O.C.G.A.

O.C.G.A. § 17-17-5 (2019)

Notification to victim of accused’s arrest, release, judicial proceedings, escape, and violations of electronic release and monitoring program

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(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 rearrest; and

(5) If the accused is released from custody and the terms or conditions of such release require that the accused participate in an electronic release and monitoring program, the accused’s violation of the terms or conditions of the electronic release and monitoring program, provided that an arrest warrant has been issued for the accused and the accused is prohibited from contacting the victim.

(b) No such notification shall be required unless the victim provides a current address and telephone number to which such notice can be directed.

(c) The criminal justice agency having knowledge of an event described in subsection (a) of this Code section shall provide notice to the victim of such event. Such agency shall advise the victim of his or her right to notification pursuant to this chapter and of the requirement of the victim’s providing a current address and telephone number to which the notification shall be directed. Such victim shall transmit the telephone number described in this subsection to the appropriate criminal justice agency or custodial authority as provided for in this chapter.

History

Code 1981, § 17-17-5, enacted by Ga. L. 1995, p. 385, § 2; Ga. L. 2010, p. 214, § 8/HB 567.

Annotations

Law reviews. - For article, ‘‘Criminal Procedure,’’ see 27 Ga. St. U.L. Rev. 29 (2011).

For article, ‘‘The Georgia Roundtable Discussion Model: Another Way to Approach Reforming Rape Laws,’’ see 20 Ga. St. U.L. Rev. 565 (2004).

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2014–2021 · leading case: Pestana v. the State, 762 S.E.2d 178 (Ga. Ct. App. 2014).
Pestana v. the State, 762 S.E.2d 178 (Ga. Ct. App. 2014). · cites it 4× “14 OCGA § 17-17-5 (a). 15 OCGA § 17-17-7 (a).”
State v. Dylan Jordan Grant (Ga. Ct. App. 2021). · cites it 2× “The parties did not complete the plea proceedings for the new charges that day because the victim had not been notified as required by law, see OCGA § 17-17-5, so those plea proceedings were continued.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.