SB202: SB202 Discovery; discovery in misdemeanor cases; change provisions

Under current Georgia law (O.C.G.A. Chapter 16 of Title 17), misdemeanor discovery mostly runs one way: prosecutors must give defendants a witness list and certain evidence on request, but defendants generally are not required to share information back. This bill rewrites Article 2 of that chapter so that if a misdemeanor defendant elects to use this discovery process, it becomes reciprocal, meaning the defendant must also turn over a witness list, alibi information, and other details to the prosecutor, similar to how discovery already works in felony cases. The bill sets specific deadlines: the prosecutor must give a witness list at least ten days before trial, and the defendant must respond with their own witness list within ten days after that (but no later than five days before trial). It also creates a formal process for alibi notices, requires updates when new witnesses are discovered, and lets judges order sanctions, like excluding evidence or granting a continuance, if either side fails to comply. The changes would apply to misdemeanor cases and to certain older felony cases filed before January 1, 1995.

• Requires a misdemeanor defendant who opts into this discovery article to provide the prosecutor with a witness list, including names, addresses, birth dates, and phone numbers.
• Requires the defendant to give written notice of any alibi defense, including where they claim to have been and who can support that claim.
• Sets specific deadlines for exchanging witness lists and alibi notices, generally ten days before trial for prosecutors and five to ten days after that for defendants.
• Lets either side notify the court if the other side fails to comply, allowing the court to order disclosure, grant a continuance, or bar the undisclosed evidence or witness if there was bad faith and prejudice.
• Preserves the prosecutor's ongoing duty to turn over evidence favorable to the defendant regardless of these procedures.
• Keeps existing protections that let law enforcement witnesses use their work address and phone number instead of personal contact information.

The bill affects people charged with misdemeanors in Georgia, criminal defense attorneys, and prosecuting attorneys in county and municipal courts. It also affects law enforcement officers who testify as witnesses, since separate rules protect their personal contact information.

If a misdemeanor defendant opts into this process, both sides would have to share more information before trial, including witness lists and alibi details that previously only the defendant could demand from prosecutors. This could change trial preparation and give prosecutors new tools to challenge undisclosed defense witnesses or alibi claims.

• Section 1 revises O.C.G.A. § 17-16-21 so prosecutors must give a witness list (names, addresses, birth dates, phone numbers) at least ten days before trial once a defendant elects to use this discovery article.
• The same section requires the defendant to provide a similar witness list to the prosecutor within ten days of receiving the state's list, but no later than five days before trial.
• O.C.G.A. § 17-16-22 is revised to require, upon the defendant's election, that the prosecutor disclose the defendant's police-custody statements and incident reports at least ten days before trial.
• O.C.G.A. § 17-16-23 requires prosecutors to share written scientific reports (such as GBI lab reports or autopsy reports) with the defendant at least ten days before trial if the defendant elects this process.
• New O.C.G.A. § 17-16-25 creates a formal alibi notice procedure, requiring the defendant to disclose alibi witnesses and details within ten days of the state's discovery response, with the state required to respond within five days.
• O.C.G.A. § 17-16-26 allows courts to order continuances, discovery, or, in cases of bad faith and prejudice, exclusion of evidence or witnesses if either the prosecution or defense fails to comply.
• O.C.G.A. § 17-16-27 clarifies that prosecutors still must disclose evidence favorable to the defendant regardless of these new reciprocal discovery rules.

1. 2026-03-06Senate Tabled (Senate)
2. 2026-02-25Senate Read Second Time (Senate)
3. 2026-02-24Senate Committee Favorably Reported (Senate)
4. 2025-02-20Senate Read and Referred (Senate)
5. 2025-02-19Senate Hopper (Senate)

• Harold Jones (D, SD-022)Primary sponsor
• Michael Rhett (D, SD-033)
• Sheikh Rahman (D, SD-005)
• Russ Goodman (R, SD-008)
• Donzella James (D, SD-028)

• criminal discovery rules
• misdemeanor cases
• witness disclosure
• alibi defense
• courtroom procedure