2010 Georgia Code 15-11-64-2 Case Law

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O.C.G.A. § 15-11-64-1 <-- --> O.C.G.A. §15-11-64

2010 Georgia Code


§ 15-11-64.2 - Victim impact form in delinquency proceedings

O.C.G.A. 15-11-64.2 (2010)
15-11-64.2. Victim impact form in delinquency proceedings.

(a) In any delinquency proceeding in which a petition has been filed, the juvenile court shall notify any victim of a delinquent child's alleged delinquent act that the victim may submit a victim impact form as provided in Code Section 17-10-1.1 if:

(1) The allegedly delinquent child, in conduct which would constitute a felony if committed by an adult, caused physical, psychological, or economic injury to the victim; or

(2) The allegedly delinquent child, in conduct which would constitute a misdemeanor if committed by an adult, caused serious physical injury or death to the victim.

(b) The provisions of subsection (e) of Code Section 17-10-1.1 shall apply to the use and disclosure of the victim impact form.

(c) The victim may complete the victim impact form and submit such form to the juvenile court. If the victim is unable to do so because of such victim's mental, emotional, or physical incapacity, or because of such victim's age, the victim's attorney or a family member may complete the victim impact form on behalf of the victim.

(d) Prior to the imposition of a dispositional order for an allegedly delinquent child, the juvenile court shall permit the victim to address the juvenile court and present any information or opinions that concern the victim or the victim's family, including the impact of the delinquent act on the victim, the harm caused by the allegedly delinquent child and the delinquent act, the need for restitution, or the terms of the disposition order. Such statement shall be given in the presence of the allegedly delinquent child and shall be subject to cross-examination. The prosecuting attorney and the allegedly delinquent child shall be afforded the opportunity to explain, support, or deny the victim's statement. It shall be the duty of the juvenile court to advise the victim of the right to address the court prior to the entry of a dispositional order for a delinquent child. The victim shall have the discretion to exercise the right to be present and be heard at the dispositional hearing. If the victim is voluntarily absent from the dispositional hearing, such absence shall constitute a waiver of the rights provided by this subsection.

(e) Except as provided in subsection (d) of this Code section, no disposition of the child shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of the victim, the state, or the accused; provided, however, that if the court intentionally fails to comply with this Code section, the victim may file a complaint with the Judicial Qualifications Commission.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726