HB525: HB525 Criminal procedure; discovery in misdemeanor cases; change provisions

Under current Georgia law (O.C.G.A. Chapter 16 of Title 17), discovery in misdemeanor cases is mostly one-directional: the prosecuting attorney has to give the defendant a witness list, but the defendant faces few matching obligations. House Bill 525 changes that by making discovery reciprocal in cases where the defendant elects to have this discovery article apply. The bill requires the prosecuting attorney to give the defendant a witness list, including names, addresses, dates of birth, and phone numbers, at least ten days before trial. It then requires the defendant to give the prosecuting attorney a similar witness list within ten days of receiving the state's list (but no later than five days before trial). It also adds a formal alibi notice process: if the defendant plans to argue they were somewhere else when the crime happened, they must tell the prosecutor where and list supporting witnesses, and the state can respond with rebuttal witnesses. Courts can order compliance, grant continuances, or exclude undisclosed evidence or witnesses from either side, including the defense, if there is bad faith and prejudice.

• Requires defendants in misdemeanor cases who elect to use this discovery process to give prosecutors a witness list, including names, addresses, birth dates, and phone numbers, before trial.
• Requires prosecutors to provide their own witness list with the same contact details at least ten days before trial, with exceptions for law enforcement officers' home information.
• Creates a formal alibi notice procedure requiring the defendant to disclose where they claim to have been and which witnesses support that claim.
• Lets prosecutors respond to an alibi notice with a list of rebuttal witnesses within five days.
• Extends the court's existing enforcement powers, including excluding evidence or witnesses for bad-faith noncompliance, so they apply equally to defendants who fail to meet these new disclosure duties.
• Clarifies that ongoing discovery duties (such as disclosing scientific reports and defendant statements) only kick in when the defendant elects to have this discovery article govern their case.

People charged with misdemeanors in Georgia (and certain older felony cases) who choose to use this discovery process, along with their defense attorneys, prosecuting attorneys, and judges handling those cases. Law enforcement officers and nonsworn law enforcement employees who serve as witnesses are also affected by special rules protecting their home addresses and phone numbers.

Defendants would gain earlier access to the state's witness list and evidence, but in exchange would have to reveal their own witnesses and any alibi defense before trial, information prosecutors could use to prepare cross-examination or rebuttal, changing how misdemeanor trials are litigated in Georgia courtrooms.

• Section 1 rewrites O.C.G.A. § 17-16-21 to add a new subsection (b) requiring prosecutors to give witness lists with contact details at least ten days before trial, and subsection (c) requiring defendants to reciprocate with their own witness list.
• Section 1 adds subsection (d) to § 17-16-21 requiring either side to promptly disclose newly discovered witnesses as trial approaches.
• Section 1 revises § 17-16-25 to create an alibi notice process: the defendant must state where they claim to have been and list supporting witnesses within ten days of the state's discovery response.
• Section 1 gives prosecutors five days after an alibi notice to disclose rebuttal witnesses, and lets courts grant exceptions if disclosure would create a substantial threat of physical or economic harm to a witness.
• Section 1 revises § 17-16-26 so that courts can order discovery, grant continuances, or exclude evidence or witnesses not only when the state fails to comply but also when the defendant fails to comply, if there is bad faith and prejudice.
• Section 1 keeps existing protections for law enforcement witnesses' home addresses, allowing them to use their work location and phone number instead.
• Section 2 repeals any conflicting laws.

1. 2025-02-21House Second Readers (House)
2. 2025-02-20House First Readers (House)
3. 2025-02-19House Hopper (House)

• Joseph Gullett (R, HD-019)Primary sponsor
• Tyler Smith (R, HD-018)

• criminal procedure
• misdemeanor trials
• discovery rules
• alibi defense
• witness disclosure