O.C.G.A. § 17-20-3 (2019)
Effect of failure to comply with requirements of this chapter
The court may consider the failure to comply with the requirements of this chapter with respect to any challenge to an identification; provided, however, that such failure shall not mandate the exclusion of identification evidence.
History
Code 1981, § 17-20-3, enacted by Ga. L. 2015, p. 1046, § 4/SB 94.
Annotations
JUDICIAL DECISIONS Noncompliance. - Defendant failed to show that trial counsel was ineffective
for failing to move to suppress a photo identification made by one of the victims
because noncompliance with O.C.G.A. § 17-20-2 would not result in the automatic exclusion of the identification, and none of the circumstances, including the prosecutor’s failure to read an admonition form to the victim prior to handing the
victim the phone, amounted to an unduly suggestive lineup procedure. Roseboro v. State, 308 Ga. 428, 841 S.E.2d 706 (2020). Cited in Curry v. State, 305 Ga. 73, 823 S.E.2d 758 (2019).
RESEARCH REFERENCES ALR. - Criminal defendant’s age or height as factor in determination of whether circumstances of witness’s identification of defendant in photographic ar-
ray shown by police to witness were impermissibly suggestive as matter of federal constitutional law, 102 A.L.R.6th 365.
Index A ABANDONMENT. Children. Sentence modification, suspension or probation. Payment of child support as condition, §17-10-1. Minors. Sentence modification, suspension or probation. Payment of child support as condition, §17-10-1. Support of spouse and minor child. Sentence modification, suspension or probation. Child support payment as condition, §17-10-1. ABANDONMENT OF CHILD. Sentence modification, suspension or probation. Payment of child support as condition, §17-10-1. ABDUCTION OF PERSONS. Bail and recognizance. Appeal bonds, §17-6-1. Where offense bailable, §17-6-1. Kidnapping. Bail and recognizance. Unsecured judicial release, offenses not eligible for, §17-6-12. Child witnesses. Presence of accused, testimony outside of, §17-8-55. ACCOUNTABILITY COURTS. Public defenders. Circuit public defender. Compensation. Accountability court salary supplement, §§17-12-25, ACCUSATIONS, §§17-7-70 to 17-7-73. Trial in certain felony and misdemeanor cases, §17-7-70.1. ACID. Mayhem by use of poison or acid. Simple battery generally. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
ACQUITTAL. Costs. When costs imposed upon prosecutor, §17-11-4. Direction of verdict, §17-9-1. Jointly indicted defendants. Acquittal or conviction where offense requires joint action or concurrence, §17-8-4. Lack of prosecution after demand for trial, §17-7-170. Capital cases and cases in which death penalty is sought, §17-7-171. Mentally ill. Plea of insanity or mental incompetency at time of crime. Proceedings upon generally, §17-7-131. Pretrial proceedings. Demand for trial. Capital cases. Discharge and acquittal where no trial held before end of two court terms, §17-7-171. Discharge and acquittal for lack of prosecution, §17-7-170. Profits of crimes. Escrow moneys. Disposition upon acquittal, §17-14-31. ACTIONS. Attorney general. Plaintiff in penal action, §17-1-2. Criminal actions. Maintenance, §17-1-2. Governor. Plaintiff in penal action, §17-1-2. Voidable transactions. Restitution. Action to set aside deceptive transfers under voidable transactions act, §17-14-17. ADMISSIONS. Continuances. Criminal trials. Admission by opposing party of facts to be proved. Effect upon allowance of continuance, §17-8-32.
INDEX AFFIDAVITS. Arrest. Contents, §17-4-41. Form of affidavit for arrest warrant, §17-4-45. Warrants issued by video conference, §17-4-47. Extradition of criminals. Applications for requisitions. Fugitives from justice of state of Georgia, §17-13-1. Harassment of victim or witness in criminal case. Temporary restraining orders, §17-17-16.
AGGRAVATED CHILD MOLESTATION - Cont’d Prosecution of offense. Time where victim under sixteen years of age, §17-3-2.1.
AGED PERSONS. Assault. Simple assault against person 65 years of age or over. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Battery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Limitation on prosecutions. Victim 65 or older, §17-3-2.2. Vulnerable adults. Arrest by law enforcement officers, §17-4-20.
AGGRAVATED SODOMY. Bail and recognizance. Unsecured judicial release, offenses not eligible for, §17-6-12. Where offense bailable, §17-6-1. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Information for victims, §§17-18-1, Sexual assault protocol. Investigating sexual assault, §§17-5-70 to 17-5-73. Time of prosecution. Where victim under sixteen years of age, §17-3-2.1.
AGGRAVATED ASSAULT. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. Sentencing certain juveniles, §17-10-14.
AGGRAVATED STALKING. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
AGGRAVATED SEXUAL BATTERY. Bail and recognizance. Unsecured judicial release, offenses not eligible for, §17-6-12. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Sexual assault protocol. Investigating sexual assault, §§17-5-70 to 17-5-73.
AGGRAVATED BATTERY. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. Child witnesses. Presence of accused, testimony outside of, §17-8-55. AGGRAVATED CHILD MOLESTATION. Bail and recognizance. Appeal bonds, §17-6-1. Unsecured judicial release, offenses not eligible for, §17-6-12. Where offense bailable, §17-6-1. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
AGGRAVATING CIRCUMSTANCES. Death penalty, §§17-10-2, 17-10-30 to AIDS. HIV tests. Person convicted of AIDS transmitting crime. Report of results, §17-10-15. Reporting requirements. Persons convicted of AIDS transmitting crimes. Results of HIV test, §17-10-15. Transmitting crimes. Requiring defendant to submit to HIV test and report of results, §17-10-15.
INDEX AIRCRAFT. Hijacking. Bail and recognizance. Appeal bonds, §17-6-1. Where offense bailable, §17-6-1. Death penalty. Imposition authorized, §17-10-30. ALCOHOLIC BEVERAGES. Minors. Identification of purpose of purchasing. Fake ID’s. Arrest by citation, §17-4-23. Purchase or possession by persons under 21. Arrest by citation, §17-4-23. Trial upon summons or citation without accusation, §17-7-72. Prohibited acts. Minors. Identification for purpose of purchasing. Fake ID’s. Arrest by citation, §17-4-23. Purchase or possession by persons under 21. Arrest by citation, §17-4-23. Trial upon summons or citation without accusation, §17-7-72. ALIENS. Bail and recognizance. Forfeitures. Deportation. Conditions not warranting forfeiture for failure to appear, §17-6-72. Criminal investigations. Investigation of illegal alien status, §17-5-100. Witness’ or victim’s immigration status not investigated, §17-5-100. Enforcement of immigration laws in state. Criminal investigations. Investigation of illegal alien status, §17-5-100. Witness’ or victim’s immigration status not investigated, §17-5-100. Extradition of criminals. Arrest and delivery to authorities, §17-13-4.
ALIENS - Cont’d Illegal aliens. Criminal investigations. Investigation of status, §17-5-100. Witness’ or victim’s immigration status not investigated, §17-5-100. Peace officers. Enforcement of immigration laws. Criminal investigations. Investigation of illegal alien status, §17-5-100. Investigation of illegal status. Witness’ or victim’s immigration status not investigated, §17-5-100. AMENDMENTS. Bail and recognizance. Amendments of bond, §17-6-18. AMMUNITION. Evidence. Custody, storage and disposal of dangerous contraband, §17-5-55. ANAL INTERCOURSE. Sodomy. Bail and recognizance, §17-6-1. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Information for victims, §§17-18-1, Time of prosecution where victim under sixteen years of age, §17-3-2.1. ANATOMICAL GIFTS. Drivers’ licenses. Examination of license at scene of motor vehicle accident, §17-6-11. Motor vehicle accidents. Examination of driver’s license at scene of accident, §17-6-11. ANIMALS. Law enforcement agencies. Disposition of property in custody of agency, §17-5-54. APPEALS. Appeal bonds, §17-6-1. Crime victims’ bill of rights. Failure to provide rights not to constitute basis for error, §17-17-15.
INDEX APPEALS - Cont’d Crime victims’ bill of rights - Cont’d Notification to victim of accused’s motion for appeal, §17-17-12. Retention of rights on appeal, §17-17-12. Criminal procedure. Capital cases. Death sentence, §17-10-35. Mentally incompetent to be executed, §17-10-70. Pretrial rulings. Hearings to determine appropriateness of interim appellate review of pretrial rulings, §17-10-35.2. Review of pretrial proceedings in cases in which death penalty sought, §17-10-35.1. Unified review procedure. Establishment by supreme court, §17-10-36. Venue. Denial of change, §17-7-150. Pretrial proceedings. Cases in which death penalty sought, §17-10-35.1. Hearing to determine appropriateness of interim appellate review of pretrial rulings, §17-10-35.2. Sentencing proceedings. Victim impact statements. Noncompliance with statutory provisions, §§17-10-1.1, Serious violent offenders. State appeal where punishment not in conformance with provisions, §17-10-6.1. State appeal or certiorari. Serious violent offenders, §17-10-6.1. Death penalty, §17-10-35. Mentally incompetent to be executed. Proceedings to establish incompetency, §17-10-70. Pretrial proceedings. Hearing to determine appropriateness of interim appellate review, §17-10-35.2. Review of pretrial proceedings in cases in which death penalty sought, §17-10-35.1. Unified review procedure. Establishment by supreme court, §17-10-36.
APPEALS - Cont’d Public defenders. Circuit public defender. Removal, §17-12-20. Sentencing. Serious violent offenders. State appeal where sentence imposed not in conformance with provisions, §17-10-6.1. Victim impact statements. Noncompliance with statutory provisions, §§17-10-1.1, Victims of crimes. Rights of victims. Failure to provide rights not to constitute basis for error, §17-17-15. Notification of accused’s motion for appeal, §17-17-12. Retention of rights on appeal, §17-17-12. APPEARANCES. Bail and recognizance. Arraignment appearance. Conditioning bail on appearance and proceedings upon failure to appear, §17-6-17. Cash bonds for motor carriers, hazardous materials transportation and road taxes violation. Proceedings upon failure to appear, §17-6-8. Cash bonds for traffic, game, fish, boating or litter law violations. Proceedings upon failure to appear, §17-6-8. Cash bonds for violations of ordinances or other offenses against municipalities. Effect of failure to appear in court, §17-6-10. Driver’s license display in lieu of bail, recognizance or incarceration, §17-6-11. Forfeiture of bond on principal’s failure to appear, §17-6-31. Securing appearance by including address of principal and surety on bond or recognizance, §17-6-73. Unsecured judicial release (release on own recognizance). Effect of failure to appear, §17-6-12.
INDEX APPEARANCES - Cont’d Bail and recognizance - Cont’d Use of bail bond posted for preliminary hearing for trial appearance, §17-6-14. Failure to appear. Bail and recognizance. Forfeiture of bond on principal’s failure to appear, §17-6-31. Unsecured judicial release (release on own recognizance). Effect of failure to appear, §17-6-12. Game fish or boating violation. Failure to appear after giving cash bond, §17-6-8. Litter violations. Failure to appear after giving cash bond, §17-6-8. Motor carriers, hazardous materials transportation, road taxes violations. Failure to appear after giving cash bond, §17-6-8. Traffic violations. Failure to appear after giving cash bond, §17-6-8. Game, fish or boating violations. Failure to appear after giving cash bond, §17-6-8. Litter violations. Failure to appear after giving cash bond, §17-6-8. Motor carriers, hazardous transportation and road taxes violations. Failure to appear after giving cash bond, §17-6-8. Ordinance or other municipal violation. Failure to appear after giving cash bond, §17-6-10. Traffic violations. Failure to appear after giving cash bond. Proceedings upon failure to appear, §17-6-8. APPOINTMENT OF COUNSEL. Indigent defendants. Legal defense for indigents generally, §§17-12-1 to 17-12-80.
ARMED ROBBERY. Bail and recognizance. Appeal bonds, §17-6-1. Unsecured judicial release, offenses not eligible for, §17-6-12. Where offense bailable, §17-6-1. Child witnesses. Presence of accused, testimony outside of, §17-8-55. ARRAIGNMENTS, §§17-7-90 to Appearance bonds and recognizances. Conditioning bond and recognizances on appearance and proceedings upon failure to appear, §17-6-17. Date, §17-7-91. Notice and service of notice, §17-7-91. Pleas, §17-7-93. Entering plea on indictment or accusation, §17-7-96. Failure of clerk to record plea. Effect, §17-7-97. Guilty pleas. Recordation and pronouncement of judgment, §17-7-93. Withdrawal, §17-7-93. No contest pleas, §17-7-95. Not guilty pleas. Recordation and effect, §17-7-94. Where demurrer or special plea denied, §17-7-111. Receipt and entering of plea, §17-7-91. Silence of accused. Recordation and effect, §17-7-94. Special pleas, §17-7-111. Reading of indictment or accusation, §17-7-93. Recordation. Failure of clerk to record arraignment. Effect, §17-7-97. Not guilty plea and silence of accused, §17-7-94. ARREST, §§17-4-1 to 17-4-62. Acts constituting, §17-4-1. Affidavits. Contents, §17-4-41. Form of affidavit for arrest warrant, §17-4-45. Warrants issued by video conference, §17-4-47.
INDEX ARREST - Cont’d Arrested persons, §§17-4-21 to 17-4-27, 17-4-40, 17-4-61. Duty of arresting officer to take before judicial officer, §17-4-21. County in which offense alleged to have been committed, §17-4-25. Duty of person making arrest to take before judicial or peace officer, §17-4-61. Time limitation, §17-4-26. Duty to maintain information about persons arrested by law enforcement officers, §17-4-27. Holding or imprisonment in county other than one in which offense committed, §17-4-25. Medical facilities. Transportation to, §17-4-25.1. Notice of time and place of commitment hearing, §17-4-26. Effect of failure to notify, §17-4-26. Race, creed or national origin. Impact on authority of peace officers to make arrest, §17-4-22. Transportation outside county or municipality, §17-4-25.1. Transportation to county in which offense is alleged to have been committed, §§17-4-25, 17-4-25.1. Who may issue warrants for arrest of, §17-4-40. Bench warrants, §17-7-90. Bond to prosecute. Warrants. Required by judicial officer, §17-4-43. By law enforcement officers. Generally, §§17-4-20 to 17-4-29. Citizen arrest. Duty to take arrested person before judicial or peace officer, §17-4-61. Time limitation, §17-4-62. Grounds for arrest, §17-4-60. Posse, §17-4-24. Crime victims’ bill of rights. Notification to victim of accused’s arrest, §§17-17-5, 17-17-7. Deadly force. Use, §17-4-20. Deaf and hearing impaired persons. Interpreters provided. Duty of arresting agency, §17-4-30.
ARREST - Cont’d Discrimination in making arrest. Authority of peace officers not to be denied because of race, creed, etc., of officers or persons arrested, §17-4-22. Extradition of criminals. Aliens, §17-13-4. Arresting officers. Authority, §17-13-29. Refusal to assist, §17-13-29. Execution of warrants for arrest, §17-13-5. Manner and place of execution of governor’s warrant, §17-13-28. Issuance of another warrant of arrest by governor, §17-13-41. Issuance of governor’s warrant of arrest, §17-13-27. Persons charged with crimes in other states. Arrest under warrant based upon oath or affidavit of another person, §17-13-33. Arrest without warrant, §17-13-34. Procedure where accused not arrested within time specified in warrant, §17-13-37. Recall of warrant of arrest by governor, §17-13-41. Recitals required in governor’s warrant, §17-13-27. Rights of accused, §17-13-30. Waiver of warrant for arrest. Execution and filing of written waiver by accused, §17-13-46. False arrest. By private person. Liability of peace officer taking custody of arrested person, §17-4-61. Family violence, §§17-4-20, 17-4-20.1. Forcible entry into private dwellings. Right of entry pursuant to execution of arrest warrant, §17-4-3. Fugitives. Extradition process, §§17-13-4, Arresting officers. Authority, §17-13-29. Refusal to assist, §17-13-29. Execution of warrants, §§17-13-5, Issuance of another warrant by governor, §17-13-41.
INDEX ARREST - Cont’d Fugitives - Cont’d Extradition process - Cont’d Issuance of governor’s warrant, §17-13-27. Persons charged with crimes in other states. Arrest under warrant based upon oath or affidavit of another person, §17-13-33. Arrest without warrant, §17-13-34. Procedure where accused not arrested within time specified in warrant, §17-13-37. Recall of warrant of arrest by governor, §17-13-41. Recitals required in governor’s warrant, §17-13-27. Rights of accused, §17-13-30. Waiver of issuance and service of warrant for arrest. Execution and filing of written waiver by accused, §17-13-46. Hearings. Warrant application, §17-4-40. Indorsements. Arrest warrants, §17-4-44. Interpreters for arrested hearing impaired person. Duty of arresting agency to provide, §17-4-30. Judicial officers. Duty of arresting officer to take before judicial officer, §§17-4-21, 17-4-25. Time limitation, §17-4-26. Duty of private person making arrest to take arrested person before judicial officer, §17-4-61. Time limitation, §17-4-62. Issuance of warrants, §17-4-40. Law enforcement agencies. Duty to maintain information about persons arrested by law enforcement officers, §17-4-27. Law enforcement officers. Arrest of peace officer. Persons who may issue warrants, §17-4-40. Authority to make arrest, §17-4-20. Counties of state, §17-4-25. Denial because of race, creed or national origin, §17-4-22. Collecting or receiving costs or other charges of prosecutor or defendant before warrant returned, §17-4-29.
ARREST - Cont’d Law enforcement officers - Cont’d Deadly force. Use, §17-4-20. Dismissal or settlement of warrant. Advising, encouraging or procuring, §17-4-28. Duty to take arrested person before judicial officer, §17-4-21. County in which offense is alleged to have been committed, §17-4-25. Time limitation, §17-4-26. Execution of penal warrants. Duty, §17-4-24. Persons who may issue warrants, §17-4-40. Private persons making arrest. Duty and liability of peace officer taking custody of arrested person, §17-4-61. Taking arrested person to peace officer, §17-4-61. Time limitation, §17-4-62. Searches pursuant to lawful arrest, §§17-5-1, 17-5-2. Warrants generally, §§17-4-40 to Military personnel. Active personnel. Privilege from arrest, §17-4-2. Motor vehicle violations. Procedure, §17-4-23. Ordinances. Adoption or promulgation of conflicting ordinances, §17-4-20. Policies. Adoption or promulgation of conflicting policies, §17-4-20. Private persons making arrest. Duty to take arrested person before judicial or peace officer, §17-4-61. Time limitation, §17-4-62. Grounds for arrest, §17-4-60. Posse, §17-4-24. Privilege from arrest. Active duty military personnel, §17-4-2. Records. Open for public inspection, §17-4-27. Resolutions. Adoption or promulgation of conflicting resolutions, §17-4-20. Rules and regulations. Adoption or promulgation of conflicting regulations, §17-4-20.
INDEX ARREST - Cont’d Searches pursuant to lawful arrest. Authorized, §17-5-1. Inventory and return of items seized, §17-5-2. Traffic offenses. Violations of traffic laws, §17-4-23. Transportation of arrested person, §§17-4-25, 17-4-25.1. Victims of crimes. Rights of victims. Notification of accused’s arrest, §§17-17-5, 17-17-7. Video conference. Issuance of warrants by, §17-4-47. Vulnerable adults, §17-4-20. Warrantless arrests. Authority of law enforcement officer, §17-4-20. Extradition process. Persons charged with crimes in other states, §17-13-34. Warrants, §§17-4-40 to 17-4-47. Affidavits. Contents, §17-4-41. Form, §17-4-45. Video conference, warrant issued by, §17-4-47. Application hearings. Application by persons other than law enforcement officers, §17-4-40. Presentation of evidence, cross-examination of witnesses, §17-4-40. Rules of evidence at commitment hearings. Applicability, §17-4-40. Authority of law enforcement officer to arrest, §17-4-20. Bench warrants, §17-7-90. Bond to prosecute. Required by judicial officer, §17-4-43. Contents, §17-4-41. Dismissal advising, encouraging or procuring by arresting officer, §17-4-28. Evidence. Inapplicability of rules in proceedings for issuance, §17-4-40. Execution. Duty of law enforcement officers, §17-4-24.
ARREST - Cont’d Warrants - Cont’d Execution - Cont’d Right of forcible entry into private dwellings pursuant to execution, §17-4-3. Without backing or indorsement of judicial officer in county where warrant is executed, §17-4-44. Extradition of fugitives, §17-13-5. Execution of warrants, §§17-13-5, Issuance of another warrant by governor, §17-13-41. Issuance of governor’s warrant, §17-13-27. Persons charged with crimes in other states. Arrest under warrant based upon oath or affidavit of another person, §17-13-33. Procedure where accused not arrested within time specified in warrant, §17-13-37. Recall of warrant by governor, §17-13-41. Recitals required in governor’s warrant, §17-13-27. Waiver of warrant for arrest. Execution and filing of written waiver by accused, §17-13-46. Form, §17-4-46. Affidavit, §17-4-45. Immediate issuance by judge. Application by persons other than peace or law enforcement officers, §17-4-40. Issuance. Counties in which issuable, §17-4-44. Special warrants, §17-4-42. Who may issue, §17-4-40. Law enforcement of peace officers. Issuance for arrest of officer. Alleged offense committed in performance of duties, §17-4-40. Persons other than peace or law enforcement officers, §17-4-40. Probable cause. Issuance based on, §17-4-40. Return of warrant. Collecting or receiving costs or other charges of prosecutor or defendant by arresting officer before return, §17-4-29.
INDEX ARREST - Cont’d Warrants - Cont’d Rules of evidence. Inapplicability of rules in proceedings for issuance, §17-4-40. School administrators. Issuance for arrest of administrator. Alleged offense committed in performance of duties, §17-4-40. Settlement. Advising, encouraging or procuring by arresting officer, §17-4-28. Special warrants, §17-4-42. Teachers. Issuance for arrest of teacher. Alleged offense committed in performance of duties, §17-4-40. Video conference, issuance by, §17-4-47. What constitutes, §17-4-1. ARREST OF JUDGMENT, §§17-9-60 to 17-9-63. Grounds for motion. Defects in pleadings or record aided by verdict or amendable, §17-9-62. Generally, §17-9-61. Matters not relating to merits of offense charged, §17-9-63. Jurisdiction of motion, §17-9-60. Notification of opposing parties, §17-9-60. Time for motion. Generally, §17-9-61. ASPORTATION. Enticing child for indecent purposes. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Kidnapping. Child witnesses. Presence of accused, testimony outside of, §17-8-55. ASSAULT. Aggravated assault. Bail and recognizance. Where offense bailable, §17-6-1. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. Sentencing certain juveniles, §17-10-14.
ASSAULT - Cont’d Pregnant woman. Simple assault. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Sexual assault. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Investigating sexual assault, §§17-5-70 to 17-5-73. Protocol. Definitions, §17-5-70. Investigating sexual assault, §§17-5-70 to 17-5-73. Simple assault. Child witnesses. Presence of accused, testimony outside of, §17-8-55. ASSIGNMENTS. Wages. Restitution, §17-14-14. ASSISTED LIVING COMMUNITIES. Battery by agent, employee or volunteer against patient. Child witnesses. Presence of accused, testimony outside of, §17-8-55. ATTORNEY-CLIENT PRIVILEGE. Crime victims’ bill of rights. Communications with victim assistance personnel privileged, §17-17-9.1. ATTORNEY GENERAL. Actions. Plaintiff in penal action, §17-1-2. Capital punishment. Order of execution. Copy to be sent to attorney general, §17-10-40. Sentencing. Imposition of death sentence. Copy of sentence to be sent to attorney general, §17-10-33. Continuances. Grounds for continuance, §17-8-27. Criminal cases. Attorney general in attendance at general assembly, §17-8-27. Criminal law and procedure. Maintenance of criminal actions, §17-1-2.
INDEX ATTORNEY GENERAL - Cont’d Extradition. Uniform criminal extradition act. Demand for extradition. Investigation of case upon receipt of demand, §17-13-26. Habeas corpus. Defense of habeas corpus actions, §17-13-31. General assembly. Continuances. Grounds for continuance. Attorney general in attendance at general assembly, §17-8-27. Habeas corpus. Extradition. Defense of habeas corpus actions, §17-13-31. Plaintiff in penal action, §17-1-2. ATTORNEYS. Appointment of counsel. Indigent defendants. Legal defense for indigents generally, §§17-12-1 to 17-12-80. Circuit public defenders. Generally, §§17-12-20 to 17-12-37. Closing statements. Criminal cases, §§17-8-71 to 17-8-74. Court appointed counsel. Indigent defendants. Legal defense for indigents generally, §§17-12-1 to 17-12-80. Criminal procedure. Argument of counsel, §§17-8-70 to Indigent defense programs. Generally, §§17-12-1 to 17-12-80. Indigent persons. Indigent defense programs. Generally, §§17-12-1 to 17-12-80. Law students. Third-year law students. Assisting in defense of indigent defendants, §§17-12-40 to Practice of law. Assistant public defenders. Private practice of law prohibited, §17-12-33. Circuit public defenders. Private practice prohibited, §17-12-25. Public defenders. Legal defense for indigents. Generally, §§17-12-1 to 17-12-80.
ATTORNEYS’ FEES. Public defenders. Capital defender division. Division unable to defend. Appointment of private counsel to defend, §17-12-12.1. Supplemental compensation, §17-12-12.1. Recovery of attorney’s fees, §§17-12-50 to 17-12-52. AUDIENCE. Trials. Clearing courtroom of all or portion of audience. Authorized in certain cases, §17-8-53. AUDIO-VISUAL COMMUNICATIONS. Criminal law and procedure. Arrested persons taken before judicial officer. Holding or imprisonment in county other than one in which offenses committed, §17-4-25. Commitment hearings where offense committed in county which is member of regional jail authority, §17-7-20. B BAD CHECKS. Trial upon accusations, §17-7-70.1. BADGES. Bail recovery agents. Badges not to be worn, §17-6-58. BAIL AND RECOGNIZANCE, §§17-6-1 to 17-6-73. Amendment of bonds, §17-6-18. Appeals. Appeal bonds, §17-6-1. Appearance of arrestee in court. Arraignment appearance. Conditioning bail on appearance and proceedings upon failure to appear, §17-6-17. Cash bonds for traffic, motor carriers, hazardous materials transportation, road taxes, game, fish, boating or litter law violations. Proceedings upon failure to appear in court without legal excuse, §17-6-8.
INDEX BAIL AND RECOGNIZANCE - Cont’d Appearance of arrestee in court - Cont’d Cash bonds for violations of ordinances or other offenses against municipalities. Effect of failure to appear in court, §17-6-10. Driver’s license displayed in lieu of appearance, §17-6-11. Forfeitures, §§17-6-70 to 17-6-73. Securing by including address of principal and surety on bond or recognizance, §17-6-73. Unsecured judicial release (release on own recognizance). Effect of failure to appear, §17-6-12. Use of bail bond posted for preliminary hearing for trial appearance, §17-6-14. Arrest warrants. Bench warrant arrest, §17-7-90. Requirement by judicial officer of bond to prosecute, §17-4-43. Bail recovery agents, §§17-6-56 to Defined, §17-6-56. Identification cards, §17-6-57. Notification to local sheriff, §17-6-57. Out-of-state agents, proof of qualifications, §17-6-57. Qualifications, §17-6-56. Registration with local sheriff, §17-6-56. Penalty for failure to register, §17-6-58. Violations, penalties, §17-6-58. Bail restricted offenses. Unsecured judicial release. Offenses not eligible for unsecured judicial release, §17-6-12. Cash bonds. Motor vehicle and traffic, motor carriers, hazardous materials transportation, road taxes, game, fish, boating or litter law violations, §§17-6-5 to 17-6-8. Acceptance in lieu of statutory bond or recognizance, §17-6-5. Arresting officer liability for failure to account for cash receipts or bonds, §17-6-7. Authorization generally, §17-6-5. Comprehensive litter prevention and abatement act of 2006. Acceptance by officials authorized to enforce, §17-6-9.
BAIL AND RECOGNIZANCE - Cont’d Cash bonds - Cont’d Motor vehicle and traffic, motor carriers, hazardous materials transportation, road taxes, game, fish, boating or litter law violations - Cont’d Comprehensive litter prevention and abatement act of 2006 - Cont’d Procedures connected with acceptance, §17-6-9. Disposition of bonds, §17-6-6. Forfeiture of bonds. Effect as bar to subsequent prosecutions, §17-6-8. Proceedings upon failure of person arrested to appear in court without legal excuse, §17-6-8. Receipts to persons posting bonds, §17-6-6. Liability of arresting officer for failure to account for cash receipts, §17-6-7. Ordinance violations or other offenses against municipalities, §17-6-10. Posting authorized, §17-6-4. Receipts to persons posting bonds, §17-6-4. Commitment of arrestee. After bail tendered and acceptance. Necessity of, §17-6-15. Commitment hearings. Bail bond posted for. Use for trial appearance, §17-6-14. Granting of bail where hearing delayed, §17-7-24. Tender of bail after waiver of hearing. Entry of memorandum on warrant, §17-6-16. Receipt of bail after, §17-6-15. Crime victims’ bill of rights. Notification to victim of accused’s release on bail or recognizance, §17-17-12. Criminal gang activity. Increase in bail and conditions of bail or pretrial release, §17-6-1. Death of principal. Equivalent to surrender by surety, §17-6-31. Definitions. Bail, §17-6-1. Drivers’ licenses. Display of license in lieu of bail, recognizance or incarceration, §17-6-11.
INDEX BAIL AND RECOGNIZANCE - Cont’d Electronic pretrial release and monitoring program. Alternative to posting bail or as special condition of bond, §17-6-1.1. Execution of bonds, §17-6-1. Extradited persons. Forfeiture of bail bond, §17-13-38. Persons charged with crimes in other states. Granting of bail, §17-13-36. Fees of sureties, §17-6-30. First bail for offense, §17-6-13. Fish law violations. Cash bonds, §§17-6-5 to 17-6-8. Forfeitures, §§17-6-70 to 17-6-73. Cash bonds for ordinance violations or other offenses against municipalities, §17-6-10. Cash bonds for traffic, game, fish, boating or litter law violations, §17-6-8. Effect of forfeiture as bar to subsequent prosecution, §17-6-8. Cash bonds for traffic, motor carriers, hazardous material transportation, road taxes, game, fish, boating or litter law violations, §17-6-8. Effect of forfeiture as bar to subsequent prosecution, §17-6-8. Conditions not warranting forfeiture for failure to appear, §17-6-72. Execution hearing on failure of principal to appear, §17-6-71. Extradited persons, §17-13-38. Judgment satisfied and writ of fieri facias canceled, §17-6-72. Principal’s failure to appear, §17-6-31. Remission of forfeiture, §17-6-72. When forfeiture occurs, §17-6-70. Game law violations, §§17-6-5 to Gang activity. Increase in bail and conditions of bail and pretrial release, §17-6-1. Good behavior bonds, §§17-6-90 to Breach of bond. Contempt proceedings, §17-6-92. Extension by court, §17-6-91. Issuance, §17-6-90. Surrender of principal by surety, §17-6-91.
BAIL AND RECOGNIZANCE - Cont’d Hazardous materials transportation violations. Cash bonds, §§17-6-5 to 17-6-8. Display of driver’s license in lieu of bail, recognizance or incarceration, §17-6-11. Imprisonment of arrestee, §§17-6-14 to 17-6-16, 17-7-24. Jurisdiction. Where offenses bailable, §17-6-1. Law enforcement officers. Acceptance of cash bonds for traffic, game, fish, boating or litter law violations. Liability for failure to account for cash receipts and bonds, §17-6-7. Giving advice as to services of professional bondsmen, §17-6-52. Litter law violations. Cash bonds, §§17-6-5 to 17-6-9. Medical emergency. Release by sheriff upon consent of judge, §17-6-1. Military personnel. Acceptance of recognizance bonds, §17-6-3. Continuance of trial. Party, leading attorney or material witness on active duty, §17-8-31. Misdemeanor cases, §17-6-2. When bail not to be refused, §17-6-1. Motor carrier road taxes. Cash bonds for violations of laws, §§17-6-5 to 17-6-8. Display of driver’s license in lieu of bail, recognizance or incarceration, §17-6-11. Motor common carriers. Cash bonds for violations of laws, §§17-6-5 to 17-6-8. Display of driver’s license in lieu of bail, recognizance or incarceration, §17-6-11. Motor contract carriers. Cash bonds for violations of laws, §§17-6-5 to 17-6-8. Display of driver’s license in lieu of bail, recognizance or incarceration, §17-6-11. Motor vehicle violations. Arrest of persons for failure to appear in court, §17-4-23. Cash bonds, §§17-6-5 to 17-6-8.
INDEX BAIL AND RECOGNIZANCE - Cont’d Motor vehicle violations - Cont’d Display of driver’s license in lieu of bail, recognizance or incarceration, §17-6-11. National guard members. Continuance of trial. Party, leading attorney or material witness on active duty, §17-8-31. New security, §17-6-18. Offenses against municipalities. Cash bond, §17-6-10. Offenses bailable, §17-6-1. Opportunity to give bail. Allowance of, §17-6-15. Professional bonding companies, §17-6-15. Ordinance violations. Cash bond, §17-6-10. Peace bonds, §§17-6-110 to 17-6-114. Breach of bond, §17-6-112. Effect of provoking, §17-6-113. Discharge by court, §17-6-114. Extension by court, §17-6-114. Issuance, §17-6-110. Spouse’s right to obtain against spouse, §17-6-111. Procedure in general, §17-6-1. Professional bonding companies. Regulations as an acceptable surety, §17-6-15. Professional bondsmen, §§17-6-50 to Compensation after becoming surety, §17-6-54. Contact information for purposes of receiving notices. Duty to provide clerks of court, §17-6-50. Continuing education, §17-6-50.1. Giving advice or directions to defendants who are principals in bonds regarding defense or disposition of cases, §17-6-53. Giving of advice by law enforcement officers as to services of, §17-6-52. Persons deemed professional bondsmen, §17-6-50. Rules and regulations, §17-6-15. Soliciting business or loitering around jails or courts to solicit business, §17-6-52. Suggesting employment of attorneys, §17-6-51.
BAIL AND RECOGNIZANCE - Cont’d Professional bondsmen - Cont’d Surrender of principal. Right to surrender and to keep sum paid when principal forfeits, §17-6-54. Violations of provisions, §17-6-55. Receipts to persons posting bonds. Cash bonds, §17-6-4. Bonds for traffic, game, fish, boating or litter law violations, §17-6-6. Liability of arresting officer for failure to account for cash receipts, §17-6-7. Bonds for violations of ordinances or other offenses against municipalities, §17-6-10. Recordation. Receipt of cash bond on docket, §17-6-4. Refusal of bail. Right to grand jury hearing within 90 days, §17-7-50. Right to have bail set absent hearing within 90 day period, §17-7-50. Release of arrestee on own recognizance (unsecured judicial release). Bail restricted offenses not eligible for unsecured judicial release, §17-6-12. Discretion of court, §17-6-12. Rules and regulations. Display of driver’s license for violations of laws pertaining to traffic, motor vehicles, etc., §17-6-11. Professional bonding companies, §17-6-15. Schedule of bails, §17-6-1. Street gang activity. Increase in bail and conditions of bail or pretrial release, §17-6-1. Subsequent bails. Discretion of court, §17-6-13. Sureties. Approval by county officer where individual arrested through bench warrant, §17-7-90. Fees, §17-6-30. Professional bondsmen, §§17-6-50 to Compensation after becoming surety, §17-6-54.
INDEX BAIL AND RECOGNIZANCE - Cont’d Sureties - Cont’d Professional bondsmen - Cont’d Giving advice or directions to defendants who are principals in bonds regarding defense or disposition of cases, §17-6-53. Giving of advice by law enforcement officers as to services of, §17-6-52. Soliciting business or loitering around jails or courts to solicit business, §17-6-52. Suggesting employment of attorneys, §17-6-51. Surrender of defendant. Right to surrender defendant and keep sum paid when defendant forfeits, §17-6-54. Violations of provisions, §17-6-55. Who are, §17-6-50. Surrender of principal, §17-6-31. Good behavior bonds, §17-6-91. Professional bondsmen. Right to surrender principal and to keep sum paid when principal forfeits, §17-6-54. Surrender of principal, §17-6-31. Good behavior bonds, §17-6-91. Professional bondsmen. Right to surrender and to keep sum paid when principal forfeits, §17-6-54. Traffic law violations. Cash bonds, §§17-6-5 to 17-6-8. Display of drivers’ licenses in lieu of bail, recognizance or incarceration, §17-6-11. Unsecured judicial release (release on own recognizance). Bail restricted offenses for which unsecured judicial release not available, §17-6-12. Definition of unsecured judicial release, §17-6-12. Victims of crimes. Rights of victims. Notification of accused’s release on bail or recognizance, §17-17-12. Video conference to conduct bond hearings, §17-4-47. Where offenses bailable, §17-6-1. BAIL BONDING. Bail and recognizance generally, §§17-6-1 to 17-6-73.
BAIL BONDSMEN. Professional bondsmen generally, §§17-6-50 to 17-6-55. BAIL JUMPING. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. BAIL RECOVERY AGENTS, §§17-6-56 to 17-6-58. Continuing education, §17-6-56.1. Defined, §17-6-56. Identification cards, §17-6-57. Notification to local police, §17-6-57. Out-of-state bail recovery agents. Proof of qualifications, §17-6-57. Penalties for violations, §17-6-58. Qualifications, §17-6-56. Registration with local sheriff, §17-6-56. Failure to register, penalty, §17-6-58. BATTERY. Criminal battery. Aggravated battery. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. Sexual battery. Bail and recognizance. Unsecured judicial release, offenses not eligible for, §17-6-12. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Sexual battery. Aggravated sexual battery. Bail and recognizance. Unsecured judicial release, offenses not eligible for, §17-6-12. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Family violence battery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Pregnant women. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
INDEX BATTERY - Cont’d Sexual battery. Aggravated sexual battery. Bail and recognizance. Unsecured judicial release, offenses not eligible for, §17-6-12. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Simple battery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. BENCH WARRANTS, §17-7-90. Bail and recognizance. Failure of principal to appear. Issuance of warrant and forfeiture of bond, §17-6-71. BESTIALITY. Sexual assault protocol. Investigating sexual assault, §§17-5-70 to 17-5-73. BIAS CRIME REPORTS, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. BIOMEDICAL WASTE. Evidence. Custody, storage and disposal of dangerous contraband, §17-5-55. BLACK PERSONS. Arrest. Authority of peace officers. Denial of authority to arrest because of race, §17-4-22.
BONDS, SURETY. Arrest warrants. Bond to prosecute, §17-4-43. Bail bonds. Bail recovery agents, §§17-6-56 to Sureties, §§17-6-30 to 17-6-55. Bonds for good behavior. Good behavior bonds, §§17-6-90 to Bonds to keep the peace. General provisions, §§17-6-110 to Good behavior bonds, §§17-6-90 to Cash bonds. Motor vehicle and traffic, game, fish, boating or litter law violation, §§17-6-5 to 17-6-8. Criminal bonds. Bail recovery agents, §§17-6-56 to Fees, §17-6-30. Sureties, §§17-6-30 to 17-6-55. Fishing. Cash bonds for violations, §§17-6-5 to Forfeitures. Bail bonds. Extradited persons, §17-13-38. Good behavior bonds, §§17-6-90 to Witnesses. Preliminary commitment hearings. Securing appearance of witnesses, §§17-7-26, 17-7-27. BONDS FOR GOOD BEHAVIOR. Good behavior bonds, §§17-6-90 to
BLOOD SAMPLES. DNA sampling, collection, analysis. Sexual assault protocol. Preservation of evidence, §17-5-71.
BONDSMEN. Professional bondsmen generally, §§17-6-50 to 17-6-55.
BOARDS. Crime victims. Georgia crime victims compensation board, §§17-15-3, 17-15-4.
BONDS TO KEEP THE PEACE. General provisions, §§17-6-110 to Good behavior bonds, §§17-6-90 to
BOATS AND OTHER WATERCRAFT. Accusations in misdemeanor cases, §17-7-71. Bonds, surety. Cash bonds for violations of boating laws, §§17-6-5 to 17-6-8. Cash bonds for violations of boating laws, §§17-6-5 to 17-6-8.
BOUNTY HUNTERS. Bail recovery agents, §§17-6-56 to BUDGETS. Public defender council, §17-12-26. Director to propose, requirements, §17-12-5.
INDEX BURDEN OF PROOF. Restitution. Hearing to determine restitution, §17-14-7.
CARJACKING. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12.
BURGLARY. Bail and recognizance. Where offense bailable, §17-6-1. Motor vehicles. Entering with intent to commit theft or felony. Trial upon accusations, §17-7-70.1.
CARNAL KNOWLEDGE. Rape. Information for victims of rape, §§17-18-1, 17-18-2.
BUSES. Assault in public transit vehicle or station. Simple assault. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Battery in public transit vehicle or station. Child witnesses. Presence of accused, testimony outside of, §17-8-55. BUSINESS CORPORATIONS. Criminal responsibility, §17-7-92. C CAMPUS POLICE. Discovery in criminal cases. Work location and phone number of police officer, §17-16-8. Search warrants. Executed beyond arrest jurisdiction, §17-5-21. CAPITAL DEFENDER DIVISION. Indigents charged with capital felony. Capital defender, §17-12-5. Division unable to defend. Appointment of private counsel, §17-12-12.1. Duty to represent, §17-12-12. CAPITAL FELONY EXPENSE ACT. General provisions, §§17-11-20 to Short title, §17-11-20. CAREER CRIMINALS. Sentencing. Felons, §17-10-7.
CARRYING WEAPONS. Forfeitures. Civil forfeitures, §§17-5-51, 17-5-52. Disposition of weapons used in commission of crime, §17-5-52. CASH BONDS. Game fish or boating violation. Failure to appear after giving cash bond, §17-6-8. Generally, §§17-6-5 to 17-6-8. Litter violations. Failure to appear after giving cash bond, §17-6-8. Generally, §§17-6-5 to 17-6-9. Motor carrier, hazardous materials transportation and road taxes violations. Failure to appear after giving cash bond, §17-6-8. Generally, §§17-6-5 to 17-6-9. Traffic violations. Failure to appear after giving, §17-6-8. Generally, §§17-6-5 to 17-6-8. CERTIFICATES OF ATTORNEY. Proof of service of pleadings, motions and other papers, §17-1-1. CERTIFICATES OF EXECUTION. Executioner and attending physician to certify fact of execution, §17-10-42. CERTIFICATES OF GOVERNOR. Extradition expenses. Payment, §17-13-44. CERTIFICATES OF IMMEDIATE REVIEW. Change of venue in criminal cases. Denial of motion, §17-7-150. Review of pretrial proceedings in cases in which death penalty sought, §17-10-35.1.
INDEX CHILD MOLESTATION - Cont’d Enticing child for indecent purposes. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Prosecution of offense. Time where victim under sixteen years of age, §17-3-2.1. Time of prosecution of offense where victim under sixteen years of age, §17-3-2.1.
CERTIFICATES OF PROBABLE CAUSE FOR APPEAL. Mentally incompetent to be executed, §17-10-70. CERTIORARI. Appeal bonds. Effectiveness as to petition or application for writ of certiorari, §17-6-1. CHAIN OF CUSTODY. Evidence introduced at trial. Custody, storage and disposal, §17-5-55. CHECKS. Bad checks. Trial upon accusations, §17-7-70.1. CHILD ABANDONMENT. Sentence suspension, modification or probation. Payment of child support as condition, §17-10-1. CHILD ABUSE AND NEGLECT. Criminal liability. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Criminal prosecution. Time of prosecution where victim under sixteen years of age, §17-3-2.1. CHILD MOLESTATION. Aggravated molestation. Bail and recognizance. Appeal bonds, §17-6-1. Unsecured judicial release, offenses not eligible for, §17-6-12. Where offense bailable, §17-6-1. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Time of prosecution where victim under sixteen years of age, §17-3-2.1. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. Child witnesses. Presence of accused, testimony outside of, §17-8-55. DNA testing. Sexual assault protocol. Preservation of evidence, §17-5-71.
CHILD RAPE. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Sodomy, §17-3-2.1. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Statutory rape. Child witnesses. Presence of accused, testimony outside of, §17-8-55. CHILD SUPPORT. Abandonment of dependent child. Sentence modification, suspension or probation. Payment of child support as condition, §17-10-1. Sentence modification, suspension or probation. Child abandonment cases. Payment of child support as condition for suspension, modification or probation, §17-10-1. CHILD WITNESSES. Criminal cases. Physical presence of accused, testimony outside of, §17-8-55. Sex offense cases. Exclusion of persons from courtroom when person under age of 16 testifies, §17-8-54. Presence of accused, testimony outside of, §17-8-55. CIRCUIT PUBLIC DEFENDERS. Defined, §17-12-2. Generally, §§17-12-20 to 17-12-37. CITATIONS. Litter offenses. Trial upon with or without accusation, §17-7-73.
INDEX CITIZENS’ ARRESTS, §§17-4-60 to Posses, §17-4-24.
COERCION AND DURESS. Pandering by compulsion. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
CITIZENSHIP. Sentencing. Status of convict, factoring into determination, §17-10-1.3. CITY COURTS. Judges. Arrest warrants. Issuance, §17-4-40. CLEMENCY. Argument of counsel. Mention of possibility to or in front of jury, §17-8-76. CLERKS OF COURT. Bail bondsmen. Contact information for purposes of receiving notices. Duty of professional bondsmen to provide clerk, §17-6-50. Criminal actions. Effect of mistake or misprision of clerk, §17-1-3. Custodian of property introduced into evidence. Designation by court, §17-5-55. Misprision. Effect, §17-1-3. Restitution payments, §17-14-14. Duties of receivers of restitution payments, §17-14-8.
COLOR OF SKIN. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. Criminal law and procedure. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. Hate crimes. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. COMMERCE AND TRADE. Profits of accused. Derived from entertainment media. Distribution to victims or representatives, §§17-14-30 to COMMERCIAL DRIVERS’ LICENSES. Bail and recognizance. Display of driver’s license in lieu of bail or recognizance ordering incarceration, §17-6-11.
CLOSING STATEMENTS. Criminal cases. Allowance of additional time, §17-8-74. Misdemeanors and cases for inferior judicatories, §17-8-72. Noncapital and capital felony cases, §17-8-73. Order of argument after evidence presented, §17-8-71.
COMMERCIAL MOTOR VEHICLES. Bail and recognizance. Display of driver’s license in lieu of bail or recognizance ordering incarceration, §17-6-11. Driving under the influence. Appeal bonds, §17-6-1.
COCAINE. Trafficking in. Bail and recognizance. Appeal bonds, §17-6-1. Where offense bailable, §17-6-1. Voluntary surrender to county jail or correctional institution. Inapplicability of provisions for crime involving, §17-10-9.1.
COMMON LAW. Bail. Commitment where bail tended and accepted. Effect of provisions upon common law authority of court, §17-6-15.
CODEFENDANTS. Continuance by defendant. Effect upon trial of codefendants, §17-8-35.
COMMITMENT HEARINGS, §§17-7-20 to 17-7-34.
COMMUNITY SERVICE, §17-10-1. Felony sentences. Community service in lieu of fine, §17-10-1. Misdemeanor sentences. Community service in lieu of fine, §17-10-1.
INDEX COMMUNITY SUPERVISION AND TRANSITION. Restitution. Remand of sentence. Copies of restitution order to be provided to department, §17-14-16. Split sentence. Supervision post-incarceration. Role of department in supervision, §17-10-1.4. COMMUNITY SUPERVISION DEPARTMENT. Restitution. Remand of sentence. Copies of restitution order to be provided to department, §17-14-16. Split sentence. Supervision post-incarceration. Role of department in supervision, §17-10-1.4. COMMUNITY SUPERVISION OFFICERS. Probation. Restitution. Payments. Receivers of payments, duties, §17-14-8. Remand of sentence. Copies of restitution order to be provided to department, §17-14-16. Split sentence. Supervision post-incarceration. Community supervision department role in supervision, §17-10-1.4. Restitution. Payments. Receivers of payments, duties, §17-14-8. Remand of sentence. Copies of restitution order provided to department, §17-14-8. COMMUTATIONS. Crime victims’ bill of rights. Death sentence. Notice to victim of hearing on request for commutation, §17-17-13. COMPETENCY AT TIME OF CRIME. Proceedings upon plea, §17-7-131.
COMPETENCY TO STAND TRIAL. Accused found mentally incompetent to stand trial, §17-7-130. Bona fide doubt as competency. Court’s duty to inquired into competency, §17-7-129. Civil commitment or release. Accused found mentally incompetent to stand trial, §17-7-130. Continued treatment. Substantial possibility competency attained, §17-7-130. Court’s duty to inquired into competency, §17-7-129. Definitions, §17-7-130. Evaluation of accused’s competency. Accused found mentally incompetent to stand trial, §17-7-130. Court order, §17-7-129. Motion by accused requesting, §17-7-130. Report, sealing, submission to accused’s attorney, release to prosecuting attorney, §§17-7-129, Mental health advocacy division. Indigents found not guilty by reason of insanity or incompetent to stand trial. Duty to represent, §17-12-11. Mental health advocate, §17-12-11. Proceedings upon plea of incompetence, §17-7-130. Returning accused to custody of sheriff. Accused determined competent, §17-7-130. Special plea filed by accused. Procedure upon, §17-7-130. Speedy trial, demand. Period of time not included in determining if demand satisfied, §§17-7-170, 17-7-171. Trial on issue of competency. Court determining, §17-7-129. Procedures, §17-7-130. COMPLAINTS. Harassment of victim or witness in criminal case. Temporary restraining orders, §17-17-16. CONCEALED WEAPONS. Carrying weapons generally. Forfeitures. Civil forfeitures, §§17-5-51, 17-5-52.
INDEX CONCEALED WEAPONS - Cont’d Carrying weapons generally - Cont’d Forfeitures - Cont’d Disposition of weapons used in commission of crime, §17-5-52. CONCURRENT SENTENCES. Sentences to be served concurrently unless otherwise specified, §17-10-10. CONFIDENTIALITY OF INFORMATION. Crime victims compensation board, §17-15-6. CONFLICTS OF INTEREST. Public defenders. Capital defender division. Division unable to defend. Appointment of private counsel to defend, §17-12-12.1. Circuit public defender. Appointment of attorneys to represent indigents, §17-12-22. CONTEMPT. Bonds to keep the peace. Actions constituting violations of bond. Additional penalty for contempt, §17-6-112. Costs. Assessment and payment, §17-11-4. Good behavior bonds. Violation, §17-6-92. CONTINUANCES. Admissions. Criminal trials. Admission by opposing party of facts to be proved. Effect upon allowance of continuance, §17-8-32. Criminal trials, §§17-8-20 to 17-8-38. Admission by opposing party of facts to be proved. Effect upon allowance of continuance, §17-8-32. Announcement of continuance in open court, §17-8-36. Applications. Consideration by court, §17-8-22. Counter-showings. Allowance by court, §17-8-22. Due diligence requirement, §17-8-20. When showing required of state, §17-8-21. Case not reached at trial term continued, §17-8-38.
CONTINUANCES - Cont’d Criminal trials - Cont’d Codefendants. Effect of continuance by defendant upon trial of codefendants, §17-8-35. Consideration by court, §17-8-22. Date of continuance. Entry upon court docket, §17-8-36. Duration of continuance, §17-8-37. General assembly members and staff. General assembly in session, presence elsewhere required by general assembly duties, §17-8-26. Witness in attendance at general assembly, §17-8-28. Granting of continuances. Cases returned by appellate court for trial, §17-8-34. Where indictment found or accusation made, §17-8-33. Where material witness unavailable, §17-8-33. Where postponement possible to later date in term, §17-8-33. Where required by principles of justice, §17-8-33. Grounds for granting of continuances. Absence of party. Generally, §17-8-23. Absence of witness. Generally, §17-8-25. Absence or illness of counsel for party. Generally, §17-8-24. Active duty with national guard or component of armed forces. Party, leading attorney or material witness on, §17-8-31. Attorney general in attendance at general assembly, §17-8-27. Board of human services or board of behavioral health and developmental disabilities. Party or party’s counsel in attendance at meeting, §17-8-30. Board of regents of the university system of Georgia. Party or party’s counsel in attendance at meeting, §17-8-29.
INDEX CONTINUANCES - Cont’d Criminal trials - Cont’d Grounds for granting of continuances - Cont’d General assembly members and staff. General assembly in session, presence elsewhere required by general assembly duties, §17-8-26. Witness in attendance at general assembly, §17-8-28. No witness, no subpoena, §17-7-192. Party or attorney in attendance at general assembly, §17-8-26. Witnesses not subpoenaed by defendant. Nonattendance, §17-7-192. Docketing. Criminal cases. Entry of date of continuance upon docket of courts, §17-8-36. General assembly members and staff. General assembly in session, presence elsewhere required by general assembly duties. Criminal trials, §17-8-26. Witness in attendance at general assembly. Criminal trials, §17-8-28. Grounds. Active duty with national guard or component of armed forces. Party, leading attorney or material witness on. Criminal trials, §17-8-31. Criminal trials. Absence of party. Generally, §17-8-23. Absence of witness. Generally, §17-8-25. Absence or illness of counsel for party. Generally, §17-8-24. Active duty with national guard or component of armed forces. Party, leading attorney or material witness on, §17-8-31. Attorney general in attendance at general assembly, §17-8-27. Board of behavioral health and developmental disabilities. Party or party’s counsel in attendance, §17-8-30.
CONTINUANCES - Cont’d Grounds - Cont’d Criminal trials - Cont’d Board of human services meetings. Party or party’s counsel in attendance, §17-8-30. Board of regents of the university system of Georgia meetings. Party or party’s counsel in attendance, §17-8-29. General assembly members and staff. Party or attorney in attendance at general assembly, §17-8-26. Witness in attendance at general assembly, §17-8-28. Nonattendance. Witnesses not subpoenaed by defendant, §17-7-192. No witness, no subpoena, §17-7-192. General assembly members and staff. Party or attorney in attendance at general assembly. Criminal trials, §17-8-26. CONTINUING EDUCATION. Bail and recognizance. Professional bondsmen, §17-6-50.1. Bail recovery agents, §17-6-56.1. Public defenders. Continuing legal education for public defenders and staff. Council, approval for credit or reimbursement, §17-12-9. CONTRABAND. Evidence custody, storage and disposal, §17-5-55. Weapons. Use in commission of crime or illegally concealed, §17-5-51. CONTRACTS. Criminal reenactments. Distribution of profits to victims or legal representatives, §17-14-31. Public defenders. Capital defender division. Appointment of private counsel to defend, §17-12-12.1. CONTROLLED SUBSTANCES. Bail restricted offense. Unsecured judicial release, offenses not eligible for. Certain trafficking offenses, §17-6-12.
INDEX COUNCILS. Georgia public defender council, §§17-12-1 to 17-12-12.1. Public defender council, §§17-12-1 to
CONVERSION. Limitation on prosecutions. Excluded periods, §17-3-2. CORONERS. Death investigations. Inquest. Cost of inquests, §17-11-3. Fugitive. Execution of warrants, §17-13-5. Inquest. Cost of inquests, §17-11-3. CORPORATIONS. Criminal responsibility, §17-7-92. Execution against property. Criminal responsibility, §17-7-92. Indictments, §17-7-92. Notice. Filing of indictment, special presentment or accusation. Service of notice, §17-7-92. Service of process. Indictments, special presentments or accusations. Notice of filing, §17-7-92. CORPSES. Executed persons. Disposition of body, §17-10-43. Search warrants. Grounds for issuance, §17-5-21. CORRUPTION. Judgments, verdicts, rules or orders obtained by perjury. Vacation, §17-1-4. COSTS. Acquittal. When costs imposed upon prosecutor, §17-11-4. Capital felony expense act. Short title, §17-11-20. Extradition of criminals. Payment of expenses, §17-13-44. Forensic medical examination. Responsibility for costs, §17-5-72. Sexual assault investigations. Free exams, victims’ right, §17-5-72. Malicious prosecution, §17-11-4. Sexual assault. Investigating sexual assault. Right to free forensic medical examination, §17-5-72. Witnesses. Criminal proceedings. Defendant’s liability, §17-11-2.
COUNTIES. Capital felony prosecutions. Reimbursement of costs and expenses, §§17-11-20 to 17-11-24. Criminal proceedings. Indigent persons, legal representation provided. Additional personnel provided circuit public defenders. Contracting with council for, §17-12-32. Alternative delivery system for representing indigent defendants. Judicial circuit composed of single county, §17-12-36. Contracting with circuit public defender to provide, §17-12-23. Expenses of circuit public defender’s office. Pro rata sharing by counties in district, §17-12-34. Generally, §§17-12-1 to 17-12-80. Supplementation of circuit public defender’s salary, §17-12-25. Supplementation of salary of state paid personnel. Personnel employed in circuit public defender’s office, §17-12-30. Indigent persons. Legal representation for ordinance or state law violations. Additional personnel provided circuit public defenders. Contracting with council for, §17-12-32. Alternative delivery system for representing indigent defendants. Judicial circuit composed of single county, §17-12-36. Contracting with circuit public defender to provide, §17-12-23. Expenses of circuit public defender’s office. Pro rata sharing by counties in district, §17-12-34. Generally, §§17-12-1 to 17-12-80.
INDEX COUNTIES - Cont’d Indigent persons - Cont’d Legal representation for ordinance or state law violations - Cont’d Supplementation of circuit public defender’s salary, §17-12-25. Supplementation of salary of state paid personnel. Personnel employed in circuit public defender’s office, §17-12-30. Jails. Fees and costs. Taxation. Authority to levy and collect tax, §17-7-1. Public defenders. Additional personnel provided circuit public defenders. Contracting with council for, §17-12-32. Alternative delivery system for representing indigent defendants. Judicial circuit composed of single county, §17-12-36. Contracting with circuit public defender. Providing legal representation to indigents for ordinance or state law violations, §17-12-23. Expenses of circuit public defender’s office. Pro rata sharing by counties in district, §17-12-34. Generally, §§17-12-1 to 17-12-80. Recovery of payment or reimbursement. From persons receiving legal services from public defender, §17-12-52. Supplementation of circuit public defender’s salary, §17-12-25. Supplementation of salary of state paid personnel. Personnel employed in circuit public defender’s office, §17-12-30. Taxation. Jail fees and costs. Authority to levy and collect tax, §17-7-1. COUNTY POLICE. Discovery in criminal cases. Work location and phone number of police witnesses, §17-16-8.
COURT APPOINTED COUNSEL. Indigent defendants. Legal defense for indigents generally, §§17-12-1 to 17-12-80. COURT OF APPEALS. Continuances. Cases returned by public court for trial, §17-8-34. Panels. Three-judge panel. Disposition of cases currently under review of defunct panel, §17-10-6.3. Three judge panel. Disposition of cases currently under review of defunct panel, §17-10-6.3. COURT REPORTS. Custodian of property introduced into evidence. Designation by court, §17-5-55. COURTS. Administrative office of the courts. Public defenders. Administrative support, §17-12-26. CREDIT CARDS. Fraud. Trial upon accusations, §17-7-70.1. Theft. Trial upon accusations, §17-7-70.1. Unauthorized use. Trial upon accusations, §17-7-70.1. CREED. Peace officers’ authority to make arrest not denied because of creed, §17-4-22. CRIMES AND OFFENSES. Theft. Robbery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. CRIME VICTIMS’ BILL OF RIGHTS, §§17-17-1 to 17-17-16. Address of victim not disclosed to accused, §17-17-10. Address of victim provided notifying parties, §17-17-14. Appeals. Failure to provide rights not basis for error, §17-17-15. Notification when accused files motion for appeal, §17-17-12.
INDEX CRIME VICTIMS’ BILL OF RIGHTS - Cont’d Appeals - Cont’d Retention of victim’s rights on appeal, §17-17-2. Attendance at criminal proceedings, §17-17-9. Bail, release of accused, notice to victim, §17-17-12. Behavioral health and developmental disabilities department. Notification from department to victim, §17-17-5.1. Blocking of communications from offender, §17-17-12.1. Citation of provisions, §17-17-2. Communications with victim assistance personnel privileged, §17-17-9.1. Compensation. Availability of victim’s compensation, notice, §17-17-6. Defined, §17-17-3. Notice of availability, §17-17-6. Coordinating agency. Criminal justice coordinating council, §17-17-6. Damages, §17-17-15. Death sentence. Commutation, notice to victim of hearing on request, §17-17-13. Defense counsel not to disclose victim information. Court requiring, §17-17-3. Definitions, §17-17-3. Disabled victim. Family member designated to act in place of, §17-17-4. Disposition of case, expressing opinion, §17-17-11. Effect of provisions, §17-17-15. Enumeration of rights, §17-17-1. Exclusion of victim from criminal proceedings, §17-17-9. Expressing opinion as to disposition of case, §17-17-11. Expressing opinion as to pending proceedings, §17-17-7. Failure to provide required notices, §17-17-15. Family member designated to act in place of disabled victim, §17-17-4. Harassment, temporary restraining orders or protective orders, §17-17-16.
CRIME VICTIMS’ BILL OF RIGHTS - Cont’d Information concerning victim not disclosed to accused. Court requiring, §17-17-10. Interview with accused or attorney or agent of accused. Rights regarding, including right to refuse, §17-17-8.1. Legal procedures and victim’s rights, notice, §17-17-8. Legislative declaration, §17-17-1. Mail or other communications from offender. Requests not to receive, §17-17-12.1. New trial. Notice to victim when accused files motion, §17-17-12. Retention of victim’s rights on new trial, §17-17-12. Notice defined, §17-17-3. Notice to victim, when required, §17-17-5. Pardon. Consideration of pardon. Advance notification to victim of consideration of pardon, §17-17-13. Parole proceedings, notice to victim, §17-17-13. Pretrial release, notice to victim, §17-17-6. Prompt advance notice, §17-17-8. Prosecuting attorney. Defined, §17-17-3. Duties, §§17-17-5, 17-17-7, 17-17-8. Offering victim right to express opinion, §17-17-11. Protective orders, §17-17-16. Release, notice to victim, §§17-17-4, 17-17-6, 17-17-7. Extended release (more than 60 days). Advance notification to victim of consideration of release, §17-17-13. Requests not to receive mail or other communications from offender, §17-17-12.1. Restitution sought by victim. Information to be provided to prosecuting attorney, §17-17-8. Separate victims’ waiting area, §17-17-9. Telephone number not disclosed to accused, §17-17-10.
INDEX CRIME VICTIMS’ BILL OF RIGHTS - Cont’d Telephone number provided notifying parties, §17-17-14. Title of provisions, §17-17-2. Victim trafficked for labor or sexual servitude. Compensation through federal government, notification, §17-17-6. Waiting area for victims, §17-17-9. Waiver of rights, §17-17-15. CRIMINAL EXTRADITION ACT. General provisions, §§17-13-20 to Short title, §17-13-20. CRIMINAL JUSTICE COORDINATING COUNCIL. Crime victim’s compensation board. Council serving as board, §17-15-3. CRIMINAL LAW AND PROCEDURE. Abandonment of child. Sentence suspension, modification or probation. Payment of child support as condition, §17-10-1. Accusations, §§17-7-70 to 17-7-73. Against corporations, §17-7-92. Formal exceptions, §17-7-113. Aged persons. Limitation on prosecutions. Victim 65 or older, §17-3-2.2. Aggravated assault. Sentencing certain juveniles, §17-10-14. Aggravated sodomy. Child witnesses. Presence of accused, testimony outside of, §17-8-55. AIDS. Transmitting crimes. Requiring defendant to submit to HIV test and report of results, §17-10-15. Aircraft. Hijacking. Bail and recognizance. Appeal bonds, §17-6-1. Where offense bailable, §17-6-1. Death penalty, §17-10-30.
CRIMINAL LAW AND PROCEDURE - Cont’d Aliens. Illegal alien status. Investigation during investigation of criminal suspect, §17-5-100. Witness’ or victim’s immigration status not investigated, §17-5-100. Appeals. Death penalty, §17-10-35. Interim appellate review of pretrial rulings. Hearing to determine appropriateness, §17-10-35.2. Mental incompetent to be executed. Proceedings to establish incompetency, §17-10-70. Pretrial proceedings. Review of pretrial proceedings in cases in which death penalty sought, §17-10-35.1. Pretrial proceedings. Cases in which death penalty sought, §17-10-35.1. Hearing to determine appropriateness of interim appellate review of pretrial rulings, §17-10-35.2. Supreme court. Unified review procedure. Establishment by supreme court, §17-10-36. Venue. Denial of change, §17-7-150. Victim impact statements. Noncompliance with statutory provisions, §§17-10-1.1, Appearances. First appearance. No warrant, §§17-4-21, 17-4-62. Warrant, §17-4-26. Appointment of counsel for indigent defendants. Legal defense for indigents generally, §§17-12-1 to 17-12-80. Argument of counsel. Closing arguments. Allowance of additional time, §17-8-74.
INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Argument of counsel - Cont’d Closing arguments - Cont’d Time limits. Additional time, §17-8-74. Misdemeanors and cases from inferior judicatories, §17-8-72. Noncapital and capital felony cases, §17-8-73. Improper statements by counsel, §17-8-75. Mention of possibility of clemency, pardon or parole, §17-8-76. Number of counsel permitted to argue case, §17-8-70. Order of argument after evidence presented, §17-8-71. Possibility of clemency, §17-8-76. Presentence hearings in felony cases, §17-10-2. Armed robbery. Bail and recognizance. Appeal bonds, §17-6-1. Where offense bailable, §17-6-1. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Arraignments, §§17-7-90 to 17-7-97. Appearance bonds or recognizances. Conditioning of bonds or recognizances on appearance and proceedings upon failure to appear, §17-6-17. Date, §17-7-91. Notice and service of notice, §17-7-91. Pleas, §17-7-93. Entering plea on indictment or accusation, §17-7-96. Failure of clerk to record plea, §17-7-97. Guilty pleas. Recordation and pronouncement of judgment, §17-7-93. Withdrawal, §17-7-93. Not guilty pleas. Recordation and effect, §17-7-94. Where demurrer or special plea denied, §17-7-111. Receipt and entering, §17-7-91. Silence of accused. Recordation and effect, §17-7-94. Special pleas, §17-7-111. Reading of indictment or accusation, §17-7-93.
CRIMINAL LAW AND PROCEDURE - Cont’d Arraignments - Cont’d Recordation. Failure of clerk to record arraignment. Effect, §17-7-97. Arrest of judgment. Grounds for motion. Generally, §17-9-61. Matters not relating to merits of offense charged, §17-9-63. Jurisdiction of motion, §17-9-60. Time for motion. Generally, §17-9-61. Assessment and payment of costs of criminal proceedings. General provisions, §§17-11-1 to Reimbursement of counties for expenses of capital felony prosecutions, §§17-11-20 to Attorneys. Argument of counsel, §§17-8-70 to Indigent defendants. Legal defense for indigents generally, §§17-12-1 to 17-12-80. Number permitted to argue case, §17-8-70. Bad checks. Trial upon accusations, §17-7-70.1. Bail. Bail recovery agents, §§17-6-56 to Bail recovery agents, §17-6-58. Bench warrants, §17-7-90. Biological material evidence. Maintenance and preservation, §17-5-56. Bonds and recognizance. Bonds for good behavior and to keep the peace. Bonds for good behavior, §§17-6-90 to 17-6-92. Bonds to keep the peace, §§17-6-110 to 17-6-114. Excessive fees of sureties, §17-6-30. General provisions, §§17-6-1 to Proceedings for forfeiture of bonds or recognizance, §§17-6-70 to 17-6-73. Sureties. General provisions, §§17-6-30,
INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Bonds and recognizance - Cont’d Sureties - Cont’d Professional bondsmen, §§17-6-50 to Calling cases by order on docket, §17-8-1. Capital punishment. General provisions, §§17-10-30 to Mental incompetency to be executed, §§17-10-60 to 17-10-71. Child abandonment. Sentence suspension, modification or probation. Payment of child support as condition, §17-10-1. Child molestation. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Time of prosecution where victim under sixteen years of age, §17-3-2.1. Circuit public defenders. Generally, §§17-12-20 to 17-12-37. Clemency. Argument to or in front of jury as to possibility of, §17-8-76. Clerks of court. Mistake or misprision effect, §17-1-3. Codefendants. Continuances. Effect of continuance by defendant upon trial of codefendants, §17-8-35. Trials, §17-8-4. Commercial motor vehicle drivers. Driving under the influence. Appeal bonds, §17-6-1. Commitment hearings, §§17-7-20 to Accused wishing to testify. Examination and cross-examination, §17-7-28. Bail and recognizance. Bail after waiver of hearing. Entry of memorandum on warrant, §17-6-16. Bail bond posted for hearing. Use for trial appearance, §17-6-14. Granting of bail where hearing delayed, §17-7-24. Commitment of accused for offense other than that stated in warrant, §17-7-29.
CRIMINAL LAW AND PROCEDURE - Cont’d Commitment hearings - Cont’d Court of municipal corporation. Powers of presiding officer to bind over or commit criminal offenders to jail, §17-7-22. Delayed hearings. Granting of bail, §17-7-24. Delivery of accused to person in charge of jail, §17-7-32. Disposition of commitment form, warrant and other papers, §17-7-32. Duties of courts of inquiry, §17-7-23. Evidence, §17-7-28. Applicability of rules, hearsay admissible, §§17-4-40, 17-7-28. Failure of accused to testify. No presumption, no comment allowed, §17-7-28. Form of commitment, §17-7-30. Disposition, §17-7-32. Hearsay admissible, §17-7-28. Informalities in proceedings. Effect, §17-7-34. Jurisdiction. Preclusion of certain courts from trying certain charges, §17-7-23. Persons who may hold courts of inquiry, §17-7-20. Holding by several judicial officers, §17-7-21. Procedure for deciding questions, §17-7-21. Rules of evidence. Applicability, hearsay admissible, §§17-4-40, 17-7-28. Silence of accused. Effect of failure of accused to testify, §17-7-28. Time granted parties to prepare case and to secure counsel, §17-7-24. Witnesses. Bonds to secure appearance, §§17-7-26, 17-7-27. Power of court to compel attendance, §17-7-25. Commitment of accused for offense other than stated in warrant, §17-7-29. Competency at time of crime. Proceedings upon plea, §17-7-131. Competency to stand trial. Accused found mentally incompetent to stand trial, §17-7-130.
INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Competency to stand trial - Cont’d Bona fide doubt as to competency. Court’s duty to inquired into competency, §17-7-129. Civil commitment or release. Accused found mentally incompetent to stand trial, §17-7-130. Continued treatment. Substantial possibility competency attained, §17-7-130. Court’s duty to inquired into competency, §17-7-129. Definitions, §17-7-130. Evaluation of accused’s competency. Accused found mentally incompetent to stand trial, §17-7-130. Court order, §17-7-129. Motion by accused requesting, §17-7-130. Report, sealing, submission to accused’s attorney, release to prosecuting attorney, §§17-7-129, 17-7-130. Mental health advocacy division. Duty to represent indigents, §17-12-11. Mental health advocate, §17-12-11. Proceedings upon plea of incompetence, §17-7-130. Returning accused to custody of sheriff. Accused determined competent, §17-7-130. Special plea filed by accused. Procedure upon, §17-7-130. Speedy trial, demand. Period of time not included in determining if demand satisfied, §§17-7-170, 17-7-171. Trial on issue of competency. Court determining, §17-7-129. Procedures, §17-7-130. Continuances, §§17-8-20 to 17-8-38. Admission by opposing party of facts to be proved. Effect upon allowance of continuance, §17-8-32. Announcement in open court, §17-8-36. Applications. Consideration by court, §17-8-22. Counter-showings. Allowance by court, §17-8-22.
CRIMINAL LAW AND PROCEDURE - Cont’d Continuances - Cont’d Applications - Cont’d Due diligence requirement, §17-8-20. When showing required of state, §17-8-21. Cases not reached at trial term, §17-8-38. Codefendants. Effect of continuance by defendant upon trial of codefendants, §17-8-35. Consideration by court, §17-8-22. Duration, §17-8-37. Entry of date upon court docket, §17-8-36. Granting. Cases returned by appellate court for trial, §17-8-34. Where indictment found or accusation made, §17-8-33. Where material witness unavailable, §17-8-33. Where postponement possible to later date in term, §17-8-33. Where required by principles of justice, §17-8-33. Grounds for granting. Absence of party. Generally, §17-8-23. Absence of witness. Generally, §17-8-25. Absence or illness of counsel for party. Generally, §17-8-24. Active duty with national guard or component of armed forces. Party, leading attorney or material witness on, §17-8-31. Attorney general in attendance at general assembly, §17-8-27. Bard of regents of the university system of Georgia meetings. Party or attorney in attendance, §17-8-29. Board of behavioral health and developmental disabilities. Party or attorney in attendance, §17-8-30. Board of human services meetings. Party or attorney in attendance, §17-8-30. General assembly members and staff. Party or attorney in attendance at general assembly, §17-8-26.
INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Continuances - Cont’d Grounds for granting - Cont’d General assembly members and staff - Cont’d Witness in attendance at general assembly, §17-8-28. Witnesses not subpoenaed by defendant. Continuance for nonattendance, §17-7-192. Contract regarding reenactment of crime. Distribution of profits to victims or legal representatives, §17-14-31. Conversion. Limitation on prosecution. Excluded periods, §17-3-2. Costs and expenses. Felony cases. Capital felony prosecutions. Reimbursement of counties, §§17-11-20 to 17-11-24. Basis for expenses, §17-11-22. Capital felony expense act, §17-11-20. Commissioner of community affairs to administer article, §17-11-24. Commissioner of community affairs to adopt rules, §17-11-24. Definitions, §17-11-21. Records of capital felony expenses, §17-11-24. Short title, §17-11-20. When payments to be made, §17-11-23. When requests exceed funds appropriated, §17-11-23. Imposition upon county when venue changed, §17-11-5. Imposition upon defendant. Costs of inquest, §17-11-3. Costs of prosecution, §17-11-1. Costs of witnesses, §17-11-2. Imposition upon prosecutor or complainant, §17-11-4. Judgment entered against defendant, lien, §17-11-1. Lien upon property of convicted offenders, §17-11-1. Court appointed counsel for indigent defendants. Legal defense for indigents generally, §§17-12-1 to 17-12-80.
CRIMINAL LAW AND PROCEDURE - Cont’d Crimes against the person. Kidnapping, false imprisonment and related offenses. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Criminal actions. Maintenance, §17-1-2. Criminal extradition. General provisions, §§17-13-1 to Uniform criminal extradition act, §§17-13-20 to 17-13-49. Cruelty to children. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Time of prosecution where victim under sixteen years of age, §17-3-2.1. Damage to and intrusion upon property. Graffiti. Removal by inmates, §§17-15A-1 to Death penalty. General provisions, §§17-10-30 to Mentally incompetent to be executed, §§17-10-60 to 17-10-71. Defenses. Insanity. Expert witnesses, §17-7-130.1. Definitions. Bail, §17-6-1. Bench warrant, §17-7-90. Costs of capital felony prosecutions. Reimbursement of counties, §17-11-21. Documentary evidence. Search and seizure, §17-5-32. Penal actions. Maintenance, §17-1-2. Possession, custody or control of the state or prosecution. Felony discovery, §17-16-1. Restitution, §17-14-2. Son of Sam law, §17-14-30. Statement of a witness. Felony discovery, §17-16-1. Victim compensation, §17-15-2. Demurrer to indictment, §17-7-111.
INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Discharge of accused. Lack of prosecution after demand for trial, §17-7-170. Capital cases and cases in which death penalty is sought, §17-7-171. Discovery. Felonies, §§17-16-1 to 17-16-10. Additional evidence or material previously requested discovered, §17-16-4. Alibi witnesses, §17-16-5. Application of provisions, §17-16-2. Continuing duty to disclose, §17-16-4. Costs. Reimbursement for costs, §17-16-9. Criminal history. Prosecution’s duty to furnish defendant, §17-16-4. Defendant as a witness, §17-16-1. Evidence in aggravation of punishment. Notice to defendant, §17-16-4. Failure to comply with requirements, §17-16-6. Forensic sciences division or other laboratories. Testing or analyzing evidence in custody of, §17-16-4. Indictment or accusation, §17-16-3. Inspection and copying of materials, §17-16-4. Materials or information already furnished, §17-16-10. Oral reports reduced to writing, §17-16-4. Physical or mental examination results. Inspection and copying, §17-16-4. Possession, custody, or control of the state or prosecution. Defined, §17-16-1. Required disclosure, §17-16-4. Scientific test or experiment results. Inspection and copying, §17-16-4. Statement of a witness. Defined, §17-16-1. Statements, §17-16-4. Threat of physical or economic harm. Discovery creating, §17-16-4.
CRIMINAL LAW AND PROCEDURE - Cont’d Discovery - Cont’d Felonies - Cont’d Time for making required disclosures, §17-16-4. Witnesses, §17-16-7. Alibi witnesses, §17-16-5. Defendant as a witness, §17-16-1. List of witnesses, §17-16-3. Lists of names and information concerning, §17-16-8. Statements, §17-16-7. Defined, §17-16-1. Who may be called as witness, §17-16-10. Written or recorded statements made by defendant. Prosecution’s duty to disclose, §17-16-4. Misdemeanors, §§17-16-20 to 17-16-23. Application of provisions, §17-16-20. Copy of indictment or accusation, §17-16-21. Defendant’s right to copies, §§17-16-21, 17-16-23. List of witnesses, §17-16-21. Scientific reports, §17-16-23. Statement given while in police custody, §17-16-22. DNA sampling, collection, analysis. Biological material evidence. Maintenance and preservation, §17-5-56. Double jeopardy. Bail and recognizance. Cash bonds for motor carrier, hazardous material transportation and road taxes violations. Forfeiture of bond as bar to subsequent prosecution, §17-6-8. Cash bonds for traffic, game, fish, etc., law violations. Forfeiture of bond as bar to subsequent prosecution, §17-6-8. Grand jury returns. Operation of two returns of “no bill” on charge, §17-7-53. Quashing of second grand jury indictment or presentment, §17-7-53.1. No contest pleas. Imposition of sentence upon plea, §17-7-95.
INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Drag racing. Habitual violators. Trial upon accusations, §17-7-70.1. Drivers’ licenses. Habitually negligent or dangerous drivers. Trial upon accusations, §17-7-70.1. Habitual violators. Operating motor vehicles with revoked driver’s license. Trial upon accusations, §17-7-70.1. Probationary licensee. Trial upon accusations, §17-7-70.1. Probationary licensee violating conditions. Trial upon accusations, §17-7-70.1. Dynamite caps. Restitution, §17-14-5. Evidence in criminal proceedings. Identification procedures for lineups and showups, §§17-20-1 to Extradition, §§17-13-1 to 17-13-49. Family violence. Appeal bonds, §17-6-1. Battery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Violating civil or criminal family violence order. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Fleeing or attempting to elude police officer. Habitual violators. Trial upon accusations, §17-7-70.1. Forensic medical examination. Free examination, victim’s right, §17-5-72. Responsibility for costs, §17-15-15. Former jeopardy. Bail and recognizance. Cash bonds for motor carrier, hazardous materials transportation and road taxes violations. Forfeiture of bond as bar to subsequent prosecution, §17-6-8.
CRIMINAL LAW AND PROCEDURE - Cont’d Former jeopardy - Cont’d Bail and recognizance - Cont’d Cash bonds for traffic, game, fish, etc., law violations. Forfeiture of bond as bar to subsequent prosecution, §17-6-8. Grand jury returns. Operation of two returns of “no bill” on charge, §17-7-53. Quashing of second grand jury indictment or presentment, §17-7-53.1. No contest pleas. Imposition of sentence upon plea, §17-7-95. General assembly. Continuance of criminal trial. Member party to case or attorney for party to case, §17-8-26. Witness in attendance at general assembly, §17-8-28. Good behavior bonds, §§17-6-90 to Graffiti. Compensation for criminally inflicted property, §§17-15A-1 to 17-15A-4. Graffiti defined, §17-15A-2. Legislative authority for enacting provisions, §17-15A-1. Legislative findings, §17-15A-3. Removal of graffiti by inmates, §17-15A-4. Guilty but mentally ill or with intellectual disability at time of crime, §17-7-131. Harassment of victim or witness. Temporary restraining order or protective order, §17-17-16. Hijacking. Aircraft. Bail and recognizance. Appeal bonds, §17-6-1. Where offense bailable, §17-6-1. Death penalty, §17-10-30. Hit and run. Habitual violators. Trial upon accusations, §17-7-70.1. Human trafficking. Labor or sexual servitude, trafficking of persons for. Compensation through federal government. Notification to victim, §17-17-6.
INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Human trafficking - Cont’d Labor or sexual servitude, trafficking of persons for - Cont’d Prosecution of offense. Time where victim under sixteen years of age, §17-3-2.1. Victims, vacating of sentence. Petition, §17-10-21. Identification procedures for lineups and showups, §§17-20-1 to 17-20-3. Court consideration of failure to comply with provisions, §17-20-3. Definitions, §17-20-1. Exclusion of identification evidence. Court consideration of failure to comply with provisions, §17-20-3. Fillers. Defined, §17-20-1. Written policies by law enforcement agency, §17-20-2. Law enforcement agency. Defined, §17-20-1. Live lineups. Defined, §17-20-1. Written policies by law enforcement agency, §17-20-2. Noncompliance with requirements. Court consideration of failure to comply with provisions, §17-20-3. Photo lineups. Defined, §17-20-1. Written policies by law enforcement agency, §17-20-2. Showups. Defined, §17-20-1. Written policies by law enforcement agency, §17-20-2. Suspects. Defined, §17-20-1. Witnesses. Defined, §17-20-1. Written policies by law enforcement agency, §17-20-2. Illegal alien status. Investigation during investigation of criminal suspect, §17-5-100. Witness’ or victim’s immigration status not investigated, §17-5-100. Incest. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
CRIMINAL LAW AND PROCEDURE - Cont’d Incest - Cont’d Victim under sixteen years of age, §17-3-2.1. Indecency. Enticing child for indecent purposes. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Time of prosecution of offense where victim under sixteen years of age, §17-3-2.1. Indigent defense programs. Legal defense for indigents generally, §§17-12-1 to 17-12-80. Information for victims of rape or sodomy, §§17-18-1, 17-18-2. Inquests. Cost of inquests, §17-11-3. Insanity. Insanity defense. Charges to jury, §17-7-131. Commitment to department of human services. Defendant found not guilty by reason of insanity. Defendant meeting inpatient commitment criteria, §17-7-131. Conditional release. Defendant found not guilty by reason of insanity. Defendant meets criteria for outpatient involuntary treatment, §17-7-131. Definitions, §17-7-131. Discharge of defendant from custody. Defendant found not guilty by reason of insanity. Defendant not meeting inpatient commitment criteria, §17-7-131. Evaluation of defendant’s present mental condition. Defendant found not guilty by reason of insanity, §17-7-131. Examination of defendant by psychologist or psychiatrist. Required before plea accepted, §17-7-131. Findings by jury, §17-7-131.
INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Insanity - Cont’d Insanity defense - Cont’d Inpatient commitment criteria. Hearing to determine if defendant meets. Defendant found not guilty by reason of insanity, §17-7-131. Instructions to jury, §17-7-131. Mental health advocacy division. Indigents found not guilty by reason of insanity or incompetent to stand trial. Duty to represent, §17-12-11. Mental health advocate, §17-12-5. Proceedings upon plea, §17-7-131. Release of defendant from commitment, §17-7-131. Retention of jurisdiction by court. Defendant found not guilty by reason of insanity, §17-7-131. Not guilty by reason of insanity, §17-7-131. Judgments. Arrest of judgment, §§17-9-60 to Vacation because of perjury, §17-1-4. Validity where court lacks jurisdiction, §17-9-4. Jurisdiction, §§17-2-1, 17-2-3. Arrest of judgment proceedings, §17-9-60. Commitment hearings. Persons who may hold courts of inquiry. Generally, §17-7-20. Preclusion of certain courts from trying certain charges, §17-7-23. Escapees from correctional institutions. Trials, §17-8-50. Judgment of court without jurisdiction. Effect, §17-9-4. Sentencing proceedings. Punishment for misdemeanors of a high and aggravated nature, §17-10-4. Jury. Charges to jury, §17-8-56. Death penalty, §§17-10-30, 17-10-31. Judge’s expression or intimation of opinion as to matters proved or guilt of accused, §17-8-57.
CRIMINAL LAW AND PROCEDURE - Cont’d Jury - Cont’d Charges to jury - Cont’d Objections to jury charges prior to deliberation, §17-8-58. Judge’s expression or intimation of opinion as to matters proved or guilt of accused, §17-8-57. Judges of law and facts, §17-9-2. Objections. Judge’s expression or intimation of opinion as to matters proved or guilt of accused, §17-8-57. Private knowledge. Juror not to act on, §17-9-20. Striking jurors where codefendants tried jointly, §17-8-4. Law enforcement officers. Fleeing or attempting to elude police officer while using motor vehicle. Habitual violators. Trial upon accusations, §17-7-70.1. Law students. Third-year laws students or staff instructors. Assisting in defense of indigent defendants, §§17-12-40 to Legal defense for indigents. Generally, §§17-12-1 to 17-12-80. Limitation on prosecutions. Excluded periods, §17-3-2. Extension of periods, §17-3-3. Generally, §17-3-1. Victim 65 or older, §17-3-2.2. Lineups. Identification procedures for lineups and showups, §§17-20-1 to Live lineups. Identification procedures for lineups and showups, §§17-20-1 to Mental competency at time of crime. Proceedings upon plea, §17-7-131. Mental competency to stand trial. Accused found mentally incompetent to stand trial, §17-7-130. Bona fide doubt as to competency. Court’s duty to inquired into competency, §17-7-129. Civil commitment or release. Accused found mentally incompetent to stand trial, §17-7-130.
INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Mental competency to stand trial - Cont’d Continued treatment. Substantial possibility competency attained, §17-7-130. Court’s duty to inquired into competency, §17-7-129. Definitions, §17-7-130. Evaluation of accused’s competency. Accused found mentally incompetent to stand trial, §17-7-130. Court order, §17-7-129. Motion by accused requesting, §17-7-130. Report, sealing, submission to accused’s attorney, release to prosecuting attorney, §§17-7-129, 17-7-130. Mental health advocacy division. Duty to represent indigents, §17-12-11. Mental health advocate, §17-12-11. Proceedings upon plea of incompetence, §17-7-130. Returning accused to custody of sheriff. Accused determined competent, §17-7-130. Special plea filed by accused. Procedure upon, §17-7-130. Speedy trial, demand. Period of time not included in determining if demand satisfied, §§17-7-170, 17-7-171. Trial on issue of competency. Court determining, §17-7-129. Procedures, §17-7-130. Mental health. Accused’s mental competency at time of crime. Proceedings upon plea, §17-7-131. Accused’s mental competency to stand trial. Bona fide doubt as competency. Court’s duty to inquired into competency, §17-7-129. Court’s duty to inquired into competency, §17-7-129. Evaluation of accused’s competency. Court order, §17-7-129. Report, sealing, submission to accused’s attorney, release to prosecuting attorney, §17-7-129.
CRIMINAL LAW AND PROCEDURE - Cont’d Mental health - Cont’d Accused’s mental competency to stand trial - Cont’d Proceedings upon plea of incompetence, §17-7-130. Trial on issue of competency. Court determining, §17-7-129. Procedures, §17-7-130. Accused’s sanity at time of offense, §17-7-130.1. Bail and recognizance. Forfeiture of bond for failure to appear. Mental disability not warranting, §17-6-72. Execution of mental incompetents, §§17-10-60 to 17-10-71. Guilty but mentally ill or with intellectual disability at time of crime, §17-7-131. Indigents found not guilty by reason of insanity or incompetent to stand trial. Mental health advocacy division. Duty to represent, §17-12-11. Mental health advocate, §17-12-5. Insanity defense. Accused’s sanity at time of offense, §17-7-130.1. Proceedings upon plea, §17-7-131. Mental health advocacy division. Indigents found not guilty by reason of insanity or incompetent to stand trial. Duty to represent, §17-12-11. Mental health advocate, §17-12-5. Mentally incompetent to be executed, §§17-10-60 to 17-10-71. Not guilty by reason of insanity, §17-7-131. Plea of insanity. Proceedings upon, §17-7-131. Ministerial officers. Effect of mistake or misprision, §17-1-3. Minors. Driving under the influence. Appeal bonds, §17-6-1. Grand jury. Time for presentment of child’s case, §17-7-50.1. Failure to timely present, transfer to juvenile court, §17-7-50.1.
INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Minors - Cont’d List of children in detention pending trial. Provided chief judges and prosecuting attorneys, §17-7-3. Mistrial. Argument of counsel. Improper statements, §17-8-75. Mention of possibility of clemency, §17-8-76. Transcript of testimony where mistrial results in felony case, §17-8-5. Motor vehicle accidents. Hit and run. Habitual violators. Trial upon accusations, §17-7-70.1. Leaving scene of accident. Habitual violators. Trial upon accusations, §17-7-70.1. Mutinous conduct by prisoners. Admissibility of testimony of inmates, §17-8-51. Nolle prosequi. Discharge and acquittal of accused. Lack of prosecution after demand for trial, §17-7-170. Capital cases and cases in which death penalty is sought, §17-7-171. Entry, §17-8-3. Extension of period for limitation on prosecutions, §17-3-3. Not guilty by reason of insanity, §17-7-131. Nuclear power facilities. Refusal to submit search or vacate premises upon request by security officers, §17-4-20. Pandering. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Peace bonds, §§17-6-110 to 17-6-114. Photo lineups. Identification procedures for lineups and showups, §§17-20-1 to Pimping. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Pleadings, motions and other papers. Defects. Arrest of judgment, §17-9-62.
CRIMINAL LAW AND PROCEDURE - Cont’d Pleadings, motions and other papers - Cont’d Filing and service, §17-1-1. Pretrial motions, filing, §17-7-110. Pleas. Arraignments. Generally, §17-7-93. Entering plea on indictment or accusation, §17-7-96. Failure of clerk to record plea, §17-7-97. Guilty but mentally ill or with intellectual disability at time of crime, §17-7-131. Guilty pleas. Recordation and pronouncement of judgment, §17-7-93. Trial upon, §17-7-70.1. Withdrawal, §17-7-93. Mental incompetency to stand trial. Proceedings upon plea, §17-7-130. No contest pleas, §17-7-95. Trial upon, §17-7-70.1. Not guilty for reason of insanity, §17-7-131. Not guilty pleas. Recordation and effect, §17-7-94. Where demurrer or special plea denied, §17-7-111. Plea of misnomer, §17-7-112. Receipt and entering of plea, §17-7-91. Silence of accused. Recordation and effect, §17-7-94. Special pleas, §17-7-111. Prefer accusation. Authority of district attorney and trial on accusation, §17-7-70.1. Preliminary hearings. Generally, §§17-7-20 to 17-7-34. Pretrial motions, filing, §17-7-110. Pretrial proceedings. Appeals. Cases in which death penalty sought, §17-10-35.1. Hearing to determine appropriateness of interim appellate review of pretrial rulings, §17-10-35.2. Arraignment, §§17-7-90 to 17-7-97. Change of venue, §§17-7-150 to Commitment hearings, §§17-7-20 to
INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Pretrial proceedings - Cont’d Subpoenas. Securing attendance of witnesses generally, §§17-7-190 to Profits from crimes. Search pursuant to lawful arrest. When authorized, §17-5-1. Son of Sam law, §§17-14-30 to Property damage. Graffiti. Removal by inmates, §§17-15A-1 to Protective orders. Harassment of victim or witness, §17-17-16. Public defenders. Legal defense for indigents. Generally, §§17-12-1 to 17-12-80. Recordation. Testimony in felony cases, §17-8-5. Records. Capital felony expenses. Maintenance by clerks of superior courts, §17-11-24. Death sentence. To whom copies sent, §17-10-33. Defects. Grounds for motions in arrest of judgment, §17-9-62. Municipal courts. Authority to seal criminal records, §17-8-6. Restitution and distribution of profits to victims of crimes. Distribution of profits of crimes, §§17-14-30 to 17-14-32. Restitution generally, §§17-14-1 to Sentence and punishment. Death penalty generally, §§17-10-30 to Mentally incompetent to be executed, §§17-10-60 to 17-10-71. Procedure for sentencing and imposition of punishment, §§17-10-1 to 17-10-21. Service of process, §17-1-1. Shoplifting. Trial upon accusations, §17-7-70.1. Showups. Identification procedures for lineups and showups, §§17-20-1 to
CRIMINAL LAW AND PROCEDURE - Cont’d Silence of accused. At arraignments. Recordation and effect, §17-7-94. Commitment hearings. Effect of failure of accused to testify, §17-7-28. Preliminary commitment hearings. Effect of failure of accused to testify, §17-7-28. Son of Sam law. Violations, §17-14-32. Special presentments. Presentation to jury, §17-8-2. Prosecutions upon, §17-7-51. Stalking. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Statutory rape. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Subpoenas. Witnesses. Grand jury or trial proceedings generally, §§17-7-190 to Subpoenaing upon change of venue, §17-7-151. Sureties. Bail bondsmen. Violations, §§17-6-30, 17-6-55. Temporary restraining orders. Harassment of victim or witness, §17-17-16. Theft. Robbery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Treason. Bail and recognizance. Where offense bailable, §17-6-1. Death penalty, §17-10-30. Trials, §§17-8-1 to 17-8-76. Accusations in felony cases, §17-7-70. Generally, §§17-7-70 to 17-7-73. Trial upon, §17-7-70.1. Accusations in misdemeanor cases, §17-7-70. Announcement by state of readiness for trial. Required prior to announcement by defendant, §17-7-172.
INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Trials - Cont’d Argument of counsel, §§17-8-70 to Bail bond posted for preliminary hearing. Use for trial appearance, §17-6-14. Calling cases in order in which they stand on docket, §17-8-1. Charges to jury, §17-8-56. Judge’s expression or intimation of opinion as to matters proved or guilt of accused, §17-8-57. Objections to jury charges prior to deliberation, §17-8-58. Codefendants, §17-8-4. Continuances, §§17-8-20 to 17-8-38. Demand for speedy trial, §§17-7-170, Tolling of demand for trial. Party, leading attorney or material witness on National Guard duty or active duty with armed forces, §17-8-31. Escapees from correctional institutions, §17-8-50. Extradited persons. Persons charged with crimes in Georgia. Trial for other criminal prosecutions while in state, §17-13-48. Persons charged with crimes in other states. Effect of provisions as to right, power or privilege of state to try demanded person, §17-13-47. Guilty plea. Trial upon, §17-7-70.1. Indictments to be presented to jury, §17-8-2. Joint trials, §17-8-4. Judge’s expression or intimation of opinion as to matters proved or guilt of accused. Jury trial, §17-8-57. Mental incompetency to stand trial. Proceedings upon plea of mental incompetency, §17-7-130. Mistrial. Argument of counsel. Improper statements, §17-8-75. Mention of possibility of clemency, §17-8-76.
CRIMINAL LAW AND PROCEDURE - Cont’d Trials - Cont’d Mistrial - Cont’d Transcript where mistrial results in felony case, §17-8-5. No contest plea. Trial upon, §17-7-70.1. Objections. Judge’s expression or intimation of opinion as to matters proved or guilt of accused, §17-8-57. Order of trial, §17-8-1. Preferred scheduling. Disabled adult or elder victim, §17-8-1. Public’s right to be at trial. Exclusion of public from courtroom when evidence vulgar, etc., §17-8-53. Readiness for trial. Requirement of announcement by state prior to announcement by defendant, §17-7-172. Separate trials. Codefendants, §17-8-4. Special presentments to be presented to jury, §17-8-2. Speedy trial. Capital cases. Demand, filing, §17-7-171. Discharge for lack of timely prosecution, §17-7-171. Time for trial when demand filed, §17-7-171. Competency of defendant proceedings. Period of time not included in determining if demand satisfied, §§17-7-170, Demand, filing, §17-7-170. Capital cases, §17-7-171. Discharge and acquittal for lack of prosecution after demand made for trial, §17-7-170. Capital cases including cases in which death penalty is sought, §17-7-171. Expiration of demand, §17-7-170. Mistrial. Time of trial, §17-7-170. Party, leading attorney or material witness on active duty with national guard or armed forces. Continuance granted, tolling of demand, §17-8-31.
INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Trials - Cont’d Speedy trial - Cont’d Reversal of case. New demand required, §17-7-170. Time for trial when demand filed, §17-7-170. Capital cases, §17-7-171. Vandalism. Graffiti. Removal by inmates, §§17-15A-1 to Venue, §§17-2-2, 17-2-3. Change. Costs and expenses, §17-11-5. Defendant arrested, held or present in county other than that in which indictment or accusation is pending, §17-2-4. Issuance of subpoenas, §17-7-151. Procedures, §17-7-150. Subsequent changes, §17-7-152. Transfer of evidence, list of witnesses and papers, §17-7-151. Defendant arrested, held or present in county other than that in which indictment or accusation is pending, §17-2-4. Verdicts. Acquittal of accused. Directed verdict, §17-9-1. Action by juror on private knowledge as to facts, witnesses, etc., §17-9-20. Amendment after dispersion of jury, §17-9-40. Construction, §17-9-2. Death penalty, §17-10-30. Jury instructions, §17-10-31. Requirement of jury finding of aggravating circumstance and recommendation of death penalty, §17-10-31. Directed verdict, §17-9-1. Duty to impose, §17-9-2. Guilty verdicts. Recommendations for mercy in capital cases, §17-9-3. Effect of no recommendation, §17-9-3. Where defendant under age of 17 at time of commission of offense, §17-9-3.
CRIMINAL LAW AND PROCEDURE - Cont’d Verdicts - Cont’d Judge’s expression of approval or disapproval, §17-9-22. Commending or complimenting of jury, §17-9-23. Life without parole. Jury instructions, §17-10-31. Province of jury, §17-9-2. Receipt, §17-9-21. Witnesses. Absence of witness. Continuances. Grounds for granting of continuance, §17-8-25. Accused’s witnesses. Subpoenaing, §§17-7-191, 17-7-192. Accused wishing to testify. Commitment hearings, §17-7-28. Aliens acting as witnesses to crime. Immigration status not investigated, §17-5-100. Child witnesses. Exclusion of persons from courtroom when person under age of 16 testifies concerning sex offense, §17-8-54. Presence of accused, testimony outside of, §17-8-55. Codefendants. Right to testify for or against one another, §17-8-4. Commitment hearings. Accused wishing to testify, §17-7-28. Bonds to secure appearance, §§17-7-26, 17-7-27. Failure of accused to testify. No presumption, no comment, §17-7-28. Indorsement of names of state’s witnesses on warrant, §17-7-31. Power of court to compel attendance, §17-7-25. Death penalty cases. Transcript of testimony, §17-8-5. Escapees from correctional institutions. Testimony of other inmates at trial of, §17-8-50. Failure of accused to testify. No presumption, no comment. Commitment hearings, §17-7-28. Felony cases. Recordation of testimony, §17-8-5.
INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Witnesses - Cont’d Harassment of victim or witness. Temporary restraining order or protective order, §17-17-16. Material witnesses for state before grand jury. Subpoena, list of persons subpoenaed furnished prosecuting officers, §17-7-190. Mutiny of inmates. Testimony of inmates in trials for, §17-8-51. Oath to be administered, §17-8-52. Protective orders. Harassment of victim or witness, §17-17-16. Securing attendance of witnesses, §§17-7-190 to 17-7-192. Sex offense cases. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Exclusion of persons from courtroom when person under age of 16 testifies, §17-8-54. Subpoenas. Change of venue, §17-7-151. Grand jury or trial proceedings, §§17-7-190 to 17-7-192. Temporary restraining orders. Harassment of victim or witness, §17-17-16. CRIMINAL PROCEDURE. Arrest of persons. Arrest by law enforcement officers generally, §§17-4-20 to 17-4-29. Arrest by private persons, §§17-4-60 to General provisions, §§17-4-1 to 17-4-3. Warrants for arrest, §§17-4-40 to Bonds and recognizance. Bonds for good behavior, §§17-6-90 to Bonds to keep the peace, §§17-6-110 to General provisions, §§17-6-1 to Proceedings for forfeiture of bonds or recognizance, §§17-6-70 to 17-6-73. Sureties. General provisions, §17-6-31.
CRIMINAL PROCEDURE - Cont’d Bonds and recognizance - Cont’d Sureties - Cont’d Professional bondsmen, §§17-6-50 to General provisions, §§17-1-1 to 17-1-4. Identification procedures for lineups and showups, §§17-20-1 to 17-20-3. Jurisdiction and venue, §§17-2-1 to Limitations on prosecution, §§17-3-1 to 17-3-3. Pretrial proceedings. Accusations, §§17-7-70 to 17-7-73. Announcement of readiness for trial, §17-7-172. Arraignment and pleas generally, §§17-7-90 to 17-7-97. Commitment hearings, §§17-7-20 to Demand for speedy trial, §§17-7-170, Demurrers, motions and special pleas and exceptions. Change of venue, §§17-7-150 to General provisions, §§17-7-111 to Insanity and mental incompetency, §§17-7-130 to 17-7-131. General provisions, §§17-7-1, 17-7-2. Indictments, §§17-7-50 to 17-7-55. Procedure for securing attendance of witnesses at grand jury or trial proceedings, §§17-7-190 to Searches and seizures. Disposition of property seized, §§17-5-50 to 17-5-56. Searches without warrants, §§17-5-1, Searches with warrants, §§17-5-20 to Sentence and punishment. Death penalty generally, §§17-10-30 to Mentally incompetent to be executed, §§17-10-60 to 17-10-71. Procedure for sentencing and imposition of punishment, §§17-10-1 to 17-10-21. Trial. Conduct and argument of counsel, §§17-8-70 to 17-8-76. Conduct of proceedings, §§17-8-50 to
INDEX CRIMINAL PROCEDURE - Cont’d Trial - Cont’d Continuances, §§17-8-20 to 17-8-38. General provisions, §§17-8-1 to 17-8-6. Verdict and judgment generally. Amendment and impeachment of verdict, §17-9-40. General provisions, §§17-9-1 to 17-9-4. Motions in arrest, §§17-9-60 to Rendition and receipt of verdict, §§17-9-20 to 17-9-23. CRIMINAL STREET GANGS. Bail and pretrial release. Probable cause showing pattern of criminal gang activity, §17-6-1. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. Criminal gang activity defined. Unlawful participation in street gang activity. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Participation in criminal gang activity. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
CRUELTY TO CHILDREN - Cont’d Limitation of actions. Time of prosecution of offense where victim under sixteen years of age, §17-3-2.1. CUNNILINGUS. Bail and recognizance, §17-6-1. Sodomy. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Information for victims, §§17-18-1, Time of prosecution where victim under sixteen years of age, §17-3-2.1. CURTILAGE. Searches and seizures. Command of search warrant, §17-5-23. D
CRIMINAL TRESPASS. Arrest by citation, §17-4-23. Graffiti. Compensation for criminally inflicted property, §§17-15A-1 to 17-15A-4. Graffiti defined, §17-15A-2. Legislative authority for enacting provisions, §17-15A-1. Legislative findings, §17-15A-3. Removal of graffiti by inmates, §17-15A-4. CRUEL OR EXCESSIVE PHYSICAL OR MENTAL PAIN. Cruelty to children in the first degree. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
DAMAGES. Bail recovery agents. Entry on wrong property. Liability for damages, §17-6-58. Restitution. Amount limited by amount of victim’s damages, §17-14-9. Victims of crimes. Rights of victims. Failure to provide notice not rendering responsible person liable for damages, §17-17-15. DAMAGE TO PROPERTY. Criminal trespass. Arrest by citation, §17-4-23. Graffiti. Compensation for criminally inflicted property, §§17-15A-1 to 17-15A-4. Graffiti defined, §17-15A-2. Legislative authority for enacting provisions, §17-15A-1. Legislative findings, §17-15A-3. Removal of graffiti by inmates, §17-15A-4. DEAD DOCKETING. Release of surety on bond, §17-6-31.
CRUELTY TO CHILDREN. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
DEADLY FORCE. Apprehension of suspected felons, §17-4-20. Arrest. Use, §17-4-20.
INDEX DEAF AND HEARING IMPAIRED PERSONS. Arrest. Interpreters provided. Arresting officer to comply with provisions, §17-4-30. Interpreters. Arresting law enforcement agency. Arresting officer to comply with provisions, §17-4-30. DEATH CHAMBER, §17-10-44. Provision by department of corrections, §17-10-44. DEATH PENALTY. Acquittal of accused. Lack of prosecution after demand made for trial, §17-7-171. Aggravating circumstances. Consideration in imposing penalty, §17-10-30. Jury finding required prior to imposition of penalty, §17-10-31. Alternative sentencing, §17-10-32. Appeals, §17-10-35. Interim appellate review of pretrial rulings, §17-10-35.2. Mentally incompetent to be executed. Proceedings to establish incompetency, §17-10-70. Review of pretrial proceedings in cases in which death penalty sought, §17-10-35.1. Unified review procedure. Establishment by supreme court, §17-10-36. Argument of counsel. Closing arguments in capital felony cases, §17-8-73. Assistant to supreme court. Review of death sentences, §17-10-37. Attorney general. Order of execution. Copy to be sent to attorney general, §17-10-40. Sentencing. Imposition of death sentence. Copy of sentence to be sent to attorney general, §17-10-33. Biological material evidence in death penalty case. Preservation until sentence carried out, §17-5-56. Capital defender division. Indigents charged with capital felony. Capital defender, §17-12-5.
DEATH PENALTY - Cont’d Capital defender division - Cont’d Indigents charged with capital felony - Cont’d Division unable to defend. Appointment of private counsel, §17-12-12.1. Duty to represent, §17-12-12. Closing arguments in capital felony cases, §17-8-73. Commutation of death sentence. Crime victims’ bill of rights. Notice to victim of hearing on request for commutation, §17-17-13. Corpses of executed persons. Disposition, §17-10-43. Costs of imposition. Capital felony expense act. General provisions, §§17-11-20 to Definitions. Mentally incompetent to be executed, §17-10-60. Delivery to Department of Corrections for execution. Duty of trial judge in passing sentence, §17-10-38. Developmental disabilities. Defendant guilty but developmentally disabled, §17-7-131. Discharge of accused. Lack of prosecution after demand made for trial, §17-7-171. DNA. Biological material evidence in death penalty case. Preservation until sentence carried out, §17-5-56. Electrocution. Death chamber apparatus, etc. Furnishing by department of corrections, §17-10-44. Evidence in death penalty cases. Biological material evidence. Preservation until sentence carried out, §17-5-56. Executioners. Number required to be present at executions, §17-10-41. Preparation and filing of certificate of execution, §17-10-42. Grand jury. Extension of time required for grand jury hearing, §17-7-50.
INDEX DEATH PENALTY - Cont’d Habeas corpus. Unified review procedure. Establishment by supreme court. Effect on habeas corpus, §17-10-36. Indigents charged with capital felony. Capital defender division. Capital defender, §17-12-5. Division unable to defend. Appointment of private counsel, §17-12-12.1. Duty to represent, §17-12-12. Jointly indicted defendants for capital offense. Procedure for trial, §17-8-4. Judges. Duties, §17-10-33. Jury instructions. Verdict, §17-10-31. Lethal injection. Method of execution, §17-10-38. Life imprisonment. Guilty plea. Sentencing of person indicted for capital offense, §17-10-32. Limitation on prosecutions. Crimes punishable by death, §17-3-1. Medical professionals. Participation in executions. Not subject to licensure challenge, suspension or revocation, §17-10-42.1. Mentally incompetent to be executed, §§17-10-60 to 17-10-71. Appeals, §17-10-70. Defined terms, §17-10-60. Determination of incompetency. Effect, §17-10-61. Presumption of mental competency. Prior adjudication, §17-10-69. Procedure to establish. Applications. Answer by respondent, §17-10-65. Contents, §17-10-63. Filing, §17-10-63. When, §17-10-67. Service, §17-10-64. Evidence, §17-10-68. Prior adjudication as presumption of mental competency, §17-10-69. Examination of applicant, §17-10-66. Exclusivity of procedure, §17-10-62.
DEATH PENALTY - Cont’d Mentally incompetent to be executed - Cont’d Procedure to establish - Cont’d Order of court, §17-10-69. Procedure upon convicted person’s regaining mental competency, §17-10-71. Minors, §17-9-3. Mitigating circumstances. Consideration in imposing penalty, §17-10-30. Persons required to be present, §17-10-41. Physicians and surgeons. Not to be compelled to participate in execution, §17-10-38. Number required to be present at execution, §17-10-41. Preparation and filing of certificate of execution, §17-10-42. Physicians not to be compelled to participate in execution, §17-10-38. Place of execution. Specification in sentence, §17-10-34. Pregnant females, §17-10-39. Time period for execution, §17-10-34. Presentence hearings, §17-10-2. Presumptions. Mental incompetents to be executed. Prior adjudication of mental competence, §17-10-69. Record of sentence. To whom copies sent, §17-10-33. Separate trial for jointly indicted defendants for capital offense, §17-8-4. Speedy trial in capital cases. Demand, filing, §17-7-171. Discharge, lack of timely prosecution, §17-7-171. Time for trial after demand, §17-7-171. Statute of limitations, §17-3-1. Time period for execution. Changing where period is elapsed, §17-10-40. Length of and time limitation for new time period, §17-10-40. Setting of day and time for execution by department of corrections, §17-10-40. Specification in sentence, §17-10-34. Transcripts of testimony, §17-8-5. Treason. Imposition authorized, §17-10-30.
INDEX DEATH PENALTY - Cont’d Verdicts, §17-10-30. Jury instructions, §17-10-31. Requirement of jury finding of aggravating circumstance, §17-10-31. Where jury does not recommend mercy in verdict, §17-9-3. Witnesses. Persons required to be present at executions, §17-10-41. DEATH ROW INMATES. Transporting to prison, §17-10-33. DEBAUCHERY. Vulgar or obscene evidence. Closed trials, §17-8-53. DEBTORS AND CREDITORS. Probation. Payment of debt owed to state as condition, §17-15-13. DEBTS OWED TO STATE. Probation. Payment as condition, §17-15-13. DEFINED TERMS. Accused. Crime victims’ bill of rights, §17-17-3. Active probation supervision. Sentencing, probation or suspension, §17-10-1. Administrative probation supervision. Sentencing, probation or suspension, §17-10-1. Arrest. Crime victims’ bill of rights, §17-17-3. Arresting law enforcement agency. Crime victims’ bill of rights, §17-17-3. Assistant public defender, §17-12-2. Bail, §17-6-1. Bail recovery agent, §17-6-56. Bail restricted offense, §17-6-12. Bench warrant, §17-7-90. Capital felony case. Reimbursement of counties for expenses, §17-11-21. Capital felony expenses. Reimbursement of counties, §17-11-21. Child. Competency to stand trial, §17-7-130. Criminal procedure, testimony outside physical presence of accused, §17-8-55.
DEFINED TERMS - Cont’d Circuit public defender, §17-12-2. Third-year law students assisting in defense of indigent defendants, §17-12-40. Circuit public defender office, §17-12-2. Civil commitment. Competency to stand trial, §17-7-130. Civil forfeiture proceeding. Personal property subject of crime or abandoned in custody of law enforcement, disposition, §17-5-54. Claimant. Victim compensation, §17-15-2. Compensation. Crime victims’ bill of rights, §17-17-3. Convicted person. Son of Sam law, §17-14-30. Conviction. Restitution, §17-14-2. Council. Public defender council, §17-12-2. County. Bail, good behavior bonds, §17-6-90. County revenue. Reimbursement of counties in capital felony prosecutions, §17-11-21. Course of conduct. Crime victims’ bill of rights, §17-17-16. Court. Competency to stand trial, §17-7-130. Crime. Crime victims’ bill of rights, §17-17-3. Victim compensation, §17-15-2. Criminal justice agency. Crime victims’ bill of rights, §17-17-3. Criminally injurious conduct. Crime victims compensation, §17-15-7. Criminal proceeding. Third-year law students assisting in defense of indigent defendants, §17-12-40. Criminal violation. Investigation of illegal alien status, §17-5-100. Custodial authority. Crime victims’ bill of rights, §17-17-3. Damages. Restitution, §17-14-2. Designated misdemeanors. Crimes involving bias or prejudice, sentencing, §17-10-17. Developmental disability. Competency to stand trial, §17-7-130.
INDEX DEFINED TERMS - Cont’d Developmental disability - Cont’d Sentencing, §17-10-1. Director. Public defender council, §17-12-2. Direct service provider. Victim compensation, §17-15-2. Disabled adult. Criminal trials, sequence for calling cases, §17-8-1. Documentary evidence. Search and seizure, §17-5-32. Elder person. Criminal trials, sequence for calling cases, §17-8-1. Executive authority. Criminal extradition, §17-13-21. Fillers. Identification procedures for lineups and showups, criminal procedure, §17-20-1. Firearm. Personal property subject of crime or abandoned in custody of law enforcement, disposition, §17-5-54. Forensic medical examination. Sexual assault protocol, §17-5-70. Victim compensation, §17-15-2. Funds. Victim compensation, §17-15-2. Governor. Criminal extradition, §17-13-21. Graffiti. Compensation for criminally inflicted property, §17-15A-2. Harassment. Crime victims’ bill of rights, §17-17-16. Illegal alien. Investigation of illegal alien status, §17-5-100. Indigent person. Public defender, §17-12-2. Inpatient. Competency to stand trial, §17-7-130. Insane at time of crime, §17-7-131. Intellectual disability. Proceedings upon plea of insanity or mental competency at time of crime, §17-7-131. Investigating law enforcement agency. Crime victims’ bill of rights, §17-17-3. Sexual assault protocol, §17-5-70. Investigator. Victim compensation, §17-15-2.
DEFINED TERMS - Cont’d Law enforcement agency. Identification procedures for lineups and showups, criminal procedure, §17-20-1. Personal property subject of crime or abandoned in custody of law enforcement, disposition, §17-5-54. Law school. Third-year law students assisting in defense of indigent defendants, §17-12-40. Legislative oversight committee. Public defender, §17-12-2. Live lineups. Identification procedures for lineups and showups, criminal procedure, §17-20-1. Mail. Crime victims’ bill of rights, §17-17-12.1. Mentally ill. Proceedings upon plea of insanity or mental competency at time of crime, §17-7-131. Mentally incompetent to be executed, §17-10-60. Nonserious traffic offense. Law enforcement officers, indictment or special presentment, §17-7-52. Nonviolent offense. Competency to stand trial, §17-7-130. Notice. Crime victims’ bill of rights, §17-17-3. Notification. Crime victims’ bill of rights, §17-17-3. Notify. Crime victims’ bill of rights, §17-17-3. Offender. Restitution, §17-14-2. Ordering authority. Restitution, §17-14-2. Outpatient. Competency to stand trial, §17-7-130. Paid in part. Public defender. Recovery of attorney’s fees, §17-12-50. Parents. Restitution, §17-14-2. Penal actions, §17-1-2. Person. Crime victims’ bill of rights, §17-17-3. Photo lineups. Identification procedures for lineups and showups, criminal procedure, §17-20-1.
INDEX DEFINED TERMS - Cont’d Possession, custody or control of the state or prosecution. Felony discovery, §17-16-1. Predominant aggressors. Family violence complaints, §17-4-20.1. Promptly notify. Crime victims’ bill of rights, §17-17-3. Prompt notice. Crime victims’ bill of rights, §17-17-3. Prompt notification. Crime victims’ bill of rights, §17-17-3. Prosecuting attorney. Crime victims’ bill of rights, §17-17-3. Public defender, §17-12-2. Recovery of attorney’s fees, §17-12-50. Relief. Restitution, §17-14-2. Restitution, §17-14-2. Restitution order, §17-14-2. Rightful owners. Personal property subject of crime or abandoned in custody of law enforcement, disposition, §17-5-54. Serious mental or emotional trauma. Victim compensation, §17-15-2. Serious violent felony, §17-10-6.1. Competency to stand trial, §17-7-130. Repeat offenders, sentence and punishment, §17-10-7. Sexual assault. Sexual assault protocol, §17-5-70. Sexual offense. Competency to stand trial, §17-7-130. Punishment for sexual offenders, §17-10-6.2. Showups. Identification procedures for lineups and showups, criminal procedure, §17-20-1. Significant exposure. AIDS transmitting crimes, §17-10-15. Significant financial hardship. Sentencing, §17-10-1. Split sentence. Community supervision department post-incarceration supervision, §17-10-1.4. Staff instructor. Third-year law students assisting in defense of indigent defendants, §17-12-40. State. Criminal extradition, §17-13-21.
DEFINED TERMS - Cont’d Statement of a witness. Felony discovery, §17-16-1. Suspects. Identification procedures for lineups and showups, criminal procedure, §17-20-1. Third-year law student. Third-year law students assisting in defense of indigent defendants, §17-12-40. Totally and permanently disabled. Sentencing, §17-10-1. Unsecured judicial release. Bail and recognizance, §17-6-12. Victim, §17-14-2. Compensation, §17-15-2. Crime victims’ bill of rights, §17-17-3. Violent offense. Competency to stand trial, §17-7-130. Witnesses. Identification procedures for lineups and showups, criminal procedure, §17-20-1. DEMAND FOR TRIAL. Criminal procedure. Capital cases, §17-7-171. DEMURRERS. Indictments, §17-7-111. Quashing indictment as bar to further prosecution, §17-7-53.1. DEPORTATION. Bail and recognizance. Forfeitures. Conditions not warranting forfeiture for failure to appear, §17-6-72. DEPRAVITY OF MIND. Death penalty for offenses involving, §17-10-30. DEPUTIES. Correctional institution superintendents. Presence at execution of convicted person, §17-10-41. Public defenders. Circuit public defender. Employment of deputy circuit defenders, §17-12-31. DESERTION. Abandonment of spouse or child. Sentence suspension, modification or probation. Payment of child support as condition, §17-10-1.
INDEX DESERTION - Cont’d Child support. Sentence suspension, modification or probation. Payment of child support as condition, §17-10-1. DESTITUTE PERSONS. Legal defense of indigent defendants. Generally, §§17-12-1 to 17-12-80. DETAINERS. Appearance bonds. Conditions not warranting forfeiture. Request that detainer be placed on principal, §17-6-72. DIRECTED VERDICT. Acquittal of accused, §17-9-1. DISABLED PERSONS. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. Criminal law and procedure. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. Protection of disabled adults and elder persons. Arrest by law enforcement officers, §17-4-20. DISCOVERY. Alibi defense. Alibi witnesses, §17-16-5. Criminal proceedings. Felonies, §§17-16-1 to 17-16-10. Alibi witnesses, §17-16-5. Application of provisions, §17-16-2. Continuing duty to disclose, §17-16-4. Costs. Reimbursement for costs, §17-16-9. Criminal history. Prosecution’s duty to furnish defendant, §17-16-4. Defendant as witness, §17-16-1. Evidence in aggravation of punishment. Notice to defendant, §17-16-4. Failure to comply with requirements, §17-16-6.
DISCOVERY - Cont’d Criminal proceedings - Cont’d Felonies - Cont’d Forensic sciences division or other laboratories. Testing or analyzing evidence in custody of, §17-16-4. Indictment or accusation, §17-16-3. Inspection and copying of materials, §17-16-4. Material or information already furnished, §17-16-10. Oral reports reduced to writing, §17-16-4. Physical or mental examination results. Inspection and copying, §17-16-4. Possession, custody or control of the state or prosecution. Defined, §17-16-1. Required disclosure, §17-16-4. Scientific test or experiment results. Inspection and copying, §17-16-4. Statements, §17-16-4. Witnesses, §§17-16-1, 17-16-7. Threat or physical or economic harm. Discovery creating, §17-16-4. Time for making required disclosures, §17-16-4. Witnesses. Alibi witnesses, §17-16-5. Defendant as a witness, §17-16-1. List of witnesses, §17-16-3. Lists of names and information concerning, §17-6-8. Statements, §§17-16-1, 17-16-7. Who may be called as witness, §17-16-10. Written or recorded statements made by defendant. Prosecution’s duty to disclose, §17-16-4. Misdemeanors, §§17-16-20 to 17-16-23. Application of provisions, §17-16-20. Defendant’s right to copies of information, §§17-16-21, Indictment or accusation, §17-16-21. List of witnesses, §17-16-21. Scientific reports, §17-16-23. Statement given while in police custody, §17-16-22. Felonies, §§17-16-1 to 17-16-10. Misdemeanors, §§17-16-20 to 17-16-23.
INDEX DISCRIMINATION. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. Criminal law and procedure. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. Hate crimes. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. Peace officers. Authority of officers to make arrest not to be denied because of race, creed, etc., §17-4-22. DISFIGUREMENT. Bailability of certain offenses. Offenses involving serious injury, §17-6-1. DISTRIBUTING CONTROLLED SUBSTANCES OR MARIJUANA. Trial upon accusations, §17-7-70.1. DISTRICT ATTORNEYS. Children in detention pending trial. List provided chief judges and prosecuting attorneys, §17-7-3. Maintenance of penal actions, §17-1-2. DNA. Biological material evidence. Maintenance and preservation, §§17-5-56, 17-5-71. Sex offenses. Sexual assault protocol. Preservation of evidence, §17-5-71.
DOGS. Police dogs. Simple battery upon. Child witnesses. Presence of accused, testimony outside of, §17-8-55. DOMESTIC TERRORISM. Death penalty. Imposition authorized, §17-10-30. Penalties. Death penalty. Imposition authorized, §17-10-30. DOUBLE JEOPARDY. Bail and recognizance. Cash bonds for motor carriers, hazardous materials transportation and road taxes violations. Forfeiture of bond as bar to subsequent prosecution, §17-6-8. Cash bonds for traffic, game, fish, etc., violations. Forfeiture of bond as bar to subsequent prosecution, §17-6-8. Grand jury returns. Operation of two returns of “no bill” on charge, §17-7-53. Quashing of second grand jury indictment or presentment, §17-7-53.1. No contest pleas. Imposition of sentence upon plea, §17-7-95. DRAFTS. Sales contracts. Trial upon accusations, §17-7-70.1.
DOCKETS. Cash bonds. Recordation of receipt on docket, §17-6-4. Continuances. Criminal cases. Entry of date of continuance upon docket of courts, §17-8-36. Criminal dockets. Cases called in order in which they stand on docket, §17-8-1. Entry of date of continuance, §17-8-36. Searches and seizures. Maintenance of docket record of warrants issued, §17-5-22.
DRIVERS’ LICENSES. Anatomical gifts. Examination of license at scene of motor vehicle accident, §17-6-11. Bail collateral, §17-6-2. Display of license in lieu of bail, recognizance or incarceration, §17-6-11. Motor vehicle accidents. Organ donations. Examination of license at scene of fatal accident, §17-6-11. Organ donations. Examination of license at scene of motor vehicle accident, §17-6-11. DRIVING UNDER THE INFLUENCE. Appeal bonds, §17-6-1.
INDEX DRIVING UNDER THE INFLUENCE - Cont’d Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. Compensation to victims. Deceased victim of homicide by vehicle in violation of drunk driving statute. Memorial erected on state highway, §17-15-8. Memorial sign erected on state highway. Crime victims compensation. Compensation where deceased victim of homicide by vehicle in violation of drunk driving statute, §17-15-8. Victim of homicide by vehicle in violation of drunk driving statute. Memorial erected on state highway, §17-15-8. DRUG COURT DIVISIONS. Public defenders. Circuit public defender. Compensation. Accountability court salary supplement, §§17-12-25, DRUGS. Administering. Bail and recognizance. Where offense bailable, §17-6-1. Controlled substances. Trial upon accusation, §17-7-70.1. Bail and recognizance. Administering. Where offense bailable, §17-6-1. Cocaine. Trafficking in. Bail and recognizance. Appeal bonds, §17-6-1. Where offense bailable, §17-6-1. Controlled substances. Administering. Trial upon accusation, §17-7-70.1. Arrest by citation for violations, §17-4-23. Cocaine. Trafficking in. Bail and recognizance. Appeal bonds, §17-6-1. Where offense bailable, §17-6-1.
DRUGS - Cont’d Controlled substances - Cont’d Delivery. Trial upon accusation, §17-7-70.1. Dispensing. Bail and recognizance. Where offense bailable, §17-6-1. Trial upon accusation, §17-7-70.1. Distributing. Bail and recognizance. Where offense bailable, §17-6-1. Trial upon accusation, §17-7-70.1. Manufacture. Bail and recognizance. Where offense bailable, §17-6-1. Trial by accusation, §17-7-70.1. Minors. Hiring, soliciting, etc., minor for purpose of manufacturing, distributing, etc. Trial by accusation, §17-7-70.1. Possession. Marijuana. Trial upon summons or citation without accusation, §17-7-72. Trial by accusation, §17-7-70.1. Sale. Bail and recognizance. Where offense bailable, §17-6-1. Trial upon accusation, §17-7-70.1. Delivery. Bail and recognizance. Where offense bailable, §17-6-1. Trial upon accusation, §17-7-70.1. Dispensing. Bail and recognizance. Where offense bailable, §17-6-1. Trial upon accusation, §17-7-70.1. Distributing. Bail and recognizance. Where offense bailable, §17-6-1. Trial upon accusation, §17-7-70.1. Evidence. Custody, storage and disposal of dangerous contraband, §17-5-55. Manufacture. Bail and recognizance. Where offense bailable, §17-6-1. Trial upon accusation, §17-7-70.1. Marijuana. Driving under the influence. Appeal bonds, §17-6-1. Manufacturing, distributing, etc. Trial upon accusation, §17-7-70.1. Possession. Trial upon accusation, §17-7-70.1.
INDEX DRUGS - Cont’d Marijuana - Cont’d Possession - Cont’d Trial upon summons or citation without accusation, §17-7-72. School system educators. Bail and recognizance. Where offense bailable, §17-6-1. Trafficking in. Bail and recognizance. Appeal bonds, §17-6-1. Minors. Hiring, soliciting, etc., minor for purpose of manufacturing, distributing, etc. Trial upon accusation, §17-7-70.1. Possession. Marijuana. Trial upon accusation, §17-7-70.1. Trial upon summons or citation without accusation, §17-7-72. Trial upon accusation, §17-7-70.1. Sale. Bail and recognizance. Where offense bailable, §17-6-1. Trial upon accusation, §17-7-70.1. Theft. Taking from pharmacy in course of committing armed robbery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. E EARNED-TIME ALLOWANCES. Persons sentenced for misdemeanors of a high and aggravated nature, §17-10-4. Restitution as condition, §17-14-3. ELDERLY PERSONS. Vulnerable adults. Arrest by law enforcement officer, §17-4-20. ELECTROCUTION. Death penalty. Death chamber apparatus, etc. Furnishing by department of corrections, §17-10-44. ELECTRONIC MONITORING. Electronic pretrial release and monitoring program. Alternative to posting bail or as special condition of bond, §17-6-1.1.
EMBEZZLEMENT. Trial upon accusations, §17-7-70.1. EMERGENCIES. Bail and recognizance. Medical emergency. Release by sheriff upon consent of judge, §17-6-1. ENCAMPMENTS. Organized militia. Privilege from arrest during attendance at encampments, §17-4-2. ENTICING CHILD FOR INDECENT PURPOSES. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Prosecution of offense. Time where victim under sixteen years of age, §17-3-2.1. ESCAPE. Arrest of persons escaping or attempting to escape, §17-4-20. By private persons, §17-4-60. Search pursuant to lawful arrest, §17-5-1. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. Trials of inmates escaping from justice, §17-8-50. Trial upon accusations, §17-7-70.1. EVIDENCE. Accused wishing to testify. Commitment hearings, §17-7-28. Biological material evidence. Maintenance and preservation, §17-5-56. Criminal commitment or preliminary hearings. Applicability, hearsay admissible, §§17-4-40, 17-7-28. Custodian of evidence introduced at trial, §17-5-55. Dangerous evidence or contraband. Securing, §17-5-55. Death penalty. Mentally competent to be executed. Prior adjudication of competence as presumption of competence, §17-10-69.
INDEX EVIDENCE - Cont’d Death penalty - Cont’d Mentally competent to be executed - Cont’d Procedure to establish, §17-10-68. Disposal of unclaimed evidence after trial, §17-5-55. DNA sampling, analysis, collection. Preservation of evidence, §17-5-71. Evidence log. Custodian of evidence to create, §17-5-55. Exclusion, suppression. Illegally seized evidence. Documentary evidence in possession of attorney, §17-5-32. Motion to suppress, §17-5-30. Technical irregularities in search warrants, §17-5-31. Exhibits at trial. Tagging and custody of evidence, §17-5-55. Failure of accused to testify. No presumption, no comment. Commitment hearings, §17-7-28. Hearsay. Criminal commitment or preliminary hearing. Admissibility, §§17-4-40, 17-7-28. Inventory of evidence after verdict and judgment. Custodian of evidence, §17-5-55. Mental health. Examination admissibility, §17-7-130.1. Execution of mental incompetents. Presumption of mental competency. Prior adjudication of competence to be executed, §17-10-69. Procedure to establish mental incompetency, §17-10-68. Motions. Illegally seized evidence. Motion to suppress, §17-5-30. Mutiny. Testimony of inmates in trials for crime of mutiny, §17-8-51. Photographs. Seized items unlawfully obtained. Admissibility of photographs in lieu of original property, §17-5-50. Preservation. Biological material evidence, §17-5-56. Restitution orders or payments. Setoffs against judgments in civil actions, §17-14-11.
EVIDENCE - Cont’d Searches and seizures. Documentary evidence in possession of attorney, §17-5-32. Illegally seized evidence. Motion to suppress, §17-5-30. Property unlawfully obtained. Admissibility of photographs in lieu of original property, §17-5-50. Use of statements made by defendant or agent at trial, §17-5-50. Suppressing evidence because of technicalities, §17-5-31. Self-incrimination. Privilege against. Accused. No presumption, no comment on failure to testify, §17-7-28. Sexual offenses. Investigating sexual assault. Preservation of evidence, §17-5-71. Storage and disposal, §17-5-55. Biological material evidence, §17-5-56. Suppression of evidence. Illegally seized evidence. Documentary evidence in possession of attorney, §17-5-32. Motion to suppress, §17-5-30. Technical irregularities in search warrants, §17-5-31. Vulgar evidence. Closed trial, §17-8-53. Witnesses. Accused wishing to testify. Commitment hearings, §17-7-28. Failure of accused to testify. No presumption, no comment. Commitment hearings, §17-7-28. Self-incrimination. Privilege against. Accused. Commitment hearings, §17-7-28. EVIDENCE LOG. Creation by custodian of evidence, requirements, §17-5-55. EXECUTIONS. Corporate property. Criminal responsibility, §17-7-92. Exemptions. Victim compensation, §17-15-8. Restitution order. Manner of enforcement, §17-14-13. Victim compensation. Exemptions, §17-15-8.
INDEX EXHIBITS. Evidence tagged with exhibit number, §17-5-55. EXPERT WITNESSES. Accused’s sanity at time of offense, §17-7-130.1. Public defenders. Capital defender division. Appointment of private counsel to defend. Establishment of guidelines for payment of expenses, §17-12-12.1. EXPLOSIVES AND EXPLOSIONS. Evidence. Custody, storage and disposal of dangerous contraband, §17-5-55. EXTENSION OF TIME. Victims of crime. Compensation. Claims, filing deadline, §17-15-5. EXTRADITION. Aliens. Arrest and delivery to authorities, §17-13-4. Applications for requisitions. Governor’s duty to make requisitions, §17-13-2. Requirements as to fugitives from state of Georgia, §17-13-1. Arrest of fugitives, §§17-13-4 to Aliens, §17-13-4. Arresting officers. Authority, §17-13-29. Refusal to assist, §17-13-29. Execution of warrants, §17-13-5. Manner and place of execution of governor’s warrant, §17-13-28. Issuance of another warrant by governor, §17-13-41. Issuance of governor’s warrant, §17-13-27. Persons charged with crimes in other states. Arrest under warrant based upon oath or affidavit of another person, §17-13-33. Arrest without warrant, §17-13-34. Procedure where accused not arrested within time specified in warrant, §17-13-37. Recall of warrant of arrest by governor, §17-13-41.
EXTRADITION - Cont’d Arrest of fugitives - Cont’d Recitals required in governor’s warrant, §17-13-27. Rights of accused, §17-13-30. Waiver of warrant for arrest. Execution and filing of written waiver by accused, §17-13-46. Attorney general. Uniform criminal extradition act. Demand for extradition. Investigation of case upon receipt of demand, §17-13-26. Habeas corpus. Defense of habeas corpus actions, §17-13-31. Bail bonds. Forfeiture, §17-13-38. Granting of bail, §17-13-36. Costs. Payment of expenses, §17-13-44. Definitions. Uniform criminal extradition act, §17-13-21. Delivery of persons to demanding states. Persons charged with crimes in other states. Delivery after accused’s written waiver of issuance and service of warrant for arrest, §17-13-46. Demand for extradition. Investigation of case upon receipt of demand, §17-13-26. Persons charged with crimes in other states. Form of demand, §17-13-23. Demand for return of fugitives in other states, §17-13-42. Application for issuance of demand, §17-13-43. Expense of returning fugitives from state. First to be authorized by county governing authority, §17-13-3. Governor’s duty to make requisitions, §17-13-2. Uniform criminal extradition act, §§17-13-21, 17-13-22. Guilt of accused. Conducting inquiry, §17-13-40. Habeas corpus. Arrested fugitives, §§17-13-30,
INDEX EXTRADITION - Cont’d Immunity of extradited persons. Persons brought into Georgia. Immunity from service of process as to civil actions based on facts in criminal charge, §17-13-45. Innocence of accused. Conducting inquiry, §17-13-40. Investigation of case upon receipt of demand, §17-13-26. Conducting inquiry as to guilt or innocence of accused, §17-13-40. Jailing of persons being extradited to another state, §17-13-32. Pending receipt of demand from other state, §17-13-35. Persons charged with crimes in Georgia. Applications for requisitions, §§17-13-1, 17-13-2. Criminal charge, §17-13-45. Demand for return of fugitives in other states, §17-13-42. Application for issuance of demand, §17-13-43. Expense of returning fugitives. First to be authorized by county governing authority, §17-13-3. Surrender to demanding state, §17-13-39. Trial of demanded persons. Trial of person for other criminal prosecutions while in state, §17-13-48. Persons charged with crimes in other states. Arrest under warrant based upon oath or affidavit of another person, §17-13-33. Arrest without warrant, §17-13-34. Bail and recognizance. Granting of bail, §17-13-36. Commitment to county jail pending receipt of demand from other states, §17-13-35. Delivery of persons to demanding states. Delivery after accused’s written waiver of issuance and service of warrant for arrest, §17-13-46. Demand for extradition. Form of demand, §17-13-23. Persons not present in demanding state at time of commission of crime, §17-13-25.
EXTRADITION - Cont’d Persons charged with crimes in other states - Cont’d Trial of demanded persons. Effect of provisions as to right, power or privilege of state to try demanded person, §17-13-47. Written waiver of extradition proceedings. Execution and filing, §17-13-46. Persons imprisoned in Georgia. Surrender to demanding state, §17-13-39. Persons not present in demanding state at time of commission of crime, §17-13-25. Persons who left demanding state under compulsion, §17-13-24. Prisoners or persons awaiting trial in another state, §17-13-24. Trial of demanded persons. Persons charged with crimes in Georgia. Trial of person for other criminal prosecutions while in state, §17-13-48. Persons charged with crimes in other states. Effect of provisions as to right, power or privilege of state to try demanded person, §17-13-47. Uniform criminal extradition act, §§17-13-20 to 17-13-49. Effect on right, power or privilege of state to try demanded person, §17-13-47. Interpretation and construction, §17-13-49. Short title, §17-13-20. F FAILURE TO APPEAR. Bail and recognizance. Forfeiture of bond on principal’s failure to appear, §17-6-31. Unsecured judicial release. Effect of failure to appear, §17-6-12. Game fish or boating violation. Failure to appear after giving cash bond, §17-6-8. Litter violations. Failure to appear after giving cash bond, §17-6-8.
INDEX FAILURE TO APPEAR - Cont’d Motor carriers, hazardous material transportation and road taxes violations. Failure to appear after giving cash bond, §17-6-8. Traffic violations. Failure to appear after giving cash bond, §17-6-8. FAKE ID’S. Alcoholic beverages. Misrepresentation of age to purchase. Arrest by citation, §17-4-23. FALSE ARREST. Peace officer’s liability. Persons arrested by private persons, §17-4-61. FALSE CLAIMS. Victims of crime. Victim compensation, §17-15-11. FALSE IMPRISONMENT. Peace officer’s liability. Private persons making arrest, §17-4-61.
FAMILY VIOLENCE - Cont’d Investigations, §17-4-20.1. Offense of violating family violence order. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Predominant aggressor. Defined, §17-4-20.1. Evaluation by officer, §17-4-20.1. Protective orders. Offense of violating family violence order. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Reports. Investigative report by law enforcement officer, §17-4-20.1. Statistics. Compilation, analyses and publication, §17-4-20.1. FAMILY VIOLENCE BATTERY. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
FAMILY LAW. Abandonment of dependent spouse or child. Sentence suspension, modification or probation. Payment of child support as condition, §17-10-1. FAMILY VIOLENCE. Appeal bonds, §17-6-1. Arrests, §17-4-20. Investigation and preparation of written report of disposition, §17-4-20.1. Bail eligibility of person charged with offense, §17-6-1. Battery. Family violence battery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Complaints. Predominant aggressor. Evaluation by officer, §17-4-20.1. Criminal family violence orders. Bail eligibility of person charged with violation, §17-6-1. Family violence battery. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
FEES. Bail bonds. Professional bonding companies, §17-6-15. Sureties’ fees, §17-6-30. Bonds, surety. Sureties’ fees. Criminal bonds, §17-6-30. Pretrial release and diversion programs. Electronic pretrial release and monitoring program. Alternative to posting bail or as special condition of bond, §17-6-1.1. Probation. Supervision fee, §17-15-13. Professional bonding companies. Bail and recognizance, §17-6-15. Sureties. Criminal bonds, §17-6-30. FELLATIO. Bail and recognizance, §17-6-1. Sodomy. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Information for victims, §§17-18-1,
INDEX FELLATIO - Cont’d Sodomy - Cont’d Time of prosecution where victim under sixteen years of age, §17-3-2.1. FELONIES. Accusations in felony cases, §17-7-70. Bail recovery agents, §17-6-58. Closing arguments of counsel. Time limits, §17-8-73. Community service in lieu of fine, §17-10-1. Controlled substances. Possession, manufacture, distribution, etc. Trial upon accusation, §17-7-70.1. Discovery. Criminal proceedings, §§17-16-1 to Limitation on prosecutions, §17-3-1. Presentence hearings, §17-10-2. Statute of limitations. Prosecutions, §17-3-1. FELONY MURDER. Bail and recognizance. Unsecured judicial release, offenses not eligible for, §17-6-12. Child witnesses. Presence of accused, testimony outside of, §17-8-55. FIERI FACIAS. Bail forfeitures. Judgment satisfied and writ of fieri facias canceled, §17-6-72. Fines. Collection of fines in criminal cases, §17-10-20. Restitution. Collection of restitution in criminal cases, §17-10-20. Sentencing. Collection of fines and restitution in criminal cases, §17-10-20.
FIRST DEGREE CRUELTY TO CHILDREN. Child witnesses. Presence of accused, testimony outside of, §17-8-55. FISH. Bonds for violations of fish laws. Cash bonds, §§17-6-5 to 17-6-8. Violation of provisions. Trials, §17-7-71.
FINANCIAL TRANSACTION CARDS. Fraud. Trial upon accusations, §17-7-70.1. Theft. Trial upon accusations, §17-7-70.1. Unauthorized use. Trial upon accusations, §17-7-70.1. FINES. Bail recovery agents, §17-6-58.
FINES - Cont’d Community service. Criminal conviction. Community service in lieu of fine, §17-10-1. Felonies. Imposition of misdemeanor punishment for felonies punishable by imprisonment for term of ten years or less, §17-10-5. Fieri facias. Collection of fines in criminal cases, §17-10-20. Guilt adjudication. Required, §17-10-13. Misdemeanors. Community service in lieu of fine, §17-10-1. Generally, §17-10-3. Misdemeanors of a high and aggravated nature, §17-10-4. Probation. Revocation of probation, no refund of fine paid, §17-10-8. Restitution. Apportionment of payments for fines and restitution, §17-14-8. Sentencing. Collection of fines in criminal cases, §17-10-20. Felony cases, maximum amount of fine, §17-10-8.
FISHING. Bonds, surety. Bonds for violations of laws. Cash bonds, §§17-6-5 to 17-6-8. Cash bonds. Violations of laws, §§17-6-5 to 17-6-8. FORCIBLE ENTRY. Arrest warrants. Right of entry into private dwellings pursuant to execution of, §17-4-3.
INDEX FORGERY. Trial upon accusations, §17-7-70.1.
FORENSIC INTERVIEWS. Victims of crimes. Compensation, §17-15-16. FORENSIC MEDICAL EXAMINATIONS. Defined, §17-15-2. Free examinations, victims’ right, §17-5-72. Responsibility for costs, §17-15-15. FORENSIC SCIENCES DIVISION. Discovery in criminal cases. Felonies. Testing or analyzing evidence in custody of, §17-16-4. FORFEITURES. Bail and recognizance, §§17-6-70 to Cash bonds for motor carrier, hazardous materials transportation and road taxes violations, §17-6-8. Effect of forfeiture as bar to subsequent prosecution, §17-6-8. Cash bonds for ordinance violations or other offenses against municipalities, §17-6-10. Cash bonds for traffic, game, fish, boating or litter law violations, §17-6-8. Effect of forfeiture as bar to subsequent prosecution, §17-6-8. Conditions not warranting forfeiture for failure to appear, §17-6-72. Execution hearing on failure of principal to appear, §17-6-71. Extradited persons, §17-13-38. Principal’s failure to appear, §17-6-31. Remission of forfeiture, §17-6-72. When forfeiture occurs, §17-6-70. Historical items seized, §17-5-53. Instructional items seized, §17-5-53. Profits from crime. Search pursuant to lawful arrest. When authorized, §17-5-1. Son of Sam law, §§17-14-30 to Weapons. Possession constituting crime or delinquent act. Civil forfeitures, §17-5-51. When used in commission of crime or illegally concealed. Civil forfeitures, §§17-5-51, 17-5-52. Disposition of weapon used in commission of crime, §17-5-52.
FORMER JEOPARDY. Bail and recognizance. Cash bonds for motor carriers, hazardous materials transportation and road taxes violations. Forfeiture of bond as bar to subsequent prosecution, §17-6-8. Cash bonds for traffic, game, fish, etc., violations. Forfeiture of bond as bar to subsequent prosecution, §17-6-8. Grand jury returns. Operation of two returns of “no bill” on charge, §17-7-53. Quashing of second grand jury indictment or presentment, §17-7-53.1. No contest pleas. Imposition of sentence upon plea, §17-7-95. FORMS. Accusations in criminal proceedings, §17-7-71. Arrest warrants, §17-4-46. Affidavit, §17-4-45. Commitment of accused, §17-7-30. Indictments, §17-7-54. FOSTER CARE. Assault. Simple assault committed between foster parents and foster children. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Family violence battery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. FRAUD AND DECEIT. Credit cards. Trial upon accusations, §17-7-70.1. Refunds. Crime of refund fraud. Arrest by citation, §17-4-23. FRAUDULENT TRANSFERS. Restitution. Action to set aside deceptive transfers under voidable transactions act, §17-14-17.
INDEX FREEDOM OF INFORMATION. Discovery. Criminal proceedings. Felonies, §§17-16-1 to 17-16-10. Misdemeanors, §§17-16-20 to FUGITIVES. Extradition. General provisions, §§17-13-1 to Trials, §17-8-50. FUNDS. Victim compensation. Georgia crime victims emergency fund, §17-15-14. Victims of crimes. Georgia crime victims emergency fund, §§17-15-9, 17-15-10, 17-15-14. G GAME AND FISH CODE. Accusations in misdemeanor cases, §17-7-71. Bonds for violations of laws. Cash bonds, §§17-6-5 to 17-6-8. Cash bonds. Violations of laws, §§17-6-5 to 17-6-8.
GENERAL ASSEMBLY - Cont’d Committees. Public defender council. Legislative oversight committee, §17-12-10.1. Continuance of case granted member or staff. Party or counsel in attendance at general assembly. Criminal trials, §17-8-26. Witness in attendance at general assembly. Criminal trials, §17-8-28. Courts. Attendance by member during session of general assembly, §§17-8-26, Stay of case granted member or staff. Assembly in session, presence elsewhere required by duties. Criminal trials, §17-8-26. Witnesses. Continuance of case granted member or staff. Criminal trials. In attendance at general assembly, §17-8-28. GENERAL VERDICT. Criminal procedure, §17-9-2.
GANGS. Bail and pretrial release. Probable cause showing pattern of criminal gang activity, §17-6-1.
GENITALS. Oral sex. Sodomy. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Rape. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Sodomy. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Information for victims, §§17-18-1,
GARNISHMENT. Exemption. Victim compensation, §17-15-8. Victim compensation. Exemptions, §17-15-8. GENDER. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. Criminal law and procedure. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. GENERAL ASSEMBLY. Attorney general. Continuances. Grounds for continuance. Attorney general in attendance at general assembly, §17-8-27.
GEORGIA BUREAU OF INVESTIGATION. Bias crime reports. Submission to GBI, §17-4-20.2. GEORGIA INDIGENT DEFENSE ACT. Generally, §§17-12-1 to 17-12-80. Short title, §17-12-1.
INDEX GEORGIA INDIGENT DEFENSE COUNCIL. Public defender council. Generally, §§17-12-1 to 17-12-12.1. GEORGIA PUBLIC DEFENDER COUNCIL. Generally, §§17-12-1 to 17-12-12.1. Legal defense of indigents generally, §§17-12-1 to 17-12-80. GOOD BEHAVIOR BONDS, §§17-6-90 to 17-6-92. Breach of bond. Contempt proceedings, §17-7-94. Extension by court, §17-6-91. Issuance, §17-6-90. Surrender of principal by surety, §17-6-91. GOOD FAITH. Arrest. Law enforcement officers. Private persons making arrest, §17-4-61. Law enforcement officers. Arrest. Private persons making arrest, §17-4-61. Search warrants. Use of force in execution, §17-5-27. GOVERNOR. Actions. Plaintiff in penal action, §17-1-2. Criminal actions. Maintenance, §17-1-2. Extradition of criminals. Duty to make requisitions, §17-13-2. Uniform criminal extradition act, §§17-13-21, 17-13-22. GRAFFITI. Compensation for criminally inflicted property, §§17-15A-1 to Graffiti defined, §17-15A-2. Legislative authority for enacting provisions, §17-15A-1. Legislative findings, §17-15A-3. Removal of graffiti by inmates, §17-15A-4. GRANDCHILDREN. Incest. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
GRANDCHILDREN - Cont’d Incest - Cont’d Prosecution of offense. Time where victim under sixteen years of age, §17-3-2.1. GRAND JURY. Child’s case. Time for presentment to grand jury, §17-7-50.1. Transfer to juvenile court. Failure to timely present to grand jury, §17-7-50.1. Concurrent grand juries. Impaneling authorized, §17-7-55. Death penalty. Extension of time required for grand jury hearing, §17-7-50. Impaneling jury. Concurrent grand juries, §17-7-55. No bill returns. Operation of two such returns on charge as bar to future prosecution for same charge, §17-7-53. Right to hearing within 90 days where bail used, §17-7-50. Subpoenas. Material witnesses for state, §17-7-190. Terms of court. Impaneling of concurrent grand juries, §17-7-55. True bill returns. Quashing of second grand jury indictment or presentment as bar to further prosecution, §17-7-53.1. Witnesses. Law enforcement officers. Indictment or special presentment of peace officer for crime in performance of duties. Right of officer to testify, §§17-7-52, 17-7-70.1. Material witnesses for state. Subpoena, list of witnesses subpoenaed, §17-7-190. Public officials. Right to appear at grand jury, §17-7-70.1. Securing attendance at proceedings, §§17-7-190 to 17-7-192.
INDEX GRANTS. Public defenders. Circuit public defender. Funds and grants from public or private source. Accepting, §17-12-35. GUARDIANS. Conversion of property. Limitation on prosecutions. Excluded periods, §17-3-2. Cruelty to children. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Time of prosecution where victim under sixteen years of age, §17-3-2.1. Limitation on prosecutions. Conversion of property. Excluded periods, §17-3-2. H HABEAS CORPUS. Attorney general. Extradition. Defense of habeas corpus actions, §17-13-31. Commitment or prior proceedings. Discharge due to informalities in, §17-7-34. Death penalty. Unified review procedure. Establishment by supreme court. Effect on habeas corpus, §17-10-36. Extradition of criminals. Arrested fugitives, §§17-13-30, HABITUAL OFFENDERS. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. Sentencing felons, §17-10-7. Traffic law violators, §17-7-70.1. HARASSMENT. Stalking. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Victim or witness. Temporary restraining order or protective order, §17-17-16.
HATE CRIMES. Sentencing of defendants guilty of crimes involving bias or prejudice. Designated misdemeanors. Defined, §17-10-17. Enhanced penalties, §17-10-17. Felonies and designated misdemeanors, §17-10-17. Notification of intention to seek, §17-10-18. Recommencement of trial for determination, §17-10-19. HAZARDOUS MATERIALS AND WASTE. Evidence. Custody, storage and disposal of dangerous contraband, §17-5-55. Transportation of hazardous materials. Bail and recognizance. Cash bond for violations, §§17-6-5 to Display of driver’s license in lieu of bail or recognizance ordering incarceration, §17-6-11. HEARINGS. Arrest warrant application, §17-4-40. Death penalty cases. Presentence hearings, §17-10-2. Harassment of victim or witness in criminal case. Temporary restraining order or protective order, §17-17-16. Seized items unlawfully obtained. Hearing to determine ownership, §17-5-50. Sentencing. Presentence hearings in felony cases, §17-10-2. HIGH SCHOOL DIPLOMA OR EQUIVALENT. Sentencing. Minor defendant without, §17-10-1. HIGHWAYS, ROADS AND STREETS. Department of transportation. Memorial erected on state highway. Crime victim compensation. Victim of homicide by vehicle in violation of drunk driving statute, §17-15-8.
INDEX HIGHWAYS, ROADS AND STREETS - Cont’d Memorial erected on state highway. Crime victim compensation. Victim of homicide by vehicle in violation of drunk driving statute, §17-15-8. HIJACKING. Aircraft. Bail and recognizance. Appeal bonds, §17-6-1. Where offense bailable, §17-6-1. Death penalty. Imposition authorized, §17-10-30. Motor vehicles. Bail and recognizance. Unsecured judicial release, offenses not eligible for, §17-6-12. Where offense bailable, §17-6-1.
HUMAN TRAFFICKING. Labor or sexual servitude. Trafficking of persons for. Compensation to victim through federal government. Notification, §17-17-6. Prosecution of offense. Time where victim under sixteen years of age, §17-3-2.1. Victims, vacating of sentence. Petition, §17-10-21. HUNTING. Cash bonds. Violations of laws, §§17-6-5 to 17-6-8.
HOME HEALTH AGENCIES. Battery by agent, employee or volunteer against patient. Child witnesses. Presence of accused, testimony outside of, §17-8-55. HOME INVASION. Bail and recognizance. Appeal bonds. Unavailability, §17-6-1. Where offense bailable. First degree. Offenses bailable only before superior court judge, §17-6-1. HOMELESS PEOPLE. Legal defense of indigent defendants generally, §§17-12-1 to 17-12-80. HOMICIDE. Vehicular homicide. Bail or other release from custody, §17-6-1. Trial upon accusations, §17-7-70.1. HOSPITALS. Arrested persons. Transportation to facility by law enforcement officer, §17-4-25.1. Sexual assault against patient in hospitals. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Investigating sexual assault, §§17-5-70 to 17-5-73.
HUSBAND AND WIFE. Assault. Simple assault committed between spouse, punishment. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Battery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Family violence battery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. I IDENTIFICATION CARDS. Public defenders. Issuance to, §17-12-27. IDENTIFICATION OF CRIMINAL SUSPECTS. Lineups and showups, procedures, §§17-20-1 to 17-20-3. ILLEGAL ALIENS. Criminal investigation. Investigation of illegal alien status, §17-5-100. Witness’ or victim’s immigration status not investigated, §17-5-100. IMMUNITY. Extradited persons. Persons brought into Georgia. Immunity from service of process as to civil actions based on facts in criminal charge, §17-13-45.
INDEX IMMUNITY - Cont’d Service of process. Extradited persons, §17-13-45. INCEST. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Prosecution of offense. Time where victim under sixteen years of age, §17-3-2.1. Sexual assault protocol. Investigating sexual assault, §§17-5-70 to 17-5-73.
INDICTMENTS - Cont’d Quashing indictments - Cont’d Second grand jury indictment. Effect on further prosecution for same offense, §17-7-53.1. Special presentments treated as, §17-7-51. INDIGENT DEFENDANTS. Legal defense for indigents generally, §§17-12-1 to 17-12-80. INDIGENT DEFENSE ACT. Generally, §§17-12-1 to 17-12-80. Short title, §17-12-1. INDIGENT DEFENSE COUNCIL. Public defender council. Generally, §§17-12-1 to 17-12-12.1.
INCOME TAXES. Exemptions. Victim compensation, §17-15-8. Victim compensation. Exemptions, §17-15-8. INCOMPETENCY TO STAND TRIAL, §§17-7-129, 17-7-130. Mental health advocacy division. Indigents found not guilty by reason of insanity or incompetent to stand trial. Duty to represent, §17-12-11. INDECENCY. Child molestation. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Enticing child for indecent purposes. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Time of prosecution of offense where victim under sixteen years of age, §17-3-2.1. INDICTMENTS, §§17-7-50 to 17-7-55. Corporations, §17-7-92. Demurrers, §17-7-111. Quashing indictment as bar to further prosecution, §17-7-53.1. Formal exceptions, §17-7-113. Forms, §17-7-54. Peace officers, §17-7-52. Plea at arraignment. Entering on indictment, §17-7-96. Presentation to jury, §17-8-2. Quashing indictments. First indictments. Limitation on prosecutions. Extension of period, §17-3-3.
INDIGENT PERSONS. Attorneys. Legal defense for indigent defendants generally, §§17-12-1 to 17-12-80. Counties. Legal representation for ordinance or state law violations. Additional personnel provided circuit public defenders. Contracting with council for, §17-12-32. Alternative delivery system for representing indigent defendants. Judicial circuit composed of single county, §17-12-36. Contracting with circuit public defender to provide, §17-12-23. Expenses of circuit public defender’s office. Pro rata sharing by counties in district, §17-12-34. Generally, §§17-12-1 to 17-12-80. Supplementation of circuit public defender’s salary, §17-12-25. Supplementation of salary of state paid personnel. Personnel employed in circuit public defender’s office, §17-12-30. Criminal proceedings. Legal defense for indigent defendants generally, §§17-12-1 to 17-12-80. Law students assisting representation in criminal proceedings. Third-year law students or staff instructors, §§17-12-40 to
INDEX INSANITY DEFENSE - Cont’d Instructions to jury, §17-7-131. Mental health advocacy division. Indigents found not guilty by reason of insanity or incompetent to stand trial. Duty to represent, §17-12-11. Mental health advocate, §17-12-11. Proceedings upon plea of insanity or mental incompetency, §17-7-131. Release of defendant from commitment, §17-7-131. Retention of jurisdiction by court. Defendant found not guilty by reason of insanity, §17-7-131.
INDIGENT PERSONS - Cont’d Public defenders. Legal defense for indigent defendants generally, §§17-12-1 to 17-12-80. Restitution payments, §17-14-15. INDORSEMENTS. Arrest. Arrest warrants, §17-4-44. INJUNCTIONS. Harassment of victim or witness. Temporary restraining orders, §17-17-16. Victims of crime. Harassment, temporary restraining orders, §17-17-16. Witnesses. Harassment, temporary restraining orders, §17-17-16. INSANITY DEFENSE. Accused’s sanity at time of offense, §17-7-130.1. Charges to jury, §17-7-131. Commitment to department of human services. Defendant found not guilty by reason of insanity. Defendant meeting inpatient commitment criteria, §17-7-131. Conditional release. Defendant found not guilty by reason of insanity. Defendant meets criteria for outpatient involuntary treatment, §17-7-131. Definitions, §17-7-131. Discharge of defendant from custody. Defendant found not guilty by reason of insanity. Defendant not meeting inpatient commitment criteria, §17-7-131. Evaluation of defendant’s present mental condition. Defendant found not guilty by reason of insanity, §17-7-131. Examination of defendant by psychologist or psychiatrist. Required before plea accepted, §17-7-131. Findings by jury, §17-7-131. Inpatient commitment criteria. Hearing to determine if defendant meets. Defendant found not guilty by reason of insanity, §17-7-131.
INTELLECTUAL AND OTHER DEVELOPMENTAL DISABILITIES. Criminal law and procedure. Proceedings upon plea of insanity or mental incompetency at time of crime, §17-7-131. Death penalty. Defendant guilty but developmentally disabled, §17-7-131. Human trafficking. Trafficking of persons for labor or sexual servitude. Victims, vacating of sentence. Petition, §17-10-21. Trafficking of persons for labor or sexual servitude. Victims, vacating of sentence. Petition, §17-10-21. Victims of crime. Forensic interviews. Reimbursement of costs. Grounds for reimbursement, §17-15-16. INTERPRETATION AND CONSTRUCTION. Uniform criminal extradition act, §17-13-49. Effect of article on right, power or privilege of state to try demanded person, §17-13-47. Verdicts. Criminal proceedings, §17-9-2. INTERPRETERS. Deaf and hearing impaired persons. Arresting law enforcement agency. Duty to provide qualified interpreters. Arresting officer to comply with provisions, §17-4-30.
INDEX INTIMIDATION. Stalking. Child witnesses. Presence of accused, testimony outside of, §17-8-55. INVENTORIES. Evidence after verdict and judgment. Custodian of evidence, §17-5-55. Seized items in searches pursuant to warrants, §17-5-29. Seized items in warrantless searches, §17-5-2. Seized items unlawfully obtained, §17-5-50. INVESTIGATIONS. Extradition cases. Conducting inquiry as to guilt or innocence of accused, §17-13-40. Demands, §17-13-26. Family violence, §17-4-20.1. Sexual assault protocol. Investigating sexual assault, §§17-5-70 to 17-5-73. Victims of crimes. Compensation. Claims, investigation, §17-15-6. J JAILS. Children in detention pending trial. List provided chief judges and prosecuting attorneys. Responsibility of official in charge of facility in which child detained, §17-7-3. County other than where offense committed. Jailing of prisoners where no jail in county where offense committed, §17-7-1. Jail fees and costs, §17-7-1. Sheriff’s duty to receive prisoner from another county before payment of fees and costs, §17-7-2. Extradited persons, §§17-13-32, Fees. Imposition upon prosecutor or complainant, §17-11-4.
JAILS - Cont’d Preliminary commitments. Delivery of accused to person in charge of jail, §17-7-32. Regional jail authorities. Child in detention pending trial. List provided chief judges of courts and prosecuting attorneys. Responsibility of official in charge of facility in which children detained, §17-7-3. Commitment hearings. Offense committed in county which is member of regional jail authority, §17-7-20. Transportation of prisoners to regional jail, §17-4-25. Release pending voluntary surrender, §17-10-9.1. JUDGES. Arrest warrants. Issuance, §17-4-40. Bench warrants, §17-7-90. Children in detention pending trial. List provided chief judges, §17-7-3. Death penalty. Duty to impose sentence, §17-10-33. Disqualification. Death sentence reviews. Recusal reviewable issue, §17-10-35.1. Judges emeritus. Arrest warrants. Authority to issue, §17-4-40. Search warrants. Authority to issue, §17-5-21. Pardons and paroles. Judge’s authority, §17-10-1. Probation of convicted persons. Authority, §17-10-1. Public defenders. Assistant public defenders. Concurrent service as judicial officer prohibited, §17-12-33. Recusal. Death sentence reviews. Grounds, §17-10-35.1. Retired judges. Search warrants. Authorized to issue, §17-5-21. Sentencing. Authority and responsibility. Generally, §17-10-1.
INDEX JUDGES - Cont’d Sentencing - Cont’d Duty to impose sentence, §17-9-2. Verdicts. Criminal proceedings. Expression of approval or disapproval of verdict, §17-9-22. Commending or complimenting of jury by judge, §17-9-23. JUDGMENT LIENS. Cost of criminal prosecution. Judgment entered against defendant for costs, §17-11-1. JUDGMENTS. Arrest of judgment, §§17-9-60 to Criminal proceedings. Arrest of judgment, §§17-9-60 to Costs of prosecution. Imposition against defendant, §17-11-1. Vacation. Effect of perjury, §17-1-4. Validity where court lacks jurisdiction, §17-9-4. Motions. Arrest of judgment, §§17-9-60 to Setting aside. Criminal actions. Effect of perjury, §17-1-4. JUDICIAL CIRCUITS. Circuit public defenders. Generally, §§17-12-20 to 17-12-37. JUDICIAL COUNCIL OF GEORGIA. Public defender council. Submission of budget to judicial council, §17-12-26. JURISDICTION. Arrest of judgment motions, §17-9-60. Bailable offenses, §17-6-1. Criminal proceedings, §§17-2-1, Arrest of judgment proceedings, §17-9-60. Fugitives from justice. Trials of inmates, §17-8-50. Preliminary commitment hearings. Persons who may hold courts of inquiry, §17-7-20. Preclusion of certain courts from trying certain charges, §17-7-23.
JURISDICTION - Cont’d Criminal proceedings - Cont’d Sentencing proceedings. Punishment for misdemeanors of a high and aggravated nature, §17-10-4. Sentencing proceedings. Punishment for misdemeanors of a high and aggravated nature, §17-10-4. Superior courts. Bailable offenses, §17-6-1. Fugitives from justice. Trials of inmates, §17-8-50. JURY AND JURY TRIAL. Charges to jury. Criminal cases, §17-8-56. Death penalty cases, §§17-10-30, Defense of insanity interposed, §17-7-131. Judge’s expression or intimation of opinion as to matters proved or guilt of accused, §17-8-57. Objections to jury charges prior to deliberation, §17-8-58. Insanity defense interposed, §17-7-131. Criminal proceedings. Trials generally, §§17-8-1 to 17-8-76. Verdicts, §§17-9-1 to 17-9-63. Defense of insanity interposed. Charges to jury, §17-7-131. Insanity defense interposed. Charges to jury, §17-7-131. Instructions. Charges to jury. Criminal cases, §17-8-56. Death penalty cases, §§17-10-30, Defense of insanity interposed, §17-7-131. Judge’s expression or intimation of opinion as to matters proved or guilt of accused, §17-8-57. Insanity defense interposed, §17-7-131. Objections. Prior to deliberation, §17-8-58. Private knowledge. Acting on. Criminal proceedings, §17-9-20. Speedy trial. Discharge and acquittal for lack of prosecution after demand made, §§17-7-170, 17-7-171.
INDEX JURY AND JURY TRIAL - Cont’d Verdicts. Criminal proceedings, §§17-9-1 to JUVENILE COURTS. Children in detention pending trial. List provided chief judge. Responsibility of official in charge of facility in which child detained, §17-7-3. Deprived children. Defined, §17-11-2. Grand jury, presentment of case to, time. Transfer to juvenile courts. Failure to timely present, §17-7-50.1. Probation. Restitution as condition, §17-14-5. Restitution, §17-14-5. Transfer of case from superior court to juvenile court. Failure to timely present case to grand jury, §17-7-50.1. JUVENILE DETENTION FACILITIES. Arrested persons. Transportation to facility by law enforcement officer, §17-4-25.1. Children in detention pending trial. List provided chief judges and prosecuting attorneys. Responsibility of official in charge of facility in which child detained, §17-7-3. JUVENILE JUSTICE. Department of juvenile justice. Children in detention pending trial. List provided chief judge and prosecuting attorneys. Responsibility of official in charge of facility in which child detained, §17-7-3. Restitution. Remand of sentence. Copies of restitution order to be provided to department, §17-14-16. Detention facilities. Arrested person. Transportation to facility, §17-4-25.1.
JUVENILE JUSTICE - Cont’d Detention facilities - Cont’d Children in detention pending trial. List provided to chief judges and prosecuting attorneys, §17-7-3. K KIDNAPPING. Bail and recognizance. Unsecured judicial release, offenses not eligible for, §17-6-12. Where offense bailable, §17-6-1. Child witnesses. Presence of accused, testimony outside of, §17-8-55. L LABOR AND INDUSTRIAL RELATIONS. Trafficking of persons for labor or sexual servitude. Compensation through federal government. Notification to victim, §17-17-6. Prosecution of offense. Time where victim under sixteen years of age, §17-3-2.1. Victims, vacating of sentence. Petition, §17-10-21. LAW ENFORCEMENT AGENCIES. Personal property in custody of agency. Property subject of crime or abandoned. Disposition, §17-5-54. Return of personal property in custody of law enforcement to owner. Custody of property subject of crime or abandoned, §17-5-54. Sale of personal property. Custody of property subject of crime or abandoned, §17-5-54. LAW ENFORCEMENT OFFICERS. Aliens. Illegal alien status. Investigation during investigation of criminal suspect, §17-5-100. Arrest. False arrest. Officer’s liability, §17-4-61.
INDEX LAW ENFORCEMENT OFFICERS - Cont’d Arrest - Cont’d Warrant for arrest of officer. Alleged offense committed in performance of duties, §17-4-40. Bail and recognizance. Acceptance of cash bonds for traffic, game, fish, boating or litter law violations. Liability for failure to account for cash receipts and bonds, §17-6-7. Giving advice as to services of professional bondsmen, §17-6-52. Bias crime reports. Submission to GBI, §17-4-20.2. Deaf or hearing impaired persons. Arrest. Interpreters provided. Duty of arresting law enforcement agency. Arresting officer to comply with provisions, §17-4-30. Discrimination. Authority of peace officers to make arrest not to be denied because of race, creed, etc., §17-4-22. Extradition of criminals. Authority of arresting officers, §17-13-29. Refusal to assist arresting officers, §17-13-29. Illegal aliens. Status investigated during investigation of criminal suspect, §17-5-100. Indictment of peace officers, §17-7-52. Presentments. Special presentments. Indictment or special presentment of peace officer for crime in performance of duties, §17-7-52. Witnesses. Discovery in criminal cases. Work location and phone number of officer, §17-16-8. LAW SCHOOLS. Legal defense of indigent defendants. Third-year law students and staff instructors assisting, §§17-12-40 to 17-12-45.
LAW STUDENTS. Legal defense of indigent defendants. Third-year law students and staff instructors assisting, §§17-12-40 to 17-12-45. LEGAL DEFENSE FOR INDIGENT DEFENDANTS. Generally, §§17-12-1 to 17-12-80. LETHAL INJECTION. Death penalty. Method of execution, §17-10-38. LIFE IMPRISONMENT. Capital cases. When defendant under age of 17 at time of commission of crime, §17-9-3. Where jury does not recommend mercy in verdict, §17-9-3. Where jury recommends mercy in verdict, §17-9-3. Without parole, §17-10-16. Death penalty. Sentencing of person indicted for capital offense to life imprisonment upon plea of guilty, §17-10-32. Life without parole. Capital cases, §17-10-16. Jury instructions, §17-10-31. Sentencing without seeking death penalty, §17-10-16.1. Limitation on prosecutions. Crimes punishable by life imprisonment, §17-3-1. Minors. Committal of person under 17, §17-10-14. Without parole. Capital cases, §17-10-16. Sentencing without seeking death penalty, §17-10-16.1. LIMITATION OF ACTIONS. Criminal prosecutions. Excluded periods, §17-3-2. Extension of periods, §17-3-3. Generally, §17-3-1. Victim 65 or older, §17-3-2.2. Victim of certain offenses under sixteen years of age, §17-3-2.1. Cruelty to children. Time of prosecution of offense where victim under sixteen years of age, §17-3-2.1.
INDEX LIMITATION OF ACTIONS - Cont’d Death penalty cases, §17-3-1. Felonies, §17-3-1. Misdemeanors, §17-3-1. Murder, §17-3-1. Rape, §17-3-1. Prosecution of offense where victim under sixteen years of age, §17-3-2.1. Restitution. Fraudulent transfers. Action to set aside, §17-14-17. Sexual offenses. Time of prosecution where victim under sixteen years of age, §17-3-2.1. Sodomy. Prosecution of offense where victim under sixteen years of age, §17-3-2.1. Statutory rape. Prosecution where victim under sixteen years of age, §17-3-2.1. Trusts and trustees. Conversion of property. Criminal prosecutions. Excluded periods, §17-3-2. Victims of crimes. Compensation. Claims. Time to file, §17-15-5.
LONG-TERM HEALTH CARE. Battery by employee, agents or volunteer against patient, punishment. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
LIMITATIONS ON PROSECUTIONS, §§17-3-1 to 17-3-3. Excluded periods, §17-3-2. Extension of period, §17-3-3. Generally, §17-3-1. Victim 65 or older, §17-3-2.2. Victim of certain offenses under sixteen years of age, §17-3-2.1.
MANUFACTURING CONTROLLED SUBSTANCE OR MARIJUANA. Trial upon accusation, §17-7-70.1.
M MAGISTRATE COURTS. Litter. Trial of offenses upon summons or citation, §17-7-73. Magistrates. Arrest warrants. Issuance, §17-4-40. Preliminary commitment hearings. Persons who may hold, §17-7-20. MALICIOUS PROSECUTION. Costs and fees, §17-11-4. MALNUTRITION. Cruelty to children in the first degree. Child witnesses. Presence of accused, testimony outside of, §17-8-55. MANSLAUGHTER. Motor vehicles. Bail or other release from custody, §17-6-1.
LINEUPS. Identification procedures for lineups and showups, §§17-20-1 to 17-20-3. LITTERING. Bonds for violations of litter laws. Cash bonds, §§17-6-5 to 17-6-9. Cash bonds for violations of litter laws, §§17-6-5 to 17-6-9. Summons or citation with or without accusation. Trial of litter offenses upon, §17-7-73. LIVE LINEUPS. Identification procedures for lineups and showups, §§17-20-1 to 17-20-3.
MARIJUANA. Driving under the influence. Appeal bonds, §17-6-1. Manufacture, distribution, etc. Trial upon accusation, §17-7-70.1. Possession. Trial upon accusation, §17-7-70.1. Trial upon summons or citation without accusation, §17-7-72. Trafficking in. Bail and recognizance. Appeal bonds, §17-6-1. Where offense bailable, §17-6-1. MASTURBATION. Masturbation for hire. Trafficking of persons for labor or sexual servitude. Prosecution of offense. Time where victim under sixteen years of age, §17-3-2.1.
INDEX MASTURBATION - Cont’d Masturbation for hire - Cont’d Trafficking of persons for labor or sexual servitude - Cont’d Victims, vacating of sentence. Petition, §17-10-21.
MENTAL COMPETENCY AT TIME OF CRIME. Proceedings upon plea, §17-7-131.
MAYOR. Criminal procedure. Authority to bind over or commit to jail offenders against criminal law, §17-7-22. Extradition. Requisition. Who application for requisition made by, §17-13-1. MEDICAL EXAMINATIONS. Forensic medical examination. Free examinations, victims’ right, §17-5-72. Responsibility for cost, §17-15-15. Rape. Sexual assault protocol. Right to free forensic medical examination, §17-5-72. Sexual assault protocol. Right to free forensic medical examination, §17-5-72. Sodomy. Sexual assault protocol. Right to free forensic medical examination, §17-5-72. MEDICAL EXAMINERS. Death investigations. Inquest. Cost of inquests, §17-11-3. MEDICAL WASTE. Evidence. Custody, storage and disposal of dangerous contraband, §17-5-55. MEMORANDA. Bail and recognizance. Commitment of arrestee. Commitment hearings. Tender of bail after waiver of hearing. Entry of memorandum on warrant, §17-6-16. MEMORIALS. Highway memorial sign. Crime victims compensation. Victim of homicide by vehicle in violation of drunk driving statute, §17-15-3.
MENTAL COMPETENCY TO STAND TRIAL. Accused found mentally incompetent to stand trial, §17-7-130. Bona fide doubt as competency. Court’s duty to inquired into competency, §17-7-129. Civil commitment or release. Accused found mentally incompetent to stand trial, §17-7-130. Continued treatment. Substantial possibility competency attained, §17-7-130. Court’s duty to inquire into competency, §17-7-129. Definitions, §17-7-130. Evaluation of accused’s competency. Accused found mentally incompetent to stand trial, §17-7-130. Court order, §17-7-129. Motion by accused requesting, §17-7-130. Report, sealing, submission to accused’s attorney, release to prosecuting attorney, §§17-7-129, Mental health advocacy division. Duty to represent indigents, §17-12-11. Mental health advocate, §17-12-11. Proceedings upon plea of incompetence, §17-7-130. Returning accused to custody of sheriff. Accused determined competent, §17-7-130. Special pea filed by accused. Procedure upon, §17-7-130. Speedy trial, demand. Period of time not included in determining if demand satisfied, §§17-7-170, 17-7-171. Trial on issue of competency. Court determining, §17-7-129. Procedures, §17-7-130. MENTAL EXAMINATIONS. Criminal discovery. Inspection and copying of results, §17-16-4.
INDEX MENTAL HEALTH. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. Criminal law and procedure. Accused’s mental incompetence at time of crime. Proceedings upon plea, §17-7-131. Accused’s mental incompetency to stand trial. Bona fide doubt as to competency. Court’s duty to inquire into competency, §17-7-129. Court’s duty to inquire into competency, §17-7-129. Evaluation of accused’s competency. Court order, §17-7-129. Report, sealing, submission to accused’s attorney, release to prosecuting attorney, §17-7-129. Proceedings upon plea of incompetency, §17-7-130. Trial on issue of competency. Court determining, §17-7-129. Procedures, §17-7-130. Accused’s sanity at time of offense, §17-7-130.1. Bail and recognizance. Conditions not warranting forfeiture of bond for failure to appear. Mental disability, §17-6-72. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. Execution of mental incompetents, §§17-10-60 to 17-10-71. Guilty but mentally ill or with intellectual disability at time of crime, §17-7-131. Indigents found not guilty by reason of insanity or incompetent to stand trial. Mental health advocacy division. Duty to represent, §17-12-11. Mental health advocate, §17-12-5. Insanity defense. Accused’s sanity at time of offense, §17-7-130.1. Proceedings upon plea, §17-7-131. Mental health advocacy division. Indigents found not guilty by reason of insanity or incompetent to stand trial. Duty to represent, §17-12-11.
MENTAL HEALTH - Cont’d Criminal law and procedure - Cont’d Mental health advocacy division - Cont’d Indigents found not guilty by reason of insanity or incompetent to stand trial - Cont’d Mental health advocate, §17-12-5. Mentally incompetent to be executed, §§17-10-60 to 17-10-71. Not guilty by reason of insanity, §17-7-131. Plea of insanity. Proceedings upon, §17-7-131. Death penalty. Generally, §§17-10-60 to 17-10-71. Department of behavioral health and developmental disabilities. Crime victims’ bill of rights. Notifications from department to victim, §17-17-5.1. Victims of crime. Notifications from department to victim, §17-17-5.1. Discrimination. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. Evidence. Execution of mental incompetents. Presumption of mental competency. Prior adjudication of competence to be executed, §17-10-69. Procedure to establish mental incompetency, §17-10-68. Execution of mental incompetents, §§17-10-60 to 17-10-71. Appeal of proceedings to establish mental incompetency, §17-10-70. Defined terms. Mentally incompetent to be executed, §17-10-60. Determination of mental incompetency. Effect, §17-10-61. Presumption of mental competency. Prior adjudication, §17-10-69. Procedure to establish mental incompetency. Applications. Answer by respondent, §17-10-65. Contents, §17-10-63. Filing, §17-10-63. When, §17-10-67.
INDEX MENTAL HEALTH - Cont’d Execution of mental incompetents - Cont’d Procedure to establish mental incompetency - Cont’d Applications - Cont’d Service, §17-10-64. Evidence, §17-10-68. Prior adjudication as presumption of mental competency, §17-10-69. Examination of applicant, §17-10-66. Exclusivity of procedure, §17-10-62. Order of court, §17-10-68. Procedure upon convicted person’s regaining mental competency, §17-10-71. Hate crimes. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. Presumptions. Execution of mental incompetents. Prior adjudication of competence as presumption of competency, §17-10-69. MENTAL HEALTH ADVOCACY DIVISION. Indigents found not guilty by reason of insanity or incompetent to stand trial. Duty to represent, §17-12-11. Mental health advocate, §17-12-5. MENTAL HEALTH COURT DIVISIONS. Public defenders. Circuit public defender. Compensation. Accountability court salary supplement, §§17-12-25, MENTALLY INCOMPETENT TO STAND TRIAL, §§17-7-129, Mental health advocacy division. Representation of indigents found, §17-12-11. MERCY. Capital cases. “Guilty” verdicts. Recommendations for mercy, §17-9-3.
MILITARY AFFAIRS. Arrest. Privilege from arrest for active personnel, §17-4-2. Continuance of trial. Active duty with national guard or armed forces. Party, leading attorney or material witness on, §17-8-31. Criminal proceedings. Continuance. Active duty with national guard or armed forces. Party, leading attorney or material witness on, §17-8-31. MILITIA. Bail in criminal cases. Acceptance of recognizance bond, §17-6-3. Recognizance bonds in criminal cases. Acceptance, §17-6-3. MINISTERS. Presence of clergyman at executions, §17-10-41. MINORS. Abandonment. Sentence suspension, modification or probation. Payment of child support as condition, §17-10-1. Allowing to witness commission of forcible felony. Cruelty to children in the second degree. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Battery. Family violence battery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Children in detention pending trial. List provided chief judges and prosecuting attorneys, §17-7-3. Cruelty to children. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Time of prosecution of offense where victim under sixteen years of age, §17-3-2.1. Driving under the influence. Appeal bonds, §17-6-1.
INDEX MINORS - Cont’d Enticing child for indecent purposes. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Time for prosecution where victim under sixteen years of age, §17-3-2.1. Family violence battery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Grand jury. Time for presenting child’s case to, §17-7-73. Failure, transfer to juvenile courts, §17-7-73. Incest. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Prosecution of offense. Time where victim under sixteen years of age, §17-3-2.1. Life imprisonment. Committal of person under 17, §17-10-14. Malnutrition. Cruelty to children in the first degree. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Motor vehicles and traffic laws. Driving under the influence. Appeal bonds, §17-6-1. Parole. Conditions of parole. High school education or equivalent, §17-10-1. Rape. Statutory rape. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Time of prosecution where victim under sixteen years of age, §17-3-2.1. Restitution by juveniles, §17-14-5. Sentencing. Misdemeanors committed by minors generally, §17-10-3. Person under 17 convicted of felony, §17-10-14.
MINORS - Cont’d Sentencing - Cont’d Sentencing certain juveniles, §17-10-14. Suspension of sentences. Condition on acquiring high school education or equivalent, §17-10-1. Sexual offenses. Child molestation. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Enticing child for indecent purposes. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Statutory rape. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Time of prosecution for certain offenses where victim under sixteen years of age, §17-3-2.1. Sodomy. Aggravated child molestation. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Time of prosecution of offense where victim under sixteen years of age, §17-3-2.1. Statutory rape. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Time of prosecution where victim under sixteen years of age, §17-3-2.1. Victims of crime. Forensic interviews. Reimbursement of costs. Grounds for reimbursement, §17-15-16. Time of prosecution of offense involving a victim under sixteen years of age, §17-3-2.1. Witnesses. Child victim of or witness to crime. Physical presence of accused, testimony outside of, §17-8-55. MISDEMEANORS. Accusations in misdemeanor cases, §§17-7-70, 17-7-71.
INDEX MISDEMEANORS - Cont’d Arrest warrants. Law enforcement officers. Advising, encouraging or procuring dismissal or settlement of warrant, §17-4-28. Collecting or receiving costs or other charges of prosecutor or defendant before warrant returned, §17-4-29. Bail bondsmen. Professional bondsmen. Violations of provisions, §17-6-55. Bail in misdemeanor cases, §17-6-2. When bail not to be refused, §17-6-1. Bail recovery agents, §17-6-58. Bonds, surety. Criminal bonds. Excessive fees of sureties, §17-6-30. Closing arguments of counsel. Time limits, §17-8-72. Community service. In lieu of fine, §17-10-1. Controlled substances. Marijuana possession of one ounce or less. Trial upon summons or citation without accusation, §17-7-72. Cruelty to children in the second degree. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Discovery. Criminal proceedings, §§17-16-20 to High and aggravated nature. Punishment for generally, §17-10-4. Law enforcement officers. Arrest warrants. Advising, encouraging or procuring dismissal or settlement of warrant, §17-4-28. Collecting or receiving costs or other charges of prosecutor or defendant before warrant returned, §17-4-29. Limitation on prosecutions, §17-3-1. Nuclear power facilities. Refusal to submit to search or vacate premises upon request by security officers, §17-4-20. Profits from crimes. Profits derived from entertainment media. Violation of provisions, §17-14-32.
MISDEMEANORS - Cont’d Punishment. Generally, §17-10-3. High and aggravated nature, §17-10-4. Sentencing, §§17-10-3, 17-10-4. High and aggravated nature. Punishment, §17-10-4. Punishment generally, §17-10-3. Weekend in nonworking hour confinement, §17-10-3.1. Son of Sam law. Violation of provisions, §17-14-32. Statute of limitations, §17-3-1. Sureties. Bail bondsmen. Violations of provisions, §17-6-55. Criminal bonds. Excessive fees of sureties, §17-6-30. Victims of crime. Victim compensation. False claims, §17-15-11. MISNOMER. Plea of misnomer, §17-7-112. MISPRISION OF CLERK OR MINISTERIAL OFFICER. Effect, §17-1-3. MISTRIAL. Criminal trials. Argument of counsel. Improper statements, §17-8-75. Mention of possibility of clemency, §17-8-76. Preparation of transcript where mistrial results in felony case, §17-8-5. MITIGATING CIRCUMSTANCES. Death penalty. Consideration in imposing penalty, §17-10-30. MOTIONS. Arrest of judgment, §§17-9-60 to Criminal motions. Filing and service, §17-1-1. Time for filing pretrial motions, §17-7-110. Directed verdict. Criminal proceedings. Acquittal of accused, §17-9-1. Evidence. Illegally seized evidence. Motion to suppress, §17-5-30.
INDEX MOTIONS - Cont’d Judgments. Arrest of judgment, §§17-9-60 to MOTIONS IN ARREST. Criminal procedure. Judgments and decrees, §§17-9-60 to MOTOR CARRIERS. Accusations in misdemeanor cases, §17-7-71. Bonds for violations of laws. Cash bonds, §§17-6-5 to 17-6-8. Display of driver’s license in lieu of bail, recognizance or incarceration, §17-6-11. MOTOR CARRIERS’ ROAD TAX. Accusations in misdemeanor cases, §17-7-71. Bonds, surety. Cash bonds for violations, §§17-6-5 to Bonds for violations of laws. Cash bonds, §§17-6-5 to 17-6-8. Display of driver’s license in lieu of bail, recognizance or incarceration, §17-6-11. MOTOR VEHICLE ACCIDENTS. Drivers’ licenses. Organ donations. Examination of license at scene of fatal accident, §17-6-11. Organ donations. Examination of driver’s license at scene of fatal accident, §17-6-11. MOTOR VEHICLES. Accusations in misdemeanor cases, §17-7-71. Arrest for violations, §17-4-23. Bonds for violations of laws. Arrest of persons for failure to appear, §17-4-23. Cash bonds, §§17-6-5 to 17-6-8. Display of driver’s license in lieu of bail, recognizance or incarceration, §17-6-11. Burglary. Entering with intent to commit theft or felony. Trial upon accusations, §17-7-70.1. Carjacking. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12.
MOTOR VEHICLES - Cont’d Commercial motor vehicles. Driving under the influence. Appeal bonds, §17-6-1. Criminal offenses. Entering with intent to commit theft or felony. Trial upon accusations, §17-7-70.1. Habitual violators. Operating motor vehicle with revoked license. Trial upon accusations, §17-7-70.1. Entering with intent to commit theft or felony. Trial upon accusations, §17-7-70.1. Habitual violators. Trial upon accusations, §17-7-70.1. Hijacking of motor vehicle. Bail and recognizance. Unsecured judicial release, offenses not eligible for, §17-6-12. Where offense bailable, §17-6-1. Homicide. Homicide by vehicle. Bail or other release from custody, §17-6-1. Habitual violators. Trial upon accusations, §17-7-70.1. Law enforcement agencies. Disposition of property in custody of agency, §17-5-54. Minors. Driving under the influence. Appeal bonds, §17-6-1. Sentencing traffic offenders, §17-10-3. Stolen motor vehicles. Law enforcement agencies. Disposition of property in custody of agency. Determining if vehicle in custody of agency was stolen, §17-5-54. Theft. Voluntary surrender program, §17-10-9.1. Vehicular homicide. Bail or other release from custody, §17-6-1. Habitual violators. Trial upon accusations, §17-7-70.1. Warrants. Failure to appear in court, §17-4-23.
INDEX MUNICIPAL CORPORATIONS. Arrest warrants. Issuance by certain municipal officers, §17-4-40. Indigent persons. Providing legal representation to indigents for ordinance or state law violations. Contracting with circuit public defender, §17-12-23. Generally, §§17-12-1 to 17-12-80. Offenses against municipalities. Cash bond, §17-6-10. Officers. Arrest warrants. Issuance by officers clothed with powers of magistrates, §17-4-40. Police. Discovery in criminal cases. Work location and phone number of police witnesses, §17-16-8. Public defenders. Additional personnel provided circuit public defenders. Contracting with council for, §17-12-32. Contracting with circuit public defender. Providing legal representation to indigents for ordinance or state law violations, §17-12-23. Legal defense of indigent defendants generally, §§17-12-1 to 17-12-80. Recovery of payment or reimbursement. From persons receiving legal services from public defender, §17-12-52. Supplementation of salaries. State paid personnel employed in circuit public defender’s office, §17-12-30. MUNICIPAL COURTS. Criminal records. Authority to seal, §17-8-6. Littering offenses. Trial of offenses upon summons or citation, §17-7-73. Preliminary commitment hearings. Persons who may hold, §17-7-20. Powers of presiding officer to bind over or commit criminal offenders to jail, §17-7-22. Records. Criminal records. Authority to seal, §17-8-6.
MUNICIPAL POLICE. Discovery in criminal cases. Work location and phone number of police witnesses, §17-16-8. MURDER. Bail and recognizance. Appeal bonds, §17-6-1. Unsecured judicial release, offenses not eligible for, §17-6-12. Where offense bailable, §17-6-1. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Felony murder. Bail and recognizance. Unsecured judicial release, offenses not eligible for, §17-6-12. Limitation on prosecutions, §17-3-1. Witnesses. Child witnesses. Presence of accused, testimony outside of, §17-8-55. MUTINY. Evidence. Testimony of inmates in trials for crime of mutiny, §17-8-51. N NARCOTIC DETECTION DOGS. Simple battery upon police dogs generally. Child witnesses. Presence of accused, testimony outside of, §17-8-55. NATIONAL ORIGIN. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. Hate crimes. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. NEEDY PERSONS. Legal defense for indigent defendants generally, §§17-12-1 to NEPHEWS. Incest. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
INDEX NEW TRIAL. Crime victims’ rights, §17-17-12. Criminal jury trial. Judge’s expression or intimation of opinion as to matters proved or guilt of accused. Granting of new trial, §17-8-57. Victims of crimes, rights of, §17-17-12. NGRI PLEAS, §17-7-131. NIECES. Incest. Child witnesses. Presence of accused, testimony outside of, §17-8-55. NOLLE PROSEQUI. Discharge and acquittal of accused. Lack of prosecution after demand for trial, §17-7-170. Capital cases and cases in which death penalty is sought, §17-7-171. Entrance. Extension of period for limitation on prosecutions, §17-3-3. Entry, §17-8-3. NOLO CONTENDERE, §17-7-95. Trial upon plea of, §17-7-70.1. NONAPPEARANCE. Bail and recognizance. Forfeiture of bond on principal’s failure to appear, §17-6-31. Unsecured judicial release. Effect of failure to appear, §17-6-12. Game fish or boating violation. Failure to appear after giving cash bond, §17-6-8. Litter violations. Failure to appear after giving cash bond, §17-6-8. Motor carriers, hazardous materials transportation and road taxes violations. Failure to appear after giving cash bond, §17-6-8. Traffic violations. Failure to appear after giving cash bond, §17-6-8. NONCRIMINAL INVENTORY SEARCHES. Inventory of items seized without search warrant, §17-5-2.
NOTICE. Accusations. Against corporations, §17-7-92. Aggravation, §17-10-2. Arraignments, §17-7-91. Arrested persons. Time and place of commitment hearing, §17-4-26. Effect of failure to notify, §17-4-26. Arrest of judgment. Making of motion, §17-9-60. Criminal trials. Preferred scheduling. Disabled adult or elder victim, §17-8-1. Harassment of victim or witness in criminal case. Temporary restraining order or protective order, §17-17-16. Indictments. Against corporations, §17-7-92. Law enforcement agencies. Sale of personal property in custody of agency, §17-5-54. Law enforcement officers. Indictment or special presentment of peace officer for crime in performance of duties, §17-7-52. Public defenders. Capital defender division. Financial eligibility for indigent defense services. Timing of notification for eligibility, §17-12-80. Sentencing. Time from which sentence runs, §17-10-9. Special presentments. Against corporations, §17-7-92. NOTICE OF APPEAL. Death penalty cases. Mental incompetents, §17-10-70. Review of pretrial proceeding, §17-10-35.1. NUCLEAR POWER FACILITIES. Refusal to submit search or vacate premises upon request by security officers. Criminal penalty, §17-4-20. Security officers. Use of force, searches, detention of persons on premises. Powers, §17-4-20.
INDEX NURSING HOMES. Battery by employee, agents or volunteer against patient, punishment. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
ORDINANCES - Cont’d Bonds for violations. Cash bonds, §17-6-10. ORGANS. Legal organs. Disposition of property seized by police, §17-5-54.
O P OATHS. Witnesses. Criminal trials, §17-8-52. OBJECTIONS. Criminal trials. Jury. Judge’s expression or intimation of opinion as to matters proved or guilt of accused, §17-8-57. Jury instructions. Charges to jury, §17-8-58. OBJECT RAPE. Aggravated sexual battery. Bail and recognizance. Unsecured judicial release, offenses not eligible for, §17-6-12. Child witnesses. Presence of accused, testimony outside of, §17-8-55. ORAL SEX. Bail and recognizance, §17-6-1. Sodomy. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Information for victims, §§17-18-1, Time of prosecution where victim under sixteen years of age, §17-3-2.1. ORDERS. Criminal actions. Vacation. Effect of perjury, §17-1-4. Protective orders. Harassment of victim or witness, §17-17-16. Vacation. Criminal actions. Effect of perjury, §17-1-4. ORDINANCES. Arrest. Adoption or promulgation of conflicting ordinances, §17-4-20.
PAIN AND SUFFERING. Damages. Defined, §17-14-2. PANDERING. By compulsion. Child witnesses. Presence of accused, testimony outside of, §17-8-55. PAPER. Criminal law and procedure. Pleadings, motions and other papers, §17-9-62. Venue change. List of papers, §17-7-151. PARDONS AND PAROLES. Argument of counsel. Possibility of pardon or parole. Arguing before jury, §17-8-76. Conditions. Restitution, §17-14-3. Granting parole prior to completion of one-third of sentence, §17-14-4. Credit for time in confinement. Eligibility. Confinement awaiting trial, receiving treatment, etc. Use in determining parole eligibility, §17-10-11. Crime victims’ bill of rights. Notification to victim of impending parole proceedings, §17-17-13. Eligibility. Credit for time in confinement. Confinement awaiting trial, receiving treatment, etc. Use in determining parole eligibility, §17-10-11. Judge’s authority, §17-10-1. Hate crimes. Restriction on eligibility for parole or early release, §17-10-17.
INDEX PARDONS AND PAROLES - Cont’d Judges. Authority. Eligibility for parole, §17-10-1. Minors. Conditions of parole. High school education or equivalent, §17-10-1. Parole officers. Investigating sexual assault, §§17-5-70 to 17-5-73. Restitution. Conditions, §17-14-3. Granting parole prior to completion of one-third of sentence, §17-14-4. Powers of courts not limited or abrogated, §17-14-19. Revocation of parole or conditional release. Bond pending hearing. When probationer not entitled to, §17-10-1. Serious violent offenders, restrictions, §17-10-6.1. Victims of crimes. Rights of victims. Notification of impending parole proceedings, §17-17-13. PARENT AND CHILD. Assault. Simple assault committed between parents and children. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Battery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Cruelty to children. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Time of prosecution of offense where victim under sixteen years of age, §17-3-2.1. Desertion of spouse or child. Sentence suspension, modification or probation. Payment of child support as condition, §17-10-1. Incest. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
PARENT AND CHILD - Cont’d Incest - Cont’d Prosecution of offense. Time where victim under sixteen years of age, §17-3-2.1. Restitution. Definition of parent, §17-14-2. Obligation of parent for restitution, §17-14-5. PAYMENT IN FULL. Crime victims emergency fund. Award payments, §17-15-10. PEACE BONDS, §§17-6-110 to Breach of bond, §17-6-112. Effect of provoking, §17-6-113. Discharge by court, §17-6-114. Extension by court, §17-6-114. Good behavior bonds, §§17-6-90 to Issuance, §17-6-110. Spouse’s right to obtain against other spouse, §17-6-111. PEACE OFFICERS. Aliens. Illegal alien status. Investigation during investigation of criminal suspect, §17-5-100. Arrest warrant for officer’s arrest. Issuance. Alleged offense committed in performance of duties, §17-4-40. Discovery in criminal cases. Work location and phone number of police witnesses, §17-16-8. False arrest or imprisonment. Officers’ liability, §17-4-61. Illegal aliens. Investigation of status during investigation of criminal suspect, §17-5-100. PEONAGE. Restitution orders. Peonage not authorized, §17-14-15. PERISHABLE PROPERTY. Law enforcement agencies. Disposition of property in custody of agency, §17-5-54. PERJURY. Criminal actions. Vacation of judgments, verdicts, rules or orders, §17-1-4.
INDEX PERSONAL PROPERTY. Law enforcement agencies. Custody of property subject of crime or abandoned. Return to owner, sale, retention or other disposition, §17-5-54. PERSONS WITH DISABILITIES. Protection of disabled adults and elder persons. Arrest by law enforcement officers, §17-4-20. PETITIONS. Trafficking of persons for labor or sexual servitude. Victims, vacating of sentence. Petition, §17-10-21. PHARMACISTS AND PHARMACIES. Theft of controlled substances while in course of committing armed robbery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. PHOTOGRAPHS. Criminal law and procedure. Lineups. Photo lineups. Identification procedures for lineups and showups, §§17-20-1 to 17-20-3. Evidence. Seized items unlawfully obtained. Admissibility of photographs in lieu of original property, §17-5-50. Lineups. Photo lineups. Identification procedures for lineups and showups, §§17-20-1 to PHOTO LINEUPS. Identification procedures for lineups and showups, §§17-20-1 to 17-20-3. PHYSICAL EXAMINATIONS. Criminal discovery. Inspection and copying of results, §17-16-4. PHYSICIANS AND SURGEONS. Death penalty. Compelling to participate in execution, prohibition, §17-10-38. Number required to be present at executions, §17-10-41.
PHYSICIANS AND SURGEONS - Cont’d Death penalty - Cont’d Participation in executions by medical professionals. Licensure challenge, suspension or revocation, exemption, §17-10-42.1. Preparation and filing of certificate of execution, §17-10-42. PIMPING. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. Child witnesses. Presence of accused, testimony outside of, §17-8-55. PLEADINGS. Criminal proceedings. Defects in pleadings. Arrest of judgment. Grounds, §17-9-62. Filing and service, §17-1-1. Pretrial motions, filing, §17-7-110. PLEAS. Arraignments, §17-7-93. Entering plea on indictment or accusation, §17-7-96. Failure of clerk to record plea. Effect, §17-7-97. Guilty pleas. Recordation and pronouncement of judgment, §17-7-93. Withdrawal, §17-7-93. No contest pleas, §17-7-95. Not guilty pleas. Recordation and effect, §17-7-94. Where demurrer or special plea denied, §17-7-111. Receipt and entering of plea, §17-7-91. Silence of accused. Recordation and effect, §17-7-94. Special pleas, §17-7-111. Entering plea on indictment or accusation, §17-7-96. Guilty pleas. Recordation and pronouncement of judgment, §17-7-93. Withdrawal, §17-7-93. Mental incompetency to stand trial. Proceedings upon plea, §17-7-30. No contest pleas, §17-7-95. Not guilty pleas. Recordation and effect, §17-7-94.
INDEX POLICE DOGS. Simple battery upon. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
PLEAS - Cont’d Not guilty pleas - Cont’d Where demurrer or special plea denied, §17-7-111. Plea of misnomer, §17-7-112. Receipt and entering of plea, §17-7-91. Recordation. Failure of clerk to record, §17-7-97. Guilty pleas, §17-7-93. Not guilty pleas, §17-7-94. Silence of accused, §17-7-94. Silence of accused. Recordation and effect, §17-7-94.
POLYGRAPH EXAMINERS. Polygraph examinations. Sexual assault protocol. Victim’s right to refuse request for polygraph examinations or other truth-telling devices, §17-5-73.
POLICE. Aliens. Illegal alien status. Investigation during investigation of criminal suspect, §17-5-100. Arrest warrant for officer’s arrest. Issuance. Alleged offense committed in performance of duties, §17-4-40. Battery upon police officers. Simple battery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Bias crime reports. Submission to GBI, §17-4-20.2. Illegal aliens. Investigation of status during investigation of criminal suspect, §17-5-100. Personal property in custody of law enforcement agency. Property subject of crime or abandoned. Return to owner, sale, retention or other disposition, §17-5-54. Return of property to owner. Custody of property subject of crime or abandoned, §17-5-54. Sale of personal property. Custody of property subject of crime or abandoned, §17-5-54. Witnesses. Discovery in criminal cases. Work location and phone number of police officer, §17-16-8. POLICE BRUTALITY. Arrest of suspected felon. Degree of force allowed, §17-4-20.
POOR PERSONS. Attorneys. Legal defense for indigent defendants generally, §§17-12-1 to 17-12-80. Legal defense for indigent defendants generally, §§17-12-1 to POSSE. Summoning, §17-4-24. POSSESSION OF CONTROLLED SUBSTANCE OR MARIJUANA. Trial upon accusation, §17-7-70.1. Trial upon summons or citation without accusation, §17-7-72. PREDISPOSITION. Victim impact statements. Hearings generally, §17-10-1.1. PREGNANCY. Assault of pregnant woman. Simple assault. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Battery. Simple battery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Execution of expectant mothers, §§17-10-34, 17-10-39. PRELIMINARY HEARINGS. General provisions, §§17-7-20 to PRESENTENCE HEARINGS. Felony cases, §17-10-2. PRESENTMENTS. Special presentments. Against corporations, §17-7-92. Law enforcement officers. Indictment or special presentment of peace officer for crime in performance of duties, §17-7-52.
INDEX PRESENTMENTS - Cont’d Special presentments - Cont’d Presentation to jury, §17-8-2. Prosecutions upon, §17-7-51. PRESUMPTIONS. Death penalty. Mentally competent to be executed. Prior adjudication of mental competence, §17-10-69. Mental illness. Execution of mental incompetents. Prior adjudication of competence as presumption of competency, §17-10-69. PRETRIAL CRIMINAL PROCEEDINGS. General provisions, §§17-7-1 to PRETRIAL RELEASE AND DIVERSION PROGRAMS. Electronic pretrial release and monitoring program. Alternative to posting bail or as special condition of bond, §17-6-1.1. PRINCIPALS OF SCHOOLS. Arrest warrants. Issuance for arrest of school administrators. Alleged offense committed in performance of duties, §17-4-40. PRISON GUARDS. Death row inmates. Transporting defendant to prison, §17-10-33. PRISON LABOR. Graffiti. Removal by inmates, §§17-15A-1 to PRISONS AND PRISONERS. Arrested persons. Imprisonment in county other than one in which offense committed, §17-4-25. Persons arrested by private persons, §17-4-62. Bail and recognizance. Imprisonment of person who offers bond for amount of bail set, §17-6-15.
PRISONS AND PRISONERS - Cont’d Bail and recognizance - Cont’d Receipt of bail after imprisonment, §17-6-15. Battery upon correctional officers. Simple battery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Correctional officers. Simple battery upon. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Death row inmates. Transporting defendant to prison, §17-10-33. Department of corrections. Restitution. Remand of sentence. Copies of restitution order to be provided to department, §17-14-16. Earned-time allowances. Persons sentenced for misdemeanors of a high and aggravated nature, §17-10-4. Restitution as condition, §17-14-3. Escape. Trial upon accusations, §17-7-70.1. Extradition of person imprisoned in another state, §17-13-24. Extradition of person imprisoned in Georgia, §17-13-39. Good time credits. Earned-time allowances. Restitution as condition, §17-14-3. Parole. Credit for time in confinement. Confinement awaiting trial, receiving treatment, etc, §17-10-11. Restitution as condition, §17-14-3. Probation. Restitution as condition, §17-14-3. Graffiti. Removal by inmates, §§17-15A-1 to Jails. Extradited persons, §§17-13-32, Fees. Imposition upon prosecutor or complainant, §17-11-4.
INDEX PRISONS AND PRISONERS - Cont’d Jails - Cont’d Jailing of prisoners where no jail in county, §17-7-1. Jail fees and costs, §17-7-1. Sheriff’s duty to receive prisoner from another county where fees and costs not paid, §17-7-2. Preliminary commitments. Delivery of accused to person in charge of jail, §17-7-32. Release pending voluntary surrender, §17-10-9.1. Mutinous conduct. Trial of inmates for crime of mutiny, §17-8-51. Rehabilitation programs. Restitution as condition for placement, §17-14-3. Release of prisoners. Restitution as condition, §17-14-3. Voluntary surrender program, §17-10-9.1. Sexual assault against patient in hospitals. Investigating sexual assault, §§17-5-70 to 17-5-73. Sexual assault against persons in custody. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Victims, blocking of communications from offender to, §17-17-12.1. Witnesses. Trials of inmates escaping from correctional institutions, §17-8-50. Trials of inmates for crime of mutiny, §17-8-51. Work-release programs. Condition of probation, participation. Defendant sentenced to probated confinement, §17-10-1. PRISON TERMS. Appeals. Terms exceeding twelve years. Three-judge panel review, disposition of cases currently under review of defunct panel, §17-10-6.3. Bail recovery agents, §17-6-58. Concurrent terms, §17-10-10.
PRISON TERMS - Cont’d Credit for time. Confinement awaiting trial, receiving treatment, etc, §§17-10-11, Restitution as condition of probation or parole, §17-14-3. Voluntary surrender program, §17-10-9.1. Earned time allowance. Persons sentenced for misdemeanors of a high and aggravated nature, §17-10-4. Restitution as condition, §17-14-3. Felonies. Imposition of misdemeanor punishment for felonies punishable by imprisonment for term of ten years or less, §17-10-5. Repeat offenders, §17-10-7. Guilt adjudication. Required, §17-10-13. Human trafficking for labor or sexual servitude. Victims, vacating of sentence. Petition, §17-10-21. Minors. Felons, §17-10-14. Misdemeanors. Generally, §17-10-3. Misdemeanors of a high and aggravated nature, §17-10-4. Weekend or nonworking hours of defendant, §§17-10-3, 17-10-3.1. Serious violent offenders, §17-10-6.1. Time from which term runs, §17-10-9. Trafficking of persons for labor or sexual servitude. Victims, vacating of sentence. Petition, §17-10-21. Weekend terms, §17-10-3. Weekends or nonworking hours of defendant, §17-10-3.1. PRIVILEGES AND PRIVILEGED COMMUNICATIONS. Arrest. Active duty military personnel. Privilege from arrest, §17-4-2. Crime victims’ bill of rights. Communications with victim assistance personnel privileged, §17-17-9.1. PROBABLE CAUSE. Arrest warrants. Issuance based on, §17-4-40.
INDEX PROBATE COURTS. Hearings. Preliminary commitment hearings. Judges. Persons who may hold, §17-7-20. Judges. Preliminary commitment hearings. Persons who may hold, §17-7-20. Litter. Trial of offenses upon summons or citation, §17-7-73. Preliminary commitment hearings. Judges. Persons who may hold, §17-7-20. PROBATION. Active probation supervision. Defined, §17-10-1. Administrative probation supervision. Defined, §17-10-1. Behavioral incentive date in sentencing order, §17-10-1. Community supervision officers. Restitution. Payments. Duties of receivers of restitution payments, §17-14-8. Remand of sentence. Copies of restitution order to be provided to department, §17-14-16. Split sentence. Supervision post-incarceration. Community supervision department role in supervision, §17-10-1.4. Conditions. Behavioral incentive date in sentencing order, §17-10-1. Debt owed to state, payment, §17-15-13. Fee for legal services, payment, §17-10-8.1. Minor without high school diploma or equivalent, §17-10-1. Public defender’s costs for providing representation. Repayment as condition, §17-12-51. Restitution, §17-14-3. Delinquent or unruly juveniles, §17-14-5. Traffic offenders, §17-10-3.
PROBATION - Cont’d Conditions - Cont’d Work release program operated by county. Participation by defendant sentenced to probated confinement, §17-10-1. Debt owed to state. Payment as condition of probation, §17-15-13. Delinquent children. Restitution as condition, §17-14-5. Fees. Legal services, payment. Condition, §17-10-8.1. Public defender’s costs for providing representation. Repayment as condition, §17-12-51. Judge’s authority, §17-10-1. Juvenile court probation officers. Restitution payments. Duties of receivers of restitution payments, §17-14-8. Juvenile courts. Restitution as condition, §17-14-5. Probation officers. Investigating sexual assault, §§17-5-70 to 17-5-73. Restitution payments. Duties of receivers of restitution payments, §17-14-8. Public defender’s costs for providing representation. Repayment as condition, §17-12-51. Restitution. Conditions, §17-14-3. Delinquent or unruly juveniles, §17-14-5. Powers of courts not limited or abrogated, §17-14-19. Retention of jurisdiction through out period of probated sentence. Sentencing court, §17-10-1. Revocation. Authority of sentencing judge, §17-10-1. Bond pending hearing. When probationer not entitled to, §17-10-1. Felon who paid fine as condition precedent to probation. Rebate or refund of fine, §17-10-8.
INDEX PROBATION - Cont’d Revocation - Cont’d Place of serving sentence of probation revoked for violation, §17-10-1. Serious violent offenders, §17-10-6.1. Split sentence. Mandatory minimum, additional probated sentence, §17-10-6.1. Sexual offenders. Conviction requiring registration. Duration of active probation supervision, §17-10-1. Split sentence. Mandatory minimum, additional probated sentence, §17-10-6.2. Shortening period of probation. Sentencing court, §17-10-1. Split sentence. Mandatory minimum, additional probated sentence. Serious violent offenders, §17-10-6.1. Sexual offenders, §17-10-6.2. Supervision post-incarceration. Community supervision department role in supervision, §17-10-1.4. Supervision. Fee, §17-15-13. Termination of supervision. Time period, §17-10-1. Traffic offenders, §17-10-3. Violent offenders. Serious violent offenders, §17-10-6.1. Work release program operated by. Participation condition of probation. Defendant sentenced to probated confinement, §17-10-1. PROCURING PROSTITUTE FOR ANOTHER. Pimping. Child witnesses. Presence of accused, testimony outside of, §17-8-55. PROFESSIONAL BONDSMEN, §§17-6-50 to 17-6-55. PROFITS FROM CRIMES. Search pursuant to lawful arrest. When authorized, §17-5-1. Son of Sam law, §§17-14-30 to PROPERTY. Trespass. Criminal trespass. Arrest by citation, §17-4-23.
PROPERTY DAMAGE. Criminal trespass. Arrest by citation, §17-4-23. Graffiti. Compensation for criminally inflicted property, §§17-15A-1 to 17-15A-4. Graffiti defined, §17-15A-2. Legislative authority for enacting provisions, §17-15A-1. Legislative findings, §17-15A-3. Removal of graffiti by inmates, §17-15A-4. PROSECUTING ATTORNEYS. Children in detention pending trial. List provided. Responsibility of official in charge facility in which child detained, §17-7-3. PROSTITUTION. Pandering. By compulsion. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Pimping. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Trafficking of persons for labor or sexual servitude. Prosecution of offense. Time where victim under sixteen years of age, §17-3-2.1. Victims, vacating of sentence. Petition, §17-10-21. PROTECTIVE ORDERS. Victims or witnesses. Harassment, §17-17-16. PSYCHOTHERAPY. Sexual assault by practitioner of psychotherapy against patient. Child witnesses. Presence of accused, testimony outside of, §17-8-55. PUBLICATION. Law enforcement agencies. Notice of sale of personal property in custody of agency, §17-5-54. PUBLIC DEFENDER COUNCIL. Generally, §§17-12-1 to 17-12-12.1.
INDEX PUBLIC DEFENDER COUNCIL - Cont’d Legal defense of indigents generally, §§17-12-1 to 17-12-80. PUBLIC DEFENDERS, §§17-12-1 to Actions and proceedings requiring representation, §17-12-23. Alternative delivery system. Single county composing judicial circuit, §17-12-36. Appointed counsel. Capital defender division. Division unable to defend. Appointment of private counsel, §17-12-12.1. Conflict of interest of circuit defender, §17-12-22. Assistance provided public defenders. Public defender council, §17-12-6. Assistant public defender. Additional assistants, employment, §§17-12-27, 17-12-31. Appointment for each superior court judge, §17-12-27. Classification based on education, training and experience, §17-12-27. Defined, §17-12-2. Georgia bar membership required, §17-12-33. Identification card, issuance to, §17-12-27. Private practice of law prohibited, bar membership required, §17-12-33. Promotion to next highest class, §17-12-27. Salary range and advancements, §17-12-27. Attorney’s fees, recovery, §§17-12-50 to 17-12-52. County or municipality. Recovery of payment or reimbursement, §17-12-52. Definitions, §17-12-50. Repayment as condition of probation, §17-12-51. Budget of council, §17-12-26. Capital defender division. Indigents charged with capital felony. Capital defender, §17-12-5. Division unable to defend. Appointment of private counsel, §17-12-12.1.
PUBLIC DEFENDERS - Cont’d Capital defender division - Cont’d Indigents charged with capital felony - Cont’d Duty to represent, §17-12-12. Circuit public defender. Additional personnel, employment, §§17-12-27, 17-12-31. Contracting with council for. Counties or municipalities providing additional personnel, §17-12-32. Administrative, clerical and paraprofessional personnel. Employment, compensation, §§17-12-29, 17-12-31. Alternative delivery system. Single county composing judicial circuit, §17-12-36. Appeals. Removal, §17-12-20. Assistant public defender. Appointment, classification, salary, §§17-12-27, 17-12-31. Georgia bar membership required, §17-12-33. Private practice of law prohibited, bar membership required, §17-12-33. Authority, duties and powers. Personnel employed by defender, §17-12-30. Budget, §17-12-26. Cases in which representation required, §17-12-23. Classification of personnel employed by defender, §17-12-30. Conflict of interest. Appointment of attorneys to represent indigents, §17-12-22. Contracting with local governments. Representing indigents violating ordinances or state laws, §17-12-23. Day-to-day operation of office, §17-12-24. Defined, §17-12-2. Deputy defenders, employment, §17-12-31. Effective date of article, §17-12-37. Eligibility to fill position, §17-12-21. Evaluation of job performance. Director of council, §17-12-5. Expenses of office. Pro rata sharing by counties in district, §17-12-34.
INDEX PUBLIC DEFENDERS - Cont’d Circuit public defender - Cont’d Financial eligibility for indigent defense services. Determining, §17-12-24. Timing of notification, §17-12-80. Fiscal officer. Public defender council, §17-12-6. Funds and grants from public or private source. Accepting, §17-12-35. Identification card, issuance to, §17-12-27. Independent contractors, employment, §17-12-31. Investigator. Appointment, duties, salary, §§17-12-28, 17-12-31. Juvenile division. Circuit defender to establish, §17-12-23. Law students assisting in defense of indigent defendants. Third-year law students and staff instructors, §§17-12-40 to Nomination of people to serve, §17-12-20. Private practice of law prohibited, §17-12-25. Qualifications, §17-12-21. Records, §17-12-24. Removal, §17-12-20. Required representation, §17-12-23. Review of job performance, §17-12-20. Salary and cost-of-living adjustments, §17-12-25. Salary for state paid personnel, §17-12-30. Selection, §17-12-20. State employees in unclassified service. Full-time employees of office, §17-12-27. Supervisory panel, §17-12-20. Review of defender’s job performance. Annual review, §17-12-20. Supplemental personnel. Employment, compensation, §17-12-29. Supplementation of salary. Accountability court salary supplement, §§17-12-25,
PUBLIC DEFENDERS - Cont’d Circuit public defender - Cont’d Supplementation of salary - Cont’d County or counties comprising district, §17-12-25. Terms, §17-12-20. Third-year law students and staff instructors. Assisting in defense of indigent defendants, §§17-12-40 to Travel budget, §17-12-26. Vacancy, §17-12-20. Circuit public defender supervisory panel, §17-12-20. Conflict of interest. Capital defender division. Division unable to defend capital defendant. Appointment of private counsel, §17-12-12.1. Circuit public defender. Appointment of attorneys to represent indigents, §17-12-22. Continuing legal education for public defenders and staff. Council, approval for credit or reimbursement, §17-12-9. Contracting with local governments. Circuit public defenders. Representing indigents violating ordinances or state laws, §17-12-23. Council. Georgia public defender council, §§17-12-1 to 17-12-12.1. Definitions, §17-12-2. Effective date of article. Circuit public defender, §17-12-37. Third-year law students and staff instructors. Assisting in defense of indigent defendants, §17-12-45. Entitlement of indigent to counsel. Actions and proceedings requiring representation, §17-12-23. Financial eligibility for indigent defense services. Determination by circuit public defender and others providing services, §17-12-24. Timing of notification, §17-12-80. Georgia indigent defense act. Short title, §17-12-1. Georgia public defender council, §§17-12-1 to 17-12-12.1.
INDEX PUBLIC DEFENDERS - Cont’d Identification cards. Issuance to circuit public defender, assistant public defender or local public defender, §17-12-27. Immunity of public defender council. Act or failure to act in carrying out purposes of article, §17-12-10.2. Circuit public defender selection panel and other policy-making or administrative personnel, §17-12-10.1. Investigators. Appointment, qualifications, duties, salary, §§17-12-28, 17-12-31. Law students assisting in defense of indigent defendants. Third-year law students and staff instructors, §§17-12-40 to Mental health advocacy division. Indigents found not guilty by reason of insanity or incompetent to stand trial. Duty to represent, §17-12-11. Mental health advocate. Director of council to hire, §17-12-5. Probation. Repayment by defendant represented by public defender. Condition of probation, §17-12-51. Public defender council, §§17-12-1 to Alternative delivery system. Single county composing judicial circuit, §17-12-36. Assistance provided public defenders, §17-12-6. Auditing procedures, adoption, annual audit, §17-12-4. Authority, §17-12-4. Best interest of indigent defendants. Members to act in, §17-12-7. Budget, §17-12-26. Director to propose, requirements, §17-12-5. Chairperson, §17-12-7. Compensation and expenses, §17-12-7. Continuing education for public defenders and staff. Approval for credit or reimbursement, §17-12-9. Created, §17-12-3.
PUBLIC DEFENDERS - Cont’d Public defender council - Cont’d Director. Annual report, §17-12-5. Direct legal representation to persons entitled to services. Prohibited, §17-12-5. Eligibility for appointment, §17-12-5. Mental health advocate. Duty to hire, §17-12-5. Powers and authority, §17-12-5. Private practice of law. Prohibited, §17-12-5. Qualifications for appointment, §17-12-5. Removal of circuit public defender, §17-12-20. Responsibilities, §17-12-5. Support services and programs, §17-12-5. Divisions within office. Director may establish, §17-12-5. Fiscal officer for circuit public defender, §17-12-6. Immunity from civil liability. Act or failure to act in carrying out purposes of article, §17-12-10.2. Independent agency. Within judicial branch of state government, §17-12-1. Legislative oversight committee, §17-12-10.1. Meetings, §17-12-7. Membership. Number, appointment, terms, vacancy, §17-12-3. Qualifications, §17-12-3. Minute of meetings. Required to keep and maintain, §17-12-7. Officers, §17-12-7. Powers and duties, §17-12-4. Quorum, §17-12-7. Removal, §17-12-7. Reports, §17-12-10. Responsibility, §17-12-1. Retirement compensation received by administrative or clerical staff. Compensation from council funds, restrictions, §17-12-4. Support services and programs. Director to provide, §17-12-5. Travel budget for circuit defenders, §17-12-26. Voting entitlement, §17-12-7.
INDEX PUBLIC DEFENDERS - Cont’d Recovery of attorney’s fees, §§17-12-50 to 17-12-52. Short title. Georgia indigent defense act, §17-12-1. Third-year law students and staff instructors. Assisting in defense of indigent defendants, §§17-12-40 to Authorization to assist, §17-12-41. Dean’s certificate. Clerk of court to keep on file, §17-12-43. Definitions, §17-12-40. Effective date of article, §17-12-45. Exception to qualification requirements for public defenders, §17-12-44. Form and manner of assistance. Judge may prescribe, §17-12-42. Judge may prescribe type of assistance, §17-12-42. Oath of student and instructor. Clerk of court to keep on file, §17-12-43. Order of judge. Clerk of court to keep on file, §17-12-43. Qualification requirements for public defenders. Exceptions to, §17-12-44. Restrictions on assisting, §17-12-41. Verification of indigency required, §17-12-80. PUBLIC OFFICERS AND EMPLOYEES. Conversion of public property. Limitation on prosecutions. Excluded periods, §17-3-2. Grand jury. Witnesses. Right of public official to appear at grand jury, §17-7-70.1. Limitation on prosecutions. Conversion of public property. Excluded periods, §17-3-2. PUBLIC RECORDS. Inspection of public records. Exceptions to requirement. Bias crime reports, §17-4-20.2. PURCHASING CONTROLLED SUBSTANCE OR MARIJUANA. Trial upon accusation, §17-7-70.1.
Q QUASHING INDICTMENTS. First indictments, §17-3-3. Second indictments, §17-7-53.1. QUESTIONNAIRES. Death penalty. Pretrial proceedings review, §17-10-35.1. Supreme court. Review of death sentences, §17-10-35. R RACIAL MINORITIES. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. Criminal law and procedure. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. Hate crimes. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. RACING ON HIGHWAYS OR STREETS. Habitual violators. Trial upon accusations, §17-7-70.1. RAILROADS. Assault in public transit vehicle or station. Simple assault. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Battery in public transit vehicle or station. Child witnesses. Presence of accused, testimony outside of, §17-8-55. RAPE. Bail and recognizance. Appeal bonds, §17-6-1. Unsecured judicial release, offenses not eligible for, §17-6-12. Where offense bailable, §17-6-1.
INDEX RAPE - Cont’d Child witnesses. Presence of accused, testimony outside of, §17-8-55. DNA testing. Sexual assault protocol. Preservation of evidence, §17-5-71. Information for victims of rape, §§17-18-1, 17-18-2. Limitation of actions, §17-3-1. Prosecution of offense where victim under sixteen years of age, §17-3-2.1. Medical examinations. Sexual assault protocol. Preservation of evidence, §17-5-71. Object rape. Aggravated sexual battery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Sexual assault protocol. Investigating sexual assault, §§17-5-70 to 17-5-73. Spousal rape. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Statute of limitations, §17-3-1. Victim under sixteen years of age, §17-3-2.1. Statutory rape. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Time of prosecution where victim under sixteen years of age, §17-3-2.1. REASONABLE DOUBT. Death penalty. Procedure for imposition, §17-10-30. Guilty but mentally ill at the time of crime, §17-7-131. Guilty but with intellectual disability, §17-7-131. Venue generally, §17-2-2. RECIDIVISTS. Sentencing. Felons, §17-10-7. Traffic laws. Habitual violators. Trial upon accusations, §17-7-70.1.
RECORDATION. Arraignments. Failure of clerk to record arraignment. Effect, §17-7-97. Not guilty plea and silence of accused, §17-7-94. Bail and recognizance. Receipt of cash bond on docket, §17-6-4. Criminal proceedings. Testimony in felony cases, §17-8-5. Death penalty. Change of time period for execution where time period set has lapsed, §17-10-40. Pleas. Failure of clerk to record, §17-7-97. Guilty pleas, §17-7-93. Guilty pleas at arraignments, §17-7-93. Not guilty pleas, §17-7-94. Silence of accused, §17-7-94. RECORDS. Arrest. Open for public inspection, §17-4-27. Criminal proceedings. Capital felony expenses. Maintenance of records by clerks of superior courts, §17-11-24. Death sentence. To whom copies sent, §17-10-33. Defects in records. Grounds for motion in arrest of judgment, §17-9-62. Felonies, §§17-16-1 to 17-16-10. Misdemeanors, §§17-16-20 to 17-16-23. Death penalty. To whom copies sent, §17-10-33. Municipal courts. Criminal records. Authority to seal, §17-8-6. Public defenders. Circuit public defender, §17-12-24. Searches and seizures. Property unlawfully obtained, §17-5-50. RECTUM. Sodomy. Information for victims, §§17-18-1, RECUSAL. Death sentence reviews. Grounds, §17-10-35.1.
INDEX REFUND FRAUD. Arrest by citation, §17-4-23. REFUNDS. Fraud, offense of. Arrest by citation, §17-4-23. RELIGION. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. Criminal law and procedure. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. Discrimination. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. Hate crimes. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. REMANDS. Supreme court. Death sentence reviews, §17-10-35. REPEAT OFFENDERS. Sentencing felons, §17-10-7. Traffic law violators. Generally, §17-7-70.1. REPORTS. AIDS. Persons convicted of AIDS transmitting crimes. Results of HIV test, §17-10-15. Bias crime reports, §17-4-20.2. Criminal proceedings. Felonies, §§17-16-1 to 17-16-10. Misdemeanors, §§17-16-20 to 17-16-23. Family violence. Investigative report by law enforcement officer, §17-4-20.1. Public defender council, §17-12-10. Victim compensation. Decision by director, §17-15-6. Georgia crime victims compensation board, §17-15-4. RESTITUTION, §§17-14-1 to 17-14-19. Amount, §17-14-9. Factors to be considered in determining, §17-14-10.
RESTITUTION - Cont’d Burden of proof. Hearing to determine restitution, §17-14-7. Change in order, §17-14-12. Civil actions against offender. Effect of restitution order on, §17-14-11. Collection of restitution in criminal cases, §17-10-20. Compensation of victims of crimes. Crime victim’s compensation board. Reduction of award from by amount of restitution, §17-14-6. Crime victims emergency fund. Payments to and by, §17-14-18. Generally, §§17-15-1 to 17-15-16. Governmental entities that have compensated victim. Payment of restitution to, §17-14-6. Conditions of relief. Definition of relief, §17-14-2. Poor persons, §17-14-15. Prior total or partial restitution. Setoff, §17-14-6. Requiring restitution, §17-14-3. Requiring restitution by juvenile, §17-14-5. Crime victims’ bill of rights. Information to be provided to prosecuting attorney, §17-17-8. Crime victims emergency fund. Payments to and by, §17-14-18. Declaration of public policy, §17-14-1. Definitions, §17-14-2. Enforcement of order, §17-14-13. Fieri facias. Collection of restitution in criminal cases, §17-10-20. Fines. Apportionment of payments for fines and restitution, §17-14-8. Fraudulent transfers. Action to set aside, §17-14-17. Hearing to determine restitution, §17-14-7. Interest, §17-14-14. Juvenile courts, §17-14-5. Modification of order, §17-14-12. Multiple offenders or victims, §17-14-7. Nature. Factors to be considered in determining, §17-14-10.
INDEX RESTITUTION - Cont’d Parent and child. Definition of parent, §17-14-2. Obligation of parent for restitution, §17-14-5. Payment, §17-14-8. Crime victims emergency fund. Payments to and by, §17-14-18. Governmental entities that have compensated victim. Payment of restitution to, §17-14-6. Interest, §17-14-14. Review of compliance, §17-14-14. Wage assignments, §17-14-14. Peonage not authorized, §17-14-15. Plan of offender, §17-14-7. Policy of state, §17-14-1. Poor persons. Conditions of relief, §17-14-15. Powers of courts. Provisions not to limit or abrogate, §17-14-19. Prior restitution. Setoff, §17-14-6. Probation. Conditions, §17-14-3. Delinquent or unruly juveniles, §17-14-5. Powers of courts not limited or abrogated, §17-14-19. Profits of accused. Derived from entertainment media. Distribution to victims or representatives, §§17-14-30 to Remand of sentence. Copies of restitution order to be provided to corrections and juvenile justice departments, §17-14-16. Right of offender to offer plan, §17-14-7. Sanctions for failure to comply with order, §17-14-13. Setoffs. Prior total or partial restitution made to victim, §17-14-6. Restitution payments against judgments in civil actions, §17-14-11. Victim impact statements. Consideration when entering order of restitution, §§17-10-1.1, 17-10-1.2. Voidable transactions. Action to set aside deceptive transfers under voidable transactions act, §17-14-17.
RESTITUTION - Cont’d Wage assignments, §17-14-14. Waiver of victim’s rights, §17-14-7. RETAILERS. Refund fraud. Arrest by citation, §17-4-23. RETRIAL. Capital felony expenses, §§17-11-21, ROBBERY. Armed robbery. Bail and recognizance. Appeal bonds, §17-6-1. Unsecured judicial release, offenses not eligible for, §17-6-12. Where offense bailable, §17-6-1. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Bail and recognizance. Armed robbery. Where offense bailable, §17-6-1. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. By intimidation. Child witnesses. Presence of accused, testimony outside of, §17-8-55. RULES AND REGULATIONS. Bail and recognizance. Display of drivers’ licenses for violations of laws pertaining to traffic, motor vehicles, etc., §17-6-11. Professional bonding companies, §17-6-15. S SALARIES. Public defenders. Assistant public defender, §17-12-27. Circuit public defender, §17-12-25. Investigator, §§17-12-27, 17-12-28. State paid personnel. Employed in circuit public defender’s office, §17-12-30. SALE OF CONTROLLED SUBSTANCE OR MARIJUANA. Trial upon accusation, §17-7-70.1.
INDEX SCHOOLS AND EDUCATION - Cont’d Sports. Battery against sports officials. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
SALES. Refunds. Fraudulent attempts to obtain. Crime of refund fraud. Arrest by citation, §17-4-23. SANITY. Criminal law and procedure. Time of offense. Evidence, §17-7-130.1. Examination. Trial admissibility, §17-7-130.1.
SCIENTIFIC EVIDENCE. Biological material evidence. Maintenance and preservation, §17-5-56.
SCHOOLS AND EDUCATION. Arrest warrants. Issuance for arrest of teachers or school administrators. Alleged offense committed in performance of duties, §17-4-40. Assault and battery. Simple assault against employee of public school system. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Athletics. Battery against sports officials. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Battery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Interscholastic extracurricular sports. Battery against sports officials. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Personnel. Arrest warrants. Issuance for arrest of teachers or school administrators. Alleged offense committed in performance of duties, §17-4-40. Sexual assault by person in disciplinary or supervisory position of authority. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Investigating sexual assault, §§17-5-70 to 17-5-73.
SEALS AND SEALED INSTRUMENTS. Criminal records. Authority of municipal court, §17-8-6. SEARCHES AND SEIZURES, §§17-5-1 to 17-5-56. Arrested persons. Searches pursuant to lawful arrest. Authorized, §17-5-1. Inventory and return of items seized, §17-5-2. Disposition of property seized. Devices with historical or instructional value, §17-5-53. Personal property in custody of law enforcement agency, §17-5-54. Return of items seized. Items seized pursuant to search warrants, §17-5-29. Items seized pursuant to warrantless searches, §17-5-2. Unlawfully obtained property, §17-5-50. Unlawfully obtained property, §17-5-50. Weapons used in commission of crime or illegally concealed, §17-5-52. Dockets. Maintenance of docket record of warrants issued, §17-5-22. Evidence. Documentary evidence in possession of attorney, §17-5-32. Illegally seized evidence. Motion to suppress, §17-5-30. Property unlawfully obtained. Admissibility of photographs in lieu of original property, §17-5-50. Use of statements made by defendant or agent at trial, §17-5-50. Suppressing evidence because of technicalities, §17-5-31.
INDEX SEARCHES AND SEIZURES - Cont’d Exclusion of illegally seized evidence. Documentary evidence in possession of attorney, §17-5-32. Motion to suppress, §17-5-30. Illegally seized evidence. Documentary evidence in possession of attorney. Exclusion, §17-5-32. Motion to suppress, §17-5-30. Inventory of items seized. Property unlawfully obtained, §17-5-50. Warrantless searches, §17-5-2. Where searches pursuant to warrants, §17-5-29. Nuclear power facility security officers. Power to search persons on premises, §17-4-20. Probable cause requirement. Issuance of search warrant, §17-5-21. Records. Property unlawfully obtained, §17-5-50. Return of items seized. Unlawfully obtained property, §17-5-50. Warrantless searches, §17-5-2. Where searches pursuant to warrants, §17-5-29. Scope of search. Permissible scope, §17-5-21. Searches without warrants, §§17-5-1, Search warrants, §§17-5-20 to 17-5-32. Applications. Who may apply, §17-5-20. Contents. Command to officer directed to execute warrant, §17-5-23. General requirements, §17-5-21. Time and date, §17-5-22. Documentary evidence in possession of attorney. Requirement of warrant, §17-5-32. Execution. Assistance to officers in execution of warrant. Persons acting under direction of officers, §17-5-21. Command to officer, §17-5-23.
SEARCHES AND SEIZURES - Cont’d Search warrants - Cont’d Execution - Cont’d Copy of warrants. Where to be left, §17-5-25. Detention of persons on premises, §17-5-28. Devices. Electronic, laser, etc, devices, use in executing warrant authorized, §17-5-21. Force in execution, §17-5-27. Officers who may execute warrants, §17-5-24. Search of persons on premises, §17-5-28. Time limitation, §17-5-25. When warrant may be executed, §17-5-26. Force in execution, §17-5-27. Issuance. Docket record. Maintenance, §17-5-20. Grounds, §17-5-21. Probable cause requirement, §17-5-21. Requirements generally, §17-5-20. Time and date. Required, §17-5-22. Video conference, §17-5-21.1. Who may apply, §17-5-20. Who may issue, §17-5-21. Judges emeritus, §17-5-21. Retired judges, §17-5-21. Officers authorized to execute, §17-5-24. Quashing because of technical irregularities, §17-5-31. Video conference. Issuance by, §17-5-21.1. When warrant may be executed, §17-5-26. Warrantless searches, §§17-5-1, 17-5-2. SECOND DEGREE CRUELTY TO CHILDREN. Child witnesses. Presence of accused, testimony outside of, §17-8-55. SELF-INCRIMINATION. Accused. Privilege against. No presumption, no comment on failure to testify. Commitment hearings, §17-7-28.
INDEX SELF-INCRIMINATION - Cont’d Law enforcement officers. Indictment or special presentment of officer for crime in performance of duties. Prohibition against requiring self-incrimination, §17-7-52. SENTENCING, §§17-10-1 to 17-10-21. Appeals. Prison terms exceeding twelve years. Three-judge panel review, disposition of cases currently under review of defunct panel, §17-10-6.3. Serious violent offenders. State appeal where sentence imposed not in conformance with provisions, §17-10-6.1. Victim impact statements. Noncompliance with statutory provisions, §§17-10-1.1, Bias or prejudice. Defendants guilty of crimes involving bias or prejudice. Enhanced penalties, §17-10-17. Notification of intention to seek, §17-10-18. Recommencement of trial for determination, §17-10-19. Change or modification. Judge’s authority, §17-10-1. Prison terms exceeding twelve years. Three-judge panel review, disposition of cases currently under review of, §17-10-6.3. Citizenship status of convict. Factoring into determination, §17-10-1.3. Collection of fines in criminal cases, §17-10-20. Concurrent sentences, §17-10-10. Credit for time in confinement. Confinement awaiting trial, receiving treatment, etc, §§17-10-11, Misdemeanor of high and aggravated nature. Earned time allowance, §17-10-4. Defendant previously appearing before juvenile court. Cases involving felony. Availability of records of dispositions of defendant as well as evidence in juvenile court, §17-10-1.
SENTENCING - Cont’d Departure from mandatory minimum term. Serious violent offenders, when lesser sentence permitted, §17-10-6.1. Sexual offenders, when lesser sentence permitted, §17-10-6.2. Determinate sentence for specific number of months or years. Duty of judge to prescribe when fixing sentence, §17-10-1. Early release. Serious violent offenders, restrictions, §17-10-6.1. Earned time allowance. Misdemeanor of high and aggravated nature, §17-10-4. Felony cases. Fine, maximum amount, §17-10-8. Imposition of misdemeanor punishment for felonies punishable by imprisonment for term of ten years or less, §17-10-5. Minor under 17 convicted of felony, §17-10-14. Presentence hearings, §17-10-2. Repeat offenders, §17-10-7. Fieri facias. Collection of fines and restitution in criminal cases, §17-10-20. Financial obligations other than restitution, factors in sentencing, §17-10-1. Fixing of sentence, §17-10-1. Good-time allowances. Misdemeanor of high and aggravated nature, §17-10-4. Guilt adjudication. Prerequisite to assessment of punishment, §17-10-13. Hate crimes. Enhanced penalties, §17-10-17. Notification of intention to seek, §17-10-18. Recommencement of trial for determination, §17-10-19. Human trafficking. Labor or sexual servitude. Trafficking of persons for. Victims, vacating of sentence. Petition, §17-10-21. Judge’s authority and responsibility. Generally, §17-10-1. Judge’s duty to impose, §17-9-2.
INDEX SENTENCING - Cont’d Jurisdiction. Punishment for misdemeanors of a high and aggravated nature, §17-10-4. Juvenile courts. Cases involving felonies. Previous appearance by defendant. Availability of records of dispositions of defendant and evidence, §17-10-1. Life without parole, §17-10-16. Sentencing without seeking death penalty, §17-10-16.1. Mandatory minimum term. Serious violent offenders, §17-10-6.1. Sexual offenders, §17-10-6.2. Minors. Misdemeanors committed by minors generally, §17-10-3. Person under 17 convicted of felony, §17-10-14. Sentencing certain juveniles to department of corrections, §17-10-14. Suspension of sentences. Condition on acquiring high school education or equivalent, §17-10-1. Misdemeanor cases. Generally, §17-10-3. Misdemeanors of a high and aggravated nature, §17-10-4. Mitigation of sentence. Death penalty. Consideration of mitigating circumstances, §17-10-30. Modification. Judge’s authority, §17-10-1. Prison terms exceeding twelve years. Three-judge panel review, disposition of cases currently under review of, §17-10-6.3. No contest cases, §17-7-95. Presentence hearings. Felony cases, §17-10-2. Punishment for serious violent offenders, §17-10-6.1. Reduction of sentences. Judge’s authority, §17-10-1. Prison terms exceeding twelve years. Three-judge panel review, disposition of cases currently under review, §17-10-6.3. Serious violent offenders, restrictions, §17-10-6.1.
SENTENCING - Cont’d Repeat offenders. Felons, §17-10-7. Review of prison terms exceeding twelve years. Disposition of cases currently under review of three-judge panel, §17-10-6.3. Serious violent felony. Defined, §17-10-6.1. Serious violent offenders, §17-10-6.1. Sexual offenders. Split sentence, mandatory minimum, additional probated sentence, §17-10-6.2. Split sentence. Defined, §17-10-1.4. Serious violent offenders. Mandatory minimum, additional probated sentence, §17-10-6.1. Sexual offenders. Mandatory minimum, additional probated sentence, §17-10-6.2. Supervision post-incarceration. Community supervision department role, §17-10-1.4. Suspension of sentences. Abandonment of dependent child. Payment of child support as condition of suspension, §17-10-1. Conditions, §17-10-1. Judge’s authority. Generally, §17-10-1. Minor without high school education or equivalent, §17-10-1. Restitution as condition, §17-14-3. Traffic offender cases, §17-10-3. Time from which sentence runs, §17-10-9. Trafficking of persons for labor or sexual servitude. Victims, vacating of sentence. Petition, §17-10-21. Traffic offenders, §17-10-3. Vacating of sentence. Trafficking victims, petition for vacation, §17-10-21. Victim impact statements, §§17-10-1.1, 17-10-1.2. Waiver of fines on determination of significant financial hardship, §17-10-1. Weekend confinements, §17-10-3. Work release. Serious violent offenders, restrictions, §17-10-6.1.
INDEX SERIAL KILLERS. Son of Sam law generally, §§17-14-30 to 17-14-32. SERIOUS VIOLENT OFFENDERS. Punishment generally, §17-10-6.1. Serious violent offense defined, §17-10-6.1. Competency to stand trial, §17-7-130. SERVICE OF PROCESS. Accusations. Against corporations. Notice of filing, §17-7-92. Arraignments, §17-7-91. Bench warrants, §17-7-90. Corporations. Indictments, special presentments or accusations. Notice of filing, §17-7-92. Criminal pleadings, motions and other papers, §17-1-1. Extradited persons. Persons brought into Georgia. Immunity from service as to civil actions based on facts in criminal charge, §17-13-45. Immunity. Extradited persons. Persons brought into Georgia. Immunity from service as to civil actions based on facts in criminal charge, §17-13-45. Indictments against corporations. Notice of filing, §17-7-92. Special presentments. Against corporations. Notice of filing, §17-7-92.
SEX DISCRIMINATION - Cont’d Criminal law and procedure. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. Hate crimes. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. SEX OFFENDERS. Registration. Probation supervision, duration, §17-10-1. SEX SLAVES. Trafficking of persons for labor or sexual servitude. Prosecution of offense. Time where victim under sixteen years of age, §17-3-2.1. Victims, vacating of sentence. Petition, §17-10-21. SEXUAL ASSAULT. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Protocol. Definitions, §17-5-70. Investigating sexual assault, §§17-5-70 to 17-5-73.
SETTING ASIDE. Effect of perjury in criminal actions, §17-1-4.
SEXUAL ASSAULT PROTOCOL. Definitions, §17-5-70. Failure of crime victim to cooperate, §17-5-71. Investigating sexual assault, §§17-5-70 to 17-5-73. Polygraph examinations or other truth-telling devices. Victim’s right to refuse request, §17-5-73. Preservation of evidence, §17-5-71. Right to free forensic medical examination, §17-5-72. Sexual offenses. DNA analysis. Preservation of evidence, §17-5-71.
SEX DISCRIMINATION. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17.
SEXUAL BATTERY. Aggravated sexual battery. Bail and recognizance. Unsecured judicial release, offenses not eligible for, §17-6-12.
SETOFFS. Restitution. Prior total or partial restitution made to victim, §17-14-6. Restitution payments against judgments in civil actions, §17-14-11.
INDEX SEXUAL BATTERY - Cont’d Child witnesses. Presence of accused, testimony outside of, §17-8-55. Sexual assault protocol. Investigating sexual assault, §§17-5-70 to 17-5-73. SEXUAL INTERCOURSE. Incest. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Prosecution of offense. Time where victim under sixteen years of age, §17-3-2.1. SEXUAL OFFENSES. Bail and recognizance, §17-6-1. Battery. Sexual battery. Aggravated sexual battery. Bail and recognizance. Unsecured judicial release, offenses not eligible for, §17-6-12. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Enticing child for indecent purposes. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Incest. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Information for victims of rape or sodomy, §§17-18-1, 17-18-2. Minors. Enticing child for indecent purposes. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Sodomy. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Statutory rape. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Time of prosecution for certain offenses where victim under sixteen years of age, §17-3-2.1.
SEXUAL OFFENSES - Cont’d Sentencing. Split sentence for sexual offenders. Mandatory minimum, additional probated sentence, §17-10-6.2. Sexual assault. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Investigating sexual assault, §§17-5-70 to 17-5-73. Split sentence for sexual offenders. Mandatory minimum, additional probated sentence, §17-10-6.2. Trafficking of persons for labor or sexual servitude. Compensation through federal government. Notification to victim, §17-17-6. Prosecution of offense. Time where victim under sixteen years of age, §17-3-2.1. Victims, vacating of sentence. Petition, §17-10-21. Trial. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Exclusion of persons from courtroom when person under age of 16 testifies, §17-8-54. Victims of crime. Information for rape or sodomy victims, §§17-18-1, 17-18-2. SEXUAL ORIENTATION. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. Hate crimes. Bias crime reports, §17-4-20.2. Sentence enhancements for crimes involving bias, prejudice, hate, §17-10-17. SHERIFFS. Bias crime reports. Submission to GBI, §17-4-20.2. Children in detention pending trial. List provided chief judges and prosecuting attorneys. Responsibility of official in charge facility in which child detained, §17-7-3.
INDEX SHERIFFS - Cont’d Deputies. Cash bonds for violations of various laws. Acceptance of bonds, §17-6-5. Death row inmates. Conveyance to appropriate state correctional institution prior to execution, §17-10-33. Fugitives from justice. Execution of warrants for arrest, §17-13-5. Recognizance bonds for military personnel. Terms and conditions, §17-6-3. Discovery in criminal cases. Work location and phone number of law enforcement witnesses, §17-16-8. Personal property in custody of law enforcement agency. Property subject of crime or abandoned. Return to owner, sale, retention or other disposition, §17-5-54. Return of property to owner. Custody of property subject of crime or abandoned, §17-5-54. Sale of personal property. Custody of property subject of crime or abandoned, §17-5-54. Sexual assaults. Investigating sexual assault, §§17-5-70 to 17-5-73. SHOPLIFTING. Arrest by citation, §17-4-23. Trial upon accusations, §17-7-70.1. SHOW CAUSE ORDERS. Bail and recognizance. Good behavior bonds, issuance, §17-6-90. SHOWUPS. Identification procedures for lineups and showups, §§17-20-1 to 17-20-3. SILENCE. Arraignments. Recordation and effect of accused’s silence, §17-7-94. SIMPLE ASSAULT. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
SIMPLE BATTERY. Child witnesses. Presence of accused, testimony outside of, §17-8-55. SLAVERY. Trafficking of persons for labor or sexual servitude. Prosecution of offense. Time where victim under sixteen years of age, §17-3-2.1. Victims, vacating of sentence. Petition, §17-10-21. SODOMY. Aggravated child molestation. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Aggravated sodomy. Bail and recognizance. Appeal bonds, §17-6-1. Unsecured judicial release, offenses not eligible for, §17-6-12. Where offense bailable, §17-6-1. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Time of prosecution where victim under sixteen years of age, §17-3-2.1. Bail and recognizance. Aggravated sodomy. Where offense bailable, §17-6-1. Child witnesses. Presence of accused, testimony outside of, §17-8-55. DNA testing. Aggravated sodomy. Preservation of evidence, §17-5-71. Information for victims, §§17-18-1, Medical examinations. Sexual assault protocol. Right to free forensic medical examination, §17-5-72. Minors. Aggravated child molestation. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Time of prosecution of offense where victim under sixteen years of age, §17-3-2.1. Sexual assault protocol. Investigating sexual assault, §§17-5-70 to 17-5-73.
INDEX SODOMY - Cont’d Time of prosecution. Where victim under sixteen years of age, §17-3-2.1. Trafficking of persons for labor or sexual servitude. Prosecution of offense. Time where victim under sixteen years of age, §17-3-2.1. Victims, vacating of sentence. Petition, §17-10-21.
SPEEDY TRIAL - Cont’d Reversal of case on appeal. New demand required, §17-7-170. Time for trial when demand filed, §17-7-170. Capital cases, §17-7-171. SPLIT SENTENCE. Defined, §17-10-1.4. Serious violent offenders. Mandatory minimum, additional probated sentence, §17-10-6.1. Sexual offenders. Mandatory minimum, additional probated sentence, §17-10-6.2. Supervision post-incarceration. Community supervision department role, §17-10-1.4.
SOLICITING ACT OF PROSTITUTION. Pandering by compulsion. Child witnesses. Presence of accused, testimony outside of, §17-8-55. SON OF SAM LAW, §§17-14-30 to SPECIAL PRESENTMENTS. Against corporations, §17-7-92. Presentation to jury, §17-8-2. Prosecutions upon, §17-7-51. SPEEDY TRIAL. Capital cases. Demand for, filing, §17-7-171. Discharge for lack of timely prosecution, §17-7-171. Time for trial when demand filed, §17-7-171. Competency of defendant proceedings. Period of time not included in determining if demand satisfied, §§17-7-170, 17-7-171. Demand for, filing, §17-7-170. Capital cases, §17-7-171. Expiration of demand, §17-7-170. Lack of prosecution after demand made for trial. Discharge and acquittal of accused, §17-7-170. Capital cases and cases in which death penalty is sought, §17-7-171. Mistrial of case in which demand filed. Time for trial, §17-7-170. Party, leading attorney or material witness on active duty with national guard or armed forces. Continuance granted, tolling of demand, §17-8-31.
SPORTS OFFICIALS. Amateur sporting events. Battery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. SPOUSAL SODOMY. Child witnesses. Presence of accused, testimony outside of, §17-8-55. STALKING. Aggravated stalking. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Bail and recognizance. Where offenses bailable. Aggravated stalking, §17-6-1. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Offense of violating family violence order. Child witnesses. Presence of accused, testimony outside of, §17-8-55. STATE AUDITOR. Extradition. Payment of expenses on warrant of state auditor, §17-13-44.
INDEX STATE COURTS OF COUNTIES. Children in detention pending trial. List provided chief judge. Responsibility of official in charge facility in which child detained, §17-7-3. Judges. Arrest warrants. Issuance, §17-4-40. STATE DEPARTMENTS AND AGENCIES. Public defender council, §§17-12-1 to Public defender standards council, §§17-12-1 to 17-12-12.1. STATE PATROL. Discovery in criminal cases. Work location and phone number of police witnesses, §17-16-8. STATISTICS. Family violence. Publication, §17-4-20.1. STATUTE OF LIMITATIONS. Criminal prosecutions. Excluded periods, §17-3-2. Extension of periods, §17-3-3. Generally, §17-3-1. Sexual offenses involving minors. Where victim under sixteen years of age, §17-3-2.1. Victim 65 or older, §17-3-2.2. Cruelty to children. Time of prosecution of offense where victim under sixteen years of age, §17-3-2.1. Death penalty cases, §17-3-1. Felonies, §17-3-1. Misdemeanors, §17-3-1. Rape, §17-3-1. Statutory rape. Prosecution where victim under sixteen years of age, §17-3-2.1. Restitution. Fraudulent transfers. Action to set aside, §17-14-17. Sexual offenses. Time of prosecution where victim under sixteen years of age, §17-3-2.1. Sodomy. Prosecution of offense where victim under sixteen years of age, §17-3-2.1.
STATUTE OF LIMITATIONS - Cont’d Statutory rape. Prosecution where victim under sixteen years of age, §17-3-2.1. Trusts and trustees. Conversion of property. Criminal prosecutions. Excluded periods, §17-3-2. Victims of crimes. Compensation. Claims. Time to file, §17-15-5. STATUTORY RAPE. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Prosecution of offense. Time where victim under sixteen years of age, §17-3-2.1. STAYS. General assembly members or staff. General assembly in session, presence elsewhere required by general assembly duties. Criminal trials, §17-8-26. STEPCHILDREN. Family violence. Battery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Stepdaughters. Incest. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Stepsons. Incest. Child witnesses. Presence of accused, testimony outside of, §17-8-55. STEPPARENTS. Assault committed between stepparents and stepchildren, punishment. Simple assault. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Battery. Simple battery between parent and child, punishment. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
INDEX SUPERIOR COURTS. Children in detention pending trial. List provided chief judge. Responsibility of official in charge of facility in which child detained, §17-7-3. Clerks of court. Capital felony expenses. Maintenance of records by clerks, §17-11-24. Judges. Arrest warrants. Issuance, §17-4-40. Bail authority. Delegation, §17-6-1. Preliminary commitment hearings. Persons who may hold, §17-7-20. Jurisdiction. Bailable offenses, §17-6-1. Fugitives from justice. Trials of inmates, §17-8-50.
STEPPARENTS - Cont’d Family violence battery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. STREET GANGS. Bail and pretrial release. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. Probable cause showing pattern of criminal gang activity, §17-6-1. Criminal gang activity defined. Unlawful participation in street gang activity. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Participation in criminal gang activity. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
SUPERSEDEAS. Appeal bonds, §17-6-1.
SUA SPONTE. Vulgar evidence. Closed trial, §17-8-53. SUBPOENAS. Commitment hearings. Compelling attendance, power of court, §17-7-25. Criminal proceedings. Commitment hearings. Compelling attendance, power of court, §17-7-25. Defense witnesses, §17-7-191. Grand jury or trial proceedings, §§17-7-190 to 17-7-192. Subpoenaing upon change of venue, §17-7-151. Grand jury. Material witnesses for state, §17-7-190. SUBROGATION. Crime victims’ compensation. Rights of state, §17-15-12. Victim compensation payments. Rights of state, §17-15-12. SUMMONS AND PROCESS. Legislators exemption, §17-8-28. Litter offenses. Trial upon summons with or without accusation, §17-7-73.
SUPPRESSION OF EVIDENCE. Searches and seizures. Documentary evidence. Illegally obtained evidence, §17-5-32. Motion to suppress, §17-5-30. Technical irregularity not affecting substantial rights of accused. No suppression, §17-5-31. SUPREME COURT. Assistant to court. Death penalty. Review of death sentences, §17-10-37. Death penalty. Appeals to supreme court. Assistant to court. Review of death sentences, §17-10-37. Felony cases. Preparation of transcript by court reporter. Petition to chief justice for additional period of time, §17-8-5. Justices. Chief justice. Felony case transcript preparation. Petition by court reporter for additional period of time, §17-8-5.
INDEX SUPREME COURT - Cont’d Transcript from court below. Felony cases. Petition by court reporter for additional time for preparation, §17-8-5. SURETIES. Criminal bonds, §§17-6-30 to 17-6-55. T TEACHERS. Arrest warrant issuance for arrest of teacher. Alleged offense committed in performance of duties, §17-4-40. Battery against teacher. Child witnesses. Presence of accused, testimony outside of, §17-8-55. TENDER OF PAYMENT. Bail and recognizance. Commitment of arrestee. Commitment hearings. Tender of bail after waiver of hearing. Entry of memorandum on warrant, §17-6-16. THEFT. Appropriating property of another. Trial upon accusations, §17-7-70.1. By conversion. Limitation on prosecutions. Excluded periods, §17-3-2. By shoplifting. Arrest by citation, §17-4-23. Trial upon accusations, §17-7-70.1. By taking. Trial upon accusations, §17-7-70.1. Controlled substances. Taking from pharmacy in course of committing armed robbery. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Credit card theft. Trial upon accusations, §17-7-70.1. Financial transaction cards. Trial upon accusations, §17-7-70.1. Limitation on prosecutions. Conversion of property. Excluded periods, §17-3-2. Refund fraud. Arrest by citation, §17-4-23.
THEFT - Cont’d Shoplifting. Arrest by citation, §17-4-23. Trial upon accusations, §17-7-70.1. Taking property of another. Trial upon accusations, §17-7-70.1. Trial upon accusations, §17-7-70.1. THIRD-YEAR LAW STUDENTS. Legal defense of indigent defendants. Third-year law students and staff instructors assisting, §§17-12-40 to 17-12-45. TICKETS. Refunds. Fraudulent attempts to obtain. Refund fraud generally. Arrest by citation, §17-4-23. TIME. Probation supervision. Termination, §17-10-1. Sentencing. Time from which sentence to run. Effect of appeal, §17-10-9. Specification by judge imposing sentence, §17-10-9. TORTURE. Death penalty. Imposition. Aggravating circumstances, §17-10-30. TRAFFICKING. Cocaine. Bail and recognizance. Appeal bonds, §17-6-1. Where offense bailable, §17-6-1. Labor or sexual servitude. Trafficking of persons for. Compensation through federal government. Notification to victim, §17-17-6. Prosecution of offense. Time where victim under sixteen years of age, §17-3-2.1. Victims, vacating of sentence. Petition, §17-10-21. Marijuana. Bail and recognizance. Appeal bonds, §17-6-1. TRAFFIC LAWS. Accusations in misdemeanor cases, §17-7-71. Arrest for violations, §17-4-23.
INDEX TRAFFIC LAWS - Cont’d Bonds for violations. Cash bonds, §§17-6-5 to 17-6-8. Failure to appear. Admission of guilt and forfeiture of bond, §17-6-8. Display of driver’s license in lieu of bail, recognizance or incarceration, §17-6-11. Cash bonds for violations, §§17-6-5 to Failure to appear after giving bond. Admission of guilt, §17-6-8. Failure to appear after giving cash bond, §17-6-8. Fleeing or attempting to elude officer while using motor vehicle. Habitual violator. Trial upon accusations, §17-7-70.1. Habitual violators. Trial upon accusations, §17-7-70.1. Homicide by vehicle. Bail or other release from custody, §17-6-1. Habitual violators. Trial upon accusations, §17-7-70.1. Infractions. Sentencing offenders, §17-10-3. Racing on highways or streets. Habitual violators. Trial upon accusations, §17-7-70.1. Sentencing offenders, §17-10-3. Vehicular homicide. Bail or other release from custody, §17-6-1. Habitual violators. Trial upon accusations, §17-7-70.1. TRANSCRIPTS. Death penalty cases. Testimony, §17-8-5. Felony cases. Testimony, §17-8-5. TREASON. Bail and recognizance. Where offense bailable, §17-6-1. Death penalty. Imposition authorized, §17-10-30. TRESPASS. Criminal trespass. Arrest by citation, §17-4-23. Property. Criminal trespass. Arrest by citation, §17-4-23.
TRIAL. Closing arguments. Criminal cases, §§17-8-71 to 17-8-74. Criminal trials. General provisions, §§17-8-1 to Fugitives, §17-8-50. Speedy trial. Capital cases. Demand, filing, §17-7-171. Discharge for lack of timely prosecution, §17-7-171. Time for trial when demand filed, §17-7-171. Competency of defendant proceedings. Period of time not included in determining if demand satisfied, §§17-7-170, 17-7-171. Demand for, filing, §17-7-170. Expiration of demand, §17-7-170. Lack of prosecution after demand for trial. Discharge and acquittal of accused, §17-7-170. Capital cases, §17-7-171. Mistrial. Time of trial, §17-7-170. Party, leading attorney or material witness on active duty with national guard or armed forces. Continuance granted, tolling of demand, §17-8-31. Reversal of case. New demand required, §17-7-170. Time for trial when demand filed, §17-7-170. Capital cases, §17-7-171. TRUSTS AND TRUSTEES. Conversion of property. Limitation on prosecutions. Excluded periods, §17-3-2. Limitation of action. Conversion of property. Criminal prosecutions. Excluded periods, §17-3-2. U UNCLAIMED PROPERTY. Evidence. Custody, storage and disposal, §17-5-55.
INDEX UNCLAIMED PROPERTY - Cont’d Police or other law enforcement. Personal property subject of crime or abandoned in custody of agency. Sale, retention, return to owner or other disposition, §17-5-54.
VANS - Cont’d Battery in public transit vehicle or station. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
UNDERAGE DRINKING. Arrest by citation, §17-4-23. Trial upon summons or citation without accusation, §17-7-72.
VEHICULAR HOMICIDE. Bail or other release from custody, §17-6-1. Habitual violators. Trial upon accusations, §17-7-70.1.
UNIFORM CRIMINAL EXTRADITION ACT. General provisions, §§17-13-20 to Short title, §17-13-20.
VANDALISM AND DAMAGING PROPERTY. Graffiti. Compensation for criminally inflicted property, §§17-15A-1 to 17-15A-4. Graffiti defined, §17-15A-2. Legislative authority for enacting provisions, §17-15A-1. Legislative findings, §17-15A-3. Removal of graffiti by inmates, §17-15A-4.
VENUE. Change of venue. Criminal proceedings, §§17-7-150 to Costs and expenses, §17-11-5. Defendant arrested, held or present in county other than that in which indictment or accusation is pending, §17-2-4. Issuance of subpoenas, §17-7-151. Procedures, §17-7-150. Subsequent change, §17-7-152. Transfer of evidence, list of witnesses and papers, §17-7-151. Criminal proceedings, §§17-2-2, Change of venue, §§17-7-150 to Costs and expenses, §17-11-5. Defendant arrested, held or present in county other than that in which indictment or accusation is pending, §17-2-4. Issuance of subpoenas to witnesses, §17-7-151. Procedures, §17-7-150. Subsequent changes, §17-7-152. Transfer of evidence, list of witness and papers, §17-7-151. Defendant arrested, held or present in county other than that in which indictment or accusation is pending, §17-2-4.
VANS. Assault in public transit vehicle or station. Simple assault. Child witnesses. Presence of accused, testimony outside of, §17-8-55.
VERDICTS. Criminal proceedings. Acquittal of accused. Directed verdict, §17-9-1. Action by juror on private knowledge as to facts, witnesses, etc., §17-9-20.
UNIFORMS. Bail recovery agents. Restrictions on wearing of uniforms, §17-6-58. UNIVERSITY SYSTEM OF GEORGIA. Board of regents. Continuances in criminal trials. Grounds for granting. Party or parties’ counsel in attendance at meeting of board of regents, §17-8-29. V VACATION OF COURT ORDERS. Perjury, §17-1-4.
INDEX VERDICTS - Cont’d Criminal proceedings - Cont’d Amendment of verdict after dispersion of jury, §17-9-40. Construction, §17-9-2. Death penalty, §17-10-30. Jury instructions, §17-10-31. Jury not recommending mercy, §17-9-3. Requirement of jury finding of aggravating circumstance and recommendation of death penalty, §17-10-31. Directed verdict, §17-9-1. Duty to impose verdict, §17-9-2. Guilty verdicts. Recommendations for mercy in capital cases, §17-9-3. Effect of no recommendation for mercy, §17-9-3. Where defendant under age of 17 at time of commission of offense, §17-9-3. Judge’s expression of approval or disapproval of verdict, §17-9-22. Commending or complimenting of jury, §17-9-23. Life without parole. Jury instructions, §17-10-31. Perjury. Vacation, §17-1-4. Province of jury, §17-9-2. Receipt of verdict, §17-9-21. Death penalty, §17-10-30. Jury instructions, §17-10-31. Requirement of jury finding of aggravating circumstance, §17-10-31. Where jury does not recommend mercy in verdict, §17-9-3. Directed verdict. Acquittal of accused, §17-9-1. Interpretation. Criminal proceedings, §17-9-2. Judge’s approval or disapproval. Criminal proceedings, §17-9-22. Commending or complimenting of jury by judge, §17-9-23. Life without parole. Jury instructions, §17-10-31. Perjury in criminal action. Vacation, §17-1-4. VERIFICATION. Crime victims. Compensation claims, §17-15-5.
VETERANS COURT DIVISIONS. Public defenders. Circuit public defender. Compensation. Accountability court salary supplement, §§17-12-25, VICTIMS OF CRIMES. AIDS transmitting crimes. HIV test of person arrested or convicted, report of results, §17-10-15. Aliens. Illegal aliens status. Victim’s immigration status not investigated, §17-5-100. Appeals. Rights of victims. Failure to provide rights not to constitute basis for error, §17-17-15. Notification of accused’s motion for appeal, §17-17-12. Retention of rights on appeal, §17-17-12. Arrest. Rights of victims. Notification of accused’s arrest, §17-17-7. Bail and recognizance. Rights of victims. Notification of accused’s release on bail or recognizance, §17-17-12. Compensation, §§17-15-1 to 17-15-16. Acceptance of award. Effect, §17-15-12. Amount of award, §17-15-8. Claims. Contents, §17-15-5. False claims, §17-15-11. Filing, §17-15-5. Rejection, §17-15-8. Report of decision to claimant, §17-15-6. Time to file, §17-15-5. Verification, §17-15-5. Conviction of victim for felony involving criminally injurious conduct. Ineligible for award, §17-15-7. Criminally responsible for crime upon which claim based. Ineligible for compensation, exception, §17-15-7.
INDEX VICTIMS OF CRIMES - Cont’d Compensation - Cont’d Criminally responsible person. Ineligible for compensation, §17-15-7. Definitions, §17-15-2. Effect of date for award, §17-15-8. Eligibility, §17-15-7. Exemption from garnishment, execution and treatment as ordinary income, §17-15-8. False claims, §17-15-11. Findings required, §17-15-8. Forensic interviews. Costs, §17-15-16. Grounds for reimbursement, §17-15-16. Forensic medical examination. Defined, §17-15-2. Responsibility for costs, §17-15-15. Funding to victim service providers for disseminating information, §17-15-14. Georgia crime victims compensation board. Appointment of members, §17-15-3. Created, §17-15-3. Criminal justice coordinating council. Service as board, §17-15-3. Criminal justice coordinating council director. Appointment by governor, §17-15-3. Duties generally, §17-15-4. Expenses, §17-15-3. Powers generally, §17-15-4. Restitution. Reduction of award from board by amount of restitution, §17-14-6. Review of director’s decision, §17-15-6. Georgia crime victims emergency fund. Administration, §17-15-9. Appropriations, §17-15-9. Compensation payments to be made into fund, §17-15-13. Created, §17-15-9. Insufficiency of fund to pay compensation, §17-15-10. Payments authorized, §17-15-9. Payments to and by fund, §17-14-18. Injury suffered by victim while confined in correctional facility. Ineligible for award, §17-15-7.
VICTIMS OF CRIMES - Cont’d Compensation - Cont’d Intent of legislature, §17-15-1. Interviews. Forensic interviews, §17-15-16. Investigation of claims, §17-15-6. Legislative intent, §17-15-1. Mandatory reporting requirement. Delay in reporting, §17-15-8. Memorial sign erected on state highway. Deceased victim of homicide caused by violation of drunk driving statute. Award to eligible claimant, §17-15-8. Payment. Authorized from Georgia crime victims emergency fund, §17-15-9. Insufficiency of fund to pay compensation, §17-15-10. Subrogation rights of state, §17-15-12. Persons eligible, §17-15-7. Property loss. Award not made for, §17-15-7. Psychological counseling. Expenses, §17-15-8. Reductions, §17-15-8. Rights of victims. Defined, §17-17-3. Notification of availability of victims’ compensation, §17-17-6. Son of Sam law, §§17-14-30 to Victim trafficked for labor or sexual servitude. Compensation through federal government, notification, §17-17-6. Crime victims’ bill of rights, §§17-17-1 to 17-17-16. Address of victim. Victim required to provide current address to notifying parties, §17-17-14. Appeals. Failure to provide rights not to constitute basis for error, §17-17-15. Notification of accused’s motion for appeal, §17-17-12. Retention of victims’ rights on appeal, §17-17-12.
INDEX VICTIMS OF CRIMES - Cont’d Crime victims’ bill of rights - Cont’d Attendance at criminal proceedings, §17-17-9. Behavioral health and developmental disabilities department. Notification from department to victim, §17-17-5.1. Blocking of communications from offender, §17-17-12.1. Citation of provisions, §17-17-2. Communications with victim assistance personnel privileged, §17-17-9.1. Compensation. Defined, §17-17-3. Notification of availability of victims’ compensation, §17-17-6. Criminal justice coordinating council. Designated as coordinating agency, §17-17-6. Current address of victim. Requirement by court that defense counsel not disclose victim information to accused, §17-17-10. Damages, §17-17-15. Death sentence. Commutation, notice to victim of hearing on request, §17-17-13. Defense counsel. Requirement by court that defense counsel not disclose victim information to accused, §17-17-10. Definitions, §17-17-3. Disabled victim. Designation of family member to act in place of, §17-17-4. Effect of provisions, §17-17-15. Enumeration of rights, §17-17-1. Exclusion of victim from criminal proceedings, §17-17-9. Harassment of victim or witness. Temporary restraining orders or protective orders, §17-17-16. Information concerning victim. Disclosure to accused. Requirement by court that defense counsel not disclose, §17-17-10. Interview with accused or attorney or agent of accused. Rights regarding, including right to refuse, §17-17-8.1.
VICTIMS OF CRIMES - Cont’d Crime victims’ bill of rights - Cont’d Legislative declaration, §17-17-1. New trial. Notification of accused’s motion for new trial, §17-17-12. Retention of victims’ rights at new trial, §17-17-12. Notification. Appellate proceedings, §17-17-12. Arrest of accused, §17-17-5. Availability of victims’ compensation and services, §17-17-6. Bail or recognizance. Release of accused on, §17-17-12. Behavioral health and developmental disabilities department, §17-17-5.1. Current address and phone number. Victim required to provide to notifying parties, §17-17-14. Death sentence, commutation. Request for commutation, notice of hearing, §17-17-13. Defined, §17-17-3. Failure to provide required notifications. Effect, §17-17-15. Legal procedures and victim’s rights in relations thereto. Prosecuting attorney to notify, §17-17-8. Motion for accused for new trial or appeal, §17-17-12. Pardon, consideration. Advance notification to victim of consideration of pardon, §17-17-13. Parole. Impending parole proceedings, §17-17-13. Pretrial release of accused, §17-17-6. Prompt advance notification of court proceedings, §17-17-8. Release from custody and any judicial proceedings at which such release considered, §§17-17-4, 17-17-7. Impending release of offender from imprisonment. Extended release (more than 60 days), advance notification to victim of consideration, §17-17-13. Pretrial release of accused, §17-17-6.
INDEX VICTIMS OF CRIMES - Cont’d Crime victims’ bill of rights - Cont’d Notification - Cont’d Restitution sought by victim. Information to be provided to prosecuting attorney, §17-17-8. When notifications required, §17-17-5. Opinion as to pending proceedings. Victim’s right to express opinion, §17-17-7. Opinion on disposition of accused’s case. Right of victim to express opinion, §17-17-11. Pardon. Consideration of pardon. Advance notification to victim of consideration of pardon, §17-17-13. Parole. Notification of impending parole proceedings, §17-17-13. Physically disabled victim. Designation of family member to act in place of, §17-17-4. Policy of state, §17-17-1. Prosecuting attorney. Defined, §17-17-3. Duties, §§17-17-5, 17-17-7, 17-17-8. Offering victim right to express opinion, §17-17-11. Protective orders. Harassment of victim or witness, §17-17-16. Release of accused. Complaint to prosecuting attorney. Right to file event of release, §17-17-7. Extended release (more than 60 days). Advance notification to victim of consideration of release, §17-17-13. Requests not to receive mail or other communications from offender, §17-17-12.1. Restitution sought by victim. Information to be provided to prosecuting attorney, §17-17-8. Separate victims’ waiting areas, §17-17-9.
VICTIMS OF CRIMES - Cont’d Crime victims’ bill of rights - Cont’d Telephone number of victim. Requirement by court that defense counsel not disclose victim information to accused, §17-17-10. Victim required to provide to notifying parties, §17-17-14. Temporary restraining orders. Harassment of victim or witness, §17-17-16. Title of provisions, §17-17-2. Victim trafficked for labor or sexual servitude. Compensation through federal government, notification, §17-17-6. Waiting areas. Separate victims’ waiting areas, §17-17-9. Waiver of rights by victim, §17-17-15. Damages. Rights of victims. Failure of responsible person to comply with notification requirements, §17-17-15. Definitions. Rights of victims, §17-17-3. Forensic medical examination. Defined, §17-15-2. Free examination, right to, §17-5-72. Responsibility for costs, §17-15-15. Harassment of victim. Temporary restraining order or protective order, §17-17-16. Human trafficking, labor or sexual servitude. Vacating of sentence. Petition for vacating of sentence, §17-10-21. Illegal alien status. Victim’s immigration status not investigated, §17-5-100. Information dissemination. Funding to service providers, §17-15-14. Rape or sodomy victims, §§17-18-1, Minors. Time of prosecution of offense involving a victim under sixteen years of age, §17-3-2.1. New trial. Rights of victims. Notification of accused’s motion for new trial, §17-17-12.
INDEX VICTIMS OF CRIMES - Cont’d New trial - Cont’d Rights of victims - Cont’d Retention of rights at new trial, §17-17-12. Pardons and paroles. Rights of victims. Notification of impending parole proceedings, §17-17-13. Profits of accused. Derived from entertainment media. Distribution to victims or representatives, §§17-14-30 to Contracts regarding reenactment, §17-14-31. Definitions, §17-14-30. Violations of article, §17-14-32. Protective orders. Harassment of victim, §17-17-16. Psychological counseling. Relatives of deceased, §17-15-8. Rape victims. Polygraph examinations or other truth-telling devices. Victim’s right to refuse request, §17-5-73. Preservation of evidence. Failure of victim to cooperate, §17-5-71. Right to free forensic medical examination, §17-5-72. Written statements of information for victims, §§17-18-1, 17-18-2. Rights of victims. Crime victims’ bill of rights, §§17-17-1 to 17-17-16. Sentencing proceedings. Victim impact statements, §§17-10-1.1, Service providers. Funding for disseminating information, §17-15-14. Sexual offenses. Polygraph examinations or other truth-telling devices. Victim’s right to refuse request, §17-5-73. Preservation of evidence. Failure of victim to cooperate, §17-5-71. Right to free forensic medical examination, §17-5-72. Sodomy victims. Written statements of information for victims, §§17-18-1, 17-18-2.
VICTIMS OF CRIMES - Cont’d Son of Sam law, §§17-14-30 to Contract regarding reenactment of crime. Payments to victims, §17-14-31. Violations of article, §17-14-32. Definitions, §17-14-30. Temporary restraining orders. Harassment of victim, §17-17-16. Victim trafficked for labor or sexual servitude. Compensation through federal government, notification, §17-17-6. VIDEO CONFERENCE. Arrest warrants, issuance by, §17-4-47. Search warrants, issuance by, §17-5-21.1. VIOLENT OFFENSE. Defined. Competency to stand trial, §17-7-130. VOIDABLE TRANSACTIONS. Actions. Restitution. Action to set aside deceptive transfers under voidable transactions act, §17-14-17. Restitution. Action to set aside deceptive transfers under voidable transactions act, §17-14-17. VULNERABLE ADULT ABUSE. Arrests. Law enforcement officers, §17-4-20. W WAGES. Assignments. Restitution, §17-14-14. Restitution. Wage assignments, §17-14-14. WAIVER. Crime victims’ bill of rights. Waiver of rights by victim, §17-17-15. Victims of crimes. Waiver by rights, §17-17-15. WARRANTS. Bench warrants, §17-7-90. Bail and recognizance. Failure of principal to appear. Issuance of warrant and forfeiture of bond, §17-6-71.
INDEX WARRANTS - Cont’d Motor vehicles. Issuance for failure of persons charged to appear in court, §17-4-23. Searches without warrants, §§17-5-1, Search warrants, §§17-5-20 to 17-5-32. WEAPONS. Bail restricted offense. Unsecured judicial release, offenses not eligible for. Certain firearms offenses, §17-6-12. Carrying weapons. Forfeiture. Civil forfeitures, §§17-5-51, 17-5-52. Disposition of weapon used in commission of crime, §17-5-52. Concealed weapons. Carrying weapons generally. Forfeitures. Civil forfeitures, §§17-5-51, Disposition of weapon used in commission of crime, §17-5-52. Forfeiture. Civil forfeitures, §§17-5-51, 17-5-52. Disposition of weapon used in commission of crime, §17-5-52. Contraband. Used in commission of crime or illegally concealed, §17-5-51. Evidence. Custody, storage and disposal of dangerous contraband, §17-5-55. Firearms. Bail restricted offense. Unsecured judicial release, offenses not eligible for. Certain firearms offenses, §17-6-12. Forfeitures. When used in commission of crime or illegally concealed. Civil forfeitures, §§17-5-51, 17-5-52. Disposition of weapon, §17-5-52. Possession constitutes crime or delinquent act. Disposition of weapon, §17-5-52. Forfeitures. Civil forfeitures, §§17-5-51, 17-5-52. Seized weapons. Disposition, §17-5-52. WEEKEND SENTENCES. Confinements. Misdemeanors generally, §§17-10-3,
WEEKEND SENTENCES - Cont’d Prison terms, §17-10-3. Weekends or nonworking hours of defendant, §17-10-3.1. WILDLIFE. Law enforcement agencies. Disposition of property in custody of agency, §17-5-54. WITNESSES. Attendance at proceedings. Absence of witness. Continuance of trial. Criminal proceedings, §17-8-25. Preliminary commitment hearings, §§17-7-25 to 17-7-27. Bonds, surety. Preliminary commitment hearings. Securing appearance of witnesses, §§17-7-26, 17-7-27. Child witness. Criminal cases. Physical presence of accused, testimony outside of, §17-8-55. Sex offense cases. Exclusion of persons from courtroom when person under age of 16 testifies, §17-8-54. Presence of accused, testimony outside of, §17-8-55. Commitment hearings. Accused, §17-7-28. Criminal proceedings. Absence of witness. Grounds for granting of continuance, §17-8-25. Accused’s witnesses. Subpoenaing, §§17-7-191, 17-7-192. Accused wishing to testify. Commitment hearings, §17-7-28. Aliens. Illegal alien status. Witness’ immigration status not investigated, §17-5-100. Child witnesses. Physical presence of accused, testimony outside of, §17-8-55. Sex offense cases. Exclusion of persons from courtroom when person under age of 16 testifies, §17-8-54. Codefendants. Right to testify for or against one another, §17-8-4. Commitment hearing. Bonds to secure appearance, §§17-7-26, 17-7-27.
INDEX WITNESSES - Cont’d Criminal proceedings - Cont’d Commitment hearing - Cont’d Compelling attendance, power of court, §17-7-25. Indorsement of names of state’s witnesses on warrant, §17-7-31. Power of court to compel attendance, §17-7-25. Costs. Defendant’s liability, §17-11-2. Crime of mutiny. Testimony of inmates in trials for, §17-8-51. Death penalty cases. Transcripts of cases, §17-8-5. Discovery. Felonies. Alibi witnesses, §17-16-5. Defendant as witness, §17-16-1. List of witnesses, §17-16-3. Lists of names and information concerning witnesses, §17-16-8. Statements of witnesses, §17-16-7. Who may be called as witness, §17-16-10. Misdemeanors. List of witnesses, §17-16-21. Escapees from correctional institutions. Testimony of other inmates at trial of, §17-8-50. Failure of accused to testify. No presumption, no comment. Commitment hearings, §17-7-28. Felony cases. Recordation of testimony, §17-8-5. Harassment. Temporary restraining orders or protective orders, §17-17-16. Illegal alien status. Witness’ immigration status not investigated, §17-5-100. Material witnesses for state before grand jury. Subpoena, list of witnesses subpoenaed furnished prosecution, §17-7-190. Oath to be administered, §17-8-52. Protective orders. Harassment of victim or witness, §17-17-16. Securing attendance at grand jury or trial proceedings, §§17-7-190 to
WITNESSES - Cont’d Criminal proceedings - Cont’d Sex offense cases. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Exclusion of persons from courtroom when person under age of 16 testifies, §17-8-54. Subpoenas. Change of venue, §17-7-151. Grand jury or trial proceedings, §§17-7-190 to 17-7-192. Temporary restraining orders. Harassment of victim or witness, §17-17-16. Death penalty. Persons required to be present at executions, §17-10-41. Expert witnesses. Accused’s sanity at time of offense, §17-7-130.1. Grand jury. Law enforcement officers. Indictment or special presentment of peace officer for crime in performance of duties. Right of officer to testify, §17-7-52. Securing attendance at proceedings, §§17-7-190 to 17-7-192. Harassment of victim or witness in criminal case. Temporary restraining or protective orders, §17-17-16. Law enforcement officers. Discovery in criminal cases. Work location and phone number of officer, §17-16-8. Minors. Criminal cases. Presence of accused, testimony outside of, §17-8-55. Sex offense cases. Broadcasting testimony of child 14 years old or younger in certain cases, §17-8-55. Exclusion of persons from courtroom when person under age of 16 testifies, §17-8-54. Presence of accused, testimony outside of, §17-8-55. Oaths. Criminal trials, §17-8-52. Police. Discovery in criminal cases. Work location and phone number of police officer, §17-16-8.
INDEX WITNESSES - Cont’d Preliminary commitment hearings. Attendance, §§17-7-25 to 17-7-27. Indorsement of names of state’s witnesses on warrant, §17-7-31. Prisoners. Trials of inmates escaping from correctional institutions, §17-8-50. Trials of inmates for crime of mutiny, §17-8-51. Protective orders. Harassment of victim or witness in criminal case, §17-17-16. Self-incrimination. Privilege against. Accused. Commitment hearings, §17-7-28. Temporary restraining orders. Harassment of victim or witness in criminal case, §17-17-16. Transcript of testimony. Death penalty cases, §17-8-5. Felony cases, §17-8-5.
WORK-RELEASE PROGRAMS. Condition of probation. Participation. Defendant sentenced to probated confinement, §17-10-1. WORTHLESS CHECKS. Trial upon accusations, §17-7-70.1. WOUNDS. Bailable offenses, §17-6-1. WRONGFUL DEATH. Victims of crime. Restitution, §§17-14-1 to 17-14-19. Y YOUTH SERVICES. Sentencing. Youthful offenders, §17-10-14.
WORK PRODUCT. Crime victims’ bill of rights. Communications with victim assistance personnel privileged, §17-17-9.1.