US Lawyer Database

§ 17-20-1. Definitions

As used in this chapter, the term: “Fillers” means individuals who are not suspects. “Law enforcement agency” means a governmental unit of one or more individuals employed full time or part time by the state, a state agency or department, or a political subdivision which performs as its principal function activities relating to preventing and […]

§ 17-20-2. Written Policies for Live Lineups, Photo Lineups, and Showups

Not later than July 1, 2016, any law enforcement agency that conducts live lineups, photo lineups, or showups shall adopt written policies for using such procedures for the purpose of determining whether a witness identifies someone as the perpetrator of an alleged crime. Live lineup, photo lineup, and showup policies shall include the following: With […]

§ 17-20-3. Effect of Failure to Comply With Requirements of This Chapter

The court may consider the failure to comply with the requirements of this chapter with respect to any challenge to an identification; provided, however, that such failure shall not mandate the exclusion of identification evidence. History. Code 1981, § 17-20-3 , enacted by Ga. L. 2015, p. 1046, § 4/SB 94.

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

It is the right and responsibility of the victim who desires notification under this chapter or under any other notification statute to keep the following informed of the victim’s current address and phone number: The investigating law enforcement agency; The prosecuting attorney, until final disposition or completion of the appellate and post-conviction process, whichever occurs […]

§ 17-17-3. Definitions

As used in this chapter, the term: “Accused” means a person suspected of and subject to arrest for, arrested for, or convicted of a crime against a victim. (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. “Arresting law […]

§ 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 Victim

Failure to provide or to timely provide any of the information or notifications required by this chapter shall not subject the person responsible for such notification or that person’s employer to any liability for damages. Failure to provide a victim with any of the rights required by law shall not give an accused a basis […]

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

If a victim is physically unable to exercise privileges and rights under this chapter, the victim may designate by written instrument his or her spouse, adult child, parent, sibling, or grandparent to act in place of the victim during the duration of the physical disability. During the physical disability, notices to be provided under this […]

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

As used in this Code section, the term: “Course of conduct” spans a series of acts over a period of time, however short, indicating a continuity of purpose. “Harassment” means a course of conduct directed at a specific person that causes substantial emotional distress in such person. A superior court, upon application of a prosecuting […]

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

All victims, wherever practicable, shall be entitled to notification of: The accused’s arrest; The accused’s release from custody; Any judicial proceeding at which the release of the accused will be considered; An escape by the accused and his or her subsequent rearrest; and If the accused is released from custody and the terms or conditions […]