TITLE 17 CRIMINAL PROCEDURE

Section 17. Crime Victims' Bill of Rights, 17-17-1 through 17-17-16.

ARTICLE 2 MISDEMEANOR CASES

17-17-8. Notification by prosecuting attorney of legal procedures and of victim's rights in relation thereto; victims seeking restitution.

1. 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. Suggested procedures if the victim is subjected to threats or intimidation;
   4. The names and telephone numbers of contact persons at both the office of the custodial authority and in the prosecuting attorney's office; and
   5. The names and telephone numbers of contact persons at the office of the investigating agency where the victim may make application for the return of any of the victim's property that was taken during the course of the investigation, as provided by Code Section 17-5-50.
2. If requested in writing by the victim and to the extent possible, the prosecuting attorney shall give prompt advance notification of any scheduled court proceedings and notice of any changes to that schedule. Court proceedings shall include, but not be limited to, pretrial commitment hearings, arraignment, motion hearings, trial, sentencing, restitution hearings, appellate review, and post-conviction relief. The prosecuting attorney shall notify all victims of the requirement to make such request in writing.
3. 1. In the event the victim seeks restitution, the victim shall provide the prosecuting attorney with his or her legal name, address, phone number, social security number, date of birth, and, if the victim has an e-mail address, his or her e-mail address. The victim shall also provide such information, other than a social security number, to the prosecuting attorney for a secondary contact person in the event the victim cannot be reached after reasonable efforts are made to contact such victim. The prosecuting attorney shall advise the victim of any agency that will receive such information and advise the victim that he or she is responsible for updating such information with the prosecuting attorney while the case involving the victim is pending and that he or she should update the agency with such information after a restitution order has been entered.
   2. The prosecuting attorney shall transmit the information collected in paragraph (1) of this subsection to the Department of Corrections, Department of Community Supervision, Department of Juvenile Justice, or the State Board of Pardons and Paroles, as applicable, if an order of restitution is entered.
   3. The information collected pursuant to paragraph (1) of this subsection shall be treated as confidential and shall not be disclosed to any person outside of the disclosure provided by this subsection; such information shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records, or subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding.

(Code 1981, §17-17-8, enacted by Ga. L. 1995, p. 385, § 2; Ga. L. 2010, p. 214, § 10/HB 567; Ga. L. 2015, p. 422, § 5-41/HB 310.)

The 2015 amendment, effective July 1, 2015, inserted "Department of Community Supervision," in paragraph (c)(2). See Editor's notes for applicability.