O.C.G.A.

O.C.G.A. § 17-17-7 (2019)

Notification to victim of accused’s arrest and proceedings where accused’s release is considered; victim’s right to express opinion in pending proceedings and to file written complaint in event of release

✓ 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) 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 enforcement agency of the accused’s arrest.

(c) Whenever possible, the prosecuting attorney shall notify the victim prior to any proceeding in which the release of the accused will be considered.

(d) Whenever possible, the prosecuting attorney shall offer the victim the opportunity to express the victim’s opinion on the release of the accused pending judicial proceedings.

(e)(1) Whenever possible, the custodial authority shall give prompt notification to a victim of the release of the accused.

(2) Prompt notification of release from a county or municipal jail is effected by placing a telephone call to the telephone number provided by the victim and giving notice to the victim or any person answering the telephone who appears to be sui juris or by leaving an appropriate message on a telephone answering machine.

(3) Notification of release from the custody of the state or any county correctional facility shall be in the manner provided by law.

(f ) If the court has granted a pretrial release or supersedeas bond, the victim shall have the right to file a written complaint with the prosecuting attorney asserting acts or threats of physical violence or intimidation by the accused or at the accused’s direction against the victim or the victim’s immediate family. Based on the victim’s written complaint or other evidence, the prosecuting attorney may move the court that the bond or personal recognizance of an accused be revoked.

History

Code 1981, § 17-17-7, enacted by Ga. L. 1995, p. 385, § 2; Ga. L. 2014, p. 866, § 17/SB 340.

Annotations

JUDICIAL DECISIONS Trial court’s authority to revoke bond. - Even absent specific bail bond conditions prohibiting contact with a victim, a trial court would have authority

under O.C.G.A. § 17-17-7 to revoke a defendant’s bond. Clarke v. State, 228 Ga. App. 219, 491 S.E.2d 450 (1997).

Notes of Decisions

Cited in 4 cases, 1997–2014 · leading case: Hood v. Carsten, 481 S.E.2d 525 (Ga. 1997).

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Hood v. Carsten, 481 S.E.2d 525 (Ga. 1997). · cites it 4× “OCGA § 17-17-7 certainly authorizes the trial court to revoke bail if the defendant commits or threatens to commit acts of physical violence against the victim or the victim's immediate family.”

Clarke v. State, 491 S.E.2d 450 (Ga. Ct. App. 1997). · cites it 4× “Further, even absent specific bail bond conditions prohibiting contact with a victim, a trial court’s authority to revoke a defendant’s bond may be found under OCGA § 17-17-7, which states that the State may move a trial court to revoke a defendant’s bond upon a victim’s…”

Bonner v. State, 757 S.E.2d 118 (Ga. 2014). · cites it 2× “3 Such notification is required “whenever possible” pursuant to OCGA § 17-17-7 (c). 4 The prosecuting attorney testified that she asked this question because she believed that Bonner had opened the door to character evidence when he asked this same police officer if Bonner…”

Pestana v. the State, 762 S.E.2d 178 (Ga. Ct. App. 2014). · cites it 4× “15 OCGA § 17-17-7 (a). 16 OCGA § 17-17-8 (b).”

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.