Georgia Code
Chapter 17 - Crime Victims’ Bill of Rights
§ 17-17-3. Definitions

As used in this chapter, the term:
(1.1) “Arrest” means an actual custodial restraint of a person or the person’s submission to custody and includes the taking of a child into custody.
(4.1) “Criminal justice agency” means an arresting law enforcement agency, custodial authority, investigating law enforcement agency, prosecuting attorney, or the State Board of Pardons and Paroles.
History. Code 1981, § 17-17-3 , enacted by Ga. L. 1995, p. 385, § 2; Ga. L. 1996, p. 748, § 17; Ga. L. 1997, p. 1453, § 1; Ga. L. 2010, p. 214, § 7/HB 567; Ga. L. 2013, p. 524, § 3-1/HB 78; Ga. L. 2015, p. 422, § 5-40/HB 310.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1995, “or” was added at the end of division (11)(B)(iv).
Pursuant to Code Section 28-9-5, in 2020, “of this subparagraph” was inserted in divisions (11)(B)(ii) through (11)(B)(v).
Editor’s notes.
Ga. L. 1996, p. 748, § 27, not codified by the General Assembly, provides: “Notwithstanding any other provision of law, an Act approved February 11, 1854 (Ga. L. 1854, p. 281), which abolished the office of solicitor of the City Court of Savannah, now the State Court of Chatham County, and transferred responsibility for the prosecution of criminal cases in said court to the solicitor general (now the district attorney) for the Eastern Judicial Circuit is confirmed. It shall be the duty of said district attorney to prosecute all criminal actions in said state court until otherwise specifically provided by law.”
Ga. L. 1996, p. 748, § 28, not codified by the General Assembly, provides: “The provisions of this Act shall not affect the powers, duties, or responsibilities of the district attorney as successor to the office of solicitor general under the constitution, statutes, and common law of this state as provided by Code Section 15-18-1.”
Ga. L. 1996, p. 748, § 29, not codified by the General Assembly, provides: “Except as otherwise authorized in this Act, on and after July 1, 1996, any reference in general law or in any local Act to the solicitor of a state court shall mean and shall be deemed to mean the solicitor-general of such state court.”
Ga. L. 1996, p. 748, § 30(b), not codified by the General Assembly, provides: “The provisions of paragraph (3) of Code Section 15-18-62, relating to the qualifications for the office of solicitor-general of a state court, shall apply to any person elected or appointed to such office after July 1, 1996. Any person holding such office on July 1, 1996, may continue to hold such office for the remainder of the term to which such person was elected or appointed notwithstanding the fact that such person has not been a member of the State Bar of Georgia for three years if such person is otherwise qualified to hold the office of solicitor-general.”
Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015.
Law reviews.
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).

Structure Georgia Code

Georgia Code

Title 17 - Criminal Procedure

Chapter 17 - Crime Victims’ Bill of Rights

§ 17-17-1. Declaration of Policy

§ 17-17-2. Short Title

§ 17-17-3. Definitions

§ 17-17-4. Designation of Family Member to Act in Place of Physically Disabled Victim

§ 17-17-5. Notification to Victim of Accused’s Arrest, Release, Judicial Proceedings, Escape, and Violations of Electronic Release and Monitoring Program

§ 17-17-5.1. Victim Notification From Department of Behavioral Health and Developmental Disabilities

§ 17-17-6. Notification to Victim of Accused’s Pretrial Release and of Victims’ Rights and the Availability of Victims’ Compensation and Services

§ 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

§ 17-17-8. Notification by Prosecuting Attorney of Legal Procedures and of Victim’s Rights in Relation Thereto; Victims Seeking Restitution

§ 17-17-8.1. Procedures for a Victim to Be Interviewed by an Accused or Accused’s Attorney or Agent; Duties and Conditions

§ 17-17-9. Exclusion of Testifying Victim From Criminal Proceedings; Separate Victims’ Waiting Areas

§ 17-17-9.1. Communications Between Victim Assistance Personnel and Victims Privileged

§ 17-17-10. Requirement by Court That Defense Counsel Not Disclose Victim Information to Accused

§ 17-17-11. Right of Victim to Express Opinion on Disposition of Accused’s Case

§ 17-17-12. Notification to Victim of Accused’s Motion for New Trial or Appeal, Release on Bail or Recognizance, Appellate Proceedings, and Outcome of Appeal; Notifications Regarding Death Penalty Cases; Victim’s Rights Retained at New Trial or on Ap...

§ 17-17-12.1. Requests to Prevent an Accused From Sending Any Form of Written, Text, or Electronic Communication to the Victim’s Family, or the Victim

§ 17-17-13. Notification to Victim of Impending Parole, Release for Period Exceeding 60 Days, or Pardon; Notice of Hearing on Request to Commute Death Sentence

§ 17-17-14. Victim Required to Provide Current Address and Phone Number to Notifying Parties

§ 17-17-15. Failure to Provide Notice Not Rendering Responsible Person Liable or Comprising Basis for Error; Chapter Not Conferring Standing Upon Victim to Participate as Party in Criminal Proceeding; Existing Rights Not Affected; Waiver of Rights by...

§ 17-17-16. Temporary Restraining and Protective Orders