reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 2 - ARREST BY LAW ENFORCEMENT OFFICERS GENERALLY (§§ 17-4-20 — 17-4-30) › Section 17-4-20.2 - Bias Crime Report; requirements; use of reports; publication

(a)
Whenever a law enforcement officer investigates an incident of a crime in which it appears that the defendant intentionally selected any victim or group of victims or any property as the object of the offense because of such victim's or group of victims' actual or perceived race, color, religion, national origin, sex, sexual orientation, gender, mental disability, or physical disability, whether or not an arrest is made, the officer shall prepare and submit to the law enforcement officer's supervisor or other designated person a written report of the incident entitled "Bias Crime Report." Forms for such reports shall be designed and provided by the Georgia Bureau of Investigation. The report shall include:
(1)
Names of the parties;
(2)
Relationship of the parties;
(3)
Sex and gender of the parties;
(4)
Race of the parties;
(5)
Religion of the parties;
(6)
Dates of birth of the parties;
(7)
Time, place, and date of the incident;
(8)
Whether there is evidence to indicate that the incident occurred because of a person's actual or perceived attributes as specified by subsection (a) of this Code section;
(9)
Type and extent of the alleged violation;
(10)
Existence of any objects or symbols associated with the terrorizing of persons based upon actual or perceived race, religion, or sex;
(11)
Number and types of weapons involved, if any;
(12)
Existence of any prior difficulties between the parties;
(13)
Type of police action taken in disposition of case;
(14)
Whether the victim was apprised of available remedies and services; and
(15)
Any other information the officer deems pertinent.
(b)
The report provided for in subsection (a) of this Code section shall be considered for statistical purposes only and, where no arrests are made, shall not be subject to the provisions of Article 4 of Chapter 18 of Title 50. However, upon request, a defendant who has been arrested for a criminal violation subject to Code Section
17-10-17
and the victim shall be entitled to review and copy any report prepared in accordance with this Code section relating to the defendant.
(c)
Each police department, including local precincts and county sheriff departments, shall report, according to rules and regulations of the Georgia Crime Information Center, all incidents involving alleged criminal violations subject to the provisions of this Code section, both arrests and nonarrests, to the Georgia Bureau of Investigation, which shall compile and analyze statistics of such crimes and cause them to be published annually in the Georgia Uniform Crime Reports. An offense shall be counted for each incident reported to the police. A zero shall be reported if no incidents have occurred during the reporting period.
Added by 2020 Ga. Laws 329,§ 2, eff. 7/1/2020.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 2 - ARREST BY LAW ENFORCEMENT OFFICERS GENERALLY (§§ 17-4-20 — 17-4-30) › Section 17-4-21 - Duty of arresting officer to take arrested person before judicial officer; right of arrested person to select judicial officer

The arresting officer shall take the arrested person before the most convenient and accessible judicial officer authorized to hear the case unless the arrested person requests otherwise, in which case, if there is no suspicion of improper motive, the arresting officer shall take him before some other judicial officer. An arrested person has no right to select the judicial officer before whom he shall be tried.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 2 - ARREST BY LAW ENFORCEMENT OFFICERS GENERALLY (§§ 17-4-20 — 17-4-30) › Section 17-4-22 - Authority of peace officers to make arrests not to be denied because of race, creed, or national origin of peace officers or persons arrested

No peace officer of this state or of any political subdivision thereof shall be denied the authority to arrest any person because of the race, creed, or national origin of the peace officer nor because of the race, creed, or national origin of the person who is being arrested.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 2 - ARREST BY LAW ENFORCEMENT OFFICERS GENERALLY (§§ 17-4-20 — 17-4-30) › Section 17-4-24 - Duty of law enforcement officers to execute penal warrants; summoning of posses

Every law enforcement officer is bound to execute the penal warrants given to him to execute. He may summon to his assistance, either in writing or orally, any of the citizens of the neighborhood or county to assist in the execution of such warrants. The acts of the citizens formed as a posse by such officer shall be subject to the same protection and consequences as official acts.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 2 - ARREST BY LAW ENFORCEMENT OFFICERS GENERALLY (§§ 17-4-20 — 17-4-30) › Section 17-4-25 - Power to make arrests in any county; arrested persons taken before judicial officer; transportation costs; holding in county other than one in which offense committed; transport to regional jail

(a)
Under a warrant issued by a judicial officer, an arresting officer may, in any county without regard to the residence of the arresting officer, arrest any person charged with a crime. It is the duty of the arresting officer to take the accused, with the warrant under which he was arrested, to the county in which the offense is alleged to have been committed, for examination before any judicial officer of that county.
(b)
The county where the offense is alleged to have been committed shall pay the expenses of the arresting officer in taking the arrested person to the county. The arresting officer may hold or imprison the arrested person in a county other than the county in which the offense is alleged to have been committed long enough to enable him to prepare to take the arrested person to the county in which the offense is alleged to have been committed.
(c)
Should the county in which the offense is alleged to have been committed be a member of a regional jail authority created under Article 5 of Chapter 4 of Title 42, known as the "Regional Jail Authorities Act," the arresting officer shall transport the prisoner to the regional jail. The judicial officer of the county in which the offense is alleged to have been committed may conduct the examination of the accused required by subsection (a) of this Code section in the county in which the offense is alleged to have been committed or in facilities available at the regional jail or by audio-visual communication between the two locations and between the accused, the court, the attorneys, and the witnesses.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 2 - ARREST BY LAW ENFORCEMENT OFFICERS GENERALLY (§§ 17-4-20 — 17-4-30) › Section 17-4-25.1 - Transport of arrested person to jurisdiction in which offense committed; transport of prisoner outside county or municipality

(a)
As provided in subsection (e) of this Code section, a sworn law enforcement officer from a county or municipality in which an offense is alleged to have been committed shall be authorized to transport an arrested person, with the warrant under which such person was arrested, from one jurisdiction to the county or municipality in which the offense is alleged to have been committed for examination before any judicial officer of that county or municipality.
(b)
Unless otherwise provided by contract, the agency requesting the transportation of the arrested person pursuant to subsection (a) of this Code section shall be responsible for all costs associated with the transport. Such officer may hold or imprison the arrested person in a jurisdiction other than where the offense is alleged to have been committed long enough to enable such officer to prepare to take the arrested person to the jurisdiction in which the offense is alleged to have been committed.
(c)
A sworn law enforcement officer from a county or municipality shall be authorized to transport a prisoner who is lawfully in the custody of such officer to a medical facility, juvenile detention facility as defined in Code Section
49-4A-1
, or court appearance outside such county or municipality or to transport such prisoner to a location outside such county or municipality for any lawfully required or necessary purpose.
(d)
This Code section shall not be construed to provide any general state-wide police powers or authority for county or municipal law enforcement officers or expand the arrest powers of such officers outside their properly authorized jurisdiction.
(e)
Sheriffs and, with the approval of its governing authority, municipal or other law enforcement agency heads are authorized to enter into a contract for the purposes of transporting arrested individuals from the jurisdiction of the arrest to an appropriate detention facility where the alleged crime is to have occurred. In the absence of a written contract between the sheriff and municipal or other law enforcement agency head, the sheriff or his or her designee has the right of first refusal, as evidenced in writing, of transporting persons arrested on a warrant to an appropriate detention facility where the crime is alleged to have occurred. Any responsibility arising as a result of the transportation of an arrested individual as authorized in this Code section shall be that of the agency whose employee is transporting the arrested individual.
Amended by 2013 Ga. Laws 127,§ 4-14, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 2 - ARREST BY LAW ENFORCEMENT OFFICERS GENERALLY (§§ 17-4-20 — 17-4-30) › Section 17-4-26 - Duty to bring persons arrested before judicial officer within 72 hours; notice to accused of time and place of commitment hearing; effect of failure to notify

Every law enforcement officer arresting under a warrant shall exercise reasonable diligence in bringing the person arrested before the judicial officer authorized to examine, commit, or receive bail and in any event to present the person arrested before a committing judicial officer within 72 hours after arrest. The accused shall be notified as to when and where the commitment hearing is to be held. An arrested person who is not notified before the hearing of the time and place of the commitment hearing shall be released.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 2 - ARREST BY LAW ENFORCEMENT OFFICERS GENERALLY (§§ 17-4-20 — 17-4-30) › Section 17-4-27 - Duty to maintain information about persons arrested by law enforcement officers under their supervision; inspection of records

It shall be the duty of all sheriffs, chiefs of police, and the heads of any other law enforcement agencies of this state to obtain, or cause to be obtained, the name, address, and age of each person arrested by law enforcement officers under the supervision of such sheriffs, chiefs of police, or heads of any other law enforcement agencies of this state, when any such person is charged with an offense against the laws of this state, any other state, or the United States. The information shall be placed on appropriate records which each law enforcement agency shall maintain. The records shall be open for public inspection unless otherwise provided by law.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 2 - ARREST BY LAW ENFORCEMENT OFFICERS GENERALLY (§§ 17-4-20 — 17-4-30) › Section 17-4-28 - Advising, encouraging, or procuring dismissal or settlement of warrant by arresting officer

Any arresting officer who advises or encourages the dismissal or settlement of any criminal warrant placed in his hands for execution, either before or after an arrest is made on the warrant, or who procures or encourages the dismissal or settlement of such warrants by threats, duress, intimidation, promises, or any other artifice or means shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 2 - ARREST BY LAW ENFORCEMENT OFFICERS GENERALLY (§§ 17-4-20 — 17-4-30) › Section 17-4-29 - Collecting or receiving costs or other charges of prosecutor or defendant by arresting officer before warrant returned

(a)
Any arresting officer who collects or receives any costs or other charges of a prosecutor or defendant in a case made on a state's warrant, or of anyone acting in the interest of either of them, before the warrant is returned to the court to which it is made returnable, shall be guilty of a misdemeanor.
(b)
Nothing in this Code section or in Code Section
17-4-28
shall be construed as prohibiting arresting officers from receiving from prosecutors sums of money sufficient to defray their expenses in going beyond the limits of the jurisdiction of such arresting officer to search for or to make the arrest of the accused person.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 2 - ARREST BY LAW ENFORCEMENT OFFICERS GENERALLY (§§ 17-4-20 — 17-4-30) › Section 17-4-30 - Arrest of hearing impaired persons

In the event a hearing impaired person is arrested for any alleged violation of a criminal law of this state, the arresting officer shall comply with the provisions of Article 3 of Chapter 6 of Title 24.
Added by 2011 Ga. Laws 52,§ 27, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 3 - WARRANTS FOR ARREST (§§ 17-4-40 — 17-4-47) › Section 17-4-41 - Contents of affidavits made or warrants issued for arrest of penal offenders

(a)
An affidavit made or warrant issued for the arrest of a person who is accused of violating the penal laws of this state shall include, as nearly as practicable, the following facts:
(1)
The offense, including the time, date, place of occurrence, against whom the offense was committed, and a statement describing the offense; and
(2)
The county in which the offense was committed.
(b)
When the offense charged is theft, the affidavit made or warrant issued shall state, in addition to the requirements of subsection (a) of this Code section, the following facts:
(1)
Name of the property alleged to have been stolen, with a description thereof, including its value; and
(2)
Name of the owner of the property and the person from whose possession such property was taken.
(c)
It is the intent of these requirements that the accused person shall be informed of the specific charge against him and of all basic pertinent particulars pertaining thereto.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 3 - WARRANTS FOR ARREST (§§ 17-4-40 — 17-4-47) › Section 17-4-42 - Issuance of special warrants for arrest; treatment of special warrants as general arrest warrants

No judicial officer except a judge of the superior court shall issue a special warrant for arrest returnable only before himself; nor shall any superior court judge issue such warrant outside of his own judicial circuit. If issued outside the judicial circuit, the warrant shall be treated as a general arrest warrant.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 3 - WARRANTS FOR ARREST (§§ 17-4-40 — 17-4-47) › Section 17-4-43 - Requirement by judicial officer of bond to prosecute

The judicial officer issuing a warrant for arrest upon any sufficient grounds may first require the applicant to file a bond, with sufficient sureties, to prosecute the case in the event of a committal.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 3 - WARRANTS FOR ARREST (§§ 17-4-40 — 17-4-47) › Section 17-4-44 - Warrants may be issued in any county; execution of warrants without backing or endorsement of judicial officer in county where warrant is executed

A warrant for arrest may be issued in any county, though the crime was committed in another county. A warrant, once issued, may be executed in any county without being backed or endorsed by a judicial officer in the county where the warrant is executed.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 3 - WARRANTS FOR ARREST (§§ 17-4-40 — 17-4-47) › Section 17-4-45 - Form of affidavit for arrest warrant

An affidavit for an arrest warrant substantially complying with the following form shall in all cases be sufficient:
Georgia, __________________ County.
Personally came (name of affiant), who on oath says that, to the best of his knowledge and belief, (name of person against whom the warrant is sought) did, on the __________________ day of __________________, __________________, in the county aforesaid, commit the offense of (insert here all information describing offense as required by Code Section
17-4-41
) and this affiant makes this affidavit that a warrant may issue for his arrest.
__________________
(Signature of the affiant)
Sworn to and subscribed before me, this __________________ day of __________________, __________________.
__________________
Judicial officer
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 3 - WARRANTS FOR ARREST (§§ 17-4-40 — 17-4-47) › Section 17-4-46 - Form of warrant for arrest

An arrest warrant substantially complying with the following form shall in all cases be sufficient:
Georgia, __________________ County.
To any sheriff, deputy sheriff, coroner, constable, or marshal of said state - Greetings:
(Name of the affiant) makes oath before me that on the __________________ day of __________________, in the year __________________, in the county aforesaid, (name of person against whom the warrant is sought) did commit the offense of (insert here all information describing offense as required by Code Section
17-4-41
). You are therefore commanded to arrest (name of person against whom the warrant is sought) and bring him before me, or some other judicial officer of this state, to be dealt with as the law directs. You will also levy on a sufficiency of the property of (name of person against whom the warrant is sought) to pay the costs in the event of his final conviction. Herein fail not.
__________________
Judicial officer
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 3 - WARRANTS FOR ARREST (§§ 17-4-40 — 17-4-47) › Section 17-4-47 - Issuance of warrants by video conference; testimony; initial bond hearings; oaths

(a)
A judge of any court in this state authorized to issue arrest warrants pursuant to Code Section
17-4-40
may, as an alternative to other laws relating to the issuance of arrest warrants, conduct such applications for the issuance of arrest warrants by video conference. The issuance of an arrest warrant by video conference shall be valid irrespective of the physical location of the judge at the time of the video conference, provided that the judge issuing the warrant is authorized by law to issue such warrant.
(b)
Arrest warrant applications heard by video conference shall be conducted in a manner to ensure that the judge conducting the hearing has visual and audible contact with all affiants and witnesses giving testimony.
(c)
The affiant participating in an arrest warrant application by video conference shall sign the affidavit for an arrest warrant and any related documents by any reasonable means which identifies the affiant, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the person signing the affidavit and any related documents. The judge participating in an arrest warrant application by video conference shall sign the affidavit for an arrest warrant, the arrest warrant, and any related documents by any reasonable means which identifies the judge, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the judicial officer signing the affidavit and warrant and any related documents. Such authorization shall be deemed to comply with the signature requirements provided for in Code Sections
17-4-45
and
17-4-46
.
(d)
A judge may also utilize a video conference to conduct hearings relating to the issuance of an initial bond connected with an offense for which an arrest warrant is issued, provided that the setting of such bond is within the jurisdiction of that court.
(e)
A judge hearing matters pursuant to this Code section shall administer an oath to any person testifying by means of a video conference.
Amended by 2021 Ga. Laws 202,§ 1-6, eff. 5/4/2021.
Amended by 2013 Ga. Laws 179,§ 1, eff. 7/1/2013.
Amended by 2008 Ga. Laws 471,§ 17, eff. 5/12/2008.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 4 - ARREST OF PERSONS (§§ 17-4-1 — 17-4-80) › Article 4 - ARREST BY PRIVATE PERSONS (§ 17-4-60) › Section 17-4-60 - through 17-4-62 - [Reserved]

Reserved. Repealed by Ga. L. 2021, p. 625, § 2/HB 479, effective May 10, 2021.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 1 - SEARCHES WITHOUT WARRANTS (§§ 17-5-1 — 17-5-2) › Section 17-5-1 - Search pursuant to lawful arrest authorized

(a)
When a lawful arrest is effected a peace officer may reasonably search the person arrested and the area within the person's immediate presence for the purpose of:
(1)
Protecting the officer from attack;
(2)
Preventing the person from escaping;
(3)
Discovering or seizing the fruits of the crime for which the person has been arrested; or
(4)
Discovering or seizing any instruments, articles, or things which are being used or which may have been used in the commission of the crime for which the person has been arrested.
(b)
When the peace officer is in the process of effecting a lawful search, nothing in this Code section shall be construed to preclude him from discovering or seizing any stolen or embezzled property, any item, substance, object, thing, or matter, the possession of which is unlawful, or any item, substance, object, thing, or matter, other than the private papers of any person, which is tangible evidence of the commission of a crime against the laws of this state.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 1 - SEARCHES WITHOUT WARRANTS (§§ 17-5-1 — 17-5-2) › Section 17-5-2 - Inventory of items seized without search warrant to be given to person arrested and judicial officer before whom person arrested taken; return of items

An inventory of all instruments, articles, or things seized in a search without a search warrant shall be given to the person arrested and a copy thereof delivered to the judicial officer before whom the person arrested is taken. If the person arrested is released without a charge being preferred against him, all instruments, articles, or things seized, other than contraband or stolen property, shall be returned to him upon release.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 2 - SEARCHES WITH WARRANTS (§§ 17-5-20 — 17-5-32) › Section 17-5-20 - Requirements for issuance of search warrant generally

(a)
A search warrant may be issued only upon the application of an officer of this state or its political subdivisions charged with the duty of enforcing the criminal laws or a currently certified peace officer engaged in the course of official duty, whether said officer is employed by a law enforcement unit of:
(1)
The state or a political subdivision of the state; or
(2)
A university, college, or school.
(b)
A search warrant shall not be issued upon the application of a private citizen or for his aid in the enforcement of personal, civil, or property rights.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 2 - SEARCHES WITH WARRANTS (§§ 17-5-20 — 17-5-32) › Section 17-5-21.1 - Issuance of search warrants by video conference

(a)
A judge of any court in this state authorized to issue search warrants pursuant to Code Section
17-5-21
may, as an alternative to other laws relating to the issuance of search warrants, conduct such applications for the issuance of search warrants by video conference. The issuance of a search warrant by video conference shall be valid irrespective of the physical location of the judge at the time of the video conference, provided that the judge issuing the warrant is authorized by law to issue such warrant.
(b)
Search warrant applications heard by video conference shall be conducted in a manner to ensure that the judge conducting the hearing has visual and audible contact with all affiants and witnesses giving testimony.
(c)
The affiant participating in a search warrant application by video conference shall sign the affidavit for a search warrant and any related documents by any reasonable means which identifies the affiant, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the person signing the affidavit and any related documents. The judge participating in a search warrant application by video conference shall sign the affidavit for a search warrant, the search warrant, and any related documents by any reasonable means which identifies the judge, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the judicial officer signing the affidavit and warrant and any related documents. Such applications shall be deemed to be written within the meaning of Code Section
17-5-21
. Such authorization shall be deemed to comply with the issuance requirements provided for in Code Section
17-5-22
.
(d)
A judge hearing matters pursuant to this Code section shall administer an oath to any person testifying by means of a video conference.
(e)
A video recording of the application hearing and any documents submitted in conjunction with the application shall be maintained as part of the record.
Amended by 2021 Ga. Laws 202,§ 1-7, eff. 5/4/2021.
Amended by 2013 Ga. Laws 179,§ 2, eff. 7/1/2013.
Added by 2001 Ga. Laws 171, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 2 - SEARCHES WITH WARRANTS (§§ 17-5-20 — 17-5-32) › Section 17-5-22 - Issuance of search warrants by judicial officers generally; maintenance of docket record of warrants issued

All warrants shall state the time and date of issuance and are the warrants of the judicial officer issuing the same and not the warrants of the court in which he is then sitting. Such warrants need not bear the seal of the court or clerk thereof. The warrant, the complaint on which the warrant is issued, the affidavit or affidavits supporting the warrant, and the returns shall be filed with the clerk of the court of the judicial officer issuing the same, or with the court if there is no clerk, at the time the warrant has been executed or has been returned "not executed"; provided, however, that the judicial officer shall keep a docket record of all warrants issued by him, and upon issuing any warrant he shall immediately record the same, within a reasonable time, on the docket.
Amended by 2014 Ga. Laws 669,§ 17, eff. 4/29/2014.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 2 - SEARCHES WITH WARRANTS (§§ 17-5-20 — 17-5-32) › Section 17-5-23 - Command of search warrant

The search warrant shall command the officer directed to execute the same to search the place or person particularly described in the warrant and to seize the instruments, articles, or things particularly described in the search warrant.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 2 - SEARCHES WITH WARRANTS (§§ 17-5-20 — 17-5-32) › Section 17-5-24 - Officers authorized to execute search warrants

The search warrant shall be issued in duplicate and shall be directed for execution to all peace officers of this state. However, the judicial officer may direct the search warrant to be executed by any peace officer named specially therein.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 2 - SEARCHES WITH WARRANTS (§§ 17-5-20 — 17-5-32) › Section 17-5-25 - Execution of search warrant generally

The search warrant shall be executed within ten days from the time of issuance. If the warrant is executed, the duplicate copy shall be left with any person from whom any instruments, articles, or things are seized; or, if no person is available, the copy shall be left in a conspicuous place on the premises from which the instruments, articles, or things were seized. Any search warrant not executed within ten days from the time of issuance shall be void and shall be returned to the court of the judicial officer issuing the same as "not executed."
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 2 - SEARCHES WITH WARRANTS (§§ 17-5-20 — 17-5-32) › Section 17-5-26 - When search warrant may be executed

The search warrant may be executed at any reasonable time.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 2 - SEARCHES WITH WARRANTS (§§ 17-5-20 — 17-5-32) › Section 17-5-27 - Use of force in execution of search warrant

All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to execute a search warrant if, after verbal notice or an attempt in good faith to give verbal notice by the officer directed to execute the same of his authority and purpose:
(1)
He is refused admittance;
(2)
The person or persons within the building or property or part thereof refuse to acknowledge and answer the verbal notice or the presence of the person or persons therein is unknown to the officer; or
(3)
The building or property or part thereof is not then occupied by any person.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 2 - SEARCHES WITH WARRANTS (§§ 17-5-20 — 17-5-32) › Section 17-5-28 - Detention and search of persons on premises

In the execution of the search warrant the officer executing the same may reasonably detain or search any person in the place at the time:
(1)
To protect himself from attack; or
(2)
To prevent the disposal or concealment of any instruments, articles, or things particularly described in the search warrant.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 2 - SEARCHES WITH WARRANTS (§§ 17-5-20 — 17-5-32) › Section 17-5-29 - Written return of items seized; filing and signing of inventory; delivery of copies of inventory

A written return of all instruments, articles, or things seized shall be made without unnecessary delay before the judicial officer named in the warrant or before any court of competent jurisdiction. An inventory of any instruments, articles, or things seized shall be filed with the return and signed under oath by the officer executing the warrant. The judicial officer or court shall, upon request, deliver a copy of the inventory to the persons from whom or from whose premises the instruments, articles, or things were taken and to the applicant for the warrant.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 2 - SEARCHES WITH WARRANTS (§§ 17-5-20 — 17-5-32) › Section 17-5-30 - Motion to suppress evidence illegally seized generally

(a)
A defendant aggrieved by an unlawful search and seizure may move the court for the return of property, the possession of which is not otherwise unlawful, and to suppress as evidence anything so obtained on the grounds that:
(1)
The search and seizure without a warrant was illegal; or
(2)
The search and seizure with a warrant was illegal because the warrant is insufficient on its face, there was not probable cause for the issuance of the warrant, or the warrant was illegally executed.
(b)
The motion shall be in writing and state facts showing that the search and seizure were unlawful. The judge shall receive evidence out of the presence of the jury on any issue of fact necessary to determine the motion; and the burden of proving that the search and seizure were lawful shall be on the state. If the motion is granted the property shall be restored, unless otherwise subject to lawful detention, and it shall not be admissible in evidence against the movant in any trial.
(c)
The motion shall be made only before a court with jurisdiction to try the offense. If a criminal accusation is filed or if an indictment or special presentment is returned by a grand jury, the motion shall be made only before the court in which the accusation, indictment, or special presentment is filed and pending.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 2 - SEARCHES WITH WARRANTS (§§ 17-5-20 — 17-5-32) › Section 17-5-31 - Quashing warrant or suppressing evidence because of technical irregularity not affecting substantial rights of accused

No search warrant shall be quashed or evidence suppressed because of a technical irregularity not affecting the substantial rights of the accused.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 3 - DISPOSITION OF PROPERTY SEIZED (§§ 17-5-50 — 17-5-56) › Section 17-5-51 - Civil forfeiture of weapons used in commission of crime, possession of which constitutes crime or delinquent act, or illegal concealment generally

Any device which is used as a weapon in the commission of any crime against any person or any attempt to commit any crime against any person, any weapon the possession or carrying of which constitutes a crime or delinquent act, and any weapon for which a person has been convicted of violating Code Section
16-11-126
are declared to be contraband and shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9, notwithstanding the time frames set forth in Code Section
9-16-7
.
Amended by 2015 Ga. Laws 98,§ 3-14, eff. 7/1/2015.
Amended by 2012 Ga. Laws 764,§ 2, eff. 5/3/2012.
Amended by 2010 Ga. Laws 643,§ 2-10, eff. 6/4/2010.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 3 - DISPOSITION OF PROPERTY SEIZED (§§ 17-5-50 — 17-5-56) › Section 17-5-52 - Disposition of weapons used in commission of crime or delinquent act involving possession; civil forfeiture

When a final judgment is entered finding a defendant guilty of the commission or attempted commission of a crime against any person or guilty of the commission of a crime or delinquent act involving the illegal possession or carrying of a weapon, any device which was used as a weapon in the commission of the crime or delinquent act shall be turned over by the person having custody of the weapon or device to the sheriff, chief of police, or other executive officer of the law enforcement agency that originally confiscated the weapon or device when the weapon or device is no longer needed for evidentiary purposes. Within one year after receiving the weapon or device, the sheriff, chief of police, or other executive officer of the law enforcement agency shall return or sell the weapon as provided in Code Section
17-5-54
, or if the weapon or device is subject to forfeiture, the procedures set forth in Chapter 16 of Title 9 shall be followed notwithstanding the time frames set forth in Code Section
9-16-7
. A state attorney seeking forfeiture under this Code section shall commence civil forfeiture proceedings within 60 days of the entry of a final judgment as contemplated by this Code section; the remaining provisions of Chapter 16 of Title 9 shall be applicable.
Amended by 2015 Ga. Laws 98,§ 3-15, eff. 7/1/2015.
Amended by 2012 Ga. Laws 764,§ 3, eff. 5/3/2012.
Amended by 2008 Ga. Laws 497,§ 1, eff. 5/12/2008.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 3 - DISPOSITION OF PROPERTY SEIZED (§§ 17-5-50 — 17-5-56) › Section 17-5-52.1 - [Repealed] Disposal of forfeited or abandoned firearms; innocent owners; auctions; record keeping; liability of government entities

Repealed by 2015 Ga. Laws 98,§ 3-16, eff. 7/1/2015.
Amended by 2015 Ga. Laws 100,§ 10, eff. 5/6/2015.
Amended by 2015 Ga. Laws 9,§ 17, eff. 3/13/2015.
Added by 2012 Ga. Laws 764,§ 4, eff. 5/3/2012.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 3 - DISPOSITION OF PROPERTY SEIZED (§§ 17-5-50 — 17-5-56) › Section 17-5-53 - Disposition of devices with historical or instructional value

(a)
After a forfeiture of a device used in a crime, in the event the director of the Division of Archives and History or the commissioner of public safety, in that order or priority, shall desire to receive and retain a device described in Code Section
17-5-51
for historical or instructional purposes of his or her division or department and gives written notice thereof to the sheriff, either prior to the sheriff's advertisement of the device for sale or within ten days thereafter, the sheriff shall forthwith deliver the device to the requesting division or department which shall retain the device for such purposes. A device delivered to either the division or the department in accordance with this Code section shall become the property of the state.
(b)
This Code section shall prevail over Code Section
17-5-52
.
Amended by 2002 Ga. Laws 749, § 5, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 3 - DISPOSITION OF PROPERTY SEIZED (§§ 17-5-50 — 17-5-56) › Section 17-5-56 - Maintenance of physical evidence containing biological material

(a)
Except as otherwise provided in Code Section
17-5-55
, on or after May 27, 2003, governmental entities in possession of any physical evidence in a criminal case, including, but not limited to, a law enforcement agency or a prosecuting attorney, shall maintain any physical evidence collected at the time of the crime that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of the crime as provided in this Code section. Biological samples collected directly from any person for use as reference materials for testing or collected for the purpose of drug or alcohol testing shall not be preserved.
(b)
In a case in which the death penalty is imposed, the evidence shall be maintained until the sentence in the case has been carried out. Evidence in all felony cases that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of the crime shall be maintained for the period of time that the crime remains unsolved or until the sentence in the case is completed, whichever occurs last.
Amended by 2011 Ga. Laws 67,§ 1-3, eff. 5/11/2011.
Amended by 2008 Ga. Laws 539,§ 2, eff. 5/12/2008.
Added by 2003 Ga. Laws 37, § 3, eff. 5/27/2003.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 4 - EVIDENCE OF SEXUAL ASSUALT (§§ 17-5-70 — 17-5-74) › Section 17-5-70 - Definitions

As used in this article, the term:
(1)
"Forensic medical examination" means an examination by a health care provider of a person who is a victim of a sexual assault. Such examination shall include a physical examination, documentation of biological and physical findings, and collection of physical evidence from the victim.
(2)
"Investigating law enforcement agency" means the law enforcement agency responsible for the investigation of the alleged sexual assault.
(3)
"Sexual assault" means rape, sodomy, aggravated sodomy, statutory rape, child molestation, aggravated child molestation, sexual assault against a person in custody, sexual assault against a person detained in a hospital or other institution, sexual assault by a practitioner of psychotherapy against a patient, incest, bestiality, sexual battery, and aggravated sexual battery as those terms and offenses are set forth and defined in Chapter 6 of Title 16.
Added by 2008 Ga. Laws 539,§ 3, eff. 5/12/2008.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 4 - EVIDENCE OF SEXUAL ASSUALT (§§ 17-5-70 — 17-5-74) › Section 17-5-71 - Preservation of evidence

(a)
In cases in which the victim reports an alleged sexual assault to law enforcement, the investigating law enforcement agency shall maintain any physical evidence collected as a result of an alleged sexual assault that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of an alleged sexual assault, for 30 years from the date of arrest, or seven years from completion of sentence, whichever occurs last, and if no arrests, then for 50 years.
(b)
If the victim chooses not to report the alleged sexual assault to law enforcement at the time of evidence collection, the law enforcement agency with jurisdiction shall maintain any physical evidence collected as a result of such alleged sexual assault that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of the alleged sexual assault, for not less than 12 months from the date any such physical evidence is collected.
Amended by 2021 Ga. Laws 251,§ 3, eff. 7/1/2021.
Amended by 2019 Ga. Laws 238,§ 1, eff. 7/1/2019.
Added by 2008 Ga. Laws 539,§ 3, eff. 5/12/2008.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 4 - EVIDENCE OF SEXUAL ASSUALT (§§ 17-5-70 — 17-5-74) › Section 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.
Amended by 2011 Ga. Laws 53,§ 3, eff. 7/1/2011.
Added by 2008 Ga. Laws 539,§ 3, eff. 5/12/2008.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 5 - SEARCHES AND SEIZURES (§§ 17-5-1 — 17-5-100) › Article 4 - EVIDENCE OF SEXUAL ASSUALT (§§ 17-5-70 — 17-5-74) › Section 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.
Added by 2008 Ga. Laws 539,§ 3, eff. 5/12/2008.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 1 - GENERAL PROVISIONS (§§ 17-6-1 — 17-6-18) › Section 17-6-3 - Acceptance of recognizance bonds for military personnel

(a)
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:
(1)
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;
(2)
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;
(3)
He will not be transferred, granted leave, or discharged from the military service without 36 hours' notice to the sheriff or his deputy sheriff;
(4)
He will be delivered to the sheriff or his deputy on demand; and
(5)
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 there quired personal bond or upon the release by the sheriff, his deputy, or the appropriate court.
Signed __________________
Official title __________________