reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 15 - VICTIM COMPENSATION (§§ 17-15-1 — 17-15-17) › Section 17-15-5 - Filing of claims; verification; contents

(a)
A claim may be filed by a person eligible to receive an award, as provided in Code Section
17-15-7
, or, if such person is a minor, by his or her parent or guardian. In any case in which the person entitled to make a claim is mentally incompetent, the claim may be filed on his or her behalf by his or her guardian. In any case in which the person entitled to make a claim is deceased, the claim may be filed on his or her behalf by an individual authorized to administer his or her estate.
(b)
(1)
A claim shall be filed by a victim not later than three years after the occurrence of the crime upon which such claim is based or not later than three years after the death of the victim; provided, however, that if such victim was a minor at the time of the commission of the crime, he or she shall have until three years after his or her eighteenth birthday to file such claim; and provided, further, that upon good cause shown, the board may extend the time for filing a claim.
(2)
Claims shall be filed in the office of the board in person or by mail.
(c)
The claim shall be verified and shall contain the following:
(1)
A description of the date, nature, and circumstances of the crime;
(2)
A complete financial statement, including, but not limited to, the cost of medical care or burial expense, the loss of wages or support the claimant has incurred or will incur, any other emergency expenses incurred by the claimant, and the extent to which the claimant has been or may be indemnified for these expenses from any source;
(3)
When appropriate, a statement indicating the extent of a victim's disability resulting from the injury or serious mental or emotional trauma incurred;
(4)
An authorization permitting the board to verify the contents of the application; and
(5)
Such other information as the board may require.
Amended by 2014 Ga. Laws 551,§ 1, eff. 7/1/2014.
Amended by 2009 Ga. Laws 56,§ 3, eff. 7/1/2009.
Amended by 2005 Ga. Laws 20,§ 6, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 15 - VICTIM COMPENSATION (§§ 17-15-1 — 17-15-17) › Section 17-15-6 - Investigation; decision by director; review by board; report to claimant

(a)
A claim, once accepted for filing and completed, shall be assigned to an investigator. The investigator shall examine the papers filed in support of the claim and cause an investigation to be conducted into the validity of the claim. The investigation shall include, but shall not be limited to, an examination of law enforcement, court, and official records and reports concerning the crime and an examination of medical, psychiatric, counseling, financial, and hospital reports relating to the injury, serious mental or emotional trauma, or loss upon which the claim is based. All claims arising from the death of an individual as a direct result of a crime shall be considered together by a single investigator.
(b)
Claims shall be investigated and determined regardless of whether a perpetrator has been apprehended, prosecuted, or convicted of any crime based upon the same incident or whether the alleged perpetrator has been acquitted or found not guilty of the crime in question.
(c)
The investigator conducting the investigation shall file with the director a written report setting forth a recommendation and the investigator's reason therefor. The director shall render a decision and furnish the claimant with a copy of the report if so requested. In cases where an investigative report is provided, information deemed confidential in nature shall be excluded.
(d)
The claimant may, within 30 days after receipt of the report of the decision of the director, make an application in writing to the director for review of the decision.
(e)
Upon receipt of an application for review pursuant to subsection (d) of this Code section, the director shall forward all relevant documents and information to the board. The board shall review the records and shall affirm or modify the decision of the director. If considered necessary by the board or if requested by the claimant, the board shall order a hearing prior to rendering a decision. At the hearing, any relevant evidence not legally privileged shall be admissible. The board shall render a decision within 90 days after completion of the investigation. If the director receives no application for review pursuant to subsection (d) of this Code section, the director's decision shall become final.
(f)
The board, for purposes of this chapter, may subpoena witnesses, administer or cause to be administered oaths, and examine such parts of the books and records of the parties to proceedings as relate to questions in dispute.
(g)
The director shall, within ten days after receipt of the board's final decision, make a report to the claimant, including a copy of the final decision and the reasons why the decision was made.
Amended by 2014 Ga. Laws 551,§ 1, eff. 7/1/2014.
Amended by 2009 Ga. Laws 56,§ 4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 15 - VICTIM COMPENSATION (§§ 17-15-1 — 17-15-17) › Section 17-15-9 - Georgia Crime Victims Emergency Fund created; administration; moneys; payments authorized

(a)
There is created a fund to be known as the Georgia Crime Victims Emergency Fund. The custodian of the fund shall be the board. The director shall administer the fund and may invest the resources of the fund in the same manner and fashion that an insurer authorized to issue contracts of life insurance is authorized to invest its resources. The board shall be specifically authorized to contract with any person or organization, public or private, to administer the fund, assume the powers of the director, and carry out the duties of the board relating to the fund.
(b)
(1)
The fund shall consist of all moneys received pursuant to Article 7 of Chapter 21 of Title 15 from the assessment of additional penalties in cases involving a violation of Code Section
40-6-391
or a violation of an ordinance of a political subdivision of this state which has adopted by reference Code Section
40-6-391
pursuant to Article 14 of Chapter 6 of Title 40.
(2)
The funds placed in the fund shall also consist of all moneys appropriated by the General Assembly, if any, for the purpose of compensating claimants under this chapter and money recovered on behalf of the state pursuant to this chapter by subrogation or other action, recovered by court order, received from the federal government, received from additional court costs, received from specific tax proceeds allocated to the fund, received from other assessments or fines, or received from any other public or private source pursuant to this chapter.
(c)
All funds appropriated to or otherwise paid into the fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse.
(d)
The board shall be authorized, subject to the limitations contained in this chapter, to pay the appropriate compensation to the persons eligible for compensation under this chapter from the proceeds of the fund.
(e)
After determining that an award should be paid and the method of payment, the board or director, within five days, shall be authorized to draw a warrant or warrants upon the fund to pay the amount of the award from such fund.
Renumbered from §
17-15-10
and amended by 2014 Ga. Laws 551,§ 1, eff. 7/1/2014.
Repealed by 2014 Ga. Laws 551,§ 1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 15 - VICTIM COMPENSATION (§§ 17-15-1 — 17-15-17) › Section 17-15-10 - Insufficient funds to pay authorized award

Notwithstanding any other provision of this chapter to the contrary, where an award under this chapter has been authorized but there are not sufficient funds in the fund to pay or continue paying the award, then the award or the remaining portion thereof shall not be paid unless and until sufficient funds become available from the fund, and at such time, awards which have not been paid shall begin to be paid in chronological order with the oldest award being paid first. In the event an award was to be paid in installments and some remaining installments have not been paid due to a lack of funds, then when funds due become available, that award shall be paid in full when its appropriate time for payment comes on the chronological list before any other postdated award shall be paid. Any award under this chapter is specifically not a claim against the state if it cannot be paid due to a lack of funds in the fund.
Added by 2014 Ga. Laws 551,§ 1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 15 - VICTIM COMPENSATION (§§ 17-15-1 — 17-15-17) › Section 17-15-11 - False claims

Any person who asserts a false claim under the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor and shall further forfeit any benefit received and shall reimburse and repay the state for payments received or paid on his or her behalf pursuant to any of the provisions of this chapter.
Amended by 2014 Ga. Laws 551,§ 1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 15 - VICTIM COMPENSATION (§§ 17-15-1 — 17-15-17) › Section 17-15-12 - Effect of accepting award

(a)
Acceptance of an award made pursuant to this chapter shall subrogate the state, to the extent of such award, to any right or right of action occurring to the claimant to recover payments on account of losses resulting from the crime with respect to which the award is made. The board may waive subrogation when the claimant presents documentation and the board verifies that judgment, settlement, or other sources have not fully reimbursed the claimant for expenses compensable under this chapter.
(b)
Acceptance of an award made pursuant to this chapter based on damages from a crime shall constitute an agreement on the part of the recipient reasonably to pursue any and all civil remedies arising from any right of action against the person or persons responsible for or committing the crime.
Amended by 2014 Ga. Laws 551,§ 1, eff. 7/1/2014.
Amended by 2008 Ga. Laws 539,§ 4, eff. 5/12/2008.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 15 - VICTIM COMPENSATION (§§ 17-15-1 — 17-15-17) › Section 17-15-13 - Debt to state created; payment as condition of probation or parole; payment into fund

(a)
Any award or payment of benefits under this chapter shall create a debt due and owing to the state by any person found in a court of competent jurisdiction of this state to have committed an act resulting in compensation being paid pursuant to this chapter.
(b)
A court, when placing on probation any person who owes a debt to the state as a consequence of a crime, may set as a condition of probation the payment of the debt or a portion of the debt to the state. The court may also set the schedule or amounts of payments subject to modification based on change of circumstances.
(c)
The State Board of Pardons and Paroles shall also have the right to make payment of the debt or a portion of the debt to the state a condition of parole.
(d)
When a child is adjudicated for committing a delinquent act in a juvenile court proceeding involving a crime upon which a claim under this chapter can be made, the juvenile court in its discretion may order that the child pay the debt to the state as an adult would have to pay had an adult committed the crime. Any assessments so ordered may be made a condition of probation as provided in Code Section
15-11-601
.
(e)
Payments authorized or required under this Code section shall be paid into the fund. The board shall coordinate the development of policies and procedures for the State Board of Pardons and Paroles, the Department of Community Supervision, and the Administrative Office of the Courts to assure that restitution programs are administered in an effective manner to increase payments into the fund.
(f)
In every case where an individual is serving under active probation supervision and paying a supervision fee, $9.00 per month shall be added to any supervision fee collected by any entity authorized to collect such fees and shall be paid into the fund. This subsection shall apply to probationers supervised by community supervision officers or private probation officers or probation officers pursuant to Article 6 of Chapter 8 of Title 42. The probation supervising entity shall collect and forward the $9.00 fee to the board by the end of each month.
Amended by 2016 Ga. Laws 625,§ 17, eff. 5/3/2016.
Amended by 2015 Ga. Laws 73,§ 5-39, eff. 7/1/2015.
Amended by 2014 Ga. Laws 551,§ 1, eff. 7/1/2014.
Amended by 2013 Ga. Laws 127,§ 4-20, eff. 1/1/2014.
Amended by 2002 Ga. Laws 840, § 4, eff. 5/13/2002.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 15 - VICTIM COMPENSATION (§§ 17-15-1 — 17-15-17) › Section 17-15-14 - Funding to victim service providers for disseminating information

The board shall be authorized to designate and expend not more than 10 percent of the moneys collected and paid into the fund pursuant to paragraph (1) of subsection (b) of Code Section
17-15-9
and Code Section
17-15-13
to provide funding to victim service providers for the purpose of disseminating materials regarding the availability of the compensation program provided in this chapter and public information purposes regarding the compensation program provided in this chapter.
Amended by 2014 Ga. Laws 551,§ 1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 15 - VICTIM COMPENSATION (§§ 17-15-1 — 17-15-17) › Section 17-15-15 - Responsibility for cost of forensic medical examination

When a forensic medical examination is conducted, the cost of such forensic medical examination shall be paid for by the fund in an amount not to exceed $1,000.00. The fund shall be responsible for payment of such cost notwithstanding whether the person receiving such forensic medical examination has health insurance or any other source of health care coverage.
Amended by 2014 Ga. Laws 551,§ 1, eff. 7/1/2014.
Amended by 2011 Ga. Laws 53,§ 5, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 15 - VICTIM COMPENSATION (§§ 17-15-1 — 17-15-17) › Section 17-15-16 - Funding for costs of forensic interviews for persons less than 18 years of age or developmentally disabled

(a)
When a forensic interview is conducted and when funding is available, the cost of such interview for a person who is less than 18 years of age or developmentally disabled may be paid for by the fund in an amount to be determined by the board.
(b)
The board shall develop standards, protocols, and guidelines related to reimbursement of forensic interview providers.
(c)
The board shall establish an annual limit of:
(1)
The amount that may be paid from the fund;
(2)
The amount that may be reimbursed for each interview; and
(3)
The limit on the number of interviews that will be reimbursable from the fund.
(d)
Funding may be used only when:
(1)
The results of the forensic interview will be for identification of the interviewee's needs, including social services, personal advocacy, case management, substance abuse treatment, and mental health services;
(2)
The forensic interviews are conducted in the context of a multidisciplinary investigation and diagnostic team, or in a specialized setting such as a child advocacy center; and
(3)
The interviewer is trained to conduct forensic interviews appropriate to the developmental age and abilities of children, or the developmental, cognitive, and physical or communication disabilities presented by adults.
Added by 2014 Ga. Laws 551,§ 1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 15 - VICTIM COMPENSATION (§§ 17-15-1 — 17-15-17) › Section 17-15-17 - Return of fines and fees paid by defendants with vacated convictions; regulation; payments

(a)
Subject to available funds, for any sentence vacated pursuant to Code Section
17-10-21
, any fines and fees paid by the defendant under such sentence shall be returned to the defendant in the amount paid by the defendant.
(b)
Payments authorized by subsection (a) of this Code section shall be made from the fund.
(c)
The board shall promulgate rules and develop standards, protocols, and guidelines related to the return of fines and fees in coordination with the State Board of Pardons and Paroles, the Department of Community Supervision, the Department of Corrections, and the Administrative Office of the Courts.
(d)
(1)
Any payment made from the fund under this Code section shall create a debt due and owing to the state by any entity that received a payment of fines and fees that were returned pursuant to this Code section.
(2)
If the entity has forwarded any portion of the fines and fees to one or more secondary entities, each such secondary entity shall return the amount forwarded by the forwarding entity to such secondary entity. A valid request from the forwarding entity shall include a copy of the order to vacate, an accounting of the fines and fees paid by the defendant to the forwarding entity, and a statement of the amount forwarded by the forwarding entity to the secondary entity.
(e)
Payments authorized or required under paragraph (1) of subsection (d) of this Code section shall be paid into the fund.
Amended by 2024 Ga. Laws 701,§ 6, eff. 7/1/2024.
Added by 2022 Ga. Laws 834,§ 2, eff. 5/9/2022.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 15A - GRAFFITI VICTIM COMPENSATION (§§ 17-15A-1 — 17-15A-4) › Section 17-15A-1 - Legislative authority

The provisions of this chapter are enacted pursuant Article III, Section VI, Paragraph VI(f) of the Constitution and are in addition to those provisions for compensation of innocent victims of other crimes under Chapter 15 of this title.
Added by 2003 Ga. Laws 38, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 15A - GRAFFITI VICTIM COMPENSATION (§§ 17-15A-1 — 17-15A-4) › Section 17-15A-2 - "Graffiti" defined

As used in this chapter, the term "graffiti" means any inscriptions, words, figures, paintings, or other defacements that are written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of real property or improvements thereon without prior authorization of the owner or occupant of the property by means of any aerosol paint container, broad-tipped marker, gum label, paint stick, graffiti stick, etching equipment, brush, or other device capable of scarring or leaving a visible mark on any surface.
Added by 2003 Ga. Laws 38, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 15A - GRAFFITI VICTIM COMPENSATION (§§ 17-15A-1 — 17-15A-4) › Section 17-15A-3 - Legislative findings

The General Assembly finds and declares that:
(1)
Criminal street gang activity is a serious and continuing public safety concern;
(2)
Criminal trespass and criminal damage to property in the second degree caused by graffiti being placed unlawfully upon private property are crimes frequently associated with criminal street gang activity; and
(3)
It is in the public interest, not only in the pursuit of justice but also as a means of combating such criminal street gang activity and of contributing to the general public welfare by improving the esthetics of public views, to compensate as provided in this chapter those private property owners who are the innocent victims of such criminal trespass or criminal damage to property in the second degree by using inmate labor to remove or obliterate graffiti unlawfully placed on private properties when such graffiti is visible from public roads or other public property.
Added by 2003 Ga. Laws 38, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 15A - GRAFFITI VICTIM COMPENSATION (§§ 17-15A-1 — 17-15A-4) › Section 17-15A-4 - Removal of graffiti by inmates; no waiver of sovereign immunity; no fees to property owners

(a)
In order to provide a form of compensation by the state to innocent victims of criminal trespass in violation of Code Section
16-7-21
or criminal damage to property in the second degree in violation of Code Section
16-7-23
, either of which crime involved the unlawful placement of graffiti upon private property by a person who was not the owner of such property, the Board of Corrections or any political subdivision of this state may authorize the use of labor by inmates from any penal institution or jail under its authority to remove or obliterate such unlawfully placed graffiti when such graffiti is visible from any public road or other public property. Any such authorization and related supervision of inmates shall be a discretionary function within the meaning of paragraph (2) of Code Section
50-21-24
for purposes of sovereign immunity, and the sovereign immunity of neither the state nor any political subdivision thereof is waived for any loss arising out of such authorization or related supervision of inmates. The Board of Corrections shall provide rules and regulations governing such use of labor by inmates from institutions under its jurisdiction.
(b)
No graffiti removal program operated by any political subdivision of this state shall charge any fee to any property owner or operator for removal of graffiti from such property.
Added by 2003 Ga. Laws 38, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 16 - DISCOVERY (§§ 17-16-1 — 17-16-23) › Article 1 - DEFINITIONS; FELONY CASES (§§ 17-16-1 — 17-16-10) › Section 17-16-1 - Definitions

As used in this chapter, the term:
(1)
"Possession, custody, or control of the state or prosecution" means an item which is within the possession, custody, or control of the prosecuting attorney or any law enforcement agency involved in the investigation of the case being prosecuted.
(2)
"Statement of a witness" means:
(A)
A written or recorded statement, or copies thereof, made by the witness that is signed or otherwise adopted or approved by the witness;
(B)
A substantially verbatim recital of an oral statement made by the witness that is recorded contemporaneously with the making of the oral statement and is contained in a stenographic, mechanical, electrical, or other recording or a transcription thereof; or
(C)
A summary of the substance of a statement made by a witness contained in a memorandum, report, or other type of written document but does not include notes or summaries made by counsel.
(3)
"Witness" does not include the defendant.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 16 - DISCOVERY (§§ 17-16-1 — 17-16-23) › Article 1 - DEFINITIONS; FELONY CASES (§§ 17-16-1 — 17-16-10) › Section 17-16-2 - Applicability of article

(a)
This article shall apply to all criminal cases in which at least one felony offense is charged in the event that at or prior to arraignment, or at such time as the court permits, the defendant provides written notice to the prosecuting attorney that such defendant elects to have this article apply to the defendant's case. When one defendant in a multidefendant case demands discovery under this article, the provisions of this article shall apply to all defendants in the case, unless a severance is granted.
(b)
Except as provided in subsection (c) of this Code section, this article shall not apply to juvenile court proceedings.
(c)
This article shall be deemed to have been automatically invoked, without the written notice provided for in subsection (a) of this Code section, when a defendant has sought discovery pursuant to Chapter 11 of Title 9, the "Georgia Civil Practice Act," pursuant to Part 8 of Article 6 of Chapter 11 of Title 15, or pursuant to the Uniform Rules for the Juvenile Courts of Georgia where such discovery material is the same as the discovery material that may be provided under this article when a written notice is filed pursuant to subsection (a) of this Code section.
(d)
Except as provided under Code Section
17-16-8
, this article is not intended to authorize discovery or inspection of attorney work product.
(e)
This article shall apply also to all criminal cases in which at least one felony offense is charged which was docketed, indicted, or in which an accusation was returned prior to January 1, 1995, if both the prosecuting attorney and the defendant agree in writing that the provisions of this article shall apply to the case.
(f)
Except as provided in paragraph (3) of subsection (b) of Code Section
17-16-4
, if a defendant has elected to have the provisions of this article apply, the provisions of this article shall also apply to sentencing hearings and the sentencing phase of a death penalty trial.
Amended by 2013 Ga. Laws 127,§ 4-21, eff. 1/1/2014.
Amended by 2005 Ga. Laws 79,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 16 - DISCOVERY (§§ 17-16-1 — 17-16-23) › Article 1 - DEFINITIONS; FELONY CASES (§§ 17-16-1 — 17-16-10) › Section 17-16-3 - Copy of indictment or accusation and list of witnesses furnished

Prior to arraignment, every person charged with a criminal offense shall be furnished with a copy of the indictment or accusation and a list of witnesses that may be supplemented pursuant to the other provisions of this article.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 16 - DISCOVERY (§§ 17-16-1 — 17-16-23) › Article 1 - DEFINITIONS; FELONY CASES (§§ 17-16-1 — 17-16-10) › Section 17-16-5 - Alibi witnesses

(a)
Upon written demand by the prosecuting attorney within ten days after arraignment, or at such time as the court permits, stating the time, date, and place at which the alleged offense was committed, the defendant shall serve within ten days of the demand of the prosecuting attorney or ten days prior to trial, whichever is later, or as otherwise ordered by the court, upon the prosecuting attorney a written notice of the defendant's intention to offer a defense of alibi. Such notice by the defendant shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the defendant, upon whom the defendant intends to rely to establish such alibi unless previously supplied.
(b)
The prosecuting attorney shall serve upon the defendant within five days of the defendant's written notice but no later than five days before trial, whichever is later, a written notice stating the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the state, upon whom the state intends to rely to rebut the defendant's evidence of alibi unless previously supplied.
(c)
If prior to or during trial, a party learns of an additional witness whose identity, if known, should have been included in the information furnished under subsection (a) or (b) of this Code section, the party shall promptly notify the other party of the existence and identity of such additional witness.
(d)
Upon a showing that a disclosure required by this Code section would create a substantial threat of physical or economic harm to a witness, the court may grant an exception to any of the requirements of subsections (a) through (c) of this Code section.
(e)
If the defendant withdraws the notice of intention to rely upon an alibi defense, the notice and intention to rely upon an alibi defense are not admissible. However the prosecuting attorney may offer any other evidence regarding alibi.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 16 - DISCOVERY (§§ 17-16-1 — 17-16-23) › Article 1 - DEFINITIONS; FELONY CASES (§§ 17-16-1 — 17-16-10) › Section 17-16-6 - Failure to comply with discovery requirements

If at any time during the course of the proceedings it is brought to the attention of the court that the state has failed to comply with the requirements of this article, the court may order the state to permit the discovery or inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice and bad faith, prohibit the state from introducing the evidence not disclosed or presenting the witness not disclosed, or may enter such other order as it deems just under the circumstances. If at any time during the course of the proceedings it is brought to the attention of the court that the defendant has failed to comply with the requirements of this article, the court may order the defendant to permit the discovery or inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice and bad faith, prohibit the defendant from introducing the evidence not disclosed or presenting the witness not disclosed, or may enter such other order as it deems just under the circumstances. The court may specify the time, place, and manner of making the discovery, inspection, and interview and may prescribe such terms and conditions as are just.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 16 - DISCOVERY (§§ 17-16-1 — 17-16-23) › Article 1 - DEFINITIONS; FELONY CASES (§§ 17-16-1 — 17-16-10) › Section 17-16-7 - Statements of witnesses

No later than ten days prior to trial or at such time as the court permits, or at the time of any post-indictment pretrial evidentiary hearing other than a bond hearing, the prosecution or the defendant shall produce for the opposing party any statement of any witness that is in the possession, custody, or control of the state or prosecution or in the possession, custody, or control of the defendant or the defendant's counsel that relates to the subject matter concerning the testimony of the witness that the party in possession, custody, or control of the statement intends to call as a witness at trial or at such post-indictment pretrial evidentiary hearing.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 16 - DISCOVERY (§§ 17-16-1 — 17-16-23) › Article 1 - DEFINITIONS; FELONY CASES (§§ 17-16-1 — 17-16-10) › Section 17-16-8 - Lists of names and information concerning witnesses

(a)
The prosecuting attorney, not later than ten days before trial, and the defendant's attorney, within ten days after compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, shall furnish to the opposing counsel as an officer of the court, in confidence, the names, current locations, dates of birth, and telephone numbers of that party's witnesses, unless for good cause the judge allows an exception to this requirement, in which event the counsel shall be afforded an opportunity to interview such witnesses prior to the witnesses being called to testify.
(b)
Nothing in this Code section shall be construed to require the prosecuting attorney to furnish the home address, date of birth, or home telephone number of a witness who is a law enforcement officer or a nonsworn employee of a law enforcement agency. Instead, in such cases, the prosecuting attorney shall furnish to the attorney for the accused, or, if pro se, to the accused, the current work location and work phone number of the law enforcement officer or nonsworn employee of a law enforcement agency.
(c)
Any formerly employed or retired law enforcement officer or nonsworn employee of a law enforcement agency may use the address and phone number of the last agency where he or she was employed as his or her contact information for purposes of this Code section. Use of this subsection by an officer or employee shall constitute a waiver of any claim by such officer or employee as to any defect of service or notice of hearing if the service or notice was provided to the designated law enforcement agency and shall impose an affirmative obligation on such officer or employee to keep current his or her personal address and phone number information with such agency.
Amended by 2023 Ga. Laws 33,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 16 - DISCOVERY (§§ 17-16-1 — 17-16-23) › Article 1 - DEFINITIONS; FELONY CASES (§§ 17-16-1 — 17-16-10) › Section 17-16-9 - Reimbursement for costs

Any party providing documents or statements to another party under this article shall be reimbursed for the actual cost incurred in providing such documents. If the court has determined the defendant to be indigent, the court shall determine the means of reimbursement.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 16 - DISCOVERY (§§ 17-16-1 — 17-16-23) › Article 1 - DEFINITIONS; FELONY CASES (§§ 17-16-1 — 17-16-10) › Section 17-16-10 - Material or information already furnished; who may be called as witness

The defendant need not include in materials and information furnished to the prosecuting attorney under this article any material or information which the prosecuting attorney has already furnished to the defendant under this article. The prosecuting attorney need not include in materials and information furnished to the defendant under this article any material or information which that defendant has already furnished to the prosecuting attorney under this article. Either party may call as a witness any person listed on either the prosecuting attorney's or defendant's witness list.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 16 - DISCOVERY (§§ 17-16-1 — 17-16-23) › Article 2 - MISDEMEANOR CASES (§§ 17-16-20 — 17-16-23) › Section 17-16-20 - Applicability of article

The provisions of this article shall apply only to misdemeanor cases or to felony cases docketed, indicted, or in which an accusation was returned prior to January 1, 1995, if the prosecuting attorney and the defendant do not agree in writing that the provisions of Article 1 of this chapter shall apply.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 16 - DISCOVERY (§§ 17-16-1 — 17-16-23) › Article 2 - MISDEMEANOR CASES (§§ 17-16-20 — 17-16-23) › Section 17-16-21 - Right of the defendant to copy of indictment or accusation and list of witnesses; confidentiality for law enforcement personal information

(a)
Prior to arraignment, every person charged with a criminal offense shall be furnished with a copy of the indictment or accusation and, on demand, with a list of the witnesses on whose testimony the charge against such person is founded. Without the consent of the defendant, no witness shall be permitted to testify for the state whose name does not appear on the list of witnesses as furnished to the defendant unless the prosecuting attorney shall state that the evidence sought to be presented is newly discovered evidence which the state was not aware of at the time of its furnishing the defendant with a list of the witnesses.
(b)
Nothing in this Code section shall be construed to require any person charged with a criminal offense to be furnished the home address, date of birth, or home telephone number of a witness who is a law enforcement officer or a nonsworn employee of a law enforcement agency. Instead, in such cases, such person shall be furnished with the current work location and work phone number of the law enforcement officer or nonsworn employee of a law enforcement agency.
(c)
Any formerly employed or retired law enforcement officer or nonsworn employee of a law enforcement agency may use the address and phone number of the last agency where he or she was employed as his or her contact information for purposes of this Code section. Use of this subsection by an officer or employee shall constitute a waiver of any claim by such officer or employee as to any defect of service or notice of hearing if the service or notice was provided to the designated law enforcement agency and shall impose an affirmative obligation on such officer or employee to keep current his or her personal address and phone number information with such agency.
Amended by 2023 Ga. Laws 33,§ 2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 16 - DISCOVERY (§§ 17-16-1 — 17-16-23) › Article 2 - MISDEMEANOR CASES (§§ 17-16-20 — 17-16-23) › Section 17-16-22 - Right of defendant to copy of statement given while in police custody; failure of prosecution to comply; evidence discovered after filing of request

(a)
At least ten days prior to the trial of the case, the defendant shall be entitled to have a copy of any statement given by the defendant while in police custody. The defendant may make such request for a copy of any such statement, in writing, within any reasonable period of time prior to trial.
(b)
If the defendant's statement is oral or partially oral, the prosecution shall furnish, in writing, all relevant and material portions of the defendant's statement.
(c)
Failure of the prosecution to comply with a defendant's timely written request for a copy of such defendant's statement, whether written or oral, shall result in such statement being excluded and suppressed from the prosecution's use in its case-in-chief or in rebuttal.
(d)
If the defendant's statement is oral, no relevant and material, incriminating or inculpatory, portion of the statement of the defendant may be used against the defendant unless it has been previously furnished to the defendant, if a timely written request for a copy of the statement has been made by the defendant.
(e)
This Code section shall not apply to evidence discovered after a request has been filed. If a request has been filed, such evidence shall be produced as soon as possible after it has been discovered.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 16 - DISCOVERY (§§ 17-16-1 — 17-16-23) › Article 2 - MISDEMEANOR CASES (§§ 17-16-20 — 17-16-23) › Section 17-16-23 - Right of defendant to copies of written scientific reports; failure to comply

(a)
As used in this Code section, the term "written scientific reports" includes, but is not limited to, reports from the Division of Forensic Sciences of the Georgia Bureau of Investigation; an autopsy report by the coroner of a county or by a private pathologist; blood alcohol test results done by a law enforcement agency or a private physician; and similar types of reports that would be used as scientific evidence by the prosecution in its case-in-chief or in rebuttal against the defendant.
(b)
In all criminal trials the defendant shall be entitled to have a complete copy of any written scientific reports in the possession of the prosecution which will be introduced in whole or in part against the defendant by the prosecution in its case-in-chief or in rebuttal. The request for a copy of any written scientific reports shall be made by the defendant in writing at arraignment or within any reasonable time prior to trial. If such written request is not made at arraignment, it shall be within the sound discretion of the trial judge to determine in each case what constitutes a reasonable time prior to trial. If the scientific report is in the possession of or available to the prosecuting attorney, the prosecuting attorney must comply with this Code section at least ten days prior to the trial of the case.
(c)
Failure by the prosecution to furnish the defendant with a copy of any written scientific report, when a proper and timely written demand has been made by the defendant, shall result in such report being excluded and suppressed from evidence in the prosecution's case-in-chief or in rebuttal.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 17 - CRIME VICTIMS' BILL OF RIGHTS (§§ 17-17-1 — 17-17-16) › Section 17-17-1 - Declaration of policy

The General Assembly hereby finds and declares it to be the policy of this state that victims of crimes should be accorded certain basic rights just as the accused are accorded certain basic rights. These rights include:
(1)
The right to reasonable, accurate, and timely notice of any scheduled court proceedings or any changes to such proceedings;
(2)
The right to reasonable, accurate, and timely notice of the arrest, release, or escape of the accused;
(3)
The right not to be excluded from any scheduled court proceedings, except as provided in this chapter or as otherwise required by law;
(4)
The right to be heard at any scheduled court proceedings involving the release, plea, or sentencing of the accused;
(5)
The right to file a written objection in any parole proceedings involving the accused;
(6)
The right to confer with the prosecuting attorney in any criminal prosecution related to the victim;
(7)
The right to restitution as provided by law;
(8)
The right to proceedings free from unreasonable delay; and
(9)
The right to be treated fairly and with dignity by all criminal justice agencies involved in the case.
Amended by 2010 Ga. Laws 403,§ 6, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 17 - CRIME VICTIMS' BILL OF RIGHTS (§§ 17-17-1 — 17-17-16) › Section 17-17-2 - Short title

This chapter shall be known and may be cited as the "Crime Victims' Bill of Rights."
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 17 - CRIME VICTIMS' BILL OF RIGHTS (§§ 17-17-1 — 17-17-16) › Section 17-17-4 - Designation of family member to act in place of physically disabled victim

If a victim is physically unable to exercise privileges and rights under this chapter, the victim may designate by written instrument his or her spouse, adult child, parent, sibling, or grandparent to act in place of the victim during the duration of the physical disability. During the physical disability, notices to be provided under this chapter to the victim shall continue to be afforded only to the victim.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 17 - CRIME VICTIMS' BILL OF RIGHTS (§§ 17-17-1 — 17-17-16) › Section 17-17-5 - Notification to victim of accused's arrest, release, judicial proceedings, escape, and violations of electronic release and monitoring program

(a)
All victims, wherever practicable, shall be entitled to notification of:
(1)
The accused's arrest;
(2)
The accused's release from custody;
(3)
Any judicial proceeding at which the release of the accused will be considered;
(4)
An escape by the accused and his or her subsequent rearrest; and
(5)
If the accused is released from custody and the terms or conditions of such release require that the accused participate in an electronic release and monitoring program, the accused's violation of the terms or conditions of the electronic release and monitoring program, provided that an arrest warrant has been issued for the accused and the accused is prohibited from contacting the victim.
(b)
No such notification shall be required unless the victim provides a current address and telephone number to which such notice can be directed.
(c)
The criminal justice agency having knowledge of an event described in subsection (a) of this Code section shall provide notice to the victim of such event. Such agency shall advise the victim of his or her right to notification pursuant to this chapter and of the requirement of the victim's providing a current address and telephone number to which the notification shall be directed. Such victim shall transmit the telephone number described in this subsection to the appropriate criminal justice agency or custodial authority as provided for in this chapter.
Amended by 2010 Ga. Laws 403,§ 8, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 17 - CRIME VICTIMS' BILL OF RIGHTS (§§ 17-17-1 — 17-17-16) › Section 17-17-5.1 - Victim notification from Department of Behavioral Health and Developmental Disabilities

(a)
If the accused is committed to the Department of Behavioral Health and Developmental Disabilities pursuant to the provisions of Part 2 of Article 6 of Chapter 7 of this title, the department shall, upon the written request of the victim, mail to the victim at least ten days before the release or discharge of the accused notice of the release or discharge of the accused.
(b)
The Department of Behavioral Health and Developmental Disabilities shall mail to the victim immediately after the escape or subsequent readmission of the accused notice of such escape or subsequent readmission of the person who is placed by court order in the custody of the department pursuant to the provisions of Part 2 of Article 6 of Chapter 7 of this title.
Added by 2010 Ga. Laws 403,§ 9, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 17 - CRIME VICTIMS' BILL OF RIGHTS (§§ 17-17-1 — 17-17-16) › Section 17-17-6 - Notification to victim of accused's pretrial release and of victims' rights and the availability of victims' compensation and services

(a)
Upon initial contact with a victim, all law enforcement and court personnel shall make available to the victim the following information written in plain language:
(1)
The possibility of pretrial release of the accused, the victim's rights and role in the stages of the criminal justice process, and the means by which additional information about these stages can be obtained;
(2)
The availability of victim compensation and, if the victim has been trafficked for labor or sexual servitude as defined in Code Section
16-5-46
, compensation available through the federal government pursuant to
22 U.S.C. Section 7105
; and
(3)
The availability of community based victim service programs.
(b)
The Criminal Justice Coordinating Council is designated as the coordinating entity between various law enforcement agencies, the courts, and social service delivery agencies. The Criminal Justice Coordinating Council shall develop and disseminate written information upon which law enforcement personnel may rely in disseminating the information required by this chapter.
Amended by 2011 Ga. Laws 54,§ 7, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 17 - CRIME VICTIMS' BILL OF RIGHTS (§§ 17-17-1 — 17-17-16) › Section 17-17-7 - Notification to victim of accused's arrest and proceedings where accused's release is considered; victim's right to express opinion in pending proceedings and to file written complaint in event of release

(a)
Whenever possible, the investigating law enforcement agency shall give to a victim prompt notification as defined in paragraph (9) of Code Section
17-17-3
of the arrest of an accused.
(b)
The arresting law enforcement agency shall promptly notify the investigating law enforcement agency of the accused's arrest.
(c)
Whenever possible, the prosecuting attorney shall notify the victim prior to any proceeding in which the release of the accused will be considered.
(d)
Whenever possible, the prosecuting attorney shall offer the victim the opportunity to express the victim's opinion on the release of the accused pending judicial proceedings.
(e)
(1)
Whenever possible, the custodial authority shall give prompt notification to a victim of the release of the accused.
(2)
Prompt notification of release from a county or municipal jail is effected by placing a telephone call to the telephone number provided by the victim and giving notice to the victim or any person answering the telephone who appears to be sui juris or by leaving an appropriate message on a telephone answering machine.
(3)
Notification of release from the custody of the state or any county correctional facility shall be in the manner provided by law.
(f)
If the court has granted a pretrial release or supersedeas bond, the victim shall have the right to file a written complaint with the prosecuting attorney asserting acts or threats of physical violence or intimidation by the accused or at the accused's direction against the victim or the victim's immediate family. Based on the victim's written complaint or other evidence, the prosecuting attorney may move the court that the bond or personal recognizance of an accused be revoked.
Amended by 2014 Ga. Laws 669,§ 17, eff. 4/29/2014.