. 331, § 1 (see O.C.G.A. § 17-6-5) authorized the taking of cash bonds under certain circumstances, it was quite obvious that this provision was in addition to and not in place of former Code 1933, § 27-902 (see O.C.G.A. § 17-6-2). 1957 Op. Att'y Gen. p. 65.   RESEARCH REFERENCES   ALR.   - Propriety of applying cash bail to payment of fine, 42 A.L.R.5th 547.
GA Code § 17-6-6 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 6 - Bonds and Recognizances|Article 1 - General Provisions|§ 17-6-6. Clerk of Court or Judge to Provide Cash Receipt Book; Furnishing of Copies of Receipt; Disposition of Original Receipt and Bond

 Other laws to the contrary notwithstanding, when an order is passed as provided for in Code Section 17-6-5 authorizing an officer to accept cash bonds, it shall be the duty of the clerk of the court, if there is one, or, if there is no clerk, the judge passing the order to furnish the officer or officers authorized under the order with a book of blank receipts, consecutively numbered in triplicate and readily distinguishable and identifiable. The receipts shall be completed by the officers when making an arrest and accepting a cash bond so as to show the name of the person arrested, date of arrest, nature of the offense, amount of the cash bond given, and the name of the arresting officer. The arresting officer or the person receiving the cash bond shall deliver a copy of the receipt to the person arrested at the time the cash bond is given and shall file the original receipt together with the cash bond with the clerk, or judge, as the case may be, of the court having jurisdiction of the offense not later than the next succeeding business day of such clerk or judge following the date of issuance of the receipt. The remaining copy of the receipt shall be mailed to the commissioner of public safety.   (Ga. L. 1953, Jan.-Feb. Sess., p. 331, § 2; Ga. L. 1978, p. 1493, § 1.)   Law reviews.   - For comment on Land v. State, 103 Ga. App. 496, 119 S.E.2d 809 (1961), see 14 Mercer L. Rev. 452 (1963).   JUDICIAL DECISIONS   Discretion is not unlimited.    - Trial court's discretion under O.C.G.A. § 17-6-6 is not unlimited, particularly when its exercise affronts the goals of deterring the state from violating the state's discovery obligations and correcting the prejudice to the defendants caused by such violations. Marshall v. State, 230 Ga. App. 116, 495 S.E.2d 585 (1998).   Defendant failed to raise noncompliance at trial.    - Although O.C.G.A. § 17-6-6 provides remedies for failure to comply with any of the discovery provisions, since the defendant did not raise the state's noncompliance at trial, the defendant did not give the trial court the opportunity to exercise the court's discretion in formulating an appropriate remedy and could not complain for the first time on appeal. Cox v. State, 242 Ga. App. 334, 528 S.E.2d 871 (2000).    Cited in Land v. State, 103 Ga. App. 496, 119 S.E.2d 809 (1961).
GA Code § 17-6-7 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 6 - Bonds and Recognizances|Article 1 - General Provisions|§ 17-6-7. Liability of Arresting Officer for Failure to Account for Cash Receipts and Bonds

 All receipts issued to arresting officers and all cash bonds received under Code Sections 17-6-5 and 17-6-6 shall be accounted for by the receiving officers to the court from which the receipts were issued and, in the event that any such officer fails to account for same, he shall be personally liable for any default and may be punished as for contempt by the court, in addition to any other penalties which are provided for by law in such cases.   (Ga. L. 1953, Jan.-Feb. Sess., p. 331, § 3.)   Law reviews.   - For comment on Land v. State, 103 Ga. App. 496, 119 S.E.2d 809 (1961), see 14 Mercer L. Rev. 452 (1963).   RESEARCH REFERENCES   Am. Jur. 2d.   - 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 56 et seq.
GA Code § 17-6-9 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 6 - Bonds and Recognizances|Article 1 - General Provisions|§ 17-6-9. Acceptance of Cash Bonds in Lieu of Statutory Bond or Recognizance by Officers or Officials Authorized to Enforce "Comprehensive Litter Prevention and Abatement Act of 2006."

 Any law enforcement officer or official of a political subdivision of this state who is authorized to enforce Part 2 of Article 2 of Chapter 7 of Title 16 and who is authorized by the judge having jurisdiction of the offense to accept cash bonds may accept a cash bond for the personal appearance at trial of the person arrested in lieu of a statutory bond or recognizance. The procedures connected with such cash bonds, including, but not limited to, duties of the arresting officer, forfeiture, distribution of proceeds, and discretion of court as to disposal of the cash bond, shall be the same procedures applicable to arrest by a sheriff for a violation of any litter law.   (Ga. L. 1975, p. 845, § 3; Ga. L. 2006, p. 275, § 3-7/HB 1320.)   Editor's notes.   - Ga. L. 2006, p. 275, § 1-1/HB 1320, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Comprehensive Litter Prevention and Abatement Act of 2006."'   Ga. L. 2006, p. 275, § 5-1/HB 1320, not codified by the General Assembly, provides that the Act shall become effective April 21, 2006 for purposes of adopting local ordinances to become effective on or after July 1, 2006.
GA Code § 17-6-10 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 6 - Bonds and Recognizances|Article 1 - General Provisions|§ 17-6-10. Acceptance of Cash Bonds for Violations of Ordinances or Other Offenses Against Municipalities; Issuance of Receipt; Designated Officials; Effect of Failure to Appear in Court; Applicability to Municipalities Having Similar Provisions

  All mayors or chief governing officers or their designated official or officials of municipalities are authorized to accept a cash bond for the personal appearance in court of any person charged with a violation of an ordinance or other offense against the municipality. The officer assessing and accepting a cash bond shall issue a receipt for the bond to the person charged with the violation.   When any mayor or chief governing officer of any municipality of this state designates any municipal official to accept cash bonds under subsection (a) of this Code section, the delegation of authority shall be in writing and filed in the records of the municipality.   Any person charged with a violation of an ordinance or other offense against a municipality who gives a cash bond for his personal appearance in court at a designated time and place and who fails to appear at said time and place shall forfeit the cash bond upon the call of the case for trial. It shall not be necessary for the municipality to take any further action to forfeit the cash bond. Forfeiture of a cash bond shall not be a bar to a subsequent prosecution of the accused for the violation.   This Code section shall not apply to municipalities having provisions in their charters with reference to the subject matter of this Code section.    (Ga. L. 1952, p. 182, §§ 1-4, 4A.)   RESEARCH REFERENCES   ALR.    - Insanity of principal as relieving bail for his nonappearance, 7 A.L.R. 394.    Right to recover cash bail or securities taken without authority, 44 A.L.R. 1499; 48 A.L.R. 1430.    Failure of judgment or order forfeiting bail, or deposit in lieu thereof, to recite arraignment and plea, 90 A.L.R. 298.   Governor's authority to remit forfeited bail bond, 77 A.L.R.2d 988.   Propriety of applying cash bail to payment of fine, 42 A.L.R.5th 547.
GA Code § 17-6-13 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 6 - Bonds and Recognizances|Article 1 - General Provisions|§ 17-6-13. First Bail for Offense Permitted as Matter of Right; Subsequent Bails to Be in Discretion of Court

 Except as otherwise provided in this chapter, each person who is entitled to bail under this article shall be permitted one bail for the same offense as a matter of right. Subsequent bails shall be in the discretion of the court.   (Laws 1832, Cobb's 1851 Digest, p. 862; Code 1863, § 4625; Code 1868, § 4649; Code 1873, § 4747; Ga. L. 1878-79, p. 55, § 1; Code 1882, § 4747; Penal Code 1895, § 934; Penal Code 1910, § 959; Code 1933, § 27-903; Ga. L. 1971, p. 408, § 1; Ga. L. 1983, p. 452, § 2.)   RESEARCH REFERENCES   C.J.S.   - 8 C.J.S., Bail; Release and Detention Pending Proceedings, §§ 25 et seq., 34 et seq.   ALR.   - Failure to appear, and the like, resulting in forfeiture or conditional forfeiture of bail, as affecting right to second admission to bail in same noncapital criminal case, 29 A.L.R.2d 945.   Court's power and duty, pending determination of habeas corpus proceeding on merits, to admit petition to bail, 56 A.L.R.2d 668.   Pretrial preventive detention by state court, 75 A.L.R.3d 956.
GA Code § 17-6-14 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 6 - Bonds and Recognizances|Article 1 - General Provisions|§ 17-6-14. Use of Bail Bond Posted for Preliminary Hearing for Trial Appearance; Applicability to Federal Proceedings; Proceedings in County Other Than Where Commitment Hearing Held; Effect Where Bail Bond Required Is Less Than Bond Originally Posted

  When a person posts bail bond prior to a preliminary or commitment hearing and is later bound over to another court for trial, the original bail bond shall not terminate but shall be valid to provide for the person's appearance at the trial of the case unless the amount of the bail is set higher by lawful authority, in which case new bail bond shall be posted.   Nothing contained in subsection (a) of this Code section shall apply to any proceedings in which any federal court or United States commissioner is involved. Subsection (a) of this Code section shall apply only to those instances wherein the person required to post a bail bond shall be bound over to a court or grand jury of the same county wherein the committing court exercised its jurisdiction. Subsection (a) of this Code section shall not apply to those instances where a person is bound over to two or more courts or grand juries.   Nothing contained in subsection (a) of this Code section shall be construed to require an additional bail bond in the event the court to which the person has been committed requires a lesser bail bond than the bond originally posted.    (Ga. L. 1971, p. 407, §§ 1, 2.)   Law reviews.   - For note, "Bail in Georgia: Elimination of 'Double Bonding' - A Partially Solved Problem," see 8 Ga. St. B.J. 220 (1971).   JUDICIAL DECISIONS   Habeas corpus relief.    - Although pretrial habeas corpus was a proper remedy after the defendant challenged a failure to set bail, pursuant to O.C.G.A. § 17-6-14(a), the defendant's initial bond sufficed to provide for the defendant's appearance upon the trial of the original charges; however, because the defendant was indicted within 90 days of the defendant's re-arrest on new charges, the defendant was not entitled to habeas corpus relief under O.C.G.A. § 17-7-50. Rainwater v. Langley, 277 Ga. 127, 587 S.E.2d 18 (2003).    Cited in AAA Bonding Co. v. State, 192 Ga. App. 684, 386 S.E.2d 50 (1989).   RESEARCH REFERENCES   Am. Jur. 2d.   - 8A Am. Jur. 2d, Bail and Recognizance, §§ 1 et seq., 9 et seq., 48 et seq.   C.J.S.   - 8 C.J.S., Bail; Release and Detention Pending Proceedings, § 11 et seq.   ALR.   - Dismissal or vacation of indictment as terminating liability or obligation of surety or bail bond, 18 A.L.R.3d 1354.   Bail: duration of surety's liability on pretrial bond, 32 A.L.R.4th 504.   Bail: duration of surety's liability on posttrial bail bond, 32 A.L.R.4th 575.   Bail: effect on liability of bail bond surety of state's delay in obtaining indictment or bringing defendant to trial, 32 A.L.R.4th 600.
GA Code § 17-6-16 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 6 - Bonds and Recognizances|Article 1 - General Provisions|§ 17-6-16. Entry of Memorandum on Warrant After Waiver of Commitment Hearing and Tender of Bail

 If the accused person waives a commitment hearing and tenders bail, a memorandum of these facts shall be entered on the warrant by the person authorized to accept bail; and this waiver may be done by the person charged before arrest and, when done, shall operate as a supersedeas.   (Orig. Code 1863, § 4621; Code 1868, § 4645; Code 1873, § 4743; Code 1882, § 4743; Penal Code 1895, § 923; Penal Code 1910, § 948; Code 1933, § 27-419.)   Law reviews.   - For note, "Bail in Georgia: Elimination of 'Double Bonding' - A Partially Solved Problem," see 8 Ga. St. B.J. 220 (1971).   JUDICIAL DECISIONS    Failure to insist upon a commitment hearing until after arraignment waives any requirement for such hearing. Johnson v. Caldwell, 232 Ga. 200, 205 S.E.2d 857 (1974).    Cited in Newsome v. Scott, 151 Ga. 639, 107 S.E. 854 (1921); Fox v. State, 34 Ga. App. 74, 128 S.E. 222 (1924); Johnson v. Plunkett, 215 Ga. 353, 110 S.E.2d 745 (1959).   RESEARCH REFERENCES   Am. Jur. 2d.   - 8A Am. Jur. 2d, Bail and Recognizance, § 1 et seq. 21 Am. Jur. 2d, Criminal Law, § 548 et seq.   C.J.S.   - 8 C.J.S., Bail; Release and Detention Pending Proceedings, §§ 159, 161.
GA Code § 17-6-18 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 6 - Bonds and Recognizances|Article 1 - General Provisions|§ 17-6-18. Amendment of Bonds and Giving of New Security

 All bonds taken under requisition of law in the course of a judicial proceeding may be amended and new security given if necessary.   (Orig. Code 1863, § 3434; Code 1868, § 3454; Code 1873, § 3505; Code 1882, § 3505; Civil Code 1895, § 5123; Civil Code 1910, § 5707; Code 1933, § 81-1204.)   Cross references.   - Corresponding provision relating to civil procedure, § 9-10-131.   Amendment of bail in magistrate court proceedings, Uniform Rules for the Magistrate Courts, Rule 23.4.   OPINIONS OF THE ATTORNEY GENERAL   Authority to set and amend bonds.    - Once the clerk of the superior court properly files an indictment or once a valid accusation is entered, the superior court has exclusive jurisdiction over the case, including all bond issues, unless the court invokes the court's authority to delegate jurisdiction to the magistrate court under O.C.G.A. § 15-1-9.1(e) or O.C.G.A. § 17-16-1(h). 1997 Op. Att'y Gen. No. 97-19.   RESEARCH REFERENCES   Am. Jur. 2d.   - 12 Am. Jur. 2d, Bonds, § 1 et seq.   C.J.S.   - 11 C.J.S., Bonds, § 1.
GA Code § 17-6-70.1 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 6 - Bonds and Recognizances|Article 3 - Proceedings for Forfeiture of Bonds or Recognizances|§ 17-6-70.1. Proceedings for Forfeiture of Bonds or Recognizances Generally

 Repealed by Ga. L. 1983, p. 1203, § 1, effective March 29, 1983.   Editor's notes.   - This Code section was based on Ga. L. 1982, p. 1658, § 1 and Ga. L. 1983, p. 3, § 14.
GA Code § 17-6-73 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 6 - Bonds and Recognizances|Article 3 - Proceedings for Forfeiture of Bonds or Recognizances|§ 17-6-73. Address of Principal and Surety on Bond or Recognizance

 Every bond or recognizance given to secure the appearance of any person in any criminal proceeding shall have entered thereon the mailing address of the principal and each surety.    (Code 1981, §17-6-73, enacted by Ga. L. 1982, p. 1224, § 2.)
GA Code § 17-7-1 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 7 - Pretrial Proceedings|Article 1 - General Provisions|§ 17-7-1. Jailing of Prisoners Where No Jail in County or When Deemed Necessary by Sheriff; Fees and Costs; Authority to Levy and Collect Tax

 When there is no secure jail in a county or when it is deemed necessary by the sheriff, any person committing an offense in the county may be sent to a jail in another county determined to be suitable by the sheriff. The county where the offense is committed shall be primarily liable for jail fees and costs and shall pay the same monthly in advance to the county holding the prisoner. For the purpose of raising funds to pay the costs, the county governing authority may levy and collect an additional tax.   (Ga. L. 1865-66, p. 40, §§ 1-3; Code 1868, § 4642; Code 1873, § 4740; Code 1882, § 4740; Penal Code 1895, § 920; Penal Code 1910, § 945; Code 1933, § 27-416; Ga. L. 1995, p. 291, § 1.)   Cross references.   - Jails generally, T. 42, C. 4.   JUDICIAL DECISIONS    Sheriff, not judge, has the authority to transfer a prisoner awaiting trial to a jail in another county, and then only when the jail in the county where the prisoner is confined is in an unsafe condition. Howington v. Wilson, 213 Ga. 664, 100 S.E.2d 726 (1957).   Liability for medical attention.    - County which sends a prisoner to another county for safekeeping is liable to the county in which the prisoner is confined for medical attention to the prisoner. Talbot County v. Mansfield, 115 Ga. 766, 42 S.E. 72 (1902).    Cited in Brand v. State, 258 Ga. 378, 369 S.E.2d 896 (1988).   RESEARCH REFERENCES   Am. Jur. 2d.   - 60 Am. Jur. 2d, Penal and Correctional Institutions, §§ 7 et seq., 22 et seq.