§ 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 […]
§ 17-17-5.1. Victim Notification From Department of Behavioral Health and Developmental Disabilities
If the accused is committed to the Department of Behavioral Health and Developmental Disabilities pursuant to the provisions of Part 2 of Article 6 of Chapter 7 of this title, the department shall, upon the written request of the victim, mail to the victim at least ten days before the release or discharge of the […]
§ 17-17-6. Notification to Victim of Accused’s Pretrial Release and of Victims’ Rights and the Availability of Victims’ Compensation and Services
Upon initial contact with a victim, all law enforcement and court personnel shall make available to the victim the following information written in plain language: The possibility of pretrial release of the accused, the victim’s rights and role in the stages of the criminal justice process, and the means by which additional information about these […]
§ 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
Whenever possible, the investigating law enforcement agency shall give to a victim prompt notification as defined in paragraph (9) of Code Section 17-17-3 of the arrest of an accused. The arresting law enforcement agency shall promptly notify the investigating law enforcement agency of the accused’s arrest. Whenever possible, the prosecuting attorney shall notify the victim […]
§ 17-17-1. Declaration of Policy
The General Assembly hereby finds and declares it to be the policy of this state that victims of crimes should be accorded certain basic rights just as the accused are accorded certain basic rights. These rights include: The right to reasonable, accurate, and timely notice of any scheduled court proceedings or any changes to such […]
§ 17-17-2. Short Title
This chapter shall be known and may be cited as the “Crime Victims’ Bill of Rights.” History. Code 1981, § 17-17-2 , enacted by Ga. L. 1995, p. 385, § 2.