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Criminal Procedure

CRIMINAL PROCEDURE Searches and Seizures: Confiscation of Weapons from Juveniles Upon Arrest for Delinquency

The Act permits the confiscation of weapons used in crimes committed by juveniles and the retention of those weapons for use in law enforcement. It also allows proceeds derived from the sale of confiscated weapons to go to the county or municipality in which the crime was committed. Download PDF

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CRIMINAL PROCEDURE Pre-trial Proceedings: Provide for Discovery and Inspection of Evidence by the Prosecution and Defendants in Criminal Cases

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

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CRIMINAL PROCEDURE Bonds and Recognizances: Provide that Certain Persons Arrested Without a Warrant Upon Acts of Family Violence Shall Not Be Eligible for Bail Prior to an Appearance Before a Judicial Officer; Provide for Increased Bail and Specific Co...

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,

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CRIMINAL PROCEDURE Sentencing and Punishment: Permit Judicial Consideration of Certain Evidence and Testimony in Cases Where the Death Penalty May be Imposed

The Act amends Georgia law relating to the admissibility of victim impact evidence to include those cases in which life imprisonment or the death penalty may be imposed. The Act provides procedures for the introduction of evidence which demonstrates the emotional impact of the defendant's crime upon the

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CRIMINAL PROCEDURE Limitations on Prosecution: Provide for the Tolling of the Statute of Limitations for Prosecutions of Certain Offenses Against Children

The Act provides that the applicable statute of limitations for certain criminal offenses against victims under sixteen years of age will be tolled until the victim reaches the age of sixteen or the violation is reported to certain governmental agencies, whichever occurs first. Download PDF

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CRIMINAL PROCEDURE Bonds and Recognizances: Provide for Increased Bail and for Filing of Separate Police Reports for Incidents of Family Violence

HB 448 provides for increased bail when an offense involves an act of family violence. If the offense involves serious injury and the arresting officer believes further violence is possible, it is bailable only before a judicial officer. HB 449 provides that a separate report shall be filed whenever a

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CRIMINAL PROCEDURE Trial: Amend Provisions Relating to Closed Circuit Television Testimony of Child Victims of Certain Sexual Offenses

The Act provides that a child victim of rape, sodomy, child molestation, cruelty to children, or sexual assault may testify out of court, and such testimony will be broadcast in the courtroom by way of closed circuit television. During testimony, only the judge, attorneys, camera operators, and a representative of

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CRIMINAL PROCEDURE Bonds and Recognizances: Amend Provisions for Notice to Superior Court; Provide for Temporary Release of Certain Detainees

SB 255 amends existing provisions requiring notice to the superior court when a person is being held in a detention facility and is charged with an offense bailable only before a superior court judge. HB 466 creates a new section permitting the release of a person who has been found

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