Title 17

The board shall be authorized to designate and expend not more than 10 percent of the moneys collected and paid into the fund pursuant to paragraph (1) of subsection (b) of Code Section 17-15-9 and Code Section 17-15-13 to provide funding to victim service providers for the purpo…

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…

(a) When a forensic interview is conducted and when funding is available, the cost of such interview for a person who is less than 18 years of age or developmentally disabled may be paid for by the fund in an amount to be determined by the board. (b) The board shall develop stand…

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’ …

(a) There is created the Georgia Crime Victims Compensation Board. The Criminal Justice Coordinating Council created under Chapter 6A of Title 35 shall serve as the Georgia Crime Victims Compensation Board. (b) The Governor shall appoint the director of the Criminal Justice Coord…

(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…

(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…

(a) A claim, once accepted for filing and completed, shall be assigned to an investigator. The investigator shall examine the papers filed in support of the claim and cause an investigation to be conducted into the validity of the claim. The investigation shall include, but shall n…

(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: (A) Is injured physically, who dies, or who suffers financial hardship as a result of being injured physically as a direct result o…

(a) No award may be made unless the board or director finds that: (1) A crime was committed; (2) The crime directly resulted in the victim’s physical injury, serious mental or emotional trauma, or financial hardship as a result of the victim’s physical injury, serious mental or emo…

(a) There is created a fund to be known as the Georgia Crime Victims Emergency Fund. The custodian of the fund shall be the board. The director shall administer the fund and may invest the resources of the fund in the same manner and fashion that an insurer authorized to issue co…

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…

As used in this chapter, the term ‘‘graffiti’’ means any inscriptions, words, figures, paintings, or other defacements that are written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of real property or improvements thereon …

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…

(a) In order to provide a form of compensation by the state to innocent victims of criminal trespass in violation of Code Section 16-7-21 or criminal damage to property in the second degree in violation of Code Section 16-7-23, either of which crime involved the unlawful placemen…

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…

The defendant need not include in materials and information furnished to the prosecuting attorney under this article any material or information which the prosecuting attorney has already furnished to the defendant under this article. The prosecuting attorney need not include in …

(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…

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. …

(a)(1) 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 t…

(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…

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…

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…

(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…

Any party providing documents or statements to another party under this article shall be reimbursed for the actual cost incurred in providing such documents. If the court has determined the defendant to be indigent, the court shall determine the means of reimbursement. History. —…

The provisions of this article shall apply only to misdemeanor cases or to felony cases docketed, indicted, or in which an accusation was returned prior to January 1, 1995, if the prosecuting attorney and the defendant do not agree in writing that the provisions of Article 1 of t…

Prior to arraignment, every person charged with a criminal offense shall be furnished with a copy of the indictment or accusation and, on demand, with a list of the witnesses on whose testimony the charge against such person is founded. Without the consent of the defendant, no wi…

(a) At least ten days prior to the trial of the case, the defendant shall be entitled to have a copy of any statement given by the defendant while in police custody. The defendant may make such request for a copy of any such statement, in writing, within any reasonable period of …

(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…

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 …

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 t…

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: (1) Plea or sentence negotiations; and (2) Participation in pretrial or post-conviction diversion …

(a) Upon the written request of the victim, the prosecuting attorney shall notify the victim of the following: (1) That the accused has filed a motion for new trial, an appeal of his or her conviction, or an extraordinary motion for new trial; (2) Whether the accused has been rele…

(a) 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 …

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 opportuni…

(a) 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: (1) The investigating law enforcement agency; (2) The prosecutin…

(a) 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. (b) Failure to provide a victim with any of the rights…

(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…

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: (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…

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…

(a) All victims, wherever practicable, shall be entitled to notification of: (1) The accused’s arrest; (2) The accused’s release from custody; (3) Any judicial proceeding at which the release of the accused will be considered; (4) An escape by the accused and his or her subsequent…

(a) 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 b…

(a) 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: (1) The possibility of pretrial release of the accused, the victim’s rights and role in the stages of the crimin…

(a) 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. (b) The arresting law enforcement agency shall promptly notify the investigating law enforceme…

(a) Upon initial contact with a victim, a prosecuting attorney shall give prompt notification to the victim of the following: (1) The procedural steps in processing a criminal case including the right to restitution; (2) The rights and procedures of victims under this chapter; (3)…