GA Code § 17-6-12 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 6 - Bonds and Recognizances|Article 1 - General Provisions|§ 17-6-12. Unsecured Judicial Release; Requirement; Effect of Failure of Person Charged to Appear for Trial

  As used in this Code section, the term:   "Bail restricted offense" means the person is charged with:   An offense of:   Murder or felony murder, as defined in Code Section 16-5-1;   Armed robbery, as defined in Code Section 16-8-41;   Kidnapping, as defined in Code Section 16-5-40;   Rape, as defined in Code Section 16-6-1;   Aggravated child molestation, as defined in subsection (c) of Code Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4;   Aggravated sodomy, as defined in Code Section 16-6-2; or   Aggravated sexual battery, as defined in Code Section 16-6-22.2;     A felony offense of:   Aggravated assault;   Aggravated battery;   Hijacking a motor vehicle in the first degree;   Aggravated stalking;   Child molestation;   Enticing a child for indecent purposes;   Pimping;   Robbery;   Bail jumping;   Escape;   Possession of a firearm or knife during the commission of or attempt to commit certain crimes;   Possession of firearms by convicted felons and first offender probationers;   Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine;   Participating in criminal street gang activity;   Habitual violator;   Driving under the influence of alcohol, drugs, or other intoxicating substances;   Entering an automobile or other mobile vehicle with intent to commit theft or felony, as defined in Code Section 16-8-18; or   Stalking; or     A misdemeanor offense of:   Crimes involving family violence, as defined in Code Section 19-13-1; or   Stalking.       "Unsecured judicial release" means any release that does not purport a dollar amount through secured means as provided for in Code Section 17-6-4 or 17-6-50 or property as approved by the sheriff in the county where the offense was committed and that is:   On a person's own recognizance; or   For the purpose of entering a pretrial release program, a pretrial release and diversion program as provided for in Article 4 of Chapter 3 of Title 42, or a pretrial intervention and diversion program as provided for in Article 4 of Chapter 18 of Title 15, or pursuant to Uniform Superior Court Rule 27.       An elected judge, an appointed judge filling the vacancy of an elected judge, or judge sitting by designation may issue an unsecured judicial release if:   Such unsecured judicial release is noted on the release order; and   The person is not charged with a bail restricted offense.     Except as provided in subsection (b) of this Code section and in addition to other laws regarding the release of an accused person, the judge of any court having jurisdiction over a person charged with committing an offense against the criminal laws of this state shall have authority, in his or her sound discretion and in appropriate cases, to authorize the release of the person on an unsecured judicial release only.   Upon the failure of a person released on an unsecured judicial release to appear for trial, if the release is not otherwise conditioned by the court, absent a finding of sufficient excuse to appear, the court shall summarily issue an order for his or her arrest which shall be enforced as in cases of forfeited bonds.    (viii.1) Burglary;   (Ga. L. 1969, p. 72, §§ 1, 2; Ga. L. 2010, p. 226, § 2/HB 889; Ga. L. 2011, p. 752, § 17/HB 142; Ga. L. 2017, p. 417, § 2-1/SB 104; Ga. L. 2018, p. 550, § 2-5/SB 407; Ga. L. 2018, p. 1112, § 17/SB 365; Ga. L. 2020, p. 570, § 1-1/SB 402; Ga. L. 2021, p. 461, § 2/SB 174.)    The 2018 amendments.  The first 2018 amendment, effective July 1, 2018, in subsection (b), inserted "as provided for in Article 4 of Chapter 3 of Title 42" near the middle, deleted "or Article 5 of Chapter 8 of Title 42," following "Title 15,", and inserted ", or other judge sitting by designation under the express written authority of such elected judge," near the end; and, in subsection (d), deleted "only" following "recognizance", inserted "absent a finding of sufficient excuse to appear,", and substituted "shall" for "may" near the middle. The second 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, substituted "Article 4 of Chapter 3 of Title 42" for "Article 5 of Chapter 8 of Title 42" in the middle of subsection (b).    The 2020 amendment,  effective January 1, 2021, added a colon to the end of the introductory clause in subsection (a); in paragraph (a)(1), substituted "(1) 'Bail' " for " 'bail' "; rewrote subparagraph (a)(1)(A), which read: "Aggravated assault"; redesignated former paragraph (a)(2) as present subparagraph (a)(1)(B) and former subparagraphs (a)(2)(A) through (a)(2)(P) as present subdivisions (a)(1)(B)(i) through (a)(1)(B)(xvi), respectively; added paragraph (a)(2); added subsection (b); redesignated former subsections (b) through (d) as present subsections (c) through (e), respectively; in subsection (c), substituted "an unsecured judicial release" for "his or her own recognizance" and deleted ", unless an elected magistrate, elected state or superior court judge, or other judge sitting by designation under the express written authority of such elected judge, enters a written order to the contrary specifying the reasons why such person should be released upon his or her own recognizance." following "Rule 27" at the end; in subsection (d), substituted "subsection (c)" for "subsection (b)" and substituted "on an unsecured judicial release" for "upon his or her own recognizance"; and substituted "an unsecured judicial release" for "upon his or her own recognizance" in subsection (e).    The 2021 amendment,  effective May 4, 2021, deleted "or" at the end of division (a)(1)(A)(vii); added division (a)(1)(B)(viii.1); deleted "or" at the end of division (a)(1)(B)(xv); inserted a semicolon at the end of division (a)(1)(B)(xvi); added divisions (a)(1)(B)(xvii), (a)(1)(B)(xviii), and subparagraph (a)(1)(C); substituted the present provisions of paragraph (a)(2) for the former provisions, which read: " ‘Unsecured judicial release' means any release on a person's own recognizance that does not purport a dollar amount through secured means as provided for in Code Section 17-6-4 or 17-6-50 or property as approved by the sheriff in the county where the offense was committed."; in subsection (b), inserted ", an appointed judge filling the vacancy of an elected judge," near the beginning, and deleted "as provided for in subsection (c) or (d) of this Code section" following "designation" in the middle; substituted "The" for "Except as provided for in subsection (c) of this Code section, the" at the beginning of paragraph (b)(2); deleted former subsection (c), which read: "A person charged with a bail restricted offense shall not be released on bail on an unsecured judicial release for the purpose of entering a pretrial release program, a pretrial release and diversion program as provided for in Article 4 of Chapter 3 of Title 42, or a pretrial intervention and diversion program as provided for in Article 4 of Chapter 18 of Title 15, or pursuant to Uniform Superior Court Rule 27."; and redesignated former subsections (d) and (e) as present subsections (c) and (d), respectively.   Code Commission notes.   - Ga. L. 2018, p. 1112, § 54(e)/SB 365, not codified by the General Assembly, provides: "In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2018 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict." Accordingly, the amendment to this Code section by Ga. L. 2018, p. 1112, § 17/SB 365, was not given effect.   Editor's notes.   - Ga. L. 2011, p. 752, § 17(1)/HB 142, which amended this Code section, purported to amend subparagraph (a)(1)(C) but actually amended subparagraph (a)(2)(C).   Law reviews.   - For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 61 (2017). For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017). For article on the 2018 amendment of this Code section, see 35 Ga. St. U.L. Rev. 45 (2018).   JUDICIAL DECISIONS    Cited in Almand v. Brock, 227 Ga. 586, 182 S.E.2d 97 (1971).   OPINIONS OF THE ATTORNEY GENERAL   Fingerprinting of offenders.    - O.C.G.A. § 17-6-12 is one for which those charged with a violation are to be fingerprinted. 1996 Op. Att'y Gen. No. 96-17; 1997 Op. Att'y Gen. No. 97-33.    An offense under O.C.G.A. § 17-6-12 requires fingerprinting only in those instances involving "failure to appear" for an offense which is itself a fingerprintable offense. 1998 Op. Att'y Gen. No. 98-20.   RESEARCH REFERENCES   Am. Jur. 2d.   - 8A Am. Jur. 2d, Bail and Recognizance, §§ 11 et seq., 26 et seq., 37 et seq.   C.J.S.   - 8 C.J.S., Bail; Release and Detention Pending Proceedings, §§ 12, 13, 153 et seq.   ALR.   - Application of state statutes establishing pretrial release of accused on personal recognizance as presumptive form of release, 78 A.L.R.3d 780.