Section 4. Relevant Evidence and its Limits, 24-4-401 through 24-4-418.
ARTICLE 2
LEGISLATIVE FACTS; ORDINANCES OR RESOLUTIONS
24-4-418. Admissibility of criminal gang activity, disclosure.
-
In a criminal proceeding in which the accused is accused of conducting or participating in criminal gang activity in violation of Code Section 16-15-4, evidence of the accused's commission of criminal gang activity, as such term is defined in Code Section 16-15-3, shall be admissible and may be considered for its bearing on any matter to which it is relevant.
-
In a proceeding in which the prosecution intends to offer evidence under this Code section, the prosecutor shall disclose such evidence to the accused, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least ten days in advance of trial, unless the time is shortened or lengthened or pretrial notice is excused by the judge upon good cause shown.
-
This Code section shall not be the exclusive means to admit or consider evidence described in this Code section.
(Code 1981, §24-4-418, enacted by Ga. L. 2016, p. 793, § 6/HB 874.)
Effective date.
- This Code section became effective May 3, 2016.
JUDICIAL DECISIONS
No abuse of discretion in admitting evidence of alleged gang membership.
- Trial court did not abuse the court's discretion by admitting evidence of the defendant's alleged membership in a gang because the evidence of gang membership was relevant to and probative of motive based on two witnesses testifying as to the defendant's gang affiliation. Anglin v. State, 302 Ga. 333, 806 S.E.2d 573 (2017).
