Title 17 — Criminal Procedure

0 chapters · 345 sections in this title.

345 sectionsFiltered byTitle 17

O.C.G.A. § 17-10-65 Answer by respondent
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As soon as possible after the ﬁling and docketing of the application under this article, the respondent shall answer the application. The court may schedule a case for a hearing prior to the ﬁling of responsive pleadings but, in any event, shall schedule the case for a hearing as…
O.C.G.A. § 17-10-66 Examination of applicant
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(a) By ﬁling an application under this article, the applicant speciﬁcally consents to submit to a state examination for the purposes of assessing mental competency to be executed. (b) Simultaneously with the ﬁling of the application, the applicant, if he or she wishes the court t…
O.C.G.A. § 17-10-67 When application to be ﬁled
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An application under this article shall not be ﬁled until completion of direct appeal and until an order has been signed by a judge of the trial court setting a time period for the execution. History. — Code 1981, § 17-10-67, enacted by Ga. L. 1988, p. 1003, § 2. 17-10-68. Proof;…
O.C.G.A. § 17-10-68 Proof; disposition
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(a) The court may receive proof by depositions, oral testimony, sworn affidavits, or other evidence. (b) The taking of depositions shall be governed by Code Sections 9-11-26 through 9-11-32 and 9-11-37. (c) If a sworn affidavit is to be introduced into evidence by either party, t…
O.C.G.A. § 17-10-69 Prior adjudication as presumption of mental competency
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If an applicant is determined to have previously ﬁled an application under this article and has previously been determined to be mentally competent to be executed, such prior adjudication shall act as a presumption of mental competency and the applicant shall not be entitled to a…
O.C.G.A. § 17-10-7 Brown v
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State, 252 Ga. App. 714, 556 S.E.2d 881, 2001 Ga. App. LEXIS 1359 (2001), cert. denied, No. S02C0476, 2002 Ga. LEXIS 307 (Ga. Mar. 29, 2002). Construed with O.C.G.A. §§ 16-13-26(1)(D) and 16-13-31. — When the total weight of the substances seized from defendant was only 24.4 gram…
O.C.G.A. § 17-10-70 Appeals
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(a) Appeals in cases brought under this article shall be governed by Chapter 6 of Title 5 except that as to ﬁnal orders of the court which are adverse to the applicant, no appeal shall be ordered unless the Supreme Court of this state issues a certiﬁcate of probable cause for the…
O.C.G.A. § 17-10-71 Minors, §17-9-3
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Mitigating circumstances. Consideration in imposing penalty, §17-10-30. Persons required to be present, §17-10-41. Physicians and surgeons.
O.C.G.A. § 17-10-8.1 Fee for legal defense services as condition of probation
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In any case in which a defendant receives legal defense services pursuant to Chapter 12 of Title 17 where the defendant has not paid the application fee required by Code Section 15-21A-6 and the court has not waived such fee at the time of sentencing, the court shall impose such …
O.C.G.A. § 17-10-9 Special presentments
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Against corporations, §17-7-92. NOTICE OF APPEAL. Death penalty cases. Mental incompetents, §17-10-70. Review of pretrial proceeding, §17-10-35.1. NUCLEAR POWER FACILITIES.
O.C.G.A. § 17-10-9.1 Earned time allowance
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Persons sentenced for misdemeanors of a high and aggravated nature, §17-10-4. Restitution as condition, §17-14-3.
O.C.G.A. § 17-11-1 Imposition of costs of prosecution upon defendant generally
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The costs of a prosecution, except the fees of his own witnesses, shall not be demanded of a defendant until after trial and conviction. If convicted, judgment may be entered against the defendant for all costs accruing in the committing and trial courts and by any officer pendin…
O.C.G.A. § 17-11-2 Liability of defendant for costs of witnesses
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No defendant shall be liable for the costs of any witness of the state, unless such witness was subpoenaed, sworn, and examined during the trial, nor for the costs of more than two witnesses testifying on the same point, unless the court shall certify that the question at issue w…
O.C.G.A. § 17-11-20 Short title
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This article shall be known and may be cited as the ‘‘Capital Felony Expense Act.’’ History. — Ga. L. 1979, p. 504, § 1. 17-11-21. Deﬁnitions.
O.C.G.A. § 17-11-21 Deﬁnitions
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As used in this article, the term: (1) ‘‘Capital felony case’’ means a criminal case in which the death penalty may be imposed upon the defendant under the laws of this state. (2) ‘‘Capital felony expenses’’ means expenses incurred by a county and paid from county funds as a dire…
O.C.G.A. § 17-11-22 ROBBERY
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Armed robbery. Bail and recognizance. Appeal bonds, §17-6-1. Unsecured judicial release, offenses not eligible for, §17-6-12. Where offense bailable, §17-6-1. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Bail and recognizance. Armed robbery. Where offense…
O.C.G.A. § 17-11-24 Deﬁnitions, §17-11-21
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Records of capital felony expenses, §17-11-24. Short title, §17-11-20. When payments to be made, §17-11-23. When requests exceed funds appropriated, §17-11-23. Imposition upon county when venue changed, §17-11-5. Imposition upon defendant. Costs of inquest, §17-11-3. Costs of pro…
O.C.G.A. § 17-11-3 Liability of defendant for costs of inquest
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Any person convicted of murder or manslaughter in a case where an inquest has been held concerning the cause of death of the victim shall be charged for the costs of the inquest as part of the costs of prosecution. History. — Orig. Code 1863, § 572; Code 1868, § 636; Code 1873, §…
O.C.G.A. § 17-11-4 Capital felony expense act
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Short title, §17-11-20. Extradition of criminals. Payment of expenses, §17-13-44. Forensic medical examination. Responsibility for costs, §17-5-72. Sexual assault investigations. Free exams, victims’ right, §17-5-72. Malicious prosecution, §17-11-4. Sexual assault. Investigating …
O.C.G.A. § 17-11-5 Payment of costs and expenses when venue changed
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(a) When the venue in a case is changed, the whole costs of the case, jail fees of the person to be tried, and expenses of the trial in the county to which it was transferred shall be paid by the county from which the case was removed. (b) The entire court costs, including the co…
O.C.G.A. § 17-12-1 Short title; Georgia Public Defender Council; responsibilities
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(a) This chapter shall be known and may be cited as the ‘‘Georgia Indigent Defense Act of 2003.’’ (b) The Georgia Public Defender Council shall be an independent agency within the executive branch of state government. (c) The council shall be responsible for assuring that adequat…
O.C.G.A. § 17-12-10 Annual reporting
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(a) Upon request, the council shall prepare annually a report of its activities in order to provide the General Assembly, the Governor, and the Supreme Court of Georgia with an accurate description and accounting of the preceding year’s expenditures and revenue, including moneys …
O.C.G.A. § 17-12-10.1 Legislative oversight committee created; membership; audits
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(a) There is created the Legislative Oversight Committee for the Georgia Public Defender Council which shall be composed of eight persons: three members of the House of Representatives appointed by the Speaker of the House of Representatives, three members of the Senate appointed…
O.C.G.A. § 17-12-10.2 Civil liability
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The members of the council as created by this article, the members of the circuit public defender supervisory panel created by Article 2 of this chapter, and other policy-making or administrative personnel acting in 1290 17-12-10.2 LEGAL DEFENSE FOR INDIGENTS 17-12-11 a policy-ma…
O.C.G.A. § 17-12-11 Mental health advocacy division; duties, responsibilities, and management
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(a) The mental health advocacy division shall represent in any court in this state indigent persons found not guilty by reason of insanity at the time of the crime or found mentally incompetent to stand trial and shall be the successor to the office of mental health advocacy crea…
O.C.G.A. § 17-12-12 Georgia capital defender division; duties, responsibilities, and management
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(a) The Georgia capital defender division shall represent all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state and shall be the successor to the Office of the Georgia Capital Defender created by Article 6 of thi…
O.C.G.A. § 17-12-12.1 Duty to represent, §17-12-12
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Jointly indicted defendants for capital offense. Procedure for trial, §17-8-4. Judges. Duties, §17-10-33. Jury instructions. Verdict, §17-10-31. Lethal injection. Method of execution, §17-10-38. Life imprisonment. Guilty plea. Sentencing of person indicted for capital offense, §1…
O.C.G.A. § 17-12-13 Effective date of article [Repealed]
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17-12-14. Applicability of article [Repealed]. Sec. 17-12-19.1 pealed]. through 17-12-19.14. [Re- Article 2 Public Defenders 17-12-20. Public defender selection panel for each circuit; appointment of public defender; removal; vacancies. 17-12-21. Qualiﬁcations for public defender…
O.C.G.A. § 17-12-14 Applicability of article
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Repealed by Ga. L 2003, p. 191, § 1, effective December 21, 2003. Editor’s notes. — This Code section was based on Ga. L. 1968, p. 999, § 13. ARTICLE 1A REPRESENTATION OF INDIGENTS 17-12-19.1 through 17-12-19.14. Repealed by Ga. L. 2004, Ex. Sess., p. ES3, § 16/HB 1EX, effective …
O.C.G.A. § 17-12-2 Deﬁnitions
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As used in this chapter, the term: (1) ‘‘Assistant public defender’’ means an attorney who is employed by any circuit public defender. (2) ‘‘Circuit public defender’’ means the head of a public defender office providing indigent defense representation within any given judicial ci…
O.C.G.A. § 17-12-20 Responsibilities, §17-12-5
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Support services and programs, §17-12-5. Divisions within office.
O.C.G.A. § 17-12-21 Qualiﬁcations for public defender position
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To be eligible to ﬁll the position of circuit public defender, a person must: (1) Have attained the age of 25 years; (2) Have been duly admitted and licensed to practice law in the superior courts for at least three years; (3) Be a member in good standing of the State Bar of Geor…
O.C.G.A. § 17-12-23 Council
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Georgia public defender council, §§17-12-1 to 17-12-12.1. Deﬁnitions, §17-12-2. Effective date of article. Circuit public defender, §17-12-37. Third-year law students and staff instructors. Assisting in defense of indigent defendants, §17-12-45. Entitlement of indigent to counsel…
O.C.G.A. § 17-12-24 Deﬁned, §17-12-2
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Deputy defenders, employment, §17-12-31. Effective date of article, §17-12-37.
O.C.G.A. § 17-12-25 Salary of public defender; private practice prohibited
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(a) Each circuit public defender shall receive an annual salary of $99,526.00, and cost-of-living adjustments may be given by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the general increase in salary as may from …
O.C.G.A. § 17-12-25.1 Accountability court supplement
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(a) Whenever a circuit has implemented a drug court division, mental health court division, or veterans court division, then on and after January 1, 2016, the state shall pay the circuit public defender in such circuit an annual accountability court supplement of $6,000.00. Such …
O.C.G.A. § 17-12-26 Budget of the council
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17-12-27. Appointment of assistant public defenders; salary; promotions. 17-12-28. Appointment of investigator; role and responsibilities; compensation; promotions. 17-12-29. Employment of supplemental personnel; compensation. 17-12-30. Classiﬁcation of personnel; responsibilitie…
O.C.G.A. § 17-12-27 Deﬁned, §17-12-2
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Georgia bar membership required, §17-12-33. Identiﬁcation card, issuance to, §17-12-27. Private practice of law prohibited, bar membership required, §17-12-33. Promotion to next highest class, §17-12-27. Salary range and advancements, §17-12-27. Attorney’s fees, recovery, §§17-12…
O.C.G.A. § 17-12-29 Employment of supplemental personnel; compensation
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(a) Each circuit public defender is authorized to employ administrative, clerical, and paraprofessional personnel as may be authorized by the council based on funds appropriated by the General Assembly or otherwise available; provided, however, that each circuit public defender s…
O.C.G.A. § 17-12-3 Council created; membership
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(a) There is created the Georgia Public Defender Council to be composed of nine members. Other than county commission members, members of the council shall be individuals with signiﬁcant experience working in the criminal justice system or who have demonstrated a strong commitmen…
O.C.G.A. § 17-12-30 MUNICIPAL COURTS
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Criminal records. Authority to seal, §17-8-6. Littering offenses. Trial of offenses upon summons or citation, §17-7-73. Preliminary commitment hearings. Persons who may hold, §17-7-20. Powers of presiding officer to bind over or commit criminal offenders to jail, §17-7-22. Record…
O.C.G.A. § 17-12-31 Employment of additional personnel
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(a) The circuit public defender in each judicial circuit may employ additional assistant circuit public defenders, deputy circuit public defenders, or other attorneys, investigators, paraprofessionals, clerical assistants, and other employees or independent contractors if the emp…
O.C.G.A. § 17-12-33 Authority, duties and powers
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Personnel employed by defender, §17-12-30. Budget, §17-12-26.
O.C.G.A. § 17-12-34 Pro rata sharing of expenses and resources by counties in each circuit
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The governing authority of the county shall provide, in conjunction and cooperation with the other counties in the judicial circuit and in a pro rata share according to the population of each county, appropriate offices, utilities, telephone expenses, materials, and supplies as m…
O.C.G.A. § 17-12-35 Acceptance of other funding
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A circuit public defender office may contract with and may accept funds and grants from any public or private source. History. — Code 1981, § 17-12-35, enacted by Ga. L. 2003, p. 191, § 1. 17-12-36. Alternative delivery system; annual review of operations by council; record keepi…
O.C.G.A. § 17-12-37 Effective date of article
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This article shall become effective on January 1, 2005; provided, however, that the council and the circuit public defender selection panels shall be authorized to take administrative actions as may be 1317 17-12-40 necessary or appropriate to prepare for and phase-in full implem…
O.C.G.A. § 17-12-4 Authority of council; annual audit
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(a) The council: (1) Shall be a legal entity; (2) Shall have perpetual existence; (3) May contract; (4) May own property; (5) May accept funds, grants, and gifts from any public or private source, which shall be used to defray the expenses incident to implementing its purposes; (…
O.C.G.A. § 17-12-40 Deﬁnitions
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As used in this article, the term: (1) ‘‘Circuit public defender’’ means any circuit public defender of this state or assistants of such officer. (2) ‘‘Criminal proceeding’’ means any investigation, trial, juvenile proceeding, adjudicatory hearing, or other legal proceeding by wh…
O.C.G.A. § 17-12-41 Assistance of public defender by third-year law student or staff instructor
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An authorized third-year law student or staff instructor, when under the supervision of a circuit public defender, may assist in criminal proceedings within this state as if admitted and licensed to practice law in this state except that all pleadings and other entries of record …
O.C.G.A. § 17-12-43 Order of judge
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Clerk of court to keep on ﬁle, §17-12-43. Qualiﬁcation requirements for public defenders. Exceptions to, §17-12-44. Restrictions on assisting, §17-12-41. Veriﬁcation of indigency required, §17-12-80. PUBLIC OFFICERS AND EMPLOYEES. Conversion of public property. Limitation on pros…