Title 17 — Criminal Procedure
0 chapters · 345 sections in this title.
O.C.G.A. § 17-15-13 Delinquent children
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Restitution as condition, §17-14-5. Fees. Legal services, payment. Condition, §17-10-8.1. Public defender’s costs for providing representation. Repayment as condition, §17-12-51. Judge’s authority, §17-10-1.
O.C.G.A. § 17-15-14 Victims of crimes
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Georgia crime victims emergency fund, §§17-15-9, 17-15-10, 17-15-14. G GAME AND FISH CODE. Accusations in misdemeanor cases, §17-7-71. Bonds for violations of laws.
O.C.G.A. § 17-15-15 Responsibility for cost of forensic medical examination
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When a forensic medical examination is conducted, the cost of such forensic medical examination shall be paid for by the fund in an amount not to exceed $1,000.00. The fund shall be responsible for payment of such cost notwithstanding whether the person receiving such forensic me…
O.C.G.A. § 17-15-16 Forensic medical examination
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Defined, §17-15-2. Responsibility for costs, §17-15-15. Funding to victim service providers for disseminating information, §17-15-14. Georgia crime victims compensation board. Appointment of members, §17-15-3. Created, §17-15-3. Criminal justice coordinating council. Service as bo…
O.C.G.A. § 17-15-2 Definitions
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As used in this chapter, the term: (1) ‘‘Board’’ means the Criminal Justice Coordinating Council. (2) ‘‘Claimant’’ means any person filing a claim pursuant to this chapter. (3) ‘‘Crime’’ means: (A) An act which is committed in this state; in a state which does not have a victims’ …
O.C.G.A. § 17-15-3 Duties generally, §17-15-4
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Expenses, §17-15-3. Powers generally, §17-15-4. Restitution. Reduction of award from board by amount of restitution, §17-14-6. Review of director’s decision, §17-15-6. Georgia crime victims emergency fund.
O.C.G.A. § 17-15-4 Powers of board
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(a) The board shall have the following powers and duties: (1) To promulgate suitable rules and regulations to carry out the provisions and purposes of this chapter; (2) To request from the Attorney General, the Department of Public Safety, the Georgia Bureau of Investigation, dis…
O.C.G.A. § 17-15-5 Filing of claims; verification; contents
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(a) A claim may be filed by a person eligible to receive an award, as provided in Code Section 17-15-7, or, if such person is a minor, by his or her parent or guardian. In any case in which the person entitled to make a claim is mentally incompetent, the claim may be filed on his o…
O.C.G.A. § 17-15-6 Georgia crime victims emergency fund
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Administration, §17-15-9. Appropriations, §17-15-9. Compensation payments to be made into fund, §17-15-13. Created, §17-15-9. Insufficiency of fund to pay compensation, §17-15-10. Payments authorized, §17-15-9. Payments to and by fund, §17-14-18. Injury suffered by victim while c…
O.C.G.A. § 17-15-7 Persons eligible for awards
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(a) Except as otherwise provided in this Code section, the following persons shall be eligible for awards pursuant to this chapter: (1) A person who: 1408 17-15-7 (A) Is injured physically, who dies, or who suffers financial hardship as a result of being injured physically as a di…
O.C.G.A. § 17-15-8 Legislative intent
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Definitions. Georgia Crime Victims Compensation Board; members; director of Criminal Justice Coordinating Council. Powers of board. Filing of claims; verification; contents. Investigation; decision by director; review by board; report to claimant. Persons eligible for awards. Requi…
O.C.G.A. § 17-15A-1 Legislative authority
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The provisions of this chapter are enacted pursuant Article III, Section VI, Paragraph VI(f ) of the Constitution and are in addition to those provisions for compensation of innocent victims of other crimes under Chapter 15 of this title. History. — Code 1981, § 17-15A-1, enacted…
O.C.G.A. § 17-15A-3 Legislative findings
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The General Assembly finds and declares that: (1) Criminal street gang activity is a serious and continuing public safety concern; (2) Criminal trespass and criminal damage to property in the second degree caused by graffiti being placed unlawfully upon private property are crimes…
O.C.G.A. § 17-15A-4 Venue, §§17-2-2, 17-2-3
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Change. Costs and expenses, §17-11-5. Defendant arrested, held or present in county other than that in which indictment or accusation is pending, §17-2-4. Issuance of subpoenas, §17-7-151. Procedures, §17-7-150. Subsequent changes, §17-7-152. Transfer of evidence, list of witness…
O.C.G.A. § 17-16-1 Definitions
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As used in this chapter, the term: (1) ‘‘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 prose…
O.C.G.A. § 17-16-10 Misdemeanors
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List of witnesses, §17-16-21. Escapees from correctional institutions. Testimony of other inmates at trial of, §17-8-50. Failure of accused to testify. No presumption, no comment. Commitment hearings, §17-7-28. Felony cases. Recordation of testimony, §17-8-5. Harassment. Temporar…
O.C.G.A. § 17-16-2 Applicability of article
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(a) 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 h…
O.C.G.A. § 17-16-20 Applicability of article
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17-16-21. Right of the defendant to copy of indictment or accusation and list of witnesses. 17-16-22. Right of defendant to copy of statement given while in police custody; failure of prosecution to comply; evidence discovered after filing of request. 17-16-23. Right of defendant …
O.C.G.A. § 17-16-23 Right of defendant to copies of written scientific reports; failure to comply
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(a) As used in this Code section, the term ‘‘written scientific reports’’ includes, but is not limited to, reports from the Division of Forensic Sciences of the Georgia Bureau of Investigation; an autopsy report by the coroner of a county or by a private pathologist; blood alcohol…
O.C.G.A. § 17-16-4 PHYSICIANS AND SURGEONS
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Death penalty. Compelling to participate in execution, prohibition, §17-10-38. Number required to be present at executions, §17-10-41. PHYSICIANS AND SURGEONS —Cont’d Death penalty —Cont’d Participation in executions by medical professionals. Licensure challenge, suspension or re…
O.C.G.A. § 17-16-5 Alibi witnesses
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(a) 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 at…
O.C.G.A. § 17-16-6 Spencer v
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State, 296 Ga. App. 828, 676 S.E.2d 274 (2009). Defendant failed to show prejudice as a result of the trial court’s failure to exclude testimony of the surviving victim based on an alleged discovery violation because, inter alia, the defendant did not seek a recess or continuance…
O.C.G.A. § 17-16-7 Hinds v
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State, 296 Ga. App. 80, 673 S.E.2d 598 (2009). Report disclosed immediately upon receipt by state. — Defendant was not entitled to relief based on an alleged violation of O.C.G.A. § 17-16-4 and failure to remedy the violation under O.C.G.A. § 17-16-6 because the state turned over…
O.C.G.A. § 17-16-8 Lists of names and information concerning witnesses
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(a) The prosecuting attorney, not later than ten days before trial, and the defendant’s attorney, within ten days after compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, shall furnish to the opposing counsel as…
O.C.G.A. § 17-16-9 Criminal history
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Prosecution’s duty to furnish defendant, §17-16-4. Defendant as a witness, §17-16-1. Evidence in aggravation of punishment. Notice to defendant, §17-16-4. Failure to comply with requirements, §17-16-6. Forensic sciences division or other laboratories. Testing or analyzing evidenc…
O.C.G.A. § 17-17-1 Declaration of policy
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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: (1) The right to reasonable, accurate, and timely notice of …
O.C.G.A. § 17-17-10 Definitions, §17-17-3
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Disabled victim. Designation of family member to act in place of, §17-17-4. Effect of provisions, §17-17-15. Enumeration of rights, §17-17-1. Exclusion of victim from criminal proceedings, §17-17-9. Harassment of victim or witness. Temporary restraining orders or protective order…
O.C.G.A. § 17-17-11 Pardon
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Consideration of pardon. Advance notification to victim of consideration of pardon, §17-17-13. Parole.
O.C.G.A. § 17-17-12 APPEARANCES
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Bail and recognizance. Arraignment appearance. Conditioning bail on appearance and proceedings upon failure to appear, §17-6-17. Cash bonds for motor carriers, hazardous materials transportation and road taxes violation. Proceedings upon failure to appear, §17-6-8. Cash bonds for…
O.C.G.A. § 17-17-12.1 Mentally ill
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Proceedings upon plea of insanity or mental competency at time of crime, §17-7-131. Mentally incompetent to be executed, §17-10-60. Nonserious traffic offense. Law enforcement officers, indictment or special presentment, §17-7-52. Nonviolent offense. Competency to stand trial, §1…
O.C.G.A. § 17-17-13 Pretrial release of accused, §17-17-6
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Prompt advance notification of court proceedings, §17-17-8. Release from custody and any judicial proceedings at which such release considered, §§17-17-4, 17-17-7. Impending release of offender from imprisonment. Extended release (more than 60 days), advance notification to victim …
O.C.G.A. § 17-17-14 Appeals
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Failure to provide rights not to constitute basis for error, §17-17-15. Notification of accused’s motion for appeal, §17-17-12. Retention of victims’ rights on appeal, §17-17-12. 1658 INDEX VICTIMS OF CRIMES —Cont’d Crime victims’ bill of rights —Cont’d Attendance at criminal proc…
O.C.G.A. § 17-17-16 Temporary restraining and protective orders
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(a) As used in this Code section, the term: (1) ‘‘Course of conduct’’ spans a series of acts over a period of time, however short, indicating a continuity of purpose. (2) ‘‘Harassment’’ means a course of conduct directed at a specific person that causes substantial emotional distr…
O.C.G.A. § 17-17-2 Short title
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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. 17-17-3. Definitions.
O.C.G.A. § 17-17-3 Definitions
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As used in this chapter, the term: (1) ‘‘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 th…
O.C.G.A. § 17-17-4 Designation of family member to act in place of physically disabled victim
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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. Duri…
O.C.G.A. § 17-17-5 Pardon
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Consideration of pardon. Advance notification to victim of consideration of pardon, §17-17-13. Parole proceedings, notice to victim, §17-17-13. Pretrial release, notice to victim, §17-17-6. Prompt advance notice, §17-17-8.
O.C.G.A. § 17-17-6 Damages, §17-17-15
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Death sentence. Commutation, notice to victim of hearing on request, §17-17-13. Defense counsel not to disclose victim information. Court requiring, §17-17-3. Definitions, §17-17-3. Disabled victim. Family member designated to act in place of, §17-17-4. Disposition of case, expres…
O.C.G.A. § 17-17-7 Bail and recognizance
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Rights of victims. Notification of accused’s release on bail or recognizance, §17-17-12. Compensation, §§17-15-1 to 17-15-16. Acceptance of award. Effect, §17-15-12. Amount of award, §17-15-8. Claims. Contents, §17-15-5. False claims, §17-15-11. Filing, §17-15-5. Rejection, §17-15…
O.C.G.A. § 17-17-9 Waiver of rights by victim, §17-17-15
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Damages. Rights of victims. Failure of responsible person to comply with notification requirements, §17-17-15. Definitions. Rights of victims, §17-17-3. Forensic medical examination. Defined, §17-15-2. Free examination, right to, §17-5-72. Responsibility for costs, §17-15-15. Harass…
O.C.G.A. § 17-17-9.1 PROBABLE CAUSE
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Arrest warrants. Issuance based on, §17-4-40. 1634 INDEX PROBATE COURTS. Hearings. Preliminary commitment hearings. Judges. Persons who may hold, §17-7-20. Judges. Preliminary commitment hearings. Persons who may hold, §17-7-20. Litter. Trial of offenses upon summons or citation,…
O.C.G.A. § 17-18-2 Information for victims of rape or forcible sodomy
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The following information in substantially the form set out in this Code section shall be provided to adult victims of rape or aggravated sodomy in accordance with Code Section 17-18-1: 1548 17-18-2 WRITTEN STATEMENTS OF INFORMATION, ETC. 17-18-2 ‘‘INFORMATION FOR VICTIMS OF RAPE…
O.C.G.A. § 17-20-1 Definitions
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As used in this chapter, the term: (1) ‘‘Fillers’’ means individuals who are not suspects. (2) ‘‘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 wh…
O.C.G.A. § 17-20-2 Definitions
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Written policies for live lineups, photo lineups, and showups. Sec. 17-20-3. Effect of failure to comply with requirements of this chapter.
O.C.G.A. § 17-20-3 Mental competency at time of crime
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Proceedings upon plea, §17-7-131. Mental competency to stand trial. Accused found mentally incompetent to stand trial, §17-7-130. Bona fide doubt as to competency. Court’s duty to inquired into competency, §17-7-129. Civil commitment or release. Accused found mentally incompetent …