O.C.G.A.

O.C.G.A. § 24-13-132 (2019)

Appointment of counsel; payment of costs and expenses

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) If an accused is financially unable to employ counsel, the court shall appoint counsel as provided in Chapter 12 of Title 17, unless the accused elects to proceed without counsel.

(b) Whenever a deposition is taken at the instance of the state, the cost of any such deposition shall be paid by the state in the same manner as any other motion hearing that may appear on the criminal calendar.

(c) Depositions taken at the instance of an accused shall be paid for by the accused; provided, however, that, whenever a deposition is taken at the instance of an accused who is eligible for the appointment of counsel as provided in Chapter 12 of Title 17, the court shall direct that the reasonable expenses for the taking of the deposition and of travel and subsistence of the accused and the accused’s attorney for atten529 dance at the examination, not to exceed the limits established pursuant to Article 2 of Chapter 7 of Title 45, be paid for out of the fine and bond forfeiture fund of the county where venue is laid.

History

Code 1981, § 24-13-132, enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2015, p. 693, § 3-33/HB 233; Ga. L. 2019, p. 845, § 5-1/HB 239.

Annotations

Editor’s notes. Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or

after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure.” Law reviews. For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015). For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 1 (2019).