TITLE 17 CRIMINAL PROCEDURE

Section 7. Pretrial Proceedings, 17-7-1 through 17-7-211.

ARTICLE 2 COMMITMENT HEARINGS

17-7-32. Disposition of commitment form, warrant, and other papers; delivery of accused to person in charge of jail.

1. The commitment form shall be delivered to the officer in whose charge the accused person is placed, and the officer shall deliver it with the accused person to the sheriff or the other person in charge of the jail. A memorandum of the commitment shall be entered on the warrant by the judicial officer.
2. 1. The warrant and all other papers shall be forwarded to the clerk of the court having jurisdiction over the offense for delivery to the prosecuting attorney. After such delivery, if the prosecuting attorney decides to dismiss the case prior to filing an accusation or without seeking an indictment, he or she shall file a notice of such fact with the clerk of the court having jurisdiction over the offense. Such notice shall include the warrant number, if any, and any other identifying number assigned to the case by the Georgia Crime Information Center. Within 30 days of receiving such notice, the clerk of court shall transmit a copy of such notice to the Georgia Crime Information Center.
   2. Nothing in this subsection shall prevent a prosecuting attorney who has probable cause from seeking charges against an accused within the applicable statute of limitations.

(Orig. Code 1863, § 4623; Code 1868, § 4647; Code 1873, § 4745; Code 1882, § 4745; Penal Code 1895, § 924; Penal Code 1910, § 949; Code 1933, § 27-420; Ga. L. 2016, p. 443, § 6B-1/SB 367.)

The 2016 amendment, effective July 1, 2016, designated the existing first two sentences as subsection (a); designated the existing third sentence as subsection (b); and, in subsection (b), added the paragraph (b)(1) designation, added the second through fourth sentences of paragraph (b)(1), and added paragraph (b)(2).