SB163: SB163 Brady Law Regulations; standards for bringing an action against the government for an unauthorized act relating to regulation of weapons; revise

26 LC 48 1842S The House Committee on Judiciary, Non-Civil offers the following substitute to SB 163: A BILL TO BE ENTITLED AN ACT To amend Title 17, Article 6 of Chapter 2 of Title 21, and Article 2 of Chapter 13 of Title 241 of the Official Code of Georgia Annotated, relating to criminal procedure, registration of2 voters, and subpoenas and notice to produce, respectively, so as to modify provisions relating3 to motions and discovery in criminal cases and provide greater protection to law enforcement4 officers involved in court proceedings; to modernize discovery processes; to provide for5 notice of accusations and indictments; to provide for definitio ns; to provide for reciprocal6 discovery information by the accused in certain misdemeanor cas es; to provide for7 procedures; to revise provisions relating to expert witnesses a nd disclosures; to revise8 provisions relating to confidentiality of address information of certain registered electors; to9 revise provisions relating to service of subpoenas; to amend Code Section 35-3-151 of the10 Official Code of Georgia Annotated, relating to responsibilities of the Division of Forensic11 Sciences, so to correct a cross-reference; to provide for relat ed matters; to provide for an12 effective date and applicability; to repeal conflicting laws; and for other purposes.13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 S. B. 163 (SUB) - 1 - 26 LC 48 1842S SECTION 1.15 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure is16 amended by revising Code Section 17-7-54, relating to form of indictment by grand jury, by17 adding a new subsection to read as follows:18 "(c) An indictment substantially complying with the forms provided in this Code section19 shall in all cases be sufficient and the state or prosecuting a ttorney shall mail or email a20 copy of an indictment filed with the court to the defendant and his or her attorney of record,21 if known, within five days of such filing, unless such defendant's arraignment is scheduled22 to occur within such five-day period."23 SECTION 2.24 Said title is further amended by revising subsection (c) of Code Section 17-7-70.1, relating25 to trial upon accusations in certain felony and misdemeanor cas es and trial upon plea of26 guilty or nolo contendere, as follows:27 "(c) An accusation substantially complying with the form f o r m s provided in28 subsections (d) and (e) of Code Section 17-7-71 shall in all cases be sufficient and the state29 or prosecuting attorney shall mail a copy of an accusation file d with the court to the30 defendant and his or her attorney of record, if known, within five days of such filing, unless31 such defendant's arraignment is scheduled to occur within such five-day period."32 SECTION 3.33 Said title is further amended by revising Code Section 17-7-110, relating to time for filing34 pretrial motions, as follows:35 "17-7-110.36 Unless the time for filing is extended by the court, all All pretrial motions, including37 demurrers and special pleas, shall be filed within ten days aft er the date of arraignment,38 unless the time for filing is extended by the court ; provided, however, that, when the39 S. B. 163 (SUB) - 2 - 26 LC 48 1842S accused has opted into discovery pursuant to Article 1 of Chapt er 16 of this title, such40 pretrial motions shall be filed within 30 days of the state's o r prosecuting attorney's41 compliance with its discovery obligations and not later than 30 days prior to trial. If the42 state or prosecuting attorney serves discovery within 30 days of trial, the state shall file a43 notice with the court identifying such items served. The court shall determine whether the44 defendant may be granted leave to file additional motions based upon the items disclosed45 in the state's notice and shall set a deadline for the filing of any such motions."46 SECTION 4.47 Said title is further amended by revising Articles 1 and 2 of C hapter 16, relating to48 definitions and felony cases relative to discovery and misdemea nor cases relative to49 discovery, respectively, as follows:50 "ARTICLE 151 17-16-1.52 As used in this chapter, the term:53 (1) 'Possession, custody, or control of the state or prosecuti on prosecuting attorney '54 means an item which is within the possession, custody, or contr o l o f t h e s t a t e o r55 prosecuting attorney or any law enforcement agency involved in the investigation of the56 case being prosecuted.57 (2) 'Statement of a witness' means:58 (A) A written or recorded statement, or copies thereof, made b y the witness that is59 signed or otherwise adopted or approved by the witness;60 (B) A substantially verbatim recital of an oral statement made by the witness that is61 recorded contemporaneously with the making of the oral statement and is contained in62 S. B. 163 (SUB) - 3 - 26 LC 48 1842S a stenographic, mechanical, electrical, body-worn or in-vehicle video or audio camera63 recording, or other recording or a transcription thereof; or64 (C) A summary of the substance of a statement made by a witnes s contained in a65 memorandum, report, or other type of written document but does shall not include notes66 or summaries made by counsel; or67 (D) A forensic interview of a witness.68 (3) 'Witness' does shall not include the defendant.69 (4) 'Written scientific reports' shall include, but shall not be limited to, reports, including70 any underlying data related to such reports, from the Division of Forensic Sciences of the71 Georgia Bureau of Investigation; an autopsy report by the coron er of a county or by a72 private pathologist; blood alcohol test resu lts done by a law e nforcement agency or a73 private physician; and similar types of reports that would be used as scientific evidence74 by the state or prosecuting attorney in its case-in-chief or in rebuttal against the defendant75 or the defendant in its case.76 17-16-2.77 (a)(1) This article shall apply to all criminal cases in which at least one felony offense78 is charged in the event that at or prior to arraignment, or at such time as the court permits,79 state or superior courts when the defendant provides written notice to the state or80 prosecuting attorney that such defendant elects to have this ar ticle apply to the81 defendant's case.82 (2) When one defendant in a multidefendant case demands discovery under this article83 chapter, the provisions of this article chapter shall apply to all defendants in the case,84 unless a severance is granted.85 (3) An election, once made, shall not be revoked, except as su ch election relates to a86 defendant automatically included in an election pursuant to par agraph (2) of this87 subsection who did not make an election for his or her own case.88 S. B. 163 (SUB) - 4 - 26 LC 48 1842S (b) Except as provided in subsection (c) of this Code section, this article shall not apply89 to juvenile court proceedings.90 (c) This article shall be deemed to have been automatically invoked, without the written91 notice provided for in subsection (a) of this Code section, whe n a defendant has sought92 discovery pursuant to Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' pursuant to93 Part 8 of Article 6 of Chapter 11 of Title 15, or pursuant to t he Uniform Rules for the94 Juvenile Courts of Georgia where when such discovery material is the same as the95 discovery material that may be provided under this article when a written notice is filed96 pursuant to subsection (a) of this Code section.97 (d) Except as provided under Code Section 17-16-8, this article chapter is not intended to98 authorize discovery or inspection of attorney work product.99 (e) This article shall apply also to all criminal cases in which at least one felony offense100 is charged which was docketed, indicted, or in which an accusation was returned prior to101 January 1, 1995, if both the prosecuting attorney and the defendant agree in writing that the102 provisions of this article shall apply to the case.103 (f)(e) Except as provided in paragraph (3) of subsection (b) of Code Section 17-16-4, if104 a defendant has elected to have the provisions of this article apply, the provisions of this105 article shall also apply to sentencing hearings and the sentencing phase of a death penalty106 trial.107 (f) This article shall only apply to misdemeanor cases in city , municipal, recorder's,108 probate, and any other court wherein a jury cannot be empaneled when the state or109 prosecuting attorney and the defendant agree in writing that this article shall apply. Absent110 such written agreement, the provisions of Article 2 of this chapter shall apply.111 17-16-3.112 Prior to or at arraignment, the state or prosecuting attorney shall furnish every person113 charged with a criminal offense shall be furnished with a copy of the indictment or114 S. B. 163 (SUB) - 5 - 26 LC 48 1842S accusation, unless such indictment or accusation was previously furnished pursuant to115 Code Section 17-7-54 or Code Section 17-7-70.1, and a list of witnesses. Such witness list116 that may be supplemented pursuant to the other provisions of this article.117 17-16-4.118 (a)(1) The state or prosecuting attorney shall, no later than ten days prior to trial within119 30 days of the defendant's arraignment but no later than 30 days prior to trial, or at such120 time as the court orders, disclose to the defendant, furnish a copy of, and make available121 for inspection, copying, or photographing any relevant written or recorded statements122 made by the defendant, or copies thereof, within the possession, custody, or control of the123 state or prosecution prosecuting attorney and that portion of any written record containing124 the substance of any relevant oral statement made by the defend ant, whether before or125 after arrest, in response to interrogation by any person then known to the defendant to be126 a law enforcement officer or member of the prosecuting attorney 's staff. The state or127 prosecuting attorney shall also disclose to the defendant, and furnish a copy of t h e128 substance of any other relevant oral statement made by the defe ndant, before or after129 arrest, in response to interrogation by any person then known by the defendant to be a law130 enforcement officer or member of the prosecuting attorney's staff if the state intends to131 use that statement at trial . The state or prosecuting attorney shall also disclose to the132 defendant and furnish a copy of the substance of any other relevant written or oral133 statement made by the defendant while in custody, whether or no t in response to134 interrogation. Statements of coconspirators that are attributa ble to the defendant and135 arguably admissible against the defendant at trial also shall be disclosed under this Code136 section. When Where the defendant is a corporation, partnership, association, or labor137 union, the court may grant the defendant, upon its motion, discovery of any similar such138 statement of any a witness who was:139 S. B. 163 (SUB) - 6 - 26 LC 48 1842S (A) At the time of the statement, so situated as an officer or employee as to have been140 legally able to bind the defendant in respect to conduct constituting the offense; or141 (B) At the time of the offense, personally involved in the alleged conduct constituting142 the offense and so situated as an officer or employee as to hav e been legally able to143 bind the defendant in respect to that alleged conduct in which the witness was involved.144 ( 2 ) T h e s t a t e o r prosecuting attorney shall, no later than ten within 30 days of the145 defendant's arraignment but no later than 30 days prior to trial, or as otherwise ordered146 by the court, furnish to the defendant a copy of the defendant' s Georgia Crime147 Information Center criminal history, if any, as is within the p ossession, custody, or148 control of the state or prosecution prosecuting attorney. Nothing in this Code section149 shall affect the provisions of Code Section 17-10-2.150 (3)(A) Except as provided in subparagraph (B) of this paragrap h, the state or151 prosecuting attorney shall, no later than ten within 30 days of the defendant's152 arraignment but no later than 30 days prior to trial, or as otherwise ordered by the court,153 permit the defendant at a time agreed to by the parties or ordered by the court to inspect154 and copy or photograph provide the defendant with copies of books, ; p a p e r s ,;155 documents,; photographs,; tangible objects, ; audio and visual tapes, including tapes156 created by third parties and data from posted security cameras or automated license157 readers, films; and recordings, or copies or portions thereof and to inspect a nd158 photograph buildings or places which are within the possession, custody, or control of159 the state or prosecution prosecuting attorney and are intended for use by the state or160 prosecuting attorney as evidence in whole or in part in the prosecution's state's or161 prosecuting attorney's case-in-chief or rebuttal at the trial, or were obtained from or162 belong to the defendant so long as such items are capable of be ing copied; provided,163 however, that, when any such item is not capable of being copie d, the state or164 prosecuting attorney shall permit the defendant at a time agree d to by the parties or165 ordered by the court to insp ect and copy or photograph such ite m s . T h e s t a t e o r166 S. B. 163 (SUB) - 7 - 26 LC 48 1842S prosecuting attorney shall also allow the defendant to inspect and photograph buildings167 or places which are within the possession, custody, or control of the state or prosecuting168 attorney and are intended for use by the state or prosecuting a ttorney as evidence in169 whole or in part in the state's or prosecuting attorney's case-in-chief or rebuttal at the170 trial, or were obtained from or belong to the defendant . Evidence that is within the171 possession, custody, or control of the Forensic Sciences Division Division of Forensic172 Sciences of the Georgia Bureau of Investigation or other laboratory for the purpose of173 testing and analysis may be examined, tested, and analyzed at t he facility where the174 evidence is being held pursuant to reasonable rules and regulat ions adopted by the175 Forensic Sciences Division Division of Forensic Sciences of the Georgia Bureau of176 Investigation or the laboratory where the evidence is being held. No provision of this177 subparagraph shall be construed to allow for the printing or copying of materials only178 permitted to be inspected under subparagraph (B) of this paragraph.179 (B) With respect to any books,; papers,; documents,; photographs,; tangible objects,;180 audio and visual tapes, including tapes created by third partie s and data from posted181 security cameras and automated license readers; films; and recordings, or copies or182 portions thereof which are within the possession, custody, or control of the st ate or183 prosecution prosecuting attorney and are intended for use by the state or prosecuting184 attorney as evidence in whole or in part in t he p r o s e c u t i o n ' s state's or prosecuting185 attorney's case-in-chief or rebuttal at the trial of any violation of Part 2 of Article 3 of186 Chapter 12 of Title 16, such evidence shall, no later than ten within 30 days of the187 defendant's arraignment but no later than 30 days prior to trial, or as otherwise ordered188 by the court, be allowed to be inspected by the defendant but shall not be allowed to be189 copied.190 (4)(A) The state or prosecuting attorney shall, no later than ten within 30 days of the191 defendant's arraignment but no later than 30 days prior to trial, or as otherwise ordered192 by the court, permit the defendant at a time agreed to by the parties or ordered by the193 S. B. 163 (SUB) - 8 - 26 LC 48 1842S court to inspect and copy or photograph a report furnish copies of reports o f a n y194 physical or mental examinations and of written scientific reports, tests, or experiments,195 including a summary of the basis for the expert opinion rendered in the report, or copies196 thereof, if the state or prosecuting attorney intends to introduce in evidence in whole197 or in part in its case-in-chief or in rebuttal the results of the physical o r mental198 examination or written scientific reports, test tests, or experiment experiments. If no199 such report exists at the time of arraignment, such report shal l be furnished to the200 defendant within ten days of its receipt but not later than 30 days prior to trial. If the201 report is oral or partially oral, the state or prosecuting attorney shall reduce all relevant202 and material oral portions of such report to writing and shall serve opposing counsel the203 defendant with such portions no later than ten 30 days prior to trial. Nothing in this204 Code section shall require the disclosure of any other material, note, or memorandum205 relating to the psychiatric or psychological treatment or thera py of any victim or206 witness.207 (B) With respect to expert witnesses, the state or prosecuting attorney shall disclose to208 the defendant, in writing, within 30 days of arraignment but no later than 30 days prior209 to trial, or as otherwise ordered by the court, the following:210 (i) A complete statement of all opinions that the state or pro secuting attorney will211 elicit from the witness pursuant to Code Section 24-7-702, 24-7-703, or 24-7-705 in212 its case-in-chief, or during its rebuttal to counter testimony that the defendant has213 timely disclosed;214 (ii) The bases and reasons for the opinions, including a summary of the basis for such215 opinion;216 (iii) All technical notes and data supporting conclusions, results, or findings of such217 witness;218 (iv) All documents relating to any peer review, examination, consultation, or other219 verification provided for any conclusions, results, or findings by such witness;220 S. B. 163 (SUB) - 9 - 26 LC 48 1842S (v) All standards, protocols, policies, procedures, manuals, and guidelines serving as221 the basis of such witness's opinion;222 (vi) The witness's qualifications, including a list of all publications authored by such223 witness in the previous ten years; provided, however, that this division shall not apply224 to witnesses from the Division of Forensic Sciences of the Geor gia Bureau of225 Investigation; and226 (vii) A list of all other cases in which, during the previous four years, the witness has227 testified as an expert at trial or by deposition; provided, how ever, that this division228 shall not apply to witnesses from the Division of Forensic Scie nces of the Georgia229 Bureau of Investigation.230 (C) When the defendant has elected to have this article apply to the defendant's case,231 failure by the state or prosecuting attorney to furnish the defendant with a copy of any232 written scientific report or summary of an expert's opinion sha ll, unless the court233 determines an alternative remedy is warranted under the circumstances, result in such234 report or summary, and any related expert testimony, being excluded and suppressed235 from evidence in the state's case-in-chief or in rebuttal.236 (5) The state or prosecuting attorney shall, no later than ten days prior to trial, or at such237 time as the court orders but in no event later than the beginning of the trial, provide the238 defendant with notice of any evidence in aggravation of punishm ent that the state or239 prosecuting attorney intends to introduce in sentencing.240 (b)(1) The defendant shall, within ten 30 days of timely compliance by the state or241 prosecuting attorney but no later than five ten days prior to trial, or as otherwise ordered242 by the court, shall permit the prosecuting attorney at a time agreed to by the parties or as243 ordered by the court to inspect and copy or photograph furnish copies of books,; papers,;244 documents,; photographs, ; tangible objects, ; audio and visual tapes, including tapes245 created by third parties and data from posted security cameras or automated license246 readers; films; and recordings, or copies or portions thereof and permit the state or247 S. B. 163 (SUB) - 10 - 26 LC 48 1842S prosecuting attorney at a time agreed to by the parties or ordered by the court to inspect248 and photograph buildings or places, which are within the possession, custody, or control249 of the defendant and which the defendant intends to introduce as evidence in the defense's250 case-in-chief or rebuttal case at the trial.251 (2)(A) The defendant shall, within ten 30 days of timely compliance by the state or252 prosecuting attorney but no later than five 10 days prior to trial, or as otherwise ordered253 by the court, permit the prosecuting attorney at a time agreed to by the parties or as254 ordered by the court to inspect and copy or photograph furnish copies of a report of any255 physical or mental examinations and of scientific tests or expe riments, including a256 summary of the basis for the expert opinion rendered in the report, or copies thereof,257 if the defendant intends to introduce in evidence in the defens e's case-in-chief or258 rebuttal case the results of the physical or mental examination or scientifi c test or259 experiment. If the report is oral or partially oral, the defendant shall reduce all relevant260 and material oral portions of such report to writing and shall serve opposing counsel261 with such portions no later than five ten days prior to trial. Nothing in this Code section262 shall require the disclosure of any other material, note, or memorandum relating to the263 psychiatric or psychological treatment or therapy of any defendant or witness.264 (B) With respect to expert witnesses, the defendant shall disc lose to the state or265 prosecuting attorney, in writing, within 30 days of timely comp liance by the state or266 prosecuting attorney but no later than ten days prior to trial, or as otherwise ordered by267 the court, the following:268 (i) A complete statement of all opinions that the defendant will elicit from the witness269 pursuant to Code Section 24-7-702, 24-7-703, or 24-7-705 in its case;270 (ii) The bases and reasons for the opinions, including a summary of the basis for such271 opinion;272 (iii) All technical notes and data supporting conclusions, results, or findings of such273 witness;274 S. B. 163 (SUB) - 11 - 26 LC 48 1842S (iv) All documents relating to any peer review, examination, consultation, or other275 verification provided for any conclusions, results, or findings by such witness;276 (v) All standards, protocols, policies, procedures, manuals, and guidelines serving as277 the basis of such witness's opinion;278 (vi) The witness's qualifications, including a list of all publications authored by such279 witness in the previous ten years; provided, however, that this division shall not apply280 to witnesses from the Division of Forensic Sciences of the Geor gia Bureau of281 Investigation; and282 (vii) A list of all other cases in which, during the previous four years, the witness has283 testified as an expert at trial or by deposition; provided, how ever, that this division284 shall not apply to witnesses from the Division of Forensic Scie nces of the Georgia285 Bureau of Investigation.286 (C) When the defendant has elected to have this article apply to the defendant's case,287 failure by the defendant to furnish the state or prosecuting attorney with a copy of any288 written scientific report or summary of an expert's opinion sha ll, unless the court289 determines an alternative remedy is warranted under such circumstances, result in such290 report or summary, and any related expert testimony, being excluded and suppressed291 from evidence in the defendant's case.292 (3)(A) Unless otherwise ordered by the court, the The defendant shall, no later than the293 announcement of the verdict of the jury or if the defendant has waived a jury trial at the294 time the verdict is published by the court, serve upon the state or prosecuting attorney295 all books,; papers,; documents,; photographs,; tangible objects,; audio and visual tapes,296 including tapes created by third parties and data from posted s ecurity cameras or297 automated license readers; films; and recordings, or copies or portions thereof and to298 inspect and photograph buildings or places which are within the possession, custody,299 or control of the defendant and which the defendant intends to introduce as evidence300 in the presentence hearing.301 S. B. 163 (SUB) - 12 - 26 LC 48 1842S (B) Unless otherwise ordered by the court, the The defendant shall, no later than the302 announcement of the verdict of the jury or if the defendant has waived a jury trial at the303 time the verdict is published by the court, serve upon the state or prosecuting attorney304 all reports of any physical or mental examinations and scientific tests or experiments,305 including a summary of the basis for the expert opinions render ed in the reports, or306 copies thereof, if the defendant intends to introduce in eviden ce in the presentence307 hearing the results of the physical or mental examination or sc ientific test or308 experiment. If the report is oral or partially oral, the defendant shall reduce all relevant309 and material oral portions of such report to writing and shall serve opposing counsel310 with such portions.311 (C) The defendant shall, no later than five days before the trial commences, serve upon312 the state or prosecuting attorney a list of witnesses that the defendant intends to call as313 a witness in the presentence hearing. No later than the announcement of the verdict of314 the jury or if the defendant has waived a jury trial at the time the verdict is published315 by the court, the defendant shall produce for the opposing party counsel any statement316 of such witnesses a w i t n e s s that is in the possession, custody, or control of the317 defendants defendant or the defendant's counsel that relates to the subject matter of the318 testimony of such witnesses witness unless such statement is protected from disclosure319 by the privilege contained in paragraph (5), (6), (7), or (8) o f subsection (a) of Code320 Section 24-5-501.321 (c) If prior to or during trial a party discovers additional evidence or material previously322 requested or ordered which is subject to discovery, disclosure, or inspection under this323 article, such party shall promptly notify the other party of the existence of the additional324 evidence or material, correct its disclosure, and make this additional evidence or material325 available as provided in this article.326 (d) Upon a sufficient showing that a discovery required by thi s article would create a327 substantial threat of physical or economic harm to a witness, t he court may at any time328 S. B. 163 (SUB) - 13 - 26 LC 48 1842S order that the discovery or inspection be denied, restricted, or deferred or make such other329 order as is appropriate. Upon motion by a party, the court may permit the party to make330 such showing, in whole or in part, in the form of a written statement to be inspected by the331 judge alone. If the court enters an order granting relief following such an ex parte showing,332 the entire text of the party's statement shall be sealed and pr eserved in the records of the333 court subject to further order of the court and to be made avai lable to the appellate court334 in the event of an appeal.335 (e) Discovery with respect to alibi witnesses shall be as prov ided for in Code336 Section 17-16-5.337 17-16-5.338 (a) Upon written demand by the state or prosecuting attorney within ten 30 days after339 arraignment, or at such time as the court permits, stating the time, date, and place at which340 the alleged offense was committed, the defendant shall serve within ten days of the demand341 of the state or prosecuting attorney or ten days prior to trial, whichever is later, or as342 otherwise ordered by the court, upon the state or prosecuting attorney a written notice of343 the defendant's intention to offer a defense of alibi. Such notice by the defendant shall state344 the specific place or places at which the defendant claims to have been at the time of the345 alleged offense and the names, addresses, dates of birth, and t elephone numbers of the346 witnesses, if known to the defendant, upon whom the defendant intends to rely to establish347 such alibi unless previously supplied.348 (b) The state or prosecuting attorney shall serve upon the defendant within five days of the349 defendant's written notice but no later than five days before t rial, whichever is later, a350 written notice stating the names, addresses, dates of birth, an d telephone numbers of the351 witnesses, if known to the s tate or prosecuting attorney , upon whom the state or352 prosecuting attorney intends to rely to rebut the defendant's evidence of alibi unl ess353 previously supplied.354 S. B. 163 (SUB) - 14 - 26 LC 48 1842S (c) If prior to or during trial, a party learns of an addition al witness whose identity, if355 known, should have been included in the information furnished under subsection (a) or (b)356 of this Code section, the party shall promptly notify the other party of the existence and357 identity of such additional witness.358 (d) Upon a showing that a disclosure required by this Code sec tion would create a359 substantial threat of physical or economic harm to a witness, t he court may grant an360 exception to any of the requirements of subsections (a) through (c) of this Code section.361 (e) If the defendant withdraws the notice of intention to rely upon an alibi defense, the362 notice and intention to rely upon an alibi defense are not admi ssible. However the ;363 provided, however, that the state or prosecuting attorney may offer any other evidence364 regarding alibi.365 17-16-6.366 Except as provided in subparagraphs (a)(4)(C) and (b)(2)(C) of Code Section 17-16-4, if367 If at any time during the course of the proceedings it is brought to the attention of the court368 that the state or prosecuting attorney has failed to comply with the requirements of this369 article, the court may order the state or prosecuting attorney to permit the discovery or370 inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice371 and bad faith, prohibit the state or prosecuting attorney from introducing the evidence not372 disclosed or presenting the witness not disclosed, or may enter such other order as it deems373 just under the circumstances. If at any time during the course of the proceedings it is374 brought to the attention of the court that the defendant has fa iled to comply with the375 requirements of this article, the court may order the defendant to permit the discovery or376 inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice377 and bad faith, prohibit the defendant from introducing the evid ence not disclosed or378 presenting the witness not disclosed, or may enter such other order as it deems just under379 the circumstances. The court may specify the time, place, and manner of making the380 S. B. 163 (SUB) - 15 - 26 LC 48 1842S discovery, inspection, and interview and may prescribe such terms and conditions as are381 just.382 17-16-7.383 Within 30 days of the defendant's arraignment but no later than 30 days prior to trial, No384 later than ten days prior to trial or at such time as the court permits, or at the time of any385 post-indictment pretrial evidentiary hearing other than a bond hearing, the prosecution state386 or prosecuting attorney or the defendant shall produce for the opposing party any statement387 of any a witness that is in the possession, custody, or control of the state or prosecution388 prosecuting attorney or in the possession, custody, or control of the defendant or the389 defendant's counsel that relates to the subject matter concerni ng the testimony of the390 witness that the party in possession, custody, or control of the statement intends to call as391 a witness at trial or at such post-indictment pretrial evidentiary hearing.392 17-16-8.393 (a) The state or prosecuting attorney shall, not later than ten days before trial within ten394 days of the defendant's arraignment , and the defendant's attorney, within ten days after395 compliance by the state or prosecuting attorney but no later than five ten days prior to trial,396 or as otherwise ordered by the court, shall furnish to the opposing counsel as an officer of397 the court, in confidence, the names, current locations, dates of birth, and telephone numbers398 of that party's witnesses, unless for good cause the judge allo ws an exception to this399 requirement, in which event the counsel shall be afforded an opportunity to interview such400 witnesses prior to the witnesses being called to testify.401 (b) Nothing in this Code section shall be construed to require the state or prosecuting402 attorney to furnish the home address, date of birth, or home telephone number of a witness403 who is a law enforcement officer or a nonsworn employee of a law enforcement agency. 404 Instead, in such cases, the state or prosecuting attorney shall furnish to the attorney for the405 S. B. 163 (SUB) - 16 - 26 LC 48 1842S accused, or, if pro se, to the accused, the current work location and work phone number of406 the law enforcement officer or nonsworn employee of a law enforcement agency.407 (c) Any formerly employed or retired law enforcement officer or nonsworn employee of408 a law enforcement agency may use the address and phone number of the last agency where409 he or she was employed as his or her contact information for purposes of this Code section. 410 Use of this subsection by an officer or employee shall constitute a waiver of any claim by411 such officer or employee as to any defect of service or notice of hearing if the service or412 notice was provided to the designated law enforcement agency an d shall impose an413 affirmative obligation on such officer or employee to keep curr ent his or her personal414 address and phone number information with such agency.415 17-16-9.416 Any party providing documents or statements to another party under this article shall be417 reimbursed for the actual cost incurred in providing such docum ents. If the court has418 determined the defendant to be indigent, the court shall determ ine the means of419 reimbursement.420 17-16-10.421 The defendant need not include in materials and information fur nished to the state or422 prosecuting attorney under this article any material or informa tion which the state or423 prosecuting attorney has already furnished to the defendant under this article. The state or424 prosecuting attorney need not include in materials and informat ion furnished to the425 defendant under this article any material or information which that defendant has already426 furnished to the state or prosecuting attorney under this article. Either party may call as a427 witness any person listed on either the state's, prosecuting attorney's, or defendant's witness428 list.429 S. B. 163 (SUB) - 17 - 26 LC 48 1842S ARTICLE 2430 17-16-20.431 The provisions of this This article shall apply only to misdemeanor cases or to felony cases432 docketed, indicted, or in which an accusation was returned prior to January 1, 1995, if the433 in city, municipal, recorder's, probate, and any other court wh erein a jury cannot be434 empaneled, unless the state or prosecuting attorney and the defendant do not agree in435 writing that the provisions of Article 1 of this chapter shall apply.436 17-16-21.437 (a) Prior to arraignment, every person charged with a criminal offense shall be furnished438 with a copy of the indictment or accusation and, on demand, with a list of the witnesses on439 whose testimony the charge against such person is founded. Wit hout the consent of the440 defendant, no witness shall be permitted to testify for the state whose name does not appear441 on the list of witnesses as furnished to the defendant unless the prosecuting attorney shall442 state that the evidence sought to be presented is newly discovered evidence which the state443 or prosecuting attorney was not aware of at the time of its furnishing the defendant with a444 list of the witnesses.445 (b) Nothing in this Code section shall be construed to require any person charged with a446 criminal offense to be furnished the home address, date of birth, or home telephone number447 of a witness who is a law enforcement officer or a nonsworn emp loyee of a law448 enforcement agency. Instead, in such cases, such person shall be furnished with the current449 work location and work phone number of the law enforcement offi cer or nonsworn450 employee of a law enforcement agency.451 (c) Any formerly employed or retired law enforcement officer or nonsworn employee of452 a law enforcement agency may use the address and phone number of the last agency where453 he or she was employed as his or her contact information for purposes of this Code section. 454 S. B. 163 (SUB) - 18 - 26 LC 48 1842S Use of this subsection by an officer or employee shall constitute a waiver of any claim by455 such officer or employee as to any defect of service or notice of hearing if the service or456 notice was provided to the designated law enforcement agency an d shall impose an457 affirmative obligation on such officer or employee to keep curr ent his or her personal458 address and phone number information with such agency.459 17-16-22.460 (a) At least ten days prior to the trial of the case, the defendant shall be entitled to have a461 copy of any statement given by the defendant while in police custody. The defendant may462 make such request for a copy of any such statement, in writing, within any reasonable463 period of time prior to trial.464 (b) If the defendant's statement is oral or partially oral, the prosecution state or prosecuting465 attorney shall furnish, in writing, all relevant and material portions of the defendant's466 statement.467 (c) Failure of the prosecution state or prosecuting attorney to comply with a defendant's468 timely written request for a copy of such defendant's statement , whether written or oral,469 shall result in such statement being excluded and suppressed from the prosecution's state's470 or prosecuting attorney's use in its case-in-chief or in rebuttal.471 (d) If the defendant's statement is oral, no relevant and mate rial, incriminating or472 inculpatory, portion of the statement of the defendant may be used against the defendant473 unless it has been previously furnished to the defendant, if a timely written request for a474 copy of the statement has been made by the defendant.475 (e) This Code section shall not apply to evidence discovered after a request has been filed. 476 If a request has been filed, such evidence shall be produced as soon as possible after it has477 been discovered.478 S. B. 163 (SUB) - 19 - 26 LC 48 1842S 17-16-23.479 (a) As used in this Code section, the term 'written scientific reports' includes, but is not480 limited to, reports from the Division of Forensic Sciences of t h e G e o r g i a B u r e a u o f481 Investigation; an autopsy report by the coroner of a county or by a private pathologist;482 blood alcohol test results done by a law enforcement agency or a private physician; and483 similar types of reports that would be used as scientific evidence by the prosecution in its484 case-in-chief or in rebuttal against the defendant.485 (b)(a) In all criminal trials under this article the defendant shall be entitled to have a486 complete copy of any written scientific reports in the possession of the prosecution state487 or prosecuting attorney which will be introduced in whole or in part against the defendant488 by the prosecution state or prosecuting attorney in its case-in-chief or in rebuttal. The489 request for a copy of any written scientific reports shall be m ade by the defendant in490 writing at arraignment or within any reasonable time prior to trial. If such written request491 is not made at arraignment, it shall be within the sound discre tion of the trial judge to492 determine in each case what constitutes a reasonable time prior to trial. If the scientific493 report is in the possession of or available to the state or prosecuting attorney, the state or494 prosecuting attorney must shall comply with this Code section at least ten days prior to the495 trial of the case.496 (c)(b) Failure by the prosecution state or prosecuting attorney to furnish the defendant with497 a copy of any written scientific report, when a proper and timely written demand has been498 made by the defendant, shall result in such report being exclud ed and suppressed from499 evidence in the prosecution's state's or prosecuting attorney's case-in-chief or in rebuttal."500 SECTION 5.501 Article 6 of Chapter 2 of Title 21 of the Official Code of Geor gia Annotated, relating to502 registration of voters, is amended by revising Code Section 21- 2-225.1, relating to503 confidentiality of address of registered electors, term of request, and procedure, as follows: 504 S. B. 163 (SUB) - 20 - 26 LC 48 1842S "(a)(1) Any registered elector in this state who has may request that the board of505 registrars of such elector's county of residence make the elect or's residence address506 confidential when such elector:507 (A) Has obtained a protective order under Code Section 19-13-4 or unde r a similar508 provision of law in another state; or who has509 (B) Has obtained a restraining order or protective order under Code Section 16-5-94510 or under a similar provision of law in another state may request the board of registrars511 of such elector's county of residence to make such elector's re sidence address512 confidential; or513 (C) Is a law enforcement officer, as defined in Code Section 50-18-78.514 (2) An elector who is a bona fide resident of a family violence shelter, as defined in Code515 Section 19-13-20, may request to have his or her address made c onfidential without516 having to obtain a restraining order or protective order.517 (b)(1) Any registered elector who submits a request for confid entiality under the518 provisions of subsection (a) of this Code section shall provide Upon the filing of a request519 with an affidavit under oath with such request to the board of registrars by a registered520 elector stating that the elector:521 (A) Has h a s obtained a protective order under Code Section 19-13-4 or simi lar522 provision of law from another state; or523 (B) Has a restraining order or protective order under Code Section 16-5-94 or a similar524 provision of law of another state; or, if the elector is525 (C) Is a law enforcement officer, in which case such affidavit shall be accompanied526 either by a copy of such elector's Georgia Peace Officer Standards and Training Council527 certification confirming active status or by written documentat ion from the law528 enforcement agency employing such elector verifying that such e lector is currently529 employed as a law enforcement officer at such agency; or530 S. B. 163 (SUB) - 21 - 26 LC 48 1842S (D) Is a resident of a family violence shelter, as defined in Code Section 19-13-20, in531 which case such affidavit shall be accompanied by a certification by the operators of532 such family violence shelter that such elector is a bona fide resident of such the shelter,.533 (2) Such the registrars shall immediately review such request and supporting documents534 and, if such request and documentation is are sufficient, shall approve the request and535 immediately take such steps as necessary to make the residence address of the elector536 confidential.537 (c) A request under this Code section, once approved, shall be effective for a period of four538 years following its approval by the registrars and may be renewed for additional four-year539 periods by the filing of a new request with the supporting docu mentation required by540 subsection (b) of this Code section prior to the end of each four-year period. If the elector541 registers to vote in another county in this state or another st ate, a new request for542 confidentiality of the elector's residence address with the sup porting documentation543 required in subsection (b) of this Code section shall be filed with the new county in order544 to continue the confidentiality of the elector's residence address or the confidentiality shall545 terminate.546 (d) The Secretary of State shall provide by procedure, rule, o r regulation for the547 mechanism by which such information shall be made confidential on the voter registration548 data base and may provide for forms for use in making such requ ests and for the use of549 alternate addresses for electors who file requests for the confidentiality of their residence550 addresses.551 (e) Information made confidential pursuant to this Code sectio n shall not be subject to552 disclosure under Article 4 of Chapter 18 of Title 50, relating to open records."553 SECTION 6.554 Article 2 of Chapter 13 of Title 24 of the Official Code of Geo rgia Annotated, relating to555 subpoenas and notice to produce, is amended by revising subsect ion (a) of Code556 S. B. 163 (SUB) - 22 - 26 LC 48 1842S Section 24-13-23, relating to a subpoena for production of documentary evidence and motion557 to quash or modify, as follows:558 "(a) A subpoena may also command the person to whom it is direc ted to produce the559 evidence designated therein. Such subpoena shall be served in accordance with Code560 Section 24-13-24."561 SECTION 7.562 Said article is further amended by revising Code Section 24-13- 24, relating to service of563 subpoenas, as follows:564 "24-13-24.565 (a) As used in this Code section, the term:566 (1) 'Child advocacy center' shall have the same meaning as set forth in Code567 Section 49-5-40.568 (2) 'Law enforcement support personnel' shall have the same me aning as set forth in569 Code Section 35-8-2.570 (3) 'Law enforcement unit' shall have the same meaning as set forth in Code571 Section 35-8-2.572 (4) 'Peace officer' shall have the same meaning as set forth in Code Section 35-8-2.573 (b) Any law enforcement unit employing peace officers, law enf orcement support574 personnel, or child advocacy centers whose purpose is to conduct forensic interviews at the575 direction of or in cooperation with a law enforcement unit shall:576 (1) Designate one or more individuals upon whom subpoenas shall be served;577 (2) Make such designation in writing; and 578 (3) Immediately provide notice to any person upon request, orally or in writing, of the579 designated individual or individuals.580 (c) A subpoena may be served by:581 S. B. 163 (SUB) - 23 - 26 LC 48 1842S (1) Any any sheriff, by his or her deputy, or by any other person not less than 18 years582 of age. Proof, and proof of such service may be shown by return or certificate endorsed583 on a copy of the subpoena. Subpoenas may also be served by registered; or584 (2) Registered or certified mail or statutory overnight delivery, and the ret urn receipt585 shall constitute prima-facie proof of service.586 (d) Service upon a party may be made by serving his or her counsel of record.587 (e) Service upon peace officers, law enforcement support perso nnel, or child advocacy588 center staff may be made by serving the individual designated under subsection (b) of this589 Code section."590 SECTION 8.591 Code Section 35-3-151 of the Official Code of Georgia Annotated, relating to responsibilities592 of the Division of Forensic Sciences, is amended by revising paragraph (4), as follows:593 "(4) Shall facilitate independent testing or analysis of eviden ce within the possession,594 custody, or control of the division as provided in paragraph (3) of subsection (a) of Code595 Section 17-16-4, relating to discovery in criminal cases;"596 SECTION 9.597 This Act shall become effective on July 1, 2026, and shall appl y to any motion made or598 hearing or trial commenced on or after such date.599 SECTION 10.600 All laws and parts of laws in conflict with this Act are repealed.601 S. B. 163 (SUB) - 24 -