The Georgia Indigent Defense Act creates a state-wide public defender system overseen by the Georgia Public Defender Standards Council. The Council will establish guidelines to ensure consistent and quality legal representation of all indigent defendants. The Act addresses qualification and training, caseload size, performance and compensation standards, as well as
The Act allows law enforcement agencies to apply for certificates to use speed detection devices so long as the applicant provides continuous law enforcement services or allows only full-time officers to operate such devices. The Act defines what is commonly know as a "speed trap." It provides a
The Act removes bomb technician training materials from the domain of the Georgia Open Records Act and requires a judge's order to access the restricted information. The Act also expands the resource sharing authorization for bomb technicians to include emergency medical technicians with specialty training in blast trauma;
The Act revises procedures for the involuntary commitment of persons with tuberculosis. Such persons must be provided a full and fair hearing in which the state must prove by clear and convincing evidence that the patient presents a substantial risk of exposing others to an imminent danger of infection. Such
The Act covers three different topics: transfer of indictment, competency to stand trial, and felony discovery. The transfer of indictment section allows an indictment or accusation to be transferred from the county where it is pending to the county where the defendant was arrested, is held, or is present. The
Act 289, originating as HB 170, provides for a victims’ “Bill of Rights.” Crime victims must be notified of specific events in the judicial process, including the capture, charging, or conviction of a suspect or when a convict is under parole consideration. Act 289
The Act amends bail hearing procedures, providing that certain offenses are bailable only before a superior court judge. In addition, the Act limits when bail can be granted in cases involving certain offenses. Lastly, the Act creates a rebuttable presumption of flight for those defendants facing a second conviction for
The Act doubles the possible sentence for the offense of escape by a person convicted of a felony or misdemeanor, while leaving in place judges' discretion in sentencing.
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The Act requires a law enforcement officer making a warrantless arrest for an act of family violence to bring the accused before a judicial officer for a bond hearing before release. Furthermore, it requires one accused of family violence, when serious injury occurs and there is danger of further violence,
The Act provides for comprehensive discovery in criminal felony and misdemeanor trials. Evidence of alibis and in rebuttal of alibis must now be disclosed by defense and prosecution counsel at least ten days prior to trial. Access to documents, records, and results of examinations and scientific tests, and statements of
The Act allows money given to counties for indigent defense to be used for the appointment of attorneys for juveniles as well as for adults involved in juvenile proceedings.
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