§ 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.
§ 17-17-8.1. Procedures for a Victim to Be Interviewed by an Accused or Accused’s Attorney or Agent; Duties and Conditions
A victim shall have the right to refuse to submit to an interview by the accused, the accused’s attorney, or an agent of the accused. It shall be the duty of the prosecuting attorney to advise a victim that he or she has the right to agree to such an interview or to refuse such […]
§ 17-17-9. Exclusion of Testifying Victim From Criminal Proceedings; Separate Victims’ Waiting Areas
A victim has the right to be present at all criminal proceedings in which the accused has the right to be present. A victim or member of the immediate family of a victim shall not be excluded from any portion of any hearing, trial, or proceeding pertaining to the offense based solely on the fact […]
§ 17-17-9.1. Communications Between Victim Assistance Personnel and Victims Privileged
Communications between a victim, other than a peace officer, and victim assistance personnel appointed by a prosecuting attorney and any notes, memoranda, or other records made by such victim assistance personnel of such communication shall be considered attorney work product of the prosecuting attorney and not subject to disclosure except where such disclosure is required […]
§ 17-17-10. Requirement by Court That Defense Counsel Not Disclose Victim Information to Accused
As a condition of permitting a response to an inquiry as to the victim’s current address, telephone number, or place of employment, the court may require counsel or any other officer of the court, including but not limited to counsel for the defendant, not to transmit or permit transmission to the defendant of the victim’s […]
§ 17-17-11. Right of Victim to Express Opinion on Disposition of Accused’s Case
The prosecuting attorney shall offer the victim the opportunity to express the victim’s opinion on the disposition of an accused’s case, including the views of the victim regarding: Plea or sentence negotiations; and Participation in pretrial or post-conviction diversion programs. This provision shall not limit any other right created pursuant to state law. History. Code […]
§ 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 Appeal
Upon the written request of the victim, the prosecuting attorney shall notify the victim of the following: That the accused has filed a motion for new trial, an appeal of his or her conviction, or an extraordinary motion for new trial; Whether the accused has been released on bail or other recognizance pending the disposition […]
§ 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
As used in this Code section, the term “mail” means any form of written communication, including, but not limited to, letters, cards, postcards, packages, parcels, and e-mail as defined by Code Section 16-9-100, text messaging, and any other form of electronic communication which is knowingly intended to be delivered to or received by a victim, […]