Georgia Code
Article 1 - General Provisions
§ 17-6-12. Unsecured Judicial Release; Requirement; Effect of Failure of Person Charged to Appear for Trial

(viii.1) Burglary;
History. Ga. L. 1969, p. 72, §§ 1, 2; Ga. L. 2010, p. 226, § 2/HB 889; Ga. L. 2011, p. 752, § 17/HB 142; Ga. L. 2017, p. 417, § 2-1/SB 104; Ga. L. 2018, p. 550, § 2-5/SB 407; Ga. L. 2018, p. 1112, § 17/SB 365; Ga. L. 2020, p. 570, § 1-1/SB 402; Ga. L. 2021, p. 461, § 2/SB 174.
The 2018 amendments. —
The first 2018 amendment, effective July 1, 2018, in subsection (b), inserted “as provided for in Article 4 of Chapter 3 of Title 42” near the middle, deleted “or Article 5 of Chapter 8 of Title 42,” following “Title 15,”, and inserted “, or other judge sitting by designation under the express written authority of such elected judge,” near the end; and, in subsection (d), deleted “only” following “recognizance”, inserted “absent a finding of sufficient excuse to appear,”, and substituted “shall” for “may” near the middle. The second 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, substituted “Article 4 of Chapter 3 of Title 42” for “Article 5 of Chapter 8 of Title 42” in the middle of subsection (b).
The 2020 amendment, effective January 1, 2021, added a colon to the end of the introductory clause in subsection (a); in paragraph (a)(1), substituted “(1) ‘Bail’ ” for “ ‘bail’ ”; rewrote subparagraph (a)(1)(A), which read: “Aggravated assault”; redesignated former paragraph (a)(2) as present subparagraph (a)(1)(B) and former subparagraphs (a)(2)(A) through (a)(2)(P) as present subdivisions (a)(1)(B)(i) through (a)(1)(B)(xvi), respectively; added paragraph (a)(2); added subsection (b); redesignated former subsections (b) through (d) as present subsections (c) through (e), respectively; in subsection (c), substituted “an unsecured judicial release” for “his or her own recognizance” and deleted “, unless an elected magistrate, elected state or superior court judge, or other judge sitting by designation under the express written authority of such elected judge, enters a written order to the contrary specifying the reasons why such person should be released upon his or her own recognizance.” following “Rule 27” at the end; in subsection (d), substituted “subsection (c)” for “subsection (b)” and substituted “on an unsecured judicial release” for “upon his or her own recognizance”; and substituted “an unsecured judicial release” for “upon his or her own recognizance” in subsection (e).
The 2021 amendment, effective May 4, 2021, deleted “or” at the end of division (a)(1)(A)(vii); added division (a)(1)(B)(viii.1); deleted “or” at the end of division (a)(1)(B)(xv); inserted a semicolon at the end of division (a)(1)(B)(xvi); added divisions (a)(1)(B)(xvii), (a)(1)(B)(xviii), and subparagraph (a)(1)(C); substituted the present provisions of paragraph (a)(2) for the former provisions, which read: “‘Unsecured judicial release’ means any release on a person’s own recognizance that does not purport a dollar amount through secured means as provided for in Code Section 17-6-4 or 17-6-50 or property as approved by the sheriff in the county where the offense was committed.”; in subsection (b), inserted “, an appointed judge filling the vacancy of an elected judge,” near the beginning, and deleted “as provided for in subsection (c) or (d) of this Code section” following “designation” in the middle; substituted “The” for “Except as provided for in subsection (c) of this Code section, the” at the beginning of paragraph (b)(2); deleted former subsection (c), which read: “A person charged with a bail restricted offense shall not be released on bail on an unsecured judicial release for the purpose of entering a pretrial release program, a pretrial release and diversion program as provided for in Article 4 of Chapter 3 of Title 42, or a pretrial intervention and diversion program as provided for in Article 4 of Chapter 18 of Title 15, or pursuant to Uniform Superior Court Rule 27.”; and redesignated former subsections (d) and (e) as present subsections (c) and (d), respectively.
Code Commission notes.
Ga. L. 2018, p. 1112, § 54(e)/SB 365, not codified by the General Assembly, provides: “In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2018 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict.” Accordingly, the amendment to this Code section by Ga. L. 2018, p. 1112, § 17/SB 365, was not given effect.
Editor’s notes.
Ga. L. 2011, p. 752, § 17(1)/HB 142, which amended this Code section, purported to amend subparagraph (a)(1)(C) but actually amended subparagraph (a)(2)(C).
Law reviews.
For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 61 (2017).
For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).
For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 45 (2018).
For article, “SB 174: Revising Georgia’s List of Bail Restricted Offenses,” see 38 Ga. St. U.L. Rev. 41 (2021).