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Chapter 1 - General Provisions
§ 17-1-1. Filing and Service of Pleadings, Motions, and Other Papers - Click to view Certificate of Service I do certify that...
§ 17-1-2. Maintenance of Penal Actions - A “penal action” is an action allowed in pursuance of...
§ 17-1-3. Effect of Mistake or Misprision of Clerk or Other Ministerial Officer - The mistake or misprision of a clerk or other ministerial...
§ 17-1-4. Vacation of Judgments, Verdicts, Rules, or Orders Obtained by Perjury - Any judgment, verdict, rule, or order of court which may...
Chapter 2 - Jurisdiction and Venue
§ 17-2-1. Jurisdiction Over Crimes and Persons Charged With Commission of Crimes Generally - History. Code 1933, § 26-301, enacted by Ga. L. 1968,...
§ 17-2-2. Venue Generally - History. Laws 1833, Cobb’s 1851 Digest, p. 840.; Ga. L....
§ 17-2-3. Jurisdiction and Venue as to Crimes Committed on Boundary Lines Between This State and Other States - This state claims jurisdiction of an offense committed on any...
§ 17-2-4. Defendant Arrested, Held, or Present in County Other Than That in Which Indictment or Accusation Is Pending - History. Code 1981, § 17-2-4 , enacted by Ga. L....
Chapter 3 - Limitations on Prosecution
§ 17-3-1. Generally - provided, however, that a sufficient portion of the physical evidence...
§ 17-3-2. Periods Excluded - The period within which a prosecution must be commenced under...
§ 17-3-2.1. Exclusions for Certain Offenses Involving a Victim Under 16 Years of Age - is under 16 years of age on the date of...
§ 17-3-2.2. Statute of Limitations - In addition to any periods excluded pursuant to Code Section...
§ 17-3-3. Other Exclusions - If an indictment is found within the time provided for...
Chapter 4 - Arrest of Persons
Article 1 - General Provisions
§ 17-4-1. Actions Constituting an Arrest - An actual touching of a person with a hand is...
§ 17-4-2. Privilege From Arrest of Active Duty Military Personnel - The members of the organized militia or military forces shall...
§ 17-4-3. Right of Forcible Entry Into Private Dwellings Pursuant to Execution of Arrest Warrant - In order to arrest under a warrant charging a crime,...
Article 2 - Arrest by Law Enforcement Officers Generally
§ 17-4-20. Authorization of Arrests With and Without Warrants Generally; Use of Deadly Force; Adoption or Promulgation of Conflicting Regulations, Policies, Ordinances, and Resolutions; Authority of Nuclear Power Facility Security Officer - History. Orig. Code 1863, § 4603; Code 1868, § 4626;...
§ 17-4-20.1. Investigation of Family Violence; “Predominant Aggressor” Defined; Preparation of Written Report; Review of Report by Defendant Arrested for Family Violence; Compilation of Statistics - History. Code 1981, § 17-4-20.1 , enacted by Ga. L....
§ 17-4-20.2. Bias Crime Report; Requirements; Use of Reports; Publication - History. Code 1981, § 17-4-20.2 , enacted by Ga. L....
§ 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...
§ 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...
§ 17-4-23. Procedure for Arrests by Citation for Motor Vehicle Violations; Issuance of Warrants for Arrest for Failure of Persons Charged to Appear in Court; Bond - History. Ga. L. 1969, p. 759, § 1; Ga. L....
§ 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...
§ 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 - History. Orig. Code 1863, § 4607; Ga. L. 1865-66, p....
§ 17-4-25.1. Transport of Arrested Person to Jurisdiction in Which Offense Committed; Transport of Prisoner Outside County or Municipality - History. Code 1981, § 17-4-25.1 , enacted by Ga. L....
§ 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...
§ 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...
§ 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...
§ 17-4-29. Collecting or Receiving Costs or Other Charges of Prosecutor or Defendant by Arresting Officer Before Warrant Returned - History. Ga. L. 1897, p. 98, § 2; Penal Code...
§ 17-4-30. Arrest of Hearing Impaired Persons - In the event a hearing impaired person is arrested for...
Article 3 - Warrants for Arrest
§ 17-4-40. Persons Who May Issue Warrants for Arrest of Offenders Against Penal Laws; Warrants Requested by Others; Persons Who May Issue Warrants for Arrest of Peace or Law Enforcement Officers, Dfcs Case Managers, or School Teachers or Administrato... - In the event that the judge or officer finds such...
§ 17-4-41. Contents of Affidavits Made or Warrants Issued for Arrest of Penal Offenders - History. Ga. L. 1865-66, p. 235, § 1; Code 1868,...
§ 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...
§ 17-4-43. Requirement by Judicial Officer of Bond to Prosecute - The judicial officer issuing a warrant for arrest upon any...
§ 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,...
§ 17-4-45. Form of Affidavit for Arrest Warrant - An affidavit for an arrest warrant substantially complying with the...
§ 17-4-46. Form of Warrant for Arrest - An arrest warrant substantially complying with the following form shall...
§ 17-4-47. Issuance of Warrants by Video Conference; Testimony; Initial Bond Hearings; Oaths - History. Code 1981, § 17-4-47 , enacted by Ga. L....
Article 5 - Detention by Private Individuals
§ 17-4-80. Limited Detention by Certain Private Individuals for Certain Offenses; Definitions; Involvement of Law Enforcement; Defenses; Limited Use of Force - History. Code 1981, § 17-4-80 , enacted by Ga. L....
Chapter 5 - Searches and Seizures
Article 1 - Searches Without Warrants
§ 17-5-1. Search Pursuant to Lawful Arrest Authorized - History. Ga. L. 1966, p. 567, § 1. Law reviews....
§ 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...
Article 2 - Searches With Warrants
§ 17-5-20. Requirements for Issuance of Search Warrant Generally - History. Ga. L. 1966, p. 567, § 14; Ga. L....
§ 17-5-21. Grounds for Issuance of Search Warrant; Scope of Search Pursuant to Search Warrant; Issuance by Retired Judge or Judge Emeritus - History. Ga. L. 1966, p. 567, § 3; Ga. L....
§ 17-5-21.1. Issuance of Search Warrants by Video Conference - History. Code 1981, § 17-5-21.1 , enacted by Ga. L....
§ 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...
§ 17-5-23. Command of Search Warrant - The search warrant shall command the officer directed to execute...
§ 17-5-24. Officers Authorized to Execute Search Warrants - The search warrant shall be issued in duplicate and shall...
§ 17-5-25. Execution of Search Warrant Generally - The search warrant shall be executed within ten days from...
§ 17-5-26. When Search Warrant May Be Executed - The search warrant may be executed at any reasonable time....
§ 17-5-27. Use of Force in Execution of Search Warrant - All necessary and reasonable force may be used to effect...
§ 17-5-28. Detention and Search of Persons on Premises - In the execution of the search warrant the officer executing...
§ 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...
§ 17-5-30. Motion to Suppress Evidence Illegally Seized Generally - History. Ga. L. 1966, p. 567, § 13. Cross references....
§ 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...
§ 17-5-32. Search and Seizure of Documentary Evidence in Possession of Attorney; Exclusion of Illegally Obtained Evidence - History. Code 1981, § 17-5-32 , enacted by Ga. L....
Article 3 - Disposition of Property Seized
§ 17-5-50. Property Unlawfully Obtained; Rights of Owner; Hearing; Admissibility of Photographs in Lieu of Original Property; Representation of Unknown or Absent Defendants; Statements Made by Defendant or Agent at Trial - History. Orig. Code 1863, § 4637; Code 1868, § 4661;...
§ 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...
§ 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...
§ 17-5-53. Disposition of Devices With Historical or Instructional Value - History. Ga. L. 1976, p. 749, § 4; Ga. L....
§ 17-5-54. Definitions; Disposition of Personal Property in Custody of Law Enforcement Agency - History. Code 1981, § 17-5-54 , enacted by Ga. L....
§ 17-5-55. Designation of Custodian for Introduced Evidence; Evidence Log; Storage, Maintenance, and Disposal of Evidence - History. Code 1981, § 17-5-55 , enacted by Ga. L....
§ 17-5-56. Maintenance of Physical Evidence Containing Biological Material - History. Code 1981, § 17-5-56 , enacted by Ga. L....
Article 4 - Investigating Sexual Assault
§ 17-5-70. Definitions - As used in this article, the term: History. Code 1981,...
§ 17-5-71. Preservation of Evidence - History. Code 1981, § 17-5-71 , enacted by Ga. L....
§ 17-5-72. Right to Free Forensic Medical Examination - A victim shall have the right to have a forensic...
§ 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...
§ 17-5-74. Unreported Sexual Assault Kits; Definitions; State-Wide Tracking System; Requirements; Implementation; Reporting; Jurisdiction; Liability; Regulatory Authority - History. Code 1981, § 17-5-74 , enacted by Ga. L....
Article 5 - Immigrants
§ 17-5-100. Investigation of Illegal Alien Status - History. Code 1981, § 17-5-100 , enacted by Ga. L....
Chapter 6 - Bonds and Recognizances
§ 17-6-1. [Effective Until July 1, 2023. See note.] When Offenses Bailable; Procedure; Schedule of Bails; Appeal Bonds - (5.1) Home invasion in the first degree; History. Orig. Code...
§ 17-6-1. [Effective July 1, 2023. See note.] When Offenses Bailable; Procedure; Schedule of Bails; Appeal Bonds - (5.1) Home invasion in the first degree; History. Orig. Code...
§ 17-6-1.1. Electronic Pretrial Release and Monitoring Program for Defendants; Requirements; Procedures; Fees - History. Code 1981, § 17-6-1.1 , enacted by Ga. L....
§ 17-6-2. Acceptance of Bail in Misdemeanor Cases; Posting Driver’s License as Collateral for Bail - History. Ga. L. 1921, p. 241, § 1; Code 1933,...
§ 17-6-3. Acceptance of Recognizance Bonds for Military Personnel - Click to view In consideration of the release of (name...
§ 17-6-4. Authorization of Posting of Cash Bonds Generally; Furnishing of Receipt to Person Posting Bond; Recordation of Receipt of Bond on Docket; Disposal of Unclaimed Bonds - History. Ga. L. 1969, p. 41, §§ 1, 2; Ga....
§ 17-6-5. Acceptance of Cash Bonds for Certain Offenses; Authorization - Any sheriff, deputy sheriff, county peace officer, or other county...
§ 17-6-6. Clerk of Court or Judge to Provide Cash Receipt Book; Furnishing of Copies of Receipt; Disposition of Original Receipt and Bond - Other laws to the contrary notwithstanding, when an order is...
§ 17-6-7. Liability of Arresting Officer for Failure to Account for Cash Receipts and Bonds - All receipts issued to arresting officers and all cash bonds...
§ 17-6-8. Proceedings Upon Failure of Person Arrested to Appear; Forfeiture of Bond Not a Bar to Subsequent Prosecution - If any person arrested for a misdemeanor arising out of...
§ 17-6-9. Acceptance of Cash Bonds in Lieu of Statutory Bond or Recognizance by Officers or Officials Authorized to Enforce “Comprehensive Litter Prevention and Abatement Act of 2006.” - Any law enforcement officer or official of a political subdivision...
§ 17-6-10. Acceptance of Cash Bonds for Violations of Ordinances or Other Offenses Against Municipalities; Issuance of Receipt; Designated Officials; Effect of Failure to Appear in Court; Applicability to Municipalities Having Similar Provisions - History. Ga. L. 1952, p. 182, §§ 1-4, 4A.
§ 17-6-11. Display of Driver’s License for Violation of Certain Traffic Related Laws; Notice of Failure to Appear; Suspension of License; Arrest; Seizure of License - (b.1) It shall be the duty of a law enforcement...
§ 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,...
§ 17-6-13. First Bail for Offense Permitted as Matter of Right; Subsequent Bails to Be in Discretion of Court - Except as otherwise provided in this chapter, each person who...
§ 17-6-14. Use of Bail Bond Posted for Preliminary Hearing for Trial Appearance; Applicability to Federal Proceedings; Proceedings in County Other Than Where Commitment Hearing Held; Effect Where Bail Bond Required Is Less Than Bond Originally Posted - History. Ga. L. 1971, p. 407, §§ 1, 2. Law...
§ 17-6-15. Necessity for Commitment Where Bail Tendered and Accepted; Opportunity for Bail; Receipt of Bail After Commitment and Imprisonment; Imprisonment of Person Who Offers Bond for Amount of Bail Set; Effect Upon Common-Law Authority of Court - History. Orig. Code 1863, § 4620; Code 1868, § 4644;...
§ 17-6-16. Entry of Memorandum on Warrant After Waiver of Commitment Hearing and Tender of Bail - If the accused person waives a commitment hearing and tenders...
§ 17-6-17. Bond or Recognizance to Be Conditioned on Appearance of Person Accused of Crime at Arraignment; Proceedings Upon Failure of Accused to Appear - In addition to all other requirements prescribed for appearance bonds...
§ 17-6-18. Amendment of Bonds and Giving of New Security - All bonds taken under requisition of law in the course...
Article 2 - Sureties
Part 1 - General Provisions
§ 17-6-30. Fees of Sureties - History. Ga. L. 1921, p. 243, §§ 1, 8; Code...
§ 17-6-31. Surrender of Principal by Surety; Forfeiture of Bond; Death of Principal - History. Orig. Code 1863, § 4624; Code 1868, § 4648;...
Part 2 - Professional Bondsmen
§ 17-6-50. Persons Deemed Professional Bondsmen; Criminal Background Investigation Information to Be Provided to Clerk of Court - History. Ga. L. 1921, p. 243, § 5; Code 1933,...
§ 17-6-50.1. Continuing Education Programs for Professional Bondsmen; Fee; Annual Requirement; Certificate of Completion - History. Code 1981, § 17-6-50.1 , enacted by Ga. L....
§ 17-6-51. Suggesting Employment of Attorneys During Negotiations Regarding Signing of Bond or Any Time Subsequent Thereto - Professional bondsmen, their agents, or representatives shall not suggest or...
§ 17-6-52. Soliciting Business or Loitering Around Jails or Courts to Solicit Business; Giving of Advice by Law Enforcement Officers as to Services of Professional Bondsmen - Professional bondsmen, their agents, or employees shall not solicit business...
§ 17-6-53. Giving Advice or Directions to Defendants Who Are Principals in Bonds Regarding Defense or Disposition of Cases - Professional bondsmen, their agents, or employees shall not advise defendants...
§ 17-6-54. No Further Compensation After Becoming Surety; When Sum Received to Be Returned to Defendant; Right to Surrender Defendant and to Keep Sum Paid When Defendant Forfeits - History. Ga. L. 1921, p. 243, §§ 6, 7; Code...
§ 17-6-55. Penalty for Violation of Part - Any person who violates any Code section in this part...
§ 17-6-56. Bail Recovery Agents; Requirements; Registration - History. Code 1981, § 17-6-56 , enacted by Ga. L....
§ 17-6-56.1. Continuing Education Programs for Bail Recovery Agents; Fee; Annual Requirement; Certificate of Completion - History. Code 1981, § 17-6-56.1 , enacted by Ga. L....
§ 17-6-57. Bail Recovery Agents; Notification to Local Police; Out-of-State Agents; Identification Card - History. Code 1981, § 17-6-57 , enacted by Ga. L....
§ 17-6-58. Penalty for Violation; Liability - History. Code 1981, § 17-6-58 , enacted by Ga. L....
Article 3 - Proceedings for Forfeiture of Bonds or Recognizances
§ 17-6-70. When Forfeiture Occurs - History. Laws 1831, Cobb’s 1851 Digest, p. 861; Code 1863,...
§ 17-6-71. Execution Hearing on Failure of Principal to Appear - History. Laws 1831, Cobb’s 1851 Digest, p. 862; Code 1863,...
§ 17-6-72. Conditions Not Warranting Forfeiture of Bond for Failure to Appear; Remission of Forfeiture - (c.1) No judgment shall be rendered on a forfeiture of...
§ 17-6-73. Address of Principal and Surety on Bond or Recognizance - Every bond or recognizance given to secure the appearance of...
Article 4 - Bonds for Good Behavior and to Keep the Peace
Part 1 - Bonds for Good Behavior
§ 17-6-90. Issuance of Notice to Appear for Show Cause Hearing; Requirement of Bond; Hearing; Payment of Court Costs by Affiant; Issuance of Order of Arrest - History. Orig. Code 1863, § 4627; Code 1868, § 4651;...
§ 17-6-91. Extension of Bond by Court; Right of Sureties to Surrender Principal - A bond for good behavior posted pursuant to Code Section...
§ 17-6-92. Violation of Bond; Contempt of Court - Upon oral or written complaint by the injured party or...
Part 2 - Bonds to Keep the Peace
§ 17-6-110. Issuance of Warrant; Requirement of Bond; Hearing; Payment of Costs by Affiant - History. Laws 1850, Cobb’s 1851 Digest, p. 865; Code 1863,...
§ 17-6-111. Right of Person to Require Bond Against Spouse - A person may require a bond to keep the peace...
§ 17-6-112. Actions Constituting Violations of Bond; Right of Action for Breach of Bond Generally; Imposition of Additional Penalty for Contempt of Court; Finding of Prosecuting Witness in Contempt - History. Orig. Code 1863, § 4631; Code 1868, § 4655;...
§ 17-6-113. Effect of Provoking Breach of Bond - If the person who required the bond provokes a violation...
§ 17-6-114. Discharge or Extension of Bond by Court - The superior or state court, as the case may be,...
Chapter 7 - Pretrial Proceedings
§ 17-7-1. Jailing of Prisoners Where No Jail in County or When Deemed Necessary by Sheriff; Fees and Costs; Authority to Levy and Collect Tax - When there is no secure jail in a county or...
§ 17-7-2. When Sheriff Not Required to Receive Prisoner From Another County - The sheriff shall not be bound to receive a prisoner...
§ 17-7-3. List of Children in Detention Pending Trial Provided to Chief Judge and Prosecuting Attorney - The official in charge of any facility in which a...
Article 2 - Commitment Hearings
§ 17-7-20. Persons Who May Hold Courts of Inquiry - Any judge of a superior or state court, judge of...
§ 17-7-21. Holding of Court of Inquiry by Several Judicial Officers; Procedure for Deciding Questions - The judicial officer before whom the accused is brought may...
§ 17-7-22. Powers of Presiding Officer in Court of a Municipal Corporation to Bind Over or Commit Criminal Offenders to Jail - Any mayor, recorder, or other proper officer presiding in any...
§ 17-7-23. Duties of Court of Inquiry; Preclusion of Certain Courts From Trying Charges Involving Code Section 16-11-126 - History. Orig. Code 1863, § 4618; Code 1868, § 4640;...
§ 17-7-24. Time Granted Parties to Prepare Case and to Secure Counsel; Granting of Bail Where Hearing Delayed - A reasonable time shall be given to the defendant and...
§ 17-7-25. Power of Court to Compel Attendance of Witnesses - A court of inquiry shall have the same power to...
§ 17-7-26. Authority to Require Bonds to Secure Appearance of Witnesses - In the event of a commitment of the accused person,...
§ 17-7-27. Sheriffs and Constables to Accept Bond for Appearance of Witnesses; Approval of Sureties by Sheriff - The sheriffs and constables shall accept bond in such reasonable...
§ 17-7-28. Hearing of Evidence by Court of Inquiry; Right of Accused to Testify; Application of Rules of Evidence; Effect of Failure of Accused to Testify - The court of inquiry shall hear all legal evidence submitted...
§ 17-7-29. Commitment of Defendant for Different Offense Than Stated in Warrant - A court of inquiry may commit the defendant for a...
§ 17-7-30. Form of Commitment - The following form, or one in substance the same, shall...
§ 17-7-31. Endorsement of Names of State’s Witnesses on Warrant - Whenever any judicial officer sitting as a court of inquiry...
§ 17-7-32. Disposition of Commitment Form, Warrant, and Other Papers; Delivery of Accused to Person in Charge of Jail - History. Orig. Code 1863, § 4623; Code 1868, § 4647;...
§ 17-7-34. Effect of Informality in Commitment or Prior Proceedings - No defendant shall be discharged on a writ of habeas...
Article 3 - Indictments
§ 17-7-50. Right to Grand Jury Hearing Within 90 Days Where Bail Refused; Right to Have Bail Set Absent Hearing Within 90 Day Period - Any person who is arrested for a crime and who...
§ 17-7-50.1. Time for Presentment of Child’s Case to a Grand Jury; Exception - History. Code 1981, § 17-7-50.1 , enacted by Ga. L....
§ 17-7-51. Special Presentments Treated as Indictments; Entry Upon Minutes; Prosecutions Upon Special Presentments - All special presentments by the grand jury charging defendants with...
§ 17-7-52. Procedure for Indictment or Special Presentment of Peace Officer for Crime in Performance of Duties; Notification; Rights of Officer - History. Ga. L. 1975, p. 607, § 1; Ga. L....
§ 17-7-53. Operation of Two Returns of “No Bill” on Charge as Bar to Future Prosecution for Same Charge - Two returns of “no bill” by grand juries on the...
§ 17-7-53.1. Quashing of Second Grand Jury Indictment or Presentment Bars Further Prosecution - If, upon the return of two “true bills” of indictments...
§ 17-7-54. Form of Indictment by Grand Jury - Georgia, _______________ County. The grand jurors selected, chosen, and sworn...
§ 17-7-55. Empaneling Concurrent Grand Juries - In any term of court when the public interest requires...
Article 4 - Accusations
§ 17-7-70. Trial Upon Accusations of Felony and Misdemeanor Cases in Which Guilty Plea Entered and Indictment Waived - Judges of the superior court may open their courts at...
§ 17-7-70.1. Trial Upon Accusations in Certain Felony and Misdemeanor Cases; Trial Upon Plea of Guilty or Nolo Contendere - History. Code 1981, § 17-7-70.1 , enacted by Ga. L....
§ 17-7-71. Trials of Misdemeanors; Trial of Misdemeanor Motor Vehicle Violations; Form and Contents of Accusations; Amendment of Accusation; Service of Amendment Upon Defendant; Continuances - Click to view Click to view IN THE COURT OF...
§ 17-7-72. Jurisdiction of Probate Courts to Try Certain Drug and Alcohol Offenses - In probate courts which have jurisdiction over misdemeanor possession of...
§ 17-7-73. Trial of Litter Offenses Upon Summons or Citation Without Accusation - In probate, magistrate, and municipal courts that have jurisdiction over...
Article 5 - Arraignment and Pleas Generally
§ 17-7-90. Issuance of Bench Warrant; Execution; Receiving Bail, Fixing Bond, and Approving Sureties - History. Orig. Code 1863, § 4608; Code 1868, § 4630;...
§ 17-7-91. Date of Arraignment; Notice; Service of Notice and Fee Therefor; Notice to Surety on Bond; Arraignment; Receipt and Entering of Plea; Establishment of Time for Trial; Effect of Appearance and Plea on Notice Requirement - History. Code 1933, § 27-1401, enacted by Ga. L. 1966,...
§ 17-7-92. Service of Notice of Filing of Indictment, Special Presentment, or Accusation Against Corporation; Return of Service; Failure of Corporation to Appear or Enter Plea; Judgment and Execution Against Corporate Property - Whenever an indictment, special presentment, or accusation against a corporation...
§ 17-7-93. Reading of Indictment or Accusation; Answer of Accused to Charge; Recordation of “Guilty” Plea and Pronouncement of Judgment; Withdrawn Guilty Pleas; Pleas by Immigrants - History. Laws 1833, Cobb’s 1851 Digest, p. 834; Code 1863,...
§ 17-7-94. Recordation and Effect of Plea of “Not Guilty” or of Standing Mute - If the person accused of committing a crime, upon being...
§ 17-7-95. Plea of Nolo Contendere in Noncapital Felony Cases; Imposition of Sentence; Use of Plea in Other Proceedings; Use of Plea to Effect Civil Disqualifications; Imposition of Sentence Upon Plea Deemed Jeopardy - History. Ga. L. 1946, p. 142, §§ 1-3; Ga. L....
§ 17-7-96. Prosecuting Officer to Enter Arraignment and Plea on Indictment or Accusation - The arraignment and plea of the person accused of committing...
§ 17-7-97. Proceedings Upon Failure of Clerk to Record Arraignment and Plea; Effect of Proceedings - If the clerk of the court shall fail or neglect...
Article 6 - Demurrers, Motions, and Special Pleas and Exceptions
§ 17-7-110. Time for Filing Pretrial Motions - All pretrial motions, including demurrers and special pleas, shall be...
§ 17-7-111. Demurrers and Special Pleas to Be in Writing; Right to Plead “Not Guilty” if Demurrer or Plea Denied - If the defendant, upon being arraigned, demurs to the indictment,...
§ 17-7-112. Plea of Misnomer - A plea of misnomer should state the true name of...
§ 17-7-113. Time for Making Exception to Form of Indictment or Accusation - All exceptions which go merely to the form of an...
Part 2 - Insanity and Mental Incompetency
§ 17-7-129. Mental Capacity to Stand Trial; Release of Competency Evaluation to Prosecuting Attorney - History. Code 1981, § 17-7-129 , enacted by Ga. L....
§ 17-7-130. Proceedings Upon Plea of Mental Incompetency to Stand Trial - History. Orig. Code 1863, § 4195; Code 1868, § 4234;...
§ 17-7-130.1. Evidence as to Defendant’s Sanity at Time of Offense; Examination and Testimony by Psychiatrist or Psychologist - At the trial of a criminal case in which the...
§ 17-7-131. Proceedings Upon Plea of Insanity or Mental Incompetency at Time of Crime - (2.1) A plea of not guilty by reason of insanity...
Part 3 - Change of Venue
§ 17-7-150. Procedures for Change of Venue; Transfer of Case; Appeal From Denial of Change of Venue - Upon the hearing of the motion, it shall not be...
§ 17-7-151. Transfer Upon Change of Venue of Evidence, List of Witnesses, and Papers; Issuance of Subpoenas to Witnesses and Others by Clerk of Court Selected to Try Case - Whenever a change of venue is made, the clerk of...
§ 17-7-152. Subsequent Changes of Venue - If, on motion, the judge presiding in the court to...
Article 7 - Demand for Trial; Announcement of Readiness for Trial
§ 17-7-170. Demand for Speedy Trial; Service; Discharge and Acquittal for Lack of Prosecution; Expiration; Reversal on Direct Appeal; Mistrial and Retrial; Special Pleas of Incompetency - History. Ga. L. 1859, p. 60, § 1; Code 1863,...
§ 17-7-171. Time for Demand for Speedy Trial in Capital Cases; Discharge and Acquittal When No Trial Held Before End of Two Court Terms of Demand; Counting of Terms in Cases in Which Death Penalty Is Sought; Special Pleas of Incompetency - History. Ga. L. 1952, p. 299, §§ 1, 2; Ga....
§ 17-7-172. Requirement of Announcement by State of Readiness for Trial Prior to Announcement by Defendant; Speedy Trial - The state shall be required in every case to announce...
Article 8 - Procedure for Securing Attendance of Witnesses at Grand Jury or Trial Proceedings
§ 17-7-190. Subpoena of Material Witnesses for State for Appearance Before Grand Jury; Furnishing of Prosecuting Officers With List of Persons Subpoenaed - When any person accused of a criminal offense before a...
§ 17-7-191. Subpoena Process for Witnesses of Defendant; When Subpoenas May Be Extended to Witnesses Outside of County - The defendant may, upon application to the committing judicial officer...
§ 17-7-192. Continuance for Nonattendance of Witnesses Not Subpoenaed by Defendant - A defendant who fails to use the subpoena power provided...
Chapter 8 - Trial
§ 17-8-1. Cases to Be Called in Order in Which They Stand on Docket; Exceptions; Preferred Scheduling When Alleged Victim Is Disabled Adult or Elder Person - History. Ga. L. 1862-63, p. 139, § 1; Code 1863,...
§ 17-8-2. Indictments and Special Presentments to Be Presented to Jury; Exception for Settlements Between Prosecutor and Defendant Which Are Approved by Court - All indictments or special presentments shall be submitted to and...
§ 17-8-3. Entry of Nolle Prosequi - After an examination of the case in open court and...
§ 17-8-4. Procedure for Trial of Jointly Indicted Defendants; Right of Defendants to Testify for or Against One Another; Order of Separate Trials; Acquittal or Conviction Where Offense Requires Joint Action or Concurrence; Number of Strikes Allowed D... - History. Laws 1836, Cobb’s Digest, p. 841; Ga. L. 1855-56,...
§ 17-8-5. Recordation of Testimony in Felony Cases; Entering Testimony on Minutes of Court Where Guilty Verdict Found; Preparation of Transcript Where Death Sentence Imposed; Preparation of Transcript Where Mistrial Results in Felony Case - History. Laws 1833, Cobb’s 1851 Digest, p. 841; Code 1863,...
§ 17-8-6. Authority of Municipal Court to Seal Criminal Records - History. Ga. L. 1980, p. 1683, § 1.
Article 2 - Continuances
§ 17-8-20. Showing of Due Diligence Required of Applicants for Continuances Generally - In all cases, the party making an application for a...
§ 17-8-21. When Showing for Continuance Required of State - In all cases in which the defendant cannot, according to...
§ 17-8-22. Consideration of Motion for Continuance by Court Generally; Allowance of Counter-Showing to Motion - All applications for continuances are addressed to the sound legal...
§ 17-8-23. Absence of Party as Grounds for Granting Continuance - If either party is providentially prevented from attending the trial...
§ 17-8-24. Absence or Illness of Counsel as Grounds for Granting Continuance - The illness or absence, from providential cause, of counsel where...
§ 17-8-25. Absence of Witness as Grounds for Granting Continuance - In all applications for continuances upon the ground of the...
§ 17-8-26. Party or Party’s Attorney in Attendance at General Assembly as Grounds for Granting Continuance - History. Ga. L. 1905, p. 93, § 1; Civil Code...
§ 17-8-27. Attorney General in Attendance at General Assembly as Grounds for Granting Continuance - When any case pending in the courts of this state...
§ 17-8-28. Witness in Attendance at General Assembly as Grounds for Granting Continuance - History. Ga. L. 1905, p. 93, § 3; Civil Code...
§ 17-8-29. Party or Party’s Counsel in Attendance at Meeting of Board of Regents of the University System of Georgia as Grounds for Granting Continuance - Should any member of the Board of Regents of the...
§ 17-8-30. Party or Party’s Counsel in Attendance at Meeting of Board of Human Services or Board of Behavioral Health and Developmental Disabilities as Grounds for Granting Continuance - Should any member of the Board of Human Services or...
§ 17-8-31. Party, Leading Attorney, or Material Witness in Attendance on Active Duty as Member of National Guard or Component of Armed Forces of the United States as Grounds for Granting Continuance; Setting Bail in Certain Cases - This continuance shall toll the running of the demand for...
§ 17-8-32. Effect of Admission by Opposing Party of Facts to Be Proved Upon Allowance of Continuance - No continuance shall be allowed in any court on account...
§ 17-8-33. Granting of Continuances Where Indictment Found or Accusation Made; Continuance Where Material Witness Unavailable; Continuances Required by Principles of Justice; Granting of Continuance Where Postponement Possible to Later Date in Term - History. Laws 1833, Cobb’s 1851 Digest, p. 835; Code 1863,...
§ 17-8-34. Granting of Continuances in Cases Returned by Appellate Court for Trial - When a case is sent back for trial to a...
§ 17-8-35. Effect of Continuance by Defendant Upon Trial of Codefendants - The continuance of a case by one of several defendants...
§ 17-8-36. Entry of Date of Continuance Upon Docket of Court; Announcement of Continuance in Open Court - The judges of the superior, state, and city courts shall,...
§ 17-8-37. Duration of Continuance - When a court grants a continuance of a pending case...
§ 17-8-38. Case Not Reached at Trial Term Continued - A case not reached at the trial term stands over...
Article 3 - Conduct of Proceedings
§ 17-8-50. Courts in Which Trials of Inmates Escaping From Correctional Institutions to Take Place; Admissibility of Records Pertaining to Former Trials of Such Inmates; Testimony of Other Inmates - The trial of inmates escaping from a state or county...
§ 17-8-51. Admissibility of Testimony of Inmates in Trials for Crime of Mutiny - At the trial of an inmate of a penal institution...
§ 17-8-52. Oath to Be Administered to Witnesses - Do you solemnly swear or affirm that the evidence you...
§ 17-8-53. Exclusion of Public From Courtroom When Evidence Vulgar or Obscene - During a trial in a court of any case in...
§ 17-8-54. Persons in Courtroom When Person Under Age of 16 Testifies Concerning Sexual Offense - In the trial of any criminal case, when any person...
§ 17-8-55. Testimony of Child Less Than 17 Years Old Outside Physical Presence of Accused - History. Code 1981, § 17-8-55 , enacted by Ga. L....
§ 17-8-56. Writing Out and Reading of Charge to Jury; Filing of Charge; Furnishing of Copies of Charge - History. Ga. L. 1860, p. 42, §§ 1, 2; Code...
§ 17-8-57. Expression or Intimation of Opinion by Judge as to Matters Proved or Guilt of Accused - History. Laws 1850, Cobb’s 1851 Digest, p. 462.; Code 1863,...
§ 17-8-58. Objections to Jury Charges Prior to the Jury Retiring to Deliberate; Failure to Raise Objections - History. Code 1981, § 17-8-58 , enacted by Ga. L....
Article 4 - Conduct and Argument of Counsel
§ 17-8-70. Number of Counsel Permitted to Argue Case - Not more than two counsel shall be permitted to argue...
§ 17-8-71. Order of Argument After Evidence Presented - After the evidence is closed on both sides, the prosecuting...
§ 17-8-72. Misdemeanors and Cases Arising From Inferior Judicatories; Time Limits on Closing Argument - In all misdemeanor cases and cases brought up from inferior...
§ 17-8-73. Noncapital and Capital Felony Cases; Time Limits on Closing Argument - In felony cases other than those involving capital felonies, counsel...
§ 17-8-74. Allowance of Additional Time for Closing Argument - If, before argument begins, counsel on either side applies to...
§ 17-8-75. Improper Statements by Counsel - Where counsel in the hearing of the jury make statements...
§ 17-8-76. Argument to or in Front of Jury as to Possibility of Clemency - History. Ga. L. 1955, p. 191, §§ 1-3. U.S. Code....
Chapter 9 - Verdict and Judgment Generally
§ 17-9-1. When Direction of Verdict of Acquittal Authorized; When Motion for Directed Verdict of Acquittal Allowed; Effect of Motion Upon Defendant’s Right to Present Evidence and Right to Jury Trial; Assent of Jury Not Required - History. Code 1933, § 27-1802, enacted by Ga. L. 1971,...
§ 17-9-2. Jury to Judge Law and Facts and Give General Verdict; Imposition of Sentence; Form and Construction of Verdicts - The jury shall be the judges of the law and...
§ 17-9-3. Recommendations for Mercy in Capital Cases Other Than Those of Homicide; Effect of No Recommendation for Mercy in Capital Cases Generally and Where Defendant Under Age of 17 at Time of Commission of Offense - In all capital cases, other than those of homicide, when...
§ 17-9-4. Validity of Judgment Rendered by Court Having No Jurisdiction of Person or Subject Matter - The judgment of a court having no jurisdiction of the...
Article 2 - Rendition and Receipt of Verdict
§ 17-9-20. Action by Juror on Private Knowledge as to Facts, Witnesses, or Parties - A juror shall not act on his or her private...
§ 17-9-21. Receipt of Verdicts - Verdicts shall be received only in open court, in the...
§ 17-9-22. Expression of Approval or Disapproval of Verdict of Jury by Judge - History. Ga. L. 1918, p. 168, §§ 1, 2; Code...
§ 17-9-23. Commending or Complimenting of Jury by Judge - No judge of any court may commend or compliment a...
Article 3 - Amendment and Impeachment of Verdict
§ 17-9-40. Amendment of Verdict After Dispersion of Jury - A verdict may be amended in mere matter of form...
Article 4 - Motions in Arrest
§ 17-9-60. Jurisdiction of Motion; Notification of Opposing Party - All motions to arrest a judgment must be made to...
§ 17-9-61. Time and Grounds for Motion Generally - History. Orig. Code 1863, §§ 3506, 3507; Code 1868, §§...
§ 17-9-62. Defects in Pleadings or Record Aided by Verdict or Amendable Not Subject to Motion - A judgment may not be arrested for any defect in...
§ 17-9-63. Motion Not Relating to Merits of Offense Charged Not to Be Granted - No motion in arrest of judgment shall be granted for...
Chapter 10 - Sentence and Punishment
Article 1 - Procedure for Sentencing and Imposition of Punishment
§ 17-10-1. Fixing of Sentence; Suspension or Probation of Sentence; Change in Sentence; Eligibility for Parole; Prohibited Modifications; Exceptions - (A) “Developmental disability” shall have the same meaning as set...
§ 17-10-1.1. Judicial Consideration of Victim Impact Statement; Form Document; Manner of Rebuttal; Effect of Noncompliance; No Creation of Cause of Action or Right of Appeal - History. Code 1981, § 17-10-1.1 , enacted by Ga. L....
§ 17-10-1.2. Oral Victim Impact Statement; Presentation of Evidence; Cross-Examination and Rebuttal by Defendant; Effect of Noncompliance; No Creation of Cause of Action or Right of Appeal - History. Code 1981, § 17-10-1.2 , enacted by Ga. L....
§ 17-10-1.3. Factoring Into Sentencing Determinations Citizenship Status of Convict - History. Code 1981, § 17-10-1.3 , enacted by Ga. L....
§ 17-10-1.4. Split Sentence - History. Code 1981, § 17-10-1.4 , enacted by Ga. L....
§ 17-10-2. Conduct of Presentence Hearings in Felony Cases; Effect of Reversal for Error in Presentence Hearing - History. Code 1933, § 27-2503, enacted by Ga. L. 1974,...
§ 17-10-3. Punishment for Misdemeanors Generally - History. Orig. Code 1863, § 4209; Ga. L. 1865-66, p....
§ 17-10-3.1. Punishment for Violations of Code Section 40-6-391 - History. Code 1981, § 17-10-3.1 , enacted by Ga. L....
§ 17-10-4. Punishment for Misdemeanors of a High and Aggravated Nature - History. Code 1933, § 27-2506.1, enacted by Ga. L. 1970,...
§ 17-10-5. Imposition of Misdemeanor Punishment for Felonies Punishable by Imprisonment for Term of Ten Years or Less - When a defendant is found guilty of a felony punishable...
§ 17-10-6.1. Punishment for Serious Violent Offenders; Authorization for Reduction in Mandatory Minimum Sentencing - shall, unless sentenced to life imprisonment, be a split sentence...
§ 17-10-6.2. Punishment for Sexual Offenders - History. Code 1981, § 17-10-6.2 , enacted by Ga. L....
§ 17-10-6.3. Disposition of Cases Currently Under Review by Three-Judge Panel; Duties and Responsibilities of the President of the Council of Superior Court Judges of Georgia With Respect to Abolishing the Three-Judge Panel - History. Code 1981, § 17-10-6.3 , enacted by Ga. L....
§ 17-10-7. Punishment of Repeat Offenders; Punishment and Eligibility for Parole of Persons Convicted of Fourth Felony Offense - (b.1) Subsections (a) and (c) of this Code section shall...
§ 17-10-8. Payment of Fine in Felony Case; Rebate or Refund of Fine Not Permitted Upon Revocation of Probation - History. Ga. L. 1957, p. 477, § 1; Ga. L....
§ 17-10-8.1. Fee for Legal Defense Services as Condition of Probation - In any case in which a defendant receives legal defense...
§ 17-10-9. Specification by Judge Imposing Sentence of Time From Which Penal Sentence to Run; Effect of Appeal - History. Ga. L. 1931, p. 165, § 1; Code 1933,...
§ 17-10-9.1. Voluntary Surrender to County Jail or Correctional Institution; Release of Defendant - (5.1) Home invasion in any degree; is sentenced to a...
§ 17-10-10. Concurrent Sentences - History. Laws 1833, Cobb’s 1851 Digest, p. 836; Code 1863,...
§ 17-10-11. Granting of Credit Generally; Exceptions; Use in Determining Parole Eligibility; Applicability of Code Section - History. Ga. L. 1970, p. 692, §§ 1, 2; Ga....
§ 17-10-12. Affidavit Specifying Number of Days Spent in Confinement; Disposition of Affidavit; Granting of Credit to Defendant - History. Ga. L. 1970, p. 692, §§ 3, 4; Ga....
§ 17-10-13. Legal Adjudication of Guilt in Court Having Jurisdiction to Precede Assessment of Punishment - The punishments prescribed by this Code shall be assessed only...
§ 17-10-14. Committal of Person Under 17 Convicted of Felony - History. Code 1981, § 17-10-14 , enacted by Ga. L....
§ 17-10-15. Aids Transmitting Crimes; Requiring Defendant to Submit to Hiv Test; Report of Results - History. Code 1981, § 17-10-15 , enacted by Ga. L....
§ 17-10-16. Sentence to Imprisonment for Life Without Parole Authorized; Ineligibility for Parole or Leave Programs - History. Code 1981, § 17-10-16 , enacted by Ga. L....
§ 17-10-16.1. Seeking Death Penalty Not Prerequisite to Life Without Parole Sentence - A person may be sentenced to life without parole without...
§ 17-10-17. Sentencing of Defendants Guilty of Crimes Involving Bias or Prejudice; Identification of Increased Sentence - History. Code 1981, § 17-10-17 , enacted by Ga. L....
§ 17-10-18. Notification to Seek Enhanced Penalty - At any time after the filing of an indictment or...
§ 17-10-19. Determination of Defendant’s Guilt; Object of the Offense; Enhancement of Sentence - History. Code 1981, § 17-10-19 , enacted by Ga. L....
§ 17-10-20. Collection of Fines and Restitution in Criminal Cases - History. Code 1981, § 17-10-20 , enacted by Ga. L....
§ 17-10-21. Vacating of Sentence for Trafficking Victim Defendants - History. Code 1981, § 17-10-21 , enacted by Ga. L....
Article 2 - Death Penalty Generally
§ 17-10-30. Procedure for Imposition of Death Penalty Generally - History. Code 1933, § 27-2534.1, enacted by Ga. L. 1973,...
§ 17-10-31. Requirement of Jury Finding of Aggravating Circumstance and Recommendation of Death Penalty Prior to Imposition; Arguments of Counsel During Sentencing Phase; Jury Instructions; Actions of Judge in Event of Failure to Reach Unanimous Verd... - History. Code 1933, § 26-3102, enacted by Ga. L. 1968,...
§ 17-10-32. Sentencing of Person Indicted for Capital Offense to Life Imprisonment or Other Punishment Upon Plea of Guilty - Any person who has been indicted for an offense punishable...
§ 17-10-33. Imposition of Sentence of Death Upon Judgment of Death; to Whom Copies of Sentence Sent; Conveying Defendant to State Correctional Institution; Expenses of Transporting Defendant - Upon a judgment of death made by a judge, it...
§ 17-10-34. Sentence to Specify Time Period for and Place of Execution; Appointing Time Period for Execution of Pregnant Female - When a person is sentenced to the punishment of death,...
§ 17-10-35. Review of Death Sentences by Supreme Court; Forwarding of Record and Transcript; Scope of Review; Written Briefs and Oral Argument; Similar Cases to Be Included in Decision; Direct Appeal to Be Consolidated With Sentence Review - History. Code 1933, § 27-2537, enacted by Ga. L. 1973,...
§ 17-10-35.1. Review of Pretrial Proceedings When Death Penalty Is Sought; Reports Investigating Reversible Error; Transmittal of Reports to Supreme Court; Orders Regarding Review; Attorney General Assistance; Res Judicata; Applicability; Waiver of R... - History. Code 1981, § 17-10-35.1 , enacted by Ga. L....
§ 17-10-35.2. Hearing to Determine Appropriateness of Interim Appellate Review of Pretrial Rulings - Prior to the filing of a report by the trial...
§ 17-10-36. Establishment of Unified Review Procedure by Supreme Court; Effect on Habeas Corpus - History. Code 1933, § 27-2538, enacted by Ga. L. 1980,...
§ 17-10-37. Appointment of Assistant to Supreme Court to Review Death Sentences; Employment of Staff to Compile Data - History. Code 1933, § 27-2537, enacted by Ga. L. 1973,...
§ 17-10-38. Death Sentences Generally - History. Ga. L. 1924, p. 195, § 1; Code 1933,...
§ 17-10-39. Procedure for Determination if Female Sentenced to Death Is Pregnant; Suspension of Execution of Sentence; Issuance of New Order for Execution of Sentence; Entry of Order Upon Minutes of Court - After a sentence of death has been imposed, if a...
§ 17-10-40. Change of Time Period for Execution When Time Period Set for Execution Has Passed; Recordation on Court Minutes; Length of and Time Limitation for New Time Period for Execution; Setting Day and Time for Execution - History. Ga. L. 1924, p. 195, § 7; Code 1933,...
§ 17-10-41. Persons Required to Be Present at Executions - There shall be present at the execution of a convicted...
§ 17-10-42. Preparation and Filing of Certification of Execution - The executioner and attending physicians shall certify the fact of...
§ 17-10-42.1. Participation of Medical Professionals in Executions - Participation in any execution of any convicted person carried out...
§ 17-10-43. Disposition of Body of Executed Person; Payment of Expenses of Transporting Body - The body of an executed person shall be delivered to...
§ 17-10-44. Apparatus, Machinery, and Appliances - The Department of Corrections shall provide a place for execution...
Article 3 - Mentally Incompetent to Be Executed
§ 17-10-60. “Mentally Incompetent to Be Executed” Defined - As used in this article, the term “mentally incompetent to...
§ 17-10-61. No Execution Upon Determination of Mental Incompetency to Be Executed - A person under sentence of death shall not be executed...
§ 17-10-62. Exclusive Procedure for Challenging Mental Competency to Be Executed - Notwithstanding any other provision of this Code, this article provides...
§ 17-10-63. Filing of Application; Contents - History. Code 1981, § 17-10-63 , enacted by Ga. L....
§ 17-10-64. Service of Application - Service of an application brought under this article shall be...
§ 17-10-65. Answer by Respondent - As soon as possible after the filing and docketing of...
§ 17-10-66. Examination of Applicant - History. Code 1981, § 17-10-66 , enacted by Ga. L....
§ 17-10-67. When Application to Be Filed - An application under this article shall not be filed until...
§ 17-10-68. Proof; Disposition - History. Code 1981, § 17-10-68 , enacted by Ga. L....
§ 17-10-69. Prior Adjudication as Presumption of Mental Competency - If an applicant is determined to have previously filed an...
§ 17-10-70. Appeals - History. Code 1981, § 17-10-70 , enacted by Ga. L....
§ 17-10-71. Procedure Upon Convicted Person’s Regaining Mental Competency - If a convicted person under sentence of death who is...
Chapter 11 - Assessment and Payment of Costs of Criminal Proceedings
§ 17-11-1. Imposition of Costs of Prosecution Upon Defendant Generally - The costs of a prosecution, except the fees of his...
§ 17-11-2. Liability of Defendant for Costs of Witnesses - No defendant shall be liable for the costs of any...
§ 17-11-3. Liability of Defendant for Costs of Inquest - Any person convicted of murder or manslaughter in a case...
§ 17-11-4. Imposition of Costs and Jail Fees Upon Prosecutor or Complainant - History. Laws 1833, Cobb’s 1851 Digest, p. 833; Code 1863,...
§ 17-11-5. Payment of Costs and Expenses When Venue Changed - History. Ga. L. 1871-72, p. 49, § 1; Code 1873,...
Article 2 - Reimbursement of Counties for Expenses of Capital Felony Prosecutions
§ 17-11-20. Short Title - This article shall be known and may be cited as...
§ 17-11-21. Definitions - As used in this article, the term: History. Ga. L....
§ 17-11-22. Basis for Reimbursement of Counties for Capital Felony Expenses - History. Ga. L. 1979, p. 504, § 3; Ga. L....
§ 17-11-23. When Reimbursement Payments to Be Made; Manner of Reimbursement Where Requests Exceed Funds Appropriated - History. Ga. L. 1979, p. 504, § 5; Ga. L....
§ 17-11-24. Administration of Article Generally; Adoption of Rules and Regulations; Maintenance of Records of Capital Felony Expenses by Clerks of Superior Courts - History. Ga. L. 1979, p. 504, § 4; Ga. L....
Chapter 12 - Legal Defense for Indigents
Article 1 - Georgia Public Defender Council
§ 17-12-1. Short Title; Georgia Public Defender Council; Responsibilities - History. Code 1981, § 17-12-1 , enacted by Ga. L....
§ 17-12-2. Definitions - As used in this chapter, the term: In no case...
§ 17-12-3. Council Created; Membership - History. Code 1981, § 17-12-3 , enacted by Ga. L....
§ 17-12-4. Authority of Council; Annual Audit - History. Code 1981, § 17-12-4 , enacted by Ga. L....
§ 17-12-5. Director; Qualifications; Powers and Responsibilities - History. Code 1981, § 17-12-5 , enacted by Ga. L....
§ 17-12-6. Assistance of Council to Public Defenders - History. Code 1981, § 17-12-6 , enacted by Ga. L....
§ 17-12-7. Councilmembers; Responsibilities; Voting; Removal; Quorum; Meetings; Officers; Expenses - History. Code 1981, § 17-12-7 , enacted by Ga. L....
§ 17-12-9. Continuing Legal Education for Public Defenders and Staff - The council shall be authorized to conduct or approve for...
§ 17-12-10. Annual Reporting - History. Code 1981, § 17-12-10 , enacted by Ga. L....
§ 17-12-10.1. Legislative Oversight Committee Created; Membership; Audits - History. Code 1981, § 17-12-10.1 , enacted by Ga. L....
§ 17-12-10.2. Civil Liability - The members of the council as created by this article,...
§ 17-12-11. Mental Health Advocacy Division; Duties, Responsibilities, and Management - History. Code 1981, § 17-12-11 , enacted by Ga. L....
§ 17-12-12. Georgia Capital Defender Division; Duties, Responsibilities, and Management - History. Code 1981, § 17-12-12 , enacted by Ga. L....
§ 17-12-12.1. Payment of Attorney in Event of Conflict of Interest in Capital Cases; Number of Attorneys Appointed; County Governing Authority’s Financial Responsibility; Expenses - History. Code 1981, § 17-12-12.1 , enacted by Ga. L....
Article 2 - Public Defenders
§ 17-12-20. Public Defender Selection Panel for Each Circuit; Appointment of Public Defender; Removal; Vacancies - History. Code 1981, § 17-12-20 , enacted by Ga. L....
§ 17-12-21. Qualifications for Public Defender Position - To be eligible to fill the position of circuit public...
§ 17-12-22. Procedure for Appointment of Attorneys for Indigent Defendants in Event of Public Defender’s Conflict of Interest; Identification of Conflict - History. Code 1981, § 17-12-22 , enacted by Ga. L....
§ 17-12-23. Cases in Which Public Defender Representation Required; Timing of Representation; Juvenile Divisions; Contracts With Local Governments - History. Code 1981, § 17-12-23 , enacted by Ga. L....
§ 17-12-24. Financial Eligibility for Indigent Defense Services Representation; Operation of Public Defender’s Office - History. Code 1981, § 17-12-24 , enacted by Ga. L....
§ 17-12-25. Salary of Public Defender; Private Practice Prohibited - History. Code 1981, § 17-12-25 , enacted by Ga. L....
§ 17-12-25.1. Accountability Court Supplement - History. Code 1981, § 17-12-25.1 , enacted by Ga. L....
§ 17-12-26. Budget of the Council - The council shall prepare and submit to the director of...
§ 17-12-27. Appointment of Assistant Public Defenders; Salary; Promotions - History. Code 1981, § 17-12-28 , enacted by Ga. L....
§ 17-12-28. Appointment of Investigator; Role and Responsibilities; Compensation; Promotions - History. Code 1981, § 17-12-28 , enacted by Ga. L....
§ 17-12-29. Employment of Supplemental Personnel; Compensation - History. Code 1981, § 17-12-27 , enacted by Ga. L....
§ 17-12-30. Classification of Personnel; Responsibilities; Compensation; Local Supplements - History. Code 1981, § 17-12-30 , enacted by Ga. L....
§ 17-12-31. Employment of Additional Personnel - History. Code 1981, § 17-12-31 , enacted by Ga. L....
§ 17-12-32. Contracting With the Council for Personnel Paid by Local Government - The governing authority of any county or municipality within the...
§ 17-12-33. Assistant Public Defenders’ Private Practice of Law or Concurrent Judicial Service Prohibited; Admission to Bar in Georgia - History. Code 1981, § 17-12-33 , enacted by Ga. L....
§ 17-12-34. Pro Rata Sharing of Expenses and Resources by Counties in Each Circuit - The governing authority of the county shall provide, in conjunction...
§ 17-12-35. Acceptance of Other Funding - A circuit public defender office may contract with and may...
§ 17-12-36. Alternative Delivery System; Annual Review of Operations by Council; Record Keeping - History. Code 1981, § 17-12-36 , enacted by Ga. L....
§ 17-12-37. Effective Date of Article - This article shall become effective on January 1, 2005; provided,...
Article 3 - Assistance by Third-Year Law Students or Staff Instructors
§ 17-12-40. Definitions - As used in this article, the term: History. Code 1981,...
§ 17-12-41. Assistance of Public Defender by Third-Year Law Student or Staff Instructor - An authorized third-year law student or staff instructor, when under...
§ 17-12-42. Judge May Prescribe Type of Assistance Provided by Law Student or Staff Instructor; Certification by Law School Dean - A third-year law student or staff instructor may be authorized...
§ 17-12-43. Clerk of Court to Maintain Records; Limited Period of Assistance - As to each third-year law student or staff instructor authorized...
§ 17-12-44. Exception to Qualification Requirements for Public Defender or Assistant Public Defender - Any third-year law student or staff instructor authorized to assist...
§ 17-12-45. Effective Date of Article - This article shall become effective on January 1, 2005. History....
Article 3A - Recovery of Attorney’s Fees and Costs
§ 17-12-50. Definitions - As used in this article, the term: History. Code 1981,...
§ 17-12-51. Repayment of Attorney’s Fees as Condition of Probation - History. Code 1981, § 17-12-51 , enacted by Ga. L....
§ 17-12-52. Recovery of Payment or Reimbursement by a County or Municipality - History. Code 1981, § 17-12-52 , enacted by Ga. L....
Article 4 - Verification of Indigency
§ 17-12-80. Verification of Indigency Required; Procedure; Timing of Notification of Eligibility - History. Code 1981, § 17-12-80 , enacted by Ga. L....
Chapter 13 - Criminal Extradition
§ 17-13-1. Requirements as to Applications for Requisitions for Extradition of Fugitives From Justice of This State - In addition to rules adopted by the Governor, the following...
§ 17-13-2. Duty of Governor to Make Requisitions - When an application is made as provided in Code Section...
§ 17-13-3. Expense of Returning Fugitives to Be First Authorized by County Governing Authority - Before any expenses shall be incurred by any officer or...
§ 17-13-4. Arrest and Delivery to Authorities of Fugitive From Foreign Country - Whenever a fugitive from justice from a foreign country is...
§ 17-13-5. Execution of Warrants for Arrest of Fugitives From Justice - When the Governor or other officer issues a warrant of...
Article 2 - Uniform Criminal Extradition Act
§ 17-13-20. Short Title - This article shall be known and may be cited as...
§ 17-13-21. Definitions - As used in this article, the term: History. Ga. L....
§ 17-13-22. Duty of Governor to Have Fugitives From Justice Arrested and Delivered to Executive Authorities of Other States - Subject to this article, the Constitution of the United States,...
§ 17-13-23. Form of Demand for Extradition of Person Charged With Crime in Another State - No demand for the extradition of a person charged with...
§ 17-13-24. Extradition of Person Imprisoned or Awaiting Trial in Another State or Who Has Left the Demanding State Under Compulsion - History. Ga. L. 1951, p. 726, § 5; Ga. L....
§ 17-13-25. Extradition of Persons Not Present in Demanding State at Time of Commission of Crime - The Governor of this state may also surrender, on demand...
§ 17-13-26. Investigation of Case Upon Receipt of Demand for Extradition - When a demand for the surrender of a person charged...
§ 17-13-27. Issue of Governor’s Warrant of Arrest; Recitals - If the Governor decides that the demand should be complied...
§ 17-13-28. Manner and Place of Execution of Warrant - The warrant shall authorize the peace officer or other person...
§ 17-13-29. Authority of Arresting Officers; Penalties for Refusal to Assist Arresting Officers - Every peace officer or other person empowered to make the...
§ 17-13-30. Rights of Accused Person; Application for Writ of Habeas Corpus; Hearing; Penalty - History. Ga. L. 1951, p. 726, §§ 10, 11. Cross...
§ 17-13-31. Duty of District Attorney to Answer and Defend Habeas Corpus Action - The district attorney shall answer and defend any habeas corpus...
§ 17-13-32. Confinement in Jail of Person Being Extradited to Another State When Necessary - History. Ga. L. 1951, p. 726, § 12.
§ 17-13-33. Arrest of Person Charged With Crime in Another State Under Warrant Based Upon Oath or Affidavit of Another Person - Whenever any person within this state shall be charged, on...
§ 17-13-34. Arrest Without Warrant of a Person Charged With a Crime in Another State - The arrest of a person may be lawfully made by...
§ 17-13-35. Commitment of Person Accused of Crime in Another State to County Jail Pending Receipt of Demand From Other State Generally - If from the examination before the judge or magistrate it...
§ 17-13-36. Granting of Bail - Unless the offense with which the prisoner is charged is...
§ 17-13-37. Procedure Where Accused Not Arrested Within Time Specified in Warrant - If the accused is not arrested under warrant of the...
§ 17-13-38. Forfeiture of Bail Bond - If the prisoner is admitted to bail and fails to...
§ 17-13-39. Surrender of Persons Under Criminal Prosecution or Sentence in This State to Demanding State - The Governor may, in his discretion, surrender, upon demand of...
§ 17-13-40. Conduct of Inquiry as to Guilt or Innocence of Accused - The guilt or innocence of the accused as to the...
§ 17-13-41. Recall of Warrant of Arrest or Issuance of Another Warrant by Governor - The Governor may recall his warrant of arrest or may...
§ 17-13-42. Demand for Return of Fugitives in Other States by Governor of This State; Issuance of Warrant to Person Receiving Fugitive - Whenever the Governor of this state shall demand a person...
§ 17-13-43. Application for Issuance of Demand - History. Ga. L. 1951, p. 726, § 23; Ga. L....
§ 17-13-44. Payment of Expenses - When the punishment of the crime shall be the confinement...
§ 17-13-45. Immunity From Service of Process of Persons Brought Into State in Civil Actions Based on Facts in Criminal Charge - A person brought into this state by or after waiver...
§ 17-13-46. Execution and Filing of Written Waiver of Extradition Proceedings by Accused; Delivery of Accused to Demanding State - History. Ga. L. 1951, p. 726, § 26; Ga. L....
§ 17-13-47. Effect of Article as to Right, Power, or Privilege of State to Try Demanded Person - Nothing in this article contained shall be deemed to constitute...
§ 17-13-48. Trial of Person Brought Into State for Other Criminal Prosecutions While in State - After a person has been brought back to this state...
§ 17-13-49. Uniform Interpretation and Construction - This article shall be so interpreted and construed as to...
Chapter 14 - Restitution and Distribution of Profits to Victims of Crimes
Article 1 - Restitution
§ 17-14-1. Declaration of Public Policy - It is declared to be the policy of this state...
§ 17-14-2. Definitions - As used in this article, the term: suffering damages caused...
§ 17-14-3. Requirement of Restitution by Offender as Condition of Relief Generally - History. Code 1933, § 27-3003, enacted by Ga. L. 1980,...
§ 17-14-4. Granting of Parole Prior to Completion of One-Third of Sentence Conditioned on Restitution - Notwithstanding any provision of Code Section 42-9-45 to the contrary,...
§ 17-14-5. Restitution by Juvenile Delinquent; Retention of Jurisdiction to Enforce Order Against Juvenile After Attainment of Age 21; Transfer of Enforcement Jurisdiction; Parent’s Obligation for Restitution - History. Code 1933, § 27-3005, enacted by Ga. L. 1980,...
§ 17-14-6. Setoff of Prior Total or Partial Restitution Made to Victim; Reduction of Award From the Crime Victims Compensation Board by the Amount of Restitution; Payment of Restitution to Governmental Entities That Have Compensated the Victim - History. Code 1933, § 27-3006, enacted by Ga. L. 1980,...
§ 17-14-7. Right of Offender to Offer Restitution Plan to Ordering Authority; Consideration and Adoption of Plan; Hearing to Determine Restitution; Burden of Proof; Liability Among Multiple Offenders; Payment for Multiple Victims; Waiver of Victim’s... - History. Code 1933, § 27-3007, enacted by Ga. L. 1980,...
§ 17-14-8. Apportionment of Payments for Fines and Restitution; Payment to Victims - History. Code 1933, § 27-3008, enacted by Ga. L. 1980,...
§ 17-14-9. Amount of Restitution - The amount of restitution ordered shall not exceed the victim’s...
§ 17-14-10. Factors to Be Considered by Ordering Authority in Determining Nature and Amount of Restitution - History. Code 1933, § 27-3010, enacted by Ga. L. 1980,...
§ 17-14-11. Effect of Restitution Order on Civil Actions Against Offender; Setoff of Restitution Payments Against Civil Judgments; Admissibility of Restitution Orders or Payments; Determining Setoff Amount - An order for restitution shall not bar any civil action...
§ 17-14-12. Modification of Restitution Order - The ordering authority shall retain jurisdiction to modify a restitution...
§ 17-14-13. Manner of Enforcement of Restitution Order Generally; Sanctions for Failure to Comply With Order - History. Code 1933, § 27-3013, enacted by Ga. L. 1980,...
§ 17-14-14. Restitution Payments; Wage Assignments; Review of Compliance; Interest - History. Code 1933, § 27-3014, enacted by Ga. L. 1980,...
§ 17-14-15. Peonage Not Authorized by Article; Denial of Benefits Because of Poverty Prohibited - History. Code 1933, § 27-3016, enacted by Ga. L. 1980,...
§ 17-14-16. Transmission of Copies of Restitution Orders to the Department of Corrections or the Department of Juvenile Justice, and to the Department of Community Supervision - If an offender who is ordered to pay restitution under...
§ 17-14-17. Voidable Transfers - History. Code 1981, § 17-14-17 , enacted by Ga. L....
§ 17-14-18. Payments to and by the Crime Victims Emergency Fund - If a person or entity entitled to restitution cannot be...
§ 17-14-19. Effect of Article on Powers of Courts - This article shall not be construed to limit or abrogate...
Article 2 - Distribution of Profits of Crimes
§ 17-14-30. Definitions - As used in this article, the term: History. Ga. L....
§ 17-14-31. Contract Regarding Reenactment of Crime; Deposit of Consideration in Escrow; Claim Notification; Notice of Availability of Escrow Moneys; Disposition of Escrow Moneys; Actions Taken to Defeat Purpose - History. Ga. L. 1979, p. 1262, § 1. Editor’s notes....
§ 17-14-32. Penalties for Violations of Article - History. Ga. L. 1979, p. 1262, § 1. Editor’s notes....
Chapter 15 - Victim Compensation
§ 17-15-1. Legislative Intent - The General Assembly recognizes that many innocent persons suffer personal...
§ 17-15-2. Definitions - As used in this chapter, the term: History. Code 1981,...
§ 17-15-3. Georgia Crime Victims Compensation Board; Members; Director of Criminal Justice Coordinating Council - History. Code 1981, § 17-15-3 , enacted by Ga. L....
§ 17-15-4. Powers of Board - History. Code 1981, § 17-15-4 , enacted by Ga. L....
§ 17-15-5. Filing of Claims; Verification; Contents - History. Code 1981, § 17-15-5 , enacted by Ga. L....
§ 17-15-6. Investigation; Decision by Director; Review by Board; Report to Claimant - History. Code 1981, § 17-15-6 , enacted by Ga. L....
§ 17-15-7. Persons Eligible for Awards - History. Code 1981, § 17-15-7 , enacted by Ga. L....
§ 17-15-8. Required Findings; Amount of Award; Method of Payment; Rejection of Claim; Reductions; Exemptions; Effective Date for Awards; Psychological Counseling for Relatives of Deceased; Memorials for Victims of Dui Homicide - (a.1) The board, upon finding that any claimant or award...
§ 17-15-9. Georgia Crime Victims Emergency Fund Created; Administration; Moneys; Payments Authorized - History. Code 1981, § 17-15-10 , enacted by Ga. L....
§ 17-15-10. Insufficient Funds to Pay Authorized Award - Notwithstanding any other provision of this chapter to the contrary,...
§ 17-15-11. False Claims - Any person who asserts a false claim under the provisions...
§ 17-15-12. Effect of Accepting Award - History. Code 1981, § 17-15-12 , enacted by Ga. L....
§ 17-15-13. Debt to State Created; Payment as Condition of Probation or Parole; Payment Into Fund - History. Code 1981, § 17-15-13 , enacted by Ga. L....
§ 17-15-14. Funding to Victim Service Providers for Disseminating Information - The board shall be authorized to designate and expend not...
§ 17-15-15. Responsibility for Cost of Forensic Medical Examination - When a forensic medical examination is conducted, the cost of...
§ 17-15-16. Funding for Costs of Forensic Interviews for Persons Less Than 18 Years of Age or Developmentally Disabled - History. Code 1981, § 17-15-16 , enacted by Ga. L....
§ 17-15-17. Return of Fines and Fees Paid by Defendants With Vacated Convictions; Regulation; Payments - History. Code 1981, § 17-15-17 , enacted by Ga. L....
Chapter 15A - Compensation for Criminally Inflicted Property Damage
§ 17-15A-1. Legislative Authority - The provisions of this chapter are enacted pursuant Article III,...
§ 17-15A-2. “Graffiti” Defined - As used in this chapter, the term “graffiti” means any...
§ 17-15A-3. Legislative Findings - The General Assembly finds and declares that: History. Code 1981,...
§ 17-15A-4. Removal of Graffiti by Inmates; No Waiver of Sovereign Immunity; No Fees to Property Owners - History. Code 1981, § 17-15A-4 , enacted by Ga. L....
Chapter 16 - Discovery
Article 1 - Definitions; Felony Cases
§ 17-16-1. Definitions - As used in this chapter, the term: History. Code 1981,...
§ 17-16-2. Applicability of Article - History. Code 1981, § 17-16-2 , enacted by Ga. L....
§ 17-16-3. Copy of Indictment or Accusation and List of Witnesses Furnished - Prior to arraignment, every person charged with a criminal offense...
§ 17-16-4. Disclosure Required by Prosecuting Attorney and Defendant; Inspections Allowed; Reducing Oral Reports to Writing; Continuing Duty to Disclose; Discovery Creating Threat of Physical or Economic Harm - History. Code 1981, § 17-16-4 , enacted by Ga. L....
§ 17-16-5. Alibi Witnesses - History. Code 1981, § 17-16-5 , enacted by Ga. L....
§ 17-16-6. Failure to Comply With Discovery Requirements - If at any time during the course of the proceedings...
§ 17-16-7. Statements of Witnesses - No later than ten days prior to trial or at...
§ 17-16-8. Lists of Names and Information Concerning Witnesses - History. Code 1981, § 17-16-8 , enacted by Ga. L....
§ 17-16-9. Reimbursement for Costs - Any party providing documents or statements to another party under...
§ 17-16-10. Material or Information Already Furnished; Who May Be Called as Witness - The defendant need not include in materials and information furnished...
Article 2 - Misdemeanor Cases
§ 17-16-20. Applicability of Article - The provisions of this article shall apply only to misdemeanor...
§ 17-16-21. Right of the Defendant to Copy of Indictment or Accusation and List of Witnesses - Prior to arraignment, every person charged with a criminal offense...
§ 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 - History. Code 1981, § 17-16-22 , enacted by Ga. L....
§ 17-16-23. Right of Defendant to Copies of Written Scientific Reports; Failure to Comply - History. Code 1981, § 17-16-23 , enacted by Ga. L....
Chapter 17 - Crime Victims’ Bill of Rights
§ 17-17-1. Declaration of Policy - The General Assembly hereby finds and declares it to be...
§ 17-17-2. Short Title - This chapter shall be known and may be cited as...