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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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.
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Upon initial contact with a victim, a prosecuting attorney shall give prompt notification to the victim of the following: The procedural steps in processing a criminal case including the right to restitution; The rights and procedures of victims under this chapter; Suggested procedures if the victim is subjected to threats or intimidation; The names and […]
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 […]
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 […]
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 […]
