§ 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, […]
§ 17-17-13. Notification to Victim of Impending Parole, Release for Period Exceeding 60 Days, or Pardon; Notice of Hearing on Request to Commute Death Sentence
The State Board of Pardons and Paroles shall give 20 days’ advance notification to a victim whenever it considers making a final decision to grant parole, release a defendant for a period exceeding 60 days, or grant a pardon; and the board shall provide the victim with an opportunity to file a written objection to […]
§ 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 […]
§ 17-16-1. Definitions
As used in this chapter, the term: “Possession, custody, or control of the state or prosecution” means an item which is within the possession, custody, or control of the prosecuting attorney or any law enforcement agency involved in the investigation of the case being prosecuted. “Statement of a witness” means: A written or recorded statement, […]
§ 17-16-2. Applicability of Article
This article shall apply to all criminal cases in which at least one felony offense is charged in the event that at or prior to arraignment, or at such time as the court permits, the defendant provides written notice to the prosecuting attorney that such defendant elects to have this article apply to the defendant’s […]
§ 17-16-3. Copy of Indictment or Accusation and List of Witnesses Furnished
Prior to arraignment, every person charged with a criminal offense shall be furnished with a copy of the indictment or accusation and a list of witnesses that may be supplemented pursuant to the other provisions of this article. History. Code 1981, § 17-16-3 , enacted by Ga. L. 1994, p. 1895, § 4; Ga. L. […]
§ 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
The prosecuting attorney shall, no later than ten days prior to trial, or at such time as the court orders, disclose to the defendant and make available for inspection, copying, or photographing any relevant written or recorded statements made by the defendant, or copies thereof, within the possession, custody, or control of the state or […]
§ 17-16-5. Alibi Witnesses
Upon written demand by the prosecuting attorney within ten days after arraignment, or at such time as the court permits, stating the time, date, and place at which the alleged offense was committed, the defendant shall serve within ten days of the demand of the prosecuting attorney or ten days prior to trial, whichever is […]
§ 17-16-6. Failure to Comply With Discovery Requirements
If at any time during the course of the proceedings it is brought to the attention of the court that the state has failed to comply with the requirements of this article, the court may order the state to permit the discovery or inspection, interview of the witness, grant a continuance, or, upon a showing […]
§ 17-16-7. Statements of Witnesses
No later than ten days prior to trial or at such time as the court permits, or at the time of any post-indictment pretrial evidentiary hearing other than a bond hearing, the prosecution or the defendant shall produce for the opposing party any statement of any witness that is in the possession, custody, or control […]