2018 Georgia Code Annotated

TITLE 17 CRIMINAL PROCEDURE

Chap.

• 1. General Provisions, 17-1-1 through 17-1-4.
• 2. Jurisdiction and Venue, 17-2-1 through 17-2-4.
• 3. Limitations on Prosecution, 17-3-1 through 17-3-3.
• 4. Arrest of Persons, 17-4-1 through 17-4-62.
• 5. Searches and Seizures, 17-5-1 through 17-5-100.
• 6. Bonds and Recognizances, 17-6-1 through 17-6-114.
• 7. Pretrial Proceedings, 17-7-1 through 17-7-211.
• 8. Trial, 17-8-1 through 17-8-76.
• 9. Verdict and Judgment Generally, 17-9-1 through 17-9-63.
• 10. Sentence and Punishment, 17-10-1 through 17-10-71.
• 11. Assessment and Payment of Costs of Criminal Proceedings, 17-11-1 through 17-11-24.
• 12. Legal Defense For Indigents, 17-12-1 through 17-12-128.
• 13. Criminal Extradition, 17-13-1 through 17-13-49.
• 14. Restitution and Distribution of Profits to Victims of Crimes, 17-14-1 through 17-14-32.
• 15. Victim Compensation, 17-15-1 through 17-15-16.
• 15A. Compensation for Criminally Inflicted Property Damage, 17-15A-1 through 17-15A-4.
• 16. Discovery, 17-16-1 through 17-16-23.
• 17. Crime Victims' Bill of Rights, 17-17-1 through 17-17-16.
• 18. Written Statements of Information to Victims of Rape or Forcible Sodomy, 17-18-1 through 17-18-2.
• 19. Georgia Council on Criminal Justice Reform, 17-19-1 through 17-19-5 [Repealed], 17-19-1 through 17-19-5.
• 20. Identification Procedures for Live Lineups, Photo Lineups, and Showups, 17-20-1 through 17-20-3.

Chapter 1. General Provisions, 17-1-1 through 17-1-4.

• 17-1-1. Filing and service of pleadings, motions, and other papers.
• 17-1-2. Maintenance of penal actions.
• 17-1-3. Effect of mistake or misprision of clerk or other ministerial officer.
• 17-1-4. Vacation of judgments, verdicts, rules, or orders obtained by perjury.

Chapter 2. Jurisdiction and Venue, 17-2-1 through 17-2-4.

• 17-2-1. Jurisdiction over crimes and persons charged with commission of crimes generally.
• 17-2-2. Venue generally.
• 17-2-3. Jurisdiction and venue as to crimes committed on boundary lines between this state and other states.
• 17-2-4. Defendant arrested, held, or present in county other than that in which indictment or accusation is pending.

Chapter 3. Limitations on Prosecution, 17-3-1 through 17-3-3.

• 17-3-1. Generally.
• 17-3-2. Periods excluded.
• 17-3-2.1. Exclusions for certain offenses involving a victim under 16 years of age.
• 17-3-2.2. Statute of limitations.
• 17-3-3. Other exclusions.

Chapter 4. Arrest of Persons, 17-4-1 through 17-4-62.

Article 1 General Provisions.

• 17-4-1. Actions constituting an arrest.
• 17-4-2. Privilege from arrest of active duty military personnel.
• 17-4-3. Right of forcible entry into private dwellings pursuant to execution of arrest warrant.

Article 2 Arrest by Law Enforcement Officers Generally.

• 17-4-20. Authorization of arrests with and without warrants generally; use of deadly force; adoption or promulgation of conflicting regulations, policies, ordinances, and resolutions; authority of nuclear power facility security officer.
• 17-4-20.1. Investigation of family violence; preparation of written report; review of report by defendant arrested for family violence; compilation of statistics.
• 17-4-21. Duty of arresting officer to take arrested person before judicial officer; right of arrested person to select judicial officer.
• 17-4-22. Authority of peace officers to make arrests not to be denied because of race, creed, or national origin of peace officers or persons arrested.
• 17-4-23. Procedure for arrests by citation for motor vehicle violations; issuance of warrants for arrest for failure of persons charged to appear in court; bond.
• 17-4-24. Duty of law enforcement officers to execute penal warrants; summoning of posses.
• 17-4-25. Power to make arrests in any county; arrested persons taken before judicial officer; transportation costs; holding in county other than one in which offense committed; transport to regional jail.
• 17-4-25.1. Transport of arrested person to jurisdiction in which offense committed; transport of prisoner outside county or municipality.
• 17-4-26. Duty to bring persons arrested before judicial officer within 72 hours; notice to accused of time and place of commitment hearing; effect of failure to notify.
• 17-4-27. Duty to maintain information about persons arrested by law enforcement officers under their supervision; inspection of records.
• 17-4-28. Advising, encouraging, or procuring dismissal or settlement of warrant by arresting officer.
• 17-4-29. Collecting or receiving costs or other charges of prosecutor or defendant by arresting officer before warrant returned.
• 17-4-30. Arrest of hearing impaired persons.

Article 3 Warrants for Arrest.

• 17-4-40. Persons who may issue warrants for arrest of offenders against penal laws; warrants requested by others; persons who may issue warrants for arrest of law enforcement or peace officers or school teachers or administrators.
• 17-4-41. Contents of affidavits made or warrants issued for arrest of penal offenders.
• 17-4-42. Issuance of special warrants for arrest; treatment of special warrants as general arrest warrants.
• 17-4-43. Requirement by judicial officer of bond to prosecute.
• 17-4-44. Warrants may be issued in any county; execution of warrants without backing or endorsement of judicial officer in county where warrant is executed.
• 17-4-45. Form of affidavit for arrest warrant.
• 17-4-46. Form of warrant for arrest.
• 17-4-47. Issuance of warrants by video conference; testimony; initial bond hearings; oaths.

Article 4 Arrest by Private Persons.

• 17-4-60. Grounds for arrest.
• 17-4-61. Taking of persons arrested before judicial officer or to peace officer; duty and liability of peace officer taking custody.
• 17-4-62. Taking of persons arrested before judicial officer within 48 hours of arrest.

Chapter 5. Searches and Seizures, 17-5-1 through 17-5-100.

Article 1 Searches Without Warrants.

• 17-5-1. Search pursuant to lawful arrest authorized.
• 17-5-2. Inventory of items seized without search warrant to be given to person arrested and judicial officer before whom person arrested taken; return of items.

Article 2 Searches With Warrants.

• 17-5-20. Requirements for issuance of search warrant generally.
• 17-5-21. Grounds for issuance of search warrant; scope of search pursuant to search warrant; issuance by retired judge or judge emeritus.
• 17-5-21.1. Issuance of search warrants by video conference.
• 17-5-22. Issuance of search warrants by judicial officers generally; maintenance of docket record of warrants issued.
• 17-5-23. Command of search warrant.
• 17-5-24. Officers authorized to execute search warrants.
• 17-5-25. Execution of search warrant generally.
• 17-5-26. When search warrant may be executed.
• 17-5-27. Use of force in execution of search warrant.
• 17-5-28. Detention and search of persons on premises.
• 17-5-29. Written return of items seized; filing and signing of inventory; delivery of copies of inventory.
• 17-5-30. Motion to suppress evidence illegally seized generally.
• 17-5-31. Quashing warrant or suppressing evidence because of technical irregularity not affecting substantial rights of accused.
• 17-5-32. Search and seizure of documentary evidence in possession of attorney; exclusion of illegally obtained evidence.

Article 3 Disposition of Property Seized.

• 17-5-50. Property unlawfully obtained; rights of owner; hearing; admissibility of photographs in lieu of original property; representation of unknown or absent defendants; statements made by defendant or agent at trial.
• 17-5-51. Civil forfeiture of weapons used in commission of crime, possession of which constitutes crime or delinquent act, or illegal concealment generally.
• 17-5-52. Disposition of weapons used in commission of crime or delinquent act involving possession; civil forfeiture.
• 17-5-52.1. Disposal of forfeited or abandoned firearms; innocent owners; auctions; record keeping; liability of government entities [Repealed].
• 17-5-53. Disposition of devices with historical or instructional value.
• 17-5-54. Definitions; disposition of personal property in custody of law enforcement agency.
• 17-5-55. Designation of custodian for introduced evidence; evidence log; storage, maintenance, and disposal of evidence.
• 17-5-56. Maintenance of physical evidence containing biological material.

Article 4 Investigating Sexual Assault.

• 17-5-70. Definitions.
• 17-5-71. Preservation of evidence.
• 17-5-72. Right to free forensic medical examination.
• 17-5-73. Victim's right to refuse request for polygraph examinations or other truth-telling devices.

Article 5 Immigrants.

• 17-5-100. Investigation of illegal alien status.

Chapter 6. Bonds and Recognizances, 17-6-1 through 17-6-114.

Article 1 General Provisions.

• 17-6-1. Where offenses bailable; procedure; schedule of bails; appeal bonds.
• 17-6-1.1. Electronic pretrial release and monitoring program for defendants; requirements; procedures; fees.
• 17-6-2. Acceptance of bail in misdemeanor cases; posting driver's license as collateral for bail.
• 17-6-3. Acceptance of recognizance bonds for military personnel.
• 17-6-4. Authorization of posting of cash bonds generally; furnishing of receipt to person posting bond; recordation of receipt of bond on docket; disposal of unclaimed bonds.
• 17-6-5. Acceptance of cash bonds for certain offenses; authorization.
• 17-6-6. Clerk of court or judge to provide cash receipt book; furnishing of copies of receipt; disposition of original receipt and bond.
• 17-6-7. Liability of arresting officer for failure to account for cash receipts and bonds.
• 17-6-8. Proceedings upon failure of person arrested to appear; forfeiture of bond not a bar to subsequent prosecution.
• 17-6-9. Acceptance of cash bonds in lieu of statutory bond or recognizance by officers or officials authorized to enforce "Comprehensive Litter Prevention and Abatement Act of 2006."
• 17-6-10. Acceptance of cash bonds for violations of ordinances or other offenses against municipalities; issuance of receipt; designated officials; effect of failure to appear in court; applicability to municipalities having similar provisions.
• 17-6-11. Display of driver's license for violation of certain traffic related laws; notice of failure to appear; suspension of license; arrest; seizure of license.
• 17-6-12. Discretion of court to release person charged with crime on person's own recognizance only; effect of failure of person charged to appear for trial.
• 17-6-13. First bail for offense permitted as matter of right; subsequent bails to be in discretion of court.
• 17-6-14. Use of bail bond posted for preliminary hearing for trial appearance; applicability to federal proceedings; proceedings in county other than where commitment hearing held; effect where bail bond required is less than bond originally posted.
• 17-6-15. Necessity for commitment where bail tendered and accepted; opportunity for bail; receipt of bail after commitment and imprisonment; imprisonment of person who offers bond for amount of bail set; effect upon common-law authority of court.
• 17-6-16. Entry of memorandum on warrant after waiver of commitment hearing and tender of bail.
• 17-6-17. Bond or recognizance to be conditioned on appearance of person accused of crime at arraignment; proceedings upon failure of accused to appear.
• 17-6-18. Amendment of bonds and giving of new security.

Article 2 Sureties.

Part 1 GENERAL PROVISIONS.

• 17-6-30. Fees of sureties.
• 17-6-31. Surrender of principal by surety; forfeiture of bond; death of principal.

Part 2 PROFESSIONAL BONDSMEN.

• 17-6-50. Persons deemed professional bondsmen; criminal background investigation information to be provided to clerk of court.
• 17-6-50.1. Continuing education programs for professional bondsmen; fee; annual requirement; certificate of completion.
• 17-6-51. Suggesting employment of attorneys during negotiations regarding signing of bond or any time subsequent thereto.
• 17-6-52. Soliciting business or loitering around jails or courts to solicit business; giving of advice by law enforcement officers as to services of professional bondsmen.
• 17-6-53. Giving advice or directions to defendants who are principals in bonds regarding defense or disposition of cases.
• 17-6-54. No further compensation after becoming surety; when sum received to be returned to defendant; right to surrender defendant and to keep sum paid when defendant forfeits.
• 17-6-55. Penalty for violation of part.
• 17-6-56. Bail recovery agents; requirements; registration.
• 17-6-56.1. Continuing education programs for bail recovery agents; fee; annual requirement; certificate of completion.
• 17-6-57. Bail recovery agents; notification to local police; out-of-state agents; identification card.
• 17-6-58. Penalty for violation; liability.

Article 3 Proceedings for Forfeiture of Bonds or Recognizances.

• 17-6-70. When forfeiture occurs.
• 17-6-70.1. Proceedings for forfeiture of bonds or recognizances generally [Repealed].
• 17-6-71. Execution hearing on failure of principal to appear.
• 17-6-72. Conditions not warranting forfeiture of bond for failure to appear; remission of forfeiture.
• 17-6-73. Address of principal and surety on bond or recognizance.

Article 4 Bonds for Good Behavior and to

Keep the Peace. Part 1

• 17-6-90. Issuance of notice to appear for show cause hearing; requirement of bond; hearing; payment of court costs by affiant; issuance of order of arrest.
• 17-6-91. Extension of bond by court; right of sureties to surrender principal.
• 17-6-92. Violation of bond; contempt of court.
• 17-6-93. Redesignated.
• 17-6-94. Redesignated.

Part 2 BONDS TO KEEP THE PEACE.

• 17-6-110. Issuance of warrant; requirement of bond; hearing; payment of costs by affiant.
• 17-6-111. Right of person to require bond against spouse.
• 17-6-112. Actions constituting violations of bond; right of action for breach of bond generally; imposition of additional penalty for contempt of court; finding of prosecuting witness in contempt.
• 17-6-113. Effect of provoking breach of bond.
• 17-6-114. Discharge or extension of bond by court.

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

Article 1 General Provisions.

• 17-7-1. Jailing of prisoners where no jail in county or when deemed necessary by sheriff; fees and costs; authority to levy and collect tax.
• 17-7-2. When sheriff not required to receive prisoner from another county.
• 17-7-3. List of children in detention pending trial provided to chief judge and prosecuting attorney.

Article 2 Commitment Hearings.

• 17-7-20. Persons who may hold courts of inquiry; procedure where offense committed in county which is member of regional jail authority.
• 17-7-21. Holding of court of inquiry by several judicial officers; procedure for deciding questions.
• 17-7-22. Powers of presiding officer in court of a municipal corporation to bind over or commit criminal offenders to jail.
• 17-7-23. Duties of court of inquiry; preclusion of certain courts from trying charges involving Code Section 16-11-126.
• 17-7-24. Time granted parties to prepare case and to secure counsel; granting of bail where hearing delayed.
• 17-7-25. Power of court to compel attendance of witnesses.
• 17-7-26. Authority to require bonds to secure appearance of witnesses.
• 17-7-27. Sheriffs and constables to accept bond for appearance of witnesses; approval of sureties by sheriff.
• 17-7-28. Hearing of evidence by court of inquiry; right of accused to testify; application of rules of evidence; effect of failure of accused to testify.
• 17-7-29. Commitment of defendant for different offense than stated in warrant.
• 17-7-30. Form of commitment.
• 17-7-31. Endorsement of names of state's witnesses on warrant.
• 17-7-32. Disposition of commitment form, warrant, and other papers; delivery of accused to person in charge of jail.
• 17-7-33. Billing and payment of costs of justice of the peace and constable [Repealed].
• 17-7-34. Effect of informality in commitment or prior proceedings.

Article 3 Indictments.

• 17-7-50. Right to grand jury hearing within 90 days where bail refused; right to have bail set absent hearing within 90 day period.
• 17-7-50.1. Time for presentment of child's case to a grand jury; exception.
• 17-7-51. Special presentments treated as indictments; entry upon minutes; prosecutions upon special presentments.
• 17-7-52. Procedure for indictment or special presentment of peace officer for crime in performance of duties; notification; rights of officer.
• 17-7-53. Operation of two returns of "no bill" on charge as bar to future prosecution for same charge.
• 17-7-53.1. Quashing of second grand jury indictment or presentment bars further prosecution.
• 17-7-54. Form of indictment by grand jury.
• 17-7-55. Empaneling concurrent grand juries.

Article 4 Accusations.

• 17-7-70. Trial upon accusations in felony cases; trial upon accusations of felony and misdemeanor cases in which guilty plea entered and indictment waived.
• 17-7-70.1. Trial upon accusations in certain felony and misdemeanor cases; trial upon plea of guilty or nolo contendere.
• 17-7-71. Trials of misdemeanors; trial of misdemeanor motor vehicle violations; form and contents of accusations; amendment of accusation; service of amendment upon defendant; continuances.
• 17-7-72. Jurisdiction of probate courts to try certain drug and alcohol offenses.
• 17-7-73. Trial of litter offenses upon summons or citation without accusation.

Article 5 Arraignment and Pleas Generally.

• 17-7-90. Issuance of bench warrant; execution; receiving bail, fixing bond, and approving sureties.
• 17-7-91. Date of arraignment; notice; service of notice and fee therefor; notice to surety on bond; arraignment; receipt and entering of plea; establishment of time for trial; effect of appearance and plea on notice requirement.
• 17-7-92. Service of notice of filing of indictment, special presentment, or accusation against corporation; return of service; failure of corporation to appear or enter plea; judgment and execution against corporate property.
• 17-7-93. Reading of indictment or accusation; answer of accused to charge; recordation of "guilty" plea and pronouncement of judgment; withdrawn guilty pleas; pleas by immigrants.
• 17-7-94. Recordation and effect of plea of "not guilty" or of standing mute.
• 17-7-95. Plea of nolo contendere in noncapital felony cases; imposition of sentence; use of plea in other proceedings; use of plea to effect civil disqualifications; imposition of sentence upon plea deemed jeopardy.
• 17-7-96. Prosecuting officer to enter arraignment and plea on indictment or accusation.
• 17-7-97. Proceedings upon failure of clerk to record arraignment and plea; effect of proceedings.

Article 6 Demurrers, Motions, and Special Pleas and Exceptions.

Part 1 GENERAL PROVISIONS.

• 17-7-110. Time for filing pretrial motions.
• 17-7-111. Demurrers and special pleas to be in writing; right to plead "not guilty" if demurrer or plea denied.
• 17-7-112. Plea of misnomer.
• 17-7-113. Time for making exception to form of indictment or accusation.

Part 2 INSANITY AND MENTAL INCOMPETENCY.

• 17-7-129. Mental capacity to stand trial; release of competency evaluation to prosecuting attorney.
• 17-7-130. Proceedings upon plea of mental incompetency to stand trial.
• 17-7-130.1. Evidence as to defendant's sanity at time of offense; examination and testimony by psychiatrist or psychologist.
• 17-7-131. Proceedings upon plea of insanity or mental incompetency at time of crime.

Part 3 CHANGE OF VENUE.

• 17-7-150. Procedures for change of venue; transfer of case; appeal from denial of change of venue.
• 17-7-151. Transfer upon change of venue of evidence, list of witnesses, and papers; issuance of subpoenas to witnesses and others by clerk of court selected to try case.
• 17-7-152. Subsequent changes of venue.

Article 7 Demand for Trial; Announcement of Readiness for Trial.

• 17-7-170. Demand for speedy trial; service; discharge and acquittal for lack of prosecution; expiration; reversal on direct appeal; mistrial and retrial; special pleas of incompetency.
• 17-7-171. Time for demand for speedy trial in capital cases; discharge and acquittal where no trial held before end of two court terms of demand; counting of terms in cases in which death penalty is sought; special pleas of incompetency.
• 17-7-172. Requirement of announcement by state of readiness for trial prior to announcement by defendant; speedy trial.

Article 8 Procedure for Securing Attendance of Witnesses at Grand Jury or Trial Proceedings.

• 17-7-190. Subpoena of material witnesses for state for appearance before grand jury; furnishing of prosecuting officers with list of persons subpoenaed.
• 17-7-191. Subpoena process for witnesses of defendant; when subpoenas may be extended to witnesses outside of county.
• 17-7-192. Continuance for nonattendance of witnesses not subpoenaed by defendant.

Article 9 Discovery [Repealed].

• 17-7-210, 17-7-211. [Repealed].

Chapter 8. Trial, 17-8-1 through 17-8-76.

Article 1 General Provisions.

• 17-8-1. Cases to be called in order in which they stand on docket; exceptions; preferred scheduling when alleged victim is disabled adult or elder person.
• 17-8-2. Indictments and special presentments to be presented to jury; exception for settlements between prosecutor and defendant which are approved by court.
• 17-8-3. Entry of nolle prosequi.
• 17-8-4. Procedure for trial of jointly indicted defendants; right of defendants to testify for or against one another; order of separate trials; acquittal or conviction where offense requires joint action or concurrence; number of strikes allowed defendants.
• 17-8-5. Recordation of testimony in felony cases; entering testimony on minutes of court where guilty verdict found; preparation of transcript where death sentence imposed; preparation of transcript where mistrial results in felony case.
• 17-8-6. Authority of municipal court to seal criminal records.

Article 2 Continuances.

• 17-8-20. Showing of due diligence required of applicants for continuances generally.
• 17-8-21. When showing for continuance required of state.
• 17-8-22. Consideration of motion for continuance by court generally; allowance of counter-showing to motion.
• 17-8-23. Grounds for granting of continuances - Absence of party generally.
• 17-8-24. Grounds for granting of continuances - Absence or illness of counsel for party generally.
• 17-8-25. Grounds for granting of continuances - Absence of witness generally.
• 17-8-26. Grounds for granting of continuances - Party or party's attorney in attendance at General Assembly.
• 17-8-27. Grounds for granting of continuances - Attorney General in attendance at General Assembly.
• 17-8-28. Grounds for granting of continuances - Witness in attendance at General Assembly.
• 17-8-29. Grounds for granting of continuances - Party or party's counsel in attendance at meeting of Board of Regents of the University System of Georgia.
• 17-8-30. Grounds for granting of continuances - Party or party's counsel in attendance at meeting of Board of Human Services or Board of Behavioral Health and Developmental Disabilities.
• 17-8-31. Grounds for granting of continuances - Party, leading attorney, or material witness in attendance on active duty as member of National Guard or component of armed forces of the United States; setting bail in certain cases.
• 17-8-32. Effect of admission by opposing party of facts to be proved upon allowance of continuance.
• 17-8-33. Granting of continuances where indictment found or accusation made; continuance where material witness unavailable; continuances required by principles of justice; granting of continuance where postponement possible to later date in term.
• 17-8-34. Granting of continuances in cases returned by appellate court for trial.
• 17-8-35. Effect of continuance by defendant upon trial of codefendants.
• 17-8-36. Entry of date of continuance upon docket of court; announcement of continuance in open court.
• 17-8-37. Duration of continuance.
• 17-8-38. Case not reached at trial term continued.

Article 3 Conduct of Proceedings.

• 17-8-50. Courts in which trials of inmates escaping from correctional institutions to take place; admissibility of records pertaining to former trials of such inmates; testimony of other inmates.
• 17-8-51. Admissibility of testimony of inmates in trials for crime of mutiny.
• 17-8-52. Oath to be administered to witnesses.
• 17-8-53. Exclusion of public from courtroom when evidence vulgar or obscene.
• 17-8-54. Persons in courtroom when person under age of 16 testifies concerning sexual offense.
• 17-8-55. Testimony of child less than seventeen years old outside physical presence of accused.
• 17-8-56. Writing out and reading of charge to jury; filing of charge; furnishing of copies of charge.
• 17-8-57. Expression or intimation of opinion by judge as to matters proved or guilt of accused.
• 17-8-58. Objections to jury charges prior to the jury retiring to deliberate; failure to raise objections.

Article 4 Conduct and Argument of Counsel.

• 17-8-70. Number of counsel permitted to argue case.
• 17-8-71. Order of argument after evidence presented.
• 17-8-72. Time limits on closing argument - Misdemeanors and cases from inferior judicatories.
• 17-8-73. Time limits on closing argument - Noncapital and capital felony cases.
• 17-8-74. Allowance of additional time for closing argument.
• 17-8-75. Improper statements by counsel.
• 17-8-76. Argument to or in front of jury as to possibility of clemency.

Chapter 9. Verdict and Judgment Generally, 17-9-1 through 17-9-63.

Article 1 General Provisions.

• 17-9-1. When direction of verdict of acquittal authorized; when motion for directed verdict of acquittal allowed; effect of motion upon defendant's right to present evidence and right to jury trial; assent of jury not required.
• 17-9-2. Jury to judge law and facts and give general verdict; imposition of sentence; form and construction of verdicts.
• 17-9-3. Recommendations for mercy in capital cases other than those of homicide; effect of no recommendation for mercy in capital cases generally and where defendant under age of 17 at time of commission of offense.
• 17-9-4. Validity of judgment rendered by court having no jurisdiction of person or subject matter.

Article 2 Rendition and Receipt of Verdict.

• 17-9-20. Action by juror on private knowledge as to facts, witnesses, or parties.
• 17-9-21. Receipt of verdicts.
• 17-9-22. Expression of approval or disapproval of verdict of jury by judge.
• 17-9-23. Commending or complimenting of jury by judge.

Article 3 Amendment and Impeachment of Verdict.

• 17-9-40. Amendment of verdict after dispersion of jury.
• 17-9-41. Use of affidavits of jurors relating to verdict [Repealed].

Article 4 Motions in Arrest.

• 17-9-60. Jurisdiction of motion; notification of opposing party.
• 17-9-61. Time and grounds for motion generally.
• 17-9-62. Defects in pleadings or record aided by verdict or amendable not subject to motion.
• 17-9-63. Motion not relating to merits of offense charged not to be granted.

Chapter 10. Sentence and Punishment, 17-10-1 through 17-10-71.

Article 1 Procedure for Sentencing and Imposition of Punishment.

• 17-10-1. Fixing of sentence; suspension or probation of sentence; change in sentence; eligibility for parole; prohibited modifications; exceptions.
• 17-10-1.1. Judicial consideration of victim impact statement; form document; manner of rebuttal; effect of noncompliance; no creation of cause of action or right of appeal.
• 17-10-1.2. Oral victim impact statement; presentation of evidence; cross-examination and rebuttal by defendant; effect of noncompliance; no creation of cause of action or right of appeal.
• 17-10-1.3. Factoring into sentencing determinations citizenship status of convict.
• 17-10-1.4. Split sentence.
• 17-10-2. Conduct of presentence hearings in felony cases; effect of reversal for error in presentence hearing.
• 17-10-3. Punishment for misdemeanors generally.
• 17-10-3.1. Punishment for violations of Code Section 40-6-391.
• 17-10-4. Punishment for misdemeanors of a high and aggravated nature.
• 17-10-5. Imposition of misdemeanor punishment for felonies punishable by imprisonment for term of ten years or less.
• 17-10-6. Review of sentences of imprisonment for period exceeding 12 years by three-judge panel [Repealed].
• 17-10-6.1. Punishment for serious violent offenders; authorization for reduction in mandatory minimum sentencing.
• 17-10-6.2. Punishment for sexual offenders.
• 17-10-6.3. Disposition of cases currently under review by three-judge panel; duties and responsibilities of the president of The Council of Superior Court Judges of Georgia with respect to abolishing the three-judge panel.
• 17-10-7. Punishment of repeat offenders; punishment and eligibility for parole of persons convicted of fourth felony offense.
• 17-10-8. Payment of fine in felony case; rebate or refund of fine not permitted upon revocation of probation.
• 17-10-8.1. Fee for legal defense services as condition of probation.
• 17-10-9. Specification by judge imposing sentence of time from which penal sentence to run; effect of appeal.
• 17-10-9.1. Voluntary surrender to county jail or correctional institution; release of defendant.
• 17-10-10. Concurrent sentences.
• 17-10-11. Granting of credit generally; use in determining parole eligibility; applicability of Code section.
• 17-10-12. Affidavit specifying number of days spent in confinement; disposition of affidavit; granting of credit to defendant.
• 17-10-13. Legal adjudication of guilt in court having jurisdiction to precede assessment of punishment.
• 17-10-14. Committal of person under 17 convicted of felony.
• 17-10-15. AIDS transmitting crimes; requiring defendant to submit to HIV test; report of results.
• 17-10-16. Sentence to imprisonment for life without parole authorized; ineligibility for parole or leave programs.
• 17-10-16.1. Seeking death penalty not prerequisite to life without parole sentence.
• 17-10-17. Sentencing of defendants guilty of crimes involving bias or prejudice; circumstances; parole.
• 17-10-18. Notification to seek enhanced penalty.
• 17-10-19. Determination of defendant's guilt; object of the offense; enhancement of sentence.
• 17-10-20. Collection of fines and restitution in criminal cases.

Article 2 Death Penalty Generally.

• 17-10-30. Procedure for imposition of death penalty generally.
• 17-10-30.1. Imprisonment for life without parole; finding of statutory aggravating circumstance required; duties of judge and jury [Repealed].
• 17-10-31. Requirement of jury finding of aggravating circumstance and recommendation of death penalty prior to imposition; arguments of counsel during sentencing phase; jury instructions; actions of judge in event of failure to reach unanimous verdict.
• 17-10-31.1. Requirement of jury finding of aggravating circumstance and recommendation of sentence of death or life without parole; duties of judge; jury instruction on meaning of "life without parole" and "life imprisonment." [Repealed].
• 17-10-32. Sentencing of person indicted for capital offense to life imprisonment or other punishment upon plea of guilty.
• 17-10-32.1. Sentencing of person subject to death penalty or life without parole upon plea of guilty; duties of judge [Repealed].
• 17-10-33. Imposition of sentence of death upon judgment of death; to whom copies of sentence sent; conveying defendant to state correctional institution; expenses of transporting defendant.
• 17-10-34. Sentence to specify time period for and place of execution; appointing time period for execution of pregnant female.
• 17-10-35. Review of death sentences by Supreme Court; forwarding of record and transcript; scope of review; written briefs and oral argument; similar cases to be included in decision; direct appeal to be consolidated with sentence review.
• 17-10-35.1. Review of pretrial proceedings when death penalty is sought; reports investigating reversible error; transmittal of reports to Supreme Court; orders regarding review; Attorney General assistance; res judicata; applicability; waiver of rights.
• 17-10-35.2. Hearing to determine appropriateness of interim appellate review of pretrial rulings.
• 17-10-36. Establishment of unified review procedure by Supreme Court; effect on habeas corpus.
• 17-10-37. Appointment of assistant to Supreme Court to review death sentences; employment of staff to compile data.
• 17-10-38. Death sentences generally.
• 17-10-39. Procedure for determination if female sentenced to death is pregnant; suspension of execution of sentence; issuance of new order for execution of sentence; entry of order upon minutes of court.
• 17-10-40. Change of time period for execution when time period set for execution has passed; recordation on court minutes; length of and time limitation for new time period for execution; setting day and time for execution.
• 17-10-41. Persons required to be present at executions.
• 17-10-42. Preparation and filing of certification of execution.
• 17-10-42.1. Participation of medical professionals in executions.
• 17-10-43. Disposition of body of executed person; payment of expenses of transporting body.
• 17-10-44. Apparatus, machinery, and appliances.

Article 3 Mentally Incompetent to be Executed.

• 17-10-60. "Mentally incompetent to be executed" defined.
• 17-10-61. No execution upon determination of mental incompetency to be executed.
• 17-10-62. Exclusive procedure for challenging mental competency to be executed.
• 17-10-63. Filing of application; contents.
• 17-10-64. Service of application.
• 17-10-65. Answer by respondent.
• 17-10-66. Examination of applicant.
• 17-10-67. When application to be filed.
• 17-10-68. Proof; disposition.
• 17-10-69. Prior adjudication as presumption of mental competency.
• 17-10-70. Appeals.
• 17-10-71. Procedure upon convicted person's regaining mental competency.

• General Consideration
• Correction of Sentencing Errors
• Modification of Sentence

Chapter 11. Assessment and Payment of Costs of Criminal Proceedings, 17-11-1 through 17-11-24.

Article 1 General Provisions.

• 17-11-1. Imposition of costs of prosecution upon defendant generally.
• 17-11-2. Liability of defendant for costs of witnesses.
• 17-11-3. Liability of defendant for costs of inquest.
• 17-11-4. Imposition of costs and jail fees upon prosecutor or complainant.
• 17-11-5. Payment of costs and expenses when venue changed.

Article 2 Reimbursement of Counties for Expenses of Capital Felony Prosecutions.

• 17-11-20. Short title.
• 17-11-21. Definitions.
• 17-11-22. Basis for reimbursement of counties for capital felony expenses.
• 17-11-23. When reimbursement payments to be made; manner of reimbursement where requests exceed funds appropriated.
• 17-11-24. Administration of article generally; adoption of rules and regulations; maintenance of records of capital felony expenses by clerks of superior courts.

Chapter 12. Legal Defense For Indigents, 17-12-1 through 17-12-128.

Article 1 Georgia Public Defender Council.

• 17-12-1. Short title; Georgia Public Defender Council; responsibilities.
• 17-12-2. Definitions.
• 17-12-3. Council created; membership.
• 17-12-4. Authority of council; annual audit.
• 17-12-5. Director; qualifications; powers and responsibilities.
• 17-12-6. Assistance of council to public defenders.
• 17-12-7. Councilmembers; responsibilities; voting; removal; quorum; meetings; officers; expenses.
• 17-12-8. Approval by council of programs for representation of indigents; public access to policies and standards [Repealed].
• 17-12-9. Continuing legal education for public defenders and staff.
• 17-12-10. Annual reporting.
• 17-12-10.1. Legislative oversight committee created; membership; audits.
• 17-12-10.2. Civil liability.
• 17-12-11. Mental health advocacy division; duties, responsibilities, and management.
• 17-12-12. Georgia capital defender division; duties, responsibilities, and management.
• 17-12-12.1. Payment of attorney in event of conflict of interest in capital cases; number of attorneys appointed; county governing authority's financial responsibility; expenses.
• 17-12-13. Effective date of article [Repealed].
• 17-12-14. Applicability of article [Repealed].

Article 1A Representation of Indigents [Repealed].

• 17-12-19.1 through 17-12-19.14. [Repealed].

Article 2 Public Defenders.

• 17-12-20. Public defender selection panel for each circuit; appointment of public defender; removal; vacancies.
• 17-12-21. Qualifications for public defender position.
• 17-12-22. Procedure for appointment of attorneys for indigent defendants in event of public defender's conflict of interest; identification of conflict.
• 17-12-23. Cases in which public defender representation required; timing of representation; juvenile divisions; contracts with local governments.
• 17-12-24. Financial eligibility for indigent defense services representation; operation of public defender's office.
• 17-12-25. Salary of public defender; private practice prohibited.
• 17-12-25.1. Accountability court supplement.
• 17-12-26. Budget of the council.
• 17-12-27. Appointment of assistant public defenders; salary; promotions.
• 17-12-28. Appointment of investigator; role and responsibilities; compensation; promotions.
• 17-12-29. Employment of supplemental personnel; compensation.
• 17-12-30. Classification of personnel; responsibilities; compensation; local supplements.
• 17-12-31. Employment of additional personnel.
• 17-12-32. Contracting with the council for personnel paid by local government.
• 17-12-33. Assistant public defenders' private practice of law or concurrent judicial service prohibited; admission to bar in Georgia.
• 17-12-34. Pro rata sharing of expenses and resources by counties in each circuit.
• 17-12-35. Acceptance of other funding.
• 17-12-36. Alternative delivery system; annual review of operations by council; record keeping.
• 17-12-37. Effective date of article.

Article 3 Assistance by Third-Year Law Students or Staff Instructors.

• 17-12-40. Definitions.
• 17-12-41. Assistance of public defender by third-year law student or staff instructor.
• 17-12-42. Judge may prescribe type of assistance provided by law student or staff instructor; certification by law school dean.
• 17-12-43. Clerk of court to maintain records; limited period of assistance.
• 17-12-44. Exception to qualification requirements for public defender or assistant public defender.
• 17-12-45. Effective date of article.

Article 3A Recovery of Attorney's Fees and Costs.

• 17-12-50. Definitions.
• 17-12-51. Repayment of attorney's fees as condition of probation.
• 17-12-52. Recovery of payment or reimbursement by a county or municipality.

Article 4 Verification of Indigency.

• 17-12-80. Verification of indigency required; procedure; timing of notification of eligibility.

Article 5 Office of Multicounty Public Defender.

• 17-12-100 through 17-12-108. [Repealed].

Article 6 Georgia Capital Defender.

• 17-12-120 through 17-12-128. [Repealed].

Chapter 13. Criminal Extradition, 17-13-1 through 17-13-49.

Article 1 General Provisions.

• 17-13-1. Requirements as to applications for requisitions for extradition of fugitives from justice of this state.
• 17-13-2. Duty of Governor to make requisitions.
• 17-13-3. Expense of returning fugitives to be first authorized by county governing authority.
• 17-13-4. Arrest and delivery to authorities of fugitive from foreign country.
• 17-13-5. Execution of warrants for arrest of fugitives from justice.

Article 2 Uniform Criminal Extradition Act.

• 17-13-20. Short title.
• 17-13-21. Definitions.
• 17-13-22. Duty of Governor to have fugitives from justice arrested and delivered to executive authorities of other states.
• 17-13-23. Form of demand for extradition of person charged with crime in another state.
• 17-13-24. Extradition of person imprisoned or awaiting trial in another state or who has left the demanding state under compulsion.
• 17-13-25. Extradition of persons not present in demanding state at time of commission of crime.
• 17-13-26. Investigation of case upon receipt of demand for extradition.
• 17-13-27. Issue of Governor's warrant of arrest; recitals.
• 17-13-28. Manner and place of execution of warrant.
• 17-13-29. Authority of arresting officers; penalties for refusal to assist arresting officers.
• 17-13-30. Rights of accused person; application for writ of habeas corpus; hearing; penalty.
• 17-13-31. Duty of district attorney to answer and defend habeas corpus action.
• 17-13-32. Confinement in jail of person being extradited to another state when necessary.
• 17-13-33. Arrest of person charged with crime in another state under warrant based upon oath or affidavit of another person.
• 17-13-34. Arrest without warrant of a person charged with a crime in another state.
• 17-13-35. Commitment of person accused of crime in another state to county jail pending receipt of demand from other state generally.
• 17-13-36. Granting of bail.
• 17-13-37. Procedure where accused not arrested within time specified in warrant.
• 17-13-38. Forfeiture of bail bond.
• 17-13-39. Surrender of persons under criminal prosecution or sentence in this state to demanding state.
• 17-13-40. Conduct of inquiry as to guilt or innocence of accused.
• 17-13-41. Recall of warrant of arrest or issuance of another warrant by Governor.
• 17-13-42. Demand for return of fugitives in other states by Governor of this state; issuance of warrant to person receiving fugitive.
• 17-13-43. Application for issuance of demand.
• 17-13-44. Payment of expenses.
• 17-13-45. Immunity from service of process of persons brought into state in civil actions based on facts in criminal charge.
• 17-13-46. Execution and filing of written waiver of extradition proceedings by accused; delivery of accused to demanding state.
• 17-13-47. Effect of article as to right, power, or privilege of state to try demanded person.
• 17-13-48. Trial of person brought into state for other criminal prosecutions while in state.
• 17-13-49. Uniform interpretation and construction.

Chapter 14. Restitution and Distribution of Profits to Victims of Crimes, 17-14-1 through 17-14-32.

Article 1 Restitution.

• 17-14-1. Declaration of public policy.
• 17-14-2. Definitions.
• 17-14-3. Requirement of restitution by offender as condition of relief generally.
• 17-14-4. Granting of parole prior to completion of one-third of sentence conditioned on restitution.
• 17-14-5. Restitution by juvenile delinquent; retention of jurisdiction to enforce order against juvenile after attainment of age 21; transfer of enforcement jurisdiction; parent's obligation for restitution.
• 17-14-6. Setoff of prior total or partial restitution made to victim; reduction of award from the Crime Victims Compensation Board by the amount of restitution; payment of restitution to governmental entities that have compensated the victim.
• 17-14-7. Right of offender to offer restitution plan to ordering authority; consideration and adoption of plan; hearing to determine restitution; burden of proof; liability among multiple offenders; payment for multiple victims; waiver of victim's rights.
• 17-14-8. Apportionment of payments for fines and restitution; payment to victims.
• 17-14-9. Amount of restitution.
• 17-14-10. Factors to be considered by ordering authority in determining nature and amount of restitution.
• 17-14-11. Effect of restitution order on civil actions against offender; setoff of restitution payments against civil judgments; admissibility of restitution orders or payments; determining setoff amount.
• 17-14-12. Modification of restitution order.
• 17-14-13. Manner of enforcement of restitution order generally; sanctions for failure to comply with order.
• 17-14-14. Restitution payments; wage assignments; review of compliance; interest.
• 17-14-15. Peonage not authorized by article; denial of benefits because of poverty prohibited.
• 17-14-16. Transmission of copies of restitution orders to the Department of Corrections or the Department of Juvenile Justice, and to the Department of Community Supervision.
• 17-14-17. Voidable transfers.
• 17-14-18. Payments to and by the Crime Victims Emergency Fund.
• 17-14-19. Effect of article on powers of courts.

Article 2 Distribution of Profits of Crimes.

• 17-14-30. Definitions.
• 17-14-31. Contract regarding reenactment of crime; deposit of consideration in escrow; claim notification; notice of availability of escrow moneys; disposition of escrow moneys; actions taken to defeat purpose.
• 17-14-32. Penalties for violations of article.

Chapter 15. Victim Compensation, 17-15-1 through 17-15-16.

• 17-15-1. Legislative intent.
• 17-15-2. Definitions.
• 17-15-3. Georgia Crime Victims Compensation Board; members; director of Criminal Justice Coordinating Council.
• 17-15-4. Powers of board.
• 17-15-5. Filing of claims; verification; contents.
• 17-15-6. Investigation; decision by director; review by board; report to claimant.
• 17-15-7. Persons eligible for awards.
• 17-15-8. Required findings; amount of award; rejection of claim; reductions; exemption from garnishment and execution; exemption from treatment as ordinary income; effective date for awards; psychological counseling for relatives of deceased; memorials for victims of DUI homicide.
• 17-15-9. Georgia Crime Victims Emergency Fund created; administration; moneys; payments authorized.
• 17-15-10. Insufficient funds to pay authorized award.
• 17-15-11. False claims.
• 17-15-12. Effect of accepting award.
• 17-15-13. Debt to state created; payment as condition of probation or parole; payment into fund.
• 17-15-14. Funding to victim service providers for disseminating information.
• 17-15-15. Responsibility for cost of forensic medical examination.
• 17-15-16. Funding for costs of forensic interviews for persons less than 18 years of age or developmentally disabled.

• 17-15A-1. Legislative authority.
• 17-15A-2. "Graffiti" defined.
• 17-15A-3. Legislative findings.
• 17-15A-4. Removal of graffiti by inmates; no waiver of sovereign immunity; no fees to property owners.

Chapter 16. Discovery, 17-16-1 through 17-16-23.

Article 1 Definitions; Felony Cases.

• 17-16-1. Definitions.
• 17-16-2. Applicability of article.
• 17-16-3. Copy of indictment or accusation and list of witnesses furnished.
• 17-16-4. Disclosure required by prosecuting attorney and defendant; inspections allowed; reducing oral reports to writing; continuing duty to disclose; discovery creating threat of physical or economic harm.
• 17-16-5. Alibi witnesses.
• 17-16-6. Failure to comply with discovery requirements.
• 17-16-7. Statements of witnesses.
• 17-16-8. Lists of names and information concerning witnesses.
• 17-16-9. Reimbursement for costs.
• 17-16-10. Material or information already furnished; who may be called as witness.

Article 2 Misdemeanor Cases.

• 17-16-20. Applicability of article.
• 17-16-21. Right of the defendant to copy of indictment or accusation and list of witnesses.
• 17-16-22. Right of defendant to copy of statement given while in police custody; failure of prosecution to comply; evidence discovered after filing of request.
• 17-16-23. Right of defendant to copies of written scientific reports; failure to comply.

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

• 17-17-1. Declaration of policy.
• 17-17-2. Short title.
• 17-17-3. Definitions.
• 17-17-4. Designation of family member to act in place of physically disabled victim.
• 17-17-5. Notification to victim of accused's arrest, release, judicial proceedings, escape, and violations of electronic release and monitoring program.
• 17-17-5.1. Victim notification from Department of Behavioral Health and Developmental Disabilities.
• 17-17-6. Notification to victim of accused's pretrial release and of victims' rights and the availability of victims' compensation and services.
• 17-17-7. Notification to victim of accused's arrest and proceedings where accused's release is considered; victim's right to express opinion in pending proceedings and to file written complaint in event of release.
• 17-17-8. Notification by prosecuting attorney of legal procedures and of victim's rights in relation thereto; victims seeking restitution.
• 17-17-8.1. Procedures for a victim to be interviewed by an accused or accused's attorney or agent; duties and conditions.
• 17-17-9. Exclusion of testifying victim from criminal proceedings; separate victims' waiting areas.
• 17-17-9.1. Protection of communications between victim assistance personnel and victims - Privilege.
• 17-17-10. Requirement by court that defense counsel not disclose victim information to accused.
• 17-17-11. Right of victim to express opinion on disposition of accused's case.
• 17-17-12. Notification to victim of accused's motion for new trial or appeal, release on bail or recognizance, appellate proceedings, and outcome of appeal; notifications regarding death penalty cases; victim's rights retained at new trial or on appeal.
• 17-17-12.1. Requests to prevent an accused from sending any form of written, text, or electronic communication to the victim's family, or the victim.
• 17-17-13. Notification to victim of impending parole, release for period exceeding 60 days, or pardon; notice of hearing on request to commute death sentence.
• 17-17-14. Victim required to provide current address and phone number to notifying parties.
• 17-17-15. Failure to provide notice not rendering responsible person liable or comprising basis for error; chapter not conferring standing upon victim to participate as party in criminal proceeding; existing rights not affected; waiver of rights by victim.
• 17-17-16. Temporary restraining and protective orders.

Chapter 18. Written Statements of Information to Victims of Rape or Forcible Sodomy, 17-18-1 through 17-18-2.

• 17-18-1. Duty of certain officials to offer written statement of information to victims of rape or forcible sodomy.
• 17-18-2. Information for victims of rape or forcible sodomy.

"INFORMATION FOR VICTIMS OF RAPE OR FORCIBLE SODOMY If you are the victim of rape or forcible sodomy, you have certain rights under the law.

Chapter 20. Identification Procedures for Live Lineups, Photo Lineups, and Showups, 17-20-1 through 17-20-3.

• 17-20-1. Definitions.
• 17-20-2. Written policies for live line-ups, photo line-ups, and showups.
• 17-20-3. Effect of failure to comply with requirements of this chapter.