---
title: HB 1255. Criminal procedure; motions and discovery; modify provisions
collection: bills
id: 2025-2026/hb1255
cite_as: HB 1255, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1255
md_url: https://georgiacommons.org/bills/2025-2026/hb1255.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1255/text
source_url: https://www.legis.ga.gov/legislation/73025
date: 2026-03-06
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 199
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1255.md?full=1
bill_number: HB 1255
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-09
last_action: House Committee Favorably Reported By Substitute
sponsors:
- Tyler Smith
- Soo Hong
- Rob Leverett
- Esther Panitch
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1255/2025
upstream_id: 2112267
summaries_model: claude-sonnet-5
topic_tags:
- criminal discovery
- expert witnesses
- criminal procedure reform
- subpoenas
- forensic evidence
---
# HB 1255. Criminal procedure; motions and discovery; modify provisions
## Text
The House Committee on Judiciary, Non-Civil offers the following substitute to HB 1255:
A BILL TO BE ENTITLED
AN ACT
To amend Title 17 and Article 2 of Chapter 13 of Title 24 of the Official Code of Georgia
Annotated, relating to criminal procedure and subpoenas and notice to produce, respectively,
so as to modify provisions relating to motions and discovery in criminal cases; to modernize
discovery processes; to provide for notice of accusations and indictments; to provide for
definitions; to provide for reciprocal discovery information by the accused in certain
misdemeanor cases; to provide for procedures; to revise provisions relating to expert
witnesses and disclosures; to revise provisions relating to service of subpoenas; to amend
Code Section 35-3-151 of the Official Code of Georgia Annotated, relating to responsibilities
of the Division of Forensic Sciences, so to correct a cross-reference; to provide for related
matters; to provide for an effective date and applicability; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure is
amended by revising Code Section 17-7-54, relating to form of indictment by grand jury, by
adding a new subsection to read as follows:
"(c) An indictment substantially complying with the forms provided in this Code section
shall in all cases be sufficient and the state shall mail or email a copy of an indictment filed
with the court to the defendant and his or her attorney of record, if known, within five days
of such filing, unless such defendant's arraignment is scheduled to occur within such
five-day period."
SECTION 2.
Said title is further amended by revising subsection (c) of Code Section 17-7-70.1, relating
to trial upon accusations in certain felony and misdemeanor cases and trial upon plea of
guilty or nolo contendere, as follows:
"(c) An accusation substantially complying with the form forms provided in
subsections (d) and (e) of Code Section 17-7-71 shall in all cases be sufficient and the state
shall mail a copy of an accusation filed with the court to the defendant and his or her
attorney of record, if known, within five days of such filing, unless such defendant's
arraignment is scheduled to occur within such five-day period."
SECTION 3.
Said title is further amended by revising Code Section 17-7-110, relating to time for filing
pretrial motions, as follows:
"17-7-110.
All Unless the time for filing is extended by the court, all pretrial motions, including
demurrers and special pleas, shall be filed within ten days after the date of arraignment,
unless the time for filing is extended by the court; provided, however, that, when the
accused has opted into discovery pursuant to Article 1 of Chapter 16 of this title, such
pretrial motions shall be filed within 30 days of the state's or prosecuting attorney's
compliance with its discovery obligations and not later than 30 days prior to trial. If the
state or prosecuting attorney serves discovery within 30 days of trial, the state shall file a
notice with the court identifying such items served. The court shall determine whether the
defendant may file additional motions based upon the items disclosed in the state's notice
and shall set a deadline for the filing of any such motions."
SECTION 4.
Said title is further amended by revising Articles 1 and 2 of Chapter 16, relating to
definitions and felony cases relative to discovery and misdemeanor cases relative to
discovery, respectively, as follows:
"ARTICLE 1
17-16-1.
As used in this chapter, the term:
(1) 'Possession, custody, or control of the state or prosecution prosecuting attorney'
means an item which is within the possession, custody, or control of the state or
prosecuting attorney or any law enforcement agency involved in the investigation of the
case being prosecuted.
(2) 'Statement of a witness' means:
(A) A written or recorded statement, or copies thereof, made by the witness that is
signed or otherwise adopted or approved by the witness;
(B) A substantially verbatim recital of an oral statement made by the witness that is
recorded contemporaneously with the making of the oral statement and is contained in
a stenographic, mechanical, electrical, body-worn or in-vehicle video or audio camera
recording, or other recording or a transcription thereof; or
(C) A summary of the substance of a statement made by a witness contained in a
memorandum, report, or other type of written document but does shall not include notes
or summaries made by counsel; or
(D) A forensic interview of a witness.
(3) 'Witness' does shall not include the defendant.
(4) 'Written scientific reports' shall include, but shall not be limited to, reports, including
any underlying data related to such reports, from the Division of Forensic Sciences of the
Georgia Bureau of Investigation; an autopsy report by the coroner of a county or by a
private pathologist; blood alcohol test results done by a law enforcement agency or a
private physician; and similar types of reports that would be used as scientific evidence
by the state or prosecuting attorney in its case-in-chief or in rebuttal against the defendant
or the defendant in its case.
17-16-2.
(a)(1) This article shall apply to all criminal cases in which at least one felony offense
is charged in the event that at or prior to arraignment, or at such time as the court permits,
in state or superior courts when the defendant provides written notice to the state or
prosecuting attorney that such defendant elects to have this article apply to the
defendant's case.
(2) When one defendant in a multidefendant case demands discovery under this article
chapter, the provisions of this article chapter shall apply to all defendants in the case,
unless a severance is granted.
(3) An election, once made, shall not be revoked, except as such election relates to a
defendant automatically included in an election pursuant to paragraph (2) of this
subsection who did not make an election for his or her own case.
(b) Except as provided in subsection (c) of this Code section, this article shall not apply
to juvenile court proceedings.
(c) This article shall be deemed to have been automatically invoked, without the written
notice provided for in subsection (a) of this Code section, when a defendant has sought
discovery pursuant to Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' pursuant to
Part 8 of Article 6 of Chapter 11 of Title 15, or pursuant to the Uniform Rules for the
Juvenile Courts of Georgia where when such discovery material is the same as the
discovery material that may be provided under this article when a written notice is filed
pursuant to subsection (a) of this Code section.
(d) Except as provided under Code Section 17-16-8, this article chapter is not intended to
authorize discovery or inspection of attorney work product.
(e) This article shall apply also to all criminal cases in which at least one felony offense
is charged which was docketed, indicted, or in which an accusation was returned prior to
January 1, 1995, if both the prosecuting attorney and the defendant agree in writing that the
provisions of this article shall apply to the case.
(f) Except as provided in paragraph (3) of subsection (b) of Code Section 17-16-4, if a
defendant has elected to have the provisions of this article apply, the provisions of this
article shall also apply to sentencing hearings and the sentencing phase of a death penalty
trial.
(f) Article 2 of this chapter shall apply to all misdemeanor cases in city, municipal,
recorder's, probate, and any other court wherein a jury cannot be empaneled unless the state
or prosecuting attorney and the defendant agree in writing that this article shall apply.
17-16-3.
Prior to or at arraignment, the state or prosecuting attorney shall furnish every person
charged with a criminal offense shall be furnished with a copy of the indictment or
accusation, unless such indictment or accusation was previously furnished pursuant to
Code Section 17-7-54 or Code Section 17-7-70.1, and a list of witnesses. Such witness list
that may be supplemented pursuant to the other provisions of this article.
17-16-4.
(a)(1) The state or prosecuting attorney shall, no later than ten days prior to trial within
30 days of the defendant's arraignment but no later than 30 days prior to trial, or at such
time as the court orders, disclose to the defendant, furnish a copy of, and make available
for inspection, copying, or photographing any relevant written or recorded statements
made by the defendant, or copies thereof, within the possession, custody, or control of the
state or prosecution prosecuting attorney and that portion of any written record containing
the substance of any relevant oral statement made by the defendant, whether before or
after arrest, in response to interrogation by any person then known to the defendant to be
a law enforcement officer or member of the prosecuting attorney's staff. The state or
prosecuting attorney shall also disclose to the defendant, and furnish a copy of the
substance of any other relevant oral statement made by the defendant, before or after
arrest, in response to interrogation by any person then known by the defendant to be a law
enforcement officer or member of the prosecuting attorney's staff if the state intends to
use that statement at trial. The state or prosecuting attorney shall also disclose to the
defendant and furnish a copy of the substance of any other relevant written or oral
statement made by the defendant while in custody, whether or not in response to
interrogation. Statements of coconspirators that are attributable to the defendant and
arguably admissible against the defendant at trial also shall be disclosed under this Code
section. Where When the defendant is a corporation, partnership, association, or labor
union, the court may grant the defendant, upon its motion, discovery of any similar such
statement of any a witness who was:
(A) At the time of the statement, so situated as an officer or employee as to have been
legally able to bind the defendant in respect to conduct constituting the offense; or
(B) At the time of the offense, personally involved in the alleged conduct constituting
the offense and so situated as an officer or employee as to have been legally able to
bind the defendant in respect to that alleged conduct in which the witness was involved.
(2) The state or prosecuting attorney shall, no later than ten days prior to trial within 30
days of the defendant's arraignment but no later than 30 days prior to trial, or as otherwise
ordered by the court, furnish to the defendant a copy of the defendant's Georgia Crime
Information Center criminal history, if any, as is within the possession, custody, or
control of the state or prosecution prosecuting attorney. Nothing in this Code section
shall affect the provisions of Code Section 17-10-2.
(3)(A) Except as provided in subparagraph (B) of this paragraph, the state or
prosecuting attorney shall, no later than ten days prior to trial within 30 days of the
defendant's arraignment but no later than 30 days prior to trial, or as otherwise ordered
by the court, provide the defendant with copies of permit the defendant at a time agreed
to by the parties or ordered by the court to inspect and copy or photograph books,;
papers,; documents,; photographs,; tangible objects,; audio and visual tapes, including
tapes created by third parties and data from posted security cameras or automated
license readers, films; and recordings, or copies or portions thereof and to inspect and
photograph buildings or places which are within the possession, custody, or control of
the state or prosecution prosecuting attorney and are intended for use by the state or
prosecuting attorney as evidence in whole or in part in the prosecution's state's or
prosecuting attorney's case-in-chief or rebuttal at the trial, or were obtained from or
belong to the defendant so long as such items are capable of being copied; provided,
however, that, when any such item is not capable of being copied, the state or
prosecuting attorney shall permit the defendant at a time agreed to by the parties or
ordered by the court to inspect and copy or photograph such items. The state or
prosecuting attorney shall also allow the defendant to inspect and photograph buildings
or places which are within the possession, custody, or control of the state or prosecuting
attorney and are intended for use by the state or prosecuting attorney as evidence in
whole or in part in the state's or prosecuting attorney's case-in-chief or rebuttal at the
trial, or were obtained from or belong to the defendant. Evidence that is within the
possession, custody, or control of the Forensic Sciences Division Division of Forensic
Sciences of the Georgia Bureau of Investigation or other laboratory for the purpose of
testing and analysis may be examined, tested, and analyzed at the facility where the
evidence is being held pursuant to reasonable rules and regulations adopted by the
Forensic Sciences Division Division of Forensic Sciences of the Georgia Bureau of
Investigation or the laboratory where the evidence is being held.
(B) With respect to any books,; papers,; documents,; photographs,; tangible objects,;
audio and visual tapes, including tapes created by third parties and data from posted
security cameras and automated license readers; films; and recordings, or copies or
portions thereof which are within the possession, custody, or control of the state or
prosecution prosecuting attorney and are intended for use by the state or prosecuting
attorney as evidence in whole or in part in the prosecution's state's or prosecuting
attorney's case-in-chief or rebuttal at the trial of any violation of Part 2 of Article 3 of
Chapter 12 of Title 16, such evidence shall, no later than ten days prior to trial, within
30 days of the defendant's arraignment but no later than 30 days prior to trial, or as
otherwise ordered by the court, be allowed to be inspected by the defendant but shall
not be allowed to be copied.
(4)(A) The state or prosecuting attorney shall, no later than ten days prior to trial,
within 30 days of the defendant's arraignment but no later than 30 days prior to trial, or
as otherwise ordered by the court, permit the defendant at a time agreed to by the
parties or ordered by the court to inspect and copy or photograph a report furnish copies
of reports of any physical or mental examinations and of written scientific reports, tests,
or experiments, including a summary of the basis for the expert opinion rendered in the
report, or copies thereof, if the state or prosecuting attorney intends to introduce in
evidence in whole or in part in its case-in-chief or in rebuttal the results of the physical
or mental examination or written scientific reports, test tests, or experiment
experiments. If no such report exists at the time of arraignment, such report shall be
furnished to the defendant within ten days of its receipt but not later than 30 days prior
to trial. If the report is oral or partially oral, the state or prosecuting attorney shall
reduce all relevant and material oral portions of such report to writing and shall serve
opposing counsel the defendant with such portions no later than ten 30 days prior to
trial. Nothing in this Code section shall require the disclosure of any other material,
note, or memorandum relating to the psychiatric or psychological treatment or therapy
of any victim or witness.
(B) With respect to expert witnesses, the state or prosecuting attorney shall disclose to
the defendant, in writing, within 30 days of arraignment but no later than 30 days prior
to trial, or as otherwise ordered by the court, the following:
(i) A complete statement of all opinions that the state or prosecuting attorney will
elicit from the witness pursuant to Code Section 24-7-702, 24-7-703, or 24-7-705 in
its case-in-chief, or during its rebuttal to counter testimony that the defendant has
timely disclosed;
(ii) The bases and reasons for the opinions, including a summary of the basis for such
opinion;
(iii) All technical notes and data supporting conclusions, results, or findings of such
witness;
(iv) All documents relating to any peer review, examination, consultation, or other
verification provided for any conclusions, results, or findings by such witness;
(v) All standards, protocols, policies, procedures, manuals, and guidelines serving as
the basis of such witness's opinion;
(vi) The witness's qualifications, including a list of all publications authored by such
witness in the previous ten years; provided, however, that this division shall not apply
to witnesses from the Division of Forensic Sciences of the Georgia Bureau of
Investigation; and
(vii) A list of all other cases in which, during the previous four years, the witness has
testified as an expert at trial or by deposition; provided, however, that this division
shall not apply to witnesses from the Division of Forensic Sciences of the Georgia
Bureau of Investigation.
(C) When the defendant has elected to have this article apply to the defendant's case,
failure by the state or prosecuting attorney to furnish the defendant with a copy of any
written scientific report or summary of an expert's opinion shall, unless the court
determines an alternative remedy is warranted under the circumstances, result in such
report or summary, and any related expert testimony, being excluded and suppressed
from evidence in the state's case-in-chief or in rebuttal.
(5) The state or prosecuting attorney shall, no later than ten days prior to trial, or at such
time as the court orders but in no event later than the beginning of the trial, provide the
defendant with notice of any evidence in aggravation of punishment that the state or
prosecuting attorney intends to introduce in sentencing.
(b)(1) The defendant shall, within ten 30 days of timely compliance by the state or
prosecuting attorney but no later than five ten days prior to trial, or as otherwise ordered
by the court, shall permit the prosecuting attorney at a time agreed to by the parties or as
ordered by the court to inspect and copy or photograph furnish copies of books,; papers,;
documents,; photographs,; tangible objects,; audio and visual tapes, including tapes
created by third parties and data from posted security cameras or automated license
readers; films; and recordings, or copies or portions thereof and permit the state or
prosecuting attorney at a time agreed to by the parties or ordered by the court to inspect
and photograph buildings or places, which are within the possession, custody, or control
of the defendant and which the defendant intends to introduce as evidence in the defense's
case-in-chief or rebuttal case at the trial.
(2)(A) The defendant shall, within ten 30 days of timely compliance by the state or
prosecuting attorney but no later than five 10 days prior to trial, or as otherwise ordered
by the court, permit the prosecuting attorney at a time agreed to by the parties or as
ordered by the court to inspect and copy or photograph furnish copies of a report of any
physical or mental examinations and of scientific tests or experiments, including a
summary of the basis for the expert opinion rendered in the report, or copies thereof,
if the defendant intends to introduce in evidence in the defense's case-in-chief or
rebuttal case the results of the physical or mental examination or scientific test or
experiment. If the report is oral or partially oral, the defendant shall reduce all relevant
and material oral portions of such report to writing and shall serve opposing counsel
with such portions no later than five ten days prior to trial. Nothing in this Code section
shall require the disclosure of any other material, note, or memorandum relating to the
psychiatric or psychological treatment or therapy of any defendant or witness.
(B) With respect to expert witnesses, the defendant shall disclose to the state or
prosecuting attorney, in writing, within 30 days of timely compliance by the state or
prosecuting attorney but no later than ten days prior to trial, or as otherwise ordered by
the court, the following:
(i) A complete statement of all opinions that the defendant will elicit from the witness
pursuant to Code Section 24-7-702, 24-7-703, or 24-7-705 in its case;
(ii) The bases and reasons for the opinions, including a summary of the basis for such
opinion;
(iii) All technical notes and data supporting conclusions, results, or findings of such
witness;
(iv) All documents relating to any peer review, examination, consultation, or other
verification provided for any conclusions, results, or findings by such witness;
(v) All standards, protocols, policies, procedures, manuals, and guidelines serving as
the basis of such witness's opinion;
(vi) The witness's qualifications, including a list of all publications authored by such
witness in the previous ten years; provided, however, that this division shall not apply
to witnesses from the Division of Forensic Sciences of the Georgia Bureau of
Investigation; and
(vii) A list of all other cases in which, during the previous four years, the witness has
testified as an expert at trial or by deposition; provided, however, that this division
shall not apply to witnesses from the Division of Forensic Sciences of the Georgia
Bureau of Investigation.
(C) When the defendant has elected to have this article apply to the defendant's case,
failure by the defendant to furnish the state or prosecuting attorney with a copy of any
written scientific report or summary of an expert's opinion shall, unless the court
determines an alternative remedy is warranted under such circumstances, result in such
report or summary, and any related expert testimony, being excluded and suppressed
from evidence in the defendant's case.
(3)(A) The Unless otherwise ordered by the court, the defendant shall, no later than the
announcement of the verdict of the jury or if the defendant has waived a jury trial at the
time the verdict is published by the court, serve upon the state or prosecuting attorney
all books,; papers,; documents,; photographs,; tangible objects,; audio and visual tapes,
including tapes created by third parties and data from posted security cameras or
automated license readers; films; and recordings, or copies or portions thereof and to
inspect and photograph buildings or places which are within the possession, custody,
or control of the defendant and which the defendant intends to introduce as evidence
in the presentence hearing.
(B) The Unless otherwise ordered by the court, the defendant shall, no later than the
announcement of the verdict of the jury or if the defendant has waived a jury trial at the
time the verdict is published by the court, serve upon the state or prosecuting attorney
all reports of any physical or mental examinations and scientific tests or experiments,
including a summary of the basis for the expert opinions rendered in the reports, or
copies thereof, if the defendant intends to introduce in evidence in the presentence
hearing the results of the physical or mental examination or scientific test or
experiment. If the report is oral or partially oral, the defendant shall reduce all relevant
and material oral portions of such report to writing and shall serve opposing counsel
with such portions.
(C) The defendant shall, no later than five days before the trial commences, serve upon
the state or prosecuting attorney a list of witnesses that the defendant intends to call as
a witness in the presentence hearing. No later than the announcement of the verdict of
the jury or if the defendant has waived a jury trial at the time the verdict is published
by the court, the defendant shall produce for the opposing party counsel any statement
of such witnesses a witness that is in the possession, custody, or control of the
defendants defendant or the defendant's counsel that relates to the subject matter of the
testimony of such witnesses witness unless such statement is protected from disclosure
by the privilege contained in paragraph (5), (6), (7), or (8) of subsection (a) of Code
Section 24-5-501.
(c) If prior to or during trial a party discovers additional evidence or material previously
requested or ordered which is subject to discovery, disclosure, or inspection under this
article, such party shall promptly notify the other party of the existence of the additional
evidence or material, correct its disclosure, and make this additional evidence or material
available as provided in this article.
(d) Upon a sufficient showing that a discovery required by this article would create a
substantial threat of physical or economic harm to a witness, the court may at any time
order that the discovery or inspection be denied, restricted, or deferred or make such other
order as is appropriate. Upon motion by a party, the court may permit the party to make
such showing, in whole or in part, in the form of a written statement to be inspected by the
judge alone. If the court enters an order granting relief following such an ex parte showing,
the entire text of the party's statement shall be sealed and preserved in the records of the
court subject to further order of the court and to be made available to the appellate court
in the event of an appeal.
(e) Discovery with respect to alibi witnesses shall be as provided for in Code
Section 17-16-5.
17-16-5.
(a) Upon written demand by the state or prosecuting attorney within ten 30 days after
arraignment, or at such time as the court permits, stating the time, date, and place at which
the alleged offense was committed, the defendant shall serve within ten days of the demand
of the state or prosecuting attorney or ten days prior to trial, whichever is later, or as
otherwise ordered by the court, upon the state or prosecuting attorney a written notice of
the defendant's intention to offer a defense of alibi. Such notice by the defendant shall state
the specific place or places at which the defendant claims to have been at the time of the
alleged offense and the names, addresses, dates of birth, and telephone numbers of the
witnesses, if known to the defendant, upon whom the defendant intends to rely to establish
such alibi unless previously supplied.
(b) The state or prosecuting attorney shall serve upon the defendant within five days of the
defendant's written notice but no later than five days before trial, whichever is later, a
written notice stating the names, addresses, dates of birth, and telephone numbers of the
witnesses, if known to the state or prosecuting attorney, upon whom the state or
prosecuting attorney intends to rely to rebut the defendant's evidence of alibi unless
previously supplied.
(c) If prior to or during trial, a party learns of an additional witness whose identity, if
known, should have been included in the information furnished under subsection (a) or (b)
of this Code section, the party shall promptly notify the other party of the existence and
identity of such additional witness.
(d) Upon a showing that a disclosure required by this Code section would create a
substantial threat of physical or economic harm to a witness, the court may grant an
exception to any of the requirements of subsections (a) through (c) of this Code section.
(e) If the defendant withdraws the notice of intention to rely upon an alibi defense, the
notice and intention to rely upon an alibi defense are not admissible. However; provided,
however, that the state or prosecuting attorney may offer any other evidence regarding
alibi.
17-16-6.
Except as provided in subparagraphs (a)(4)(C) and (b)(2)(C) of Code Section 17-16-4, If
if at any time during the course of the proceedings it is brought to the attention of the court
that the state or prosecuting attorney has failed to comply with the requirements of this
article, the court may order the state or prosecuting attorney to permit the discovery or
inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice
and bad faith, prohibit the state or prosecuting attorney from introducing the evidence not
disclosed or presenting the witness not disclosed, or may enter such other order as it deems
just under the circumstances. If at any time during the course of the proceedings it is
brought to the attention of the court that the defendant has failed to comply with the
requirements of this article, the court may order the defendant to permit the discovery or
inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice
and bad faith, prohibit the defendant from introducing the evidence not disclosed or
presenting the witness not disclosed, or may enter such other order as it deems just under
the circumstances. The court may specify the time, place, and manner of making the
discovery, inspection, and interview and may prescribe such terms and conditions as are
just.
17-16-7.
No later than ten days prior to trial Within 30 days of the defendant's arraignment but no
later than 30 days prior to trial, or at such time as the court permits, or at the time of any
post-indictment pretrial evidentiary hearing other than a bond hearing, the prosecution state
or prosecuting attorney or the defendant shall produce for the opposing party any statement
of any a witness that is in the possession, custody, or control of the state or prosecution
prosecuting attorney or in the possession, custody, or control of the defendant or the
defendant's counsel that relates to the subject matter concerning the testimony of the
witness that the party in possession, custody, or control of the statement intends to call as
a witness at trial or at such post-indictment pretrial evidentiary hearing.
17-16-8.
(a) The state or prosecuting attorney shall, not later than ten days before trial within ten
days of the defendant's arraignment, and the defendant's attorney, within ten days after
compliance by the state or prosecuting attorney but no later than five ten days prior to trial,
or as otherwise ordered by the court, shall furnish to the opposing counsel as an officer of
the court, in confidence, the names, current locations, dates of birth, and telephone numbers
of that party's witnesses, unless for good cause the judge allows an exception to this
requirement, in which event the counsel shall be afforded an opportunity to interview such
witnesses prior to the witnesses being called to testify.
(b) Nothing in this Code section shall be construed to require the state or prosecuting
attorney to furnish the home address, date of birth, or home telephone number of a witness
who is a law enforcement officer or a nonsworn employee of a law enforcement agency.
Instead, in such cases, the state or prosecuting attorney shall furnish to the attorney for the
accused, or, if pro se, to the accused, the current work location and work phone number of
the law enforcement officer or nonsworn employee of a law enforcement agency.
(c) Any formerly employed or retired law enforcement officer or nonsworn employee of
a law enforcement agency may use the address and phone number of the last agency where
he or she was employed as his or her contact information for purposes of this Code section.
Use of this subsection by an officer or employee shall constitute a waiver of any claim by
such officer or employee as to any defect of service or notice of hearing if the service or
notice was provided to the designated law enforcement agency and shall impose an
affirmative obligation on such officer or employee to keep current his or her personal
address and phone number information with such agency.
17-16-9.
Any party providing documents or statements to another party under this article shall be
reimbursed for the actual cost incurred in providing such documents. If the court has
determined the defendant to be indigent, the court shall determine the means of
reimbursement.
17-16-10.
The defendant need not include in materials and information furnished to the state or
prosecuting attorney under this article any material or information which the state or
prosecuting attorney has already furnished to the defendant under this article. The state or
prosecuting attorney need not include in materials and information furnished to the
defendant under this article any material or information which that defendant has already
furnished to the state or prosecuting attorney under this article. Either party may call as a
witness any person listed on either the state's, prosecuting attorney's, or defendant's witness
list.
ARTICLE 2
17-16-20.
The provisions of this This article shall apply only to misdemeanor cases or to felony cases
docketed, indicted, or in which an accusation was returned prior to January 1, 1995, if in
city, municipal, recorder's, probate, and any other court wherein a jury cannot be
empaneled, unless the state or prosecuting attorney and the defendant do not agree in
writing that the provisions of Article 1 of this chapter shall apply.
17-16-21.
(a) Prior to arraignment, every person charged with a criminal offense shall be furnished
with a copy of the indictment or accusation and, on demand, with a list of the witnesses on
whose testimony the charge against such person is founded. Without the consent of the
defendant, no witness shall be permitted to testify for the state whose name does not appear
on the list of witnesses as furnished to the defendant unless the prosecuting attorney shall
state that the evidence sought to be presented is newly discovered evidence which the state
or prosecuting attorney was not aware of at the time of its furnishing the defendant with a
list of the witnesses.
(b) Nothing in this Code section shall be construed to require any person charged with a
criminal offense to be furnished the home address, date of birth, or home telephone number
of a witness who is a law enforcement officer or a nonsworn employee of a law
enforcement agency. Instead, in such cases, such person shall be furnished with the current
work location and work phone number of the law enforcement officer or nonsworn
employee of a law enforcement agency.
(c) Any formerly employed or retired law enforcement officer or nonsworn employee of
a law enforcement agency may use the address and phone number of the last agency where
he or she was employed as his or her contact information for purposes of this Code section.
Use of this subsection by an officer or employee shall constitute a waiver of any claim by
such officer or employee as to any defect of service or notice of hearing if the service or
notice was provided to the designated law enforcement agency and shall impose an
affirmative obligation on such officer or employee to keep current his or her personal
address and phone number information with such agency.
17-16-22.
(a) At least ten days prior to the trial of the case, the defendant shall be entitled to have a
copy of any statement given by the defendant while in police custody. The defendant may
make such request for a copy of any such statement, in writing, within any reasonable
period of time prior to trial.
(b) If the defendant's statement is oral or partially oral, the prosecution state or prosecuting
attorney shall furnish, in writing, all relevant and material portions of the defendant's
statement.
(c) Failure of the prosecution state or prosecuting attorney to comply with a defendant's
timely written request for a copy of such defendant's statement, whether written or oral,
shall result in such statement being excluded and suppressed from the prosecution's state's
or prosecuting attorney's use in its case-in-chief or in rebuttal.
(d) If the defendant's statement is oral, no relevant and material, incriminating or
inculpatory, portion of the statement of the defendant may be used against the defendant
unless it has been previously furnished to the defendant, if a timely written request for a
copy of the statement has been made by the defendant.
(e) This Code section shall not apply to evidence discovered after a request has been filed.
If a request has been filed, such evidence shall be produced as soon as possible after it has
been discovered.
17-16-23.
(a) As used in this Code section, the term 'written scientific reports' includes, but is not
limited to, reports from the Division of Forensic Sciences of the Georgia Bureau of
Investigation; an autopsy report by the coroner of a county or by a private pathologist;
blood alcohol test results done by a law enforcement agency or a private physician; and
similar types of reports that would be used as scientific evidence by the prosecution in its
case-in-chief or in rebuttal against the defendant.
(b) In all criminal trials under this article the defendant shall be entitled to have a complete
copy of any written scientific reports in the possession of the prosecution state or
prosecuting attorney which will be introduced in whole or in part against the defendant by
the prosecution state or prosecuting attorney in its case-in-chief or in rebuttal. The request
for a copy of any written scientific reports shall be made by the defendant in writing at
arraignment or within any reasonable time prior to trial. If such written request is not made
at arraignment, it shall be within the sound discretion of the trial judge to determine in each
case what constitutes a reasonable time prior to trial. If the scientific report is in the
possession of or available to the state or prosecuting attorney, the state or prosecuting
attorney must shall comply with this Code section at least ten days prior to the trial of the
case.
(c)(b) Failure by the prosecution state or prosecuting attorney to furnish the defendant with
a copy of any written scientific report, when a proper and timely written demand has been
made by the defendant, shall result in such report being excluded and suppressed from
evidence in the prosecution's state's or prosecuting attorney's case-in-chief or in rebuttal."
SECTION 5.
Article 2 of Chapter 13 of Title 24 of the Official Code of Georgia Annotated, relating to
subpoenas and notice to produce, is amended by revising subsection (a) of Code
Section 24-13-23, relating to a subpoena for production of documentary evidence and motion
to quash or modify, as follows:
"(a) A subpoena may also command the person to whom it is directed to produce the
evidence designated therein. Such subpoena shall be served in accordance with Code
Section 24-13-24."
SECTION 6.
Said article is further amended by revising Code Section 24-13-24, relating to service of
subpoenas, as follows:
"24-13-24.
(a) As used in this Code section, the term:
(1) 'Child advocacy center' shall have the same meaning as set forth in Code Section
49-5-40.
(2) 'Law enforcement support personnel' shall have the same meaning as set forth in
Code Section 35-8-2.
(3) 'Law enforcement unit' shall have the same meaning as set forth in Code
Section 35-8-2.
(4) 'Peace officer' shall have the same meaning as set forth in Code Section 35-8-2.
(b) Any law enforcement unit employing peace officers, law enforcement support
personnel, or child advocacy centers whose purpose is to conduct forensic interviews at the
direction of or in cooperation with a law enforcement unit shall:
(1) Designate one or more individuals upon whom subpoenas shall be served;
(2) Make such designation in writing; and
(3) Immediately provide notice to any person upon request, orally or in writing, of the
designated individual or individuals.
(c) A subpoena may be served by:
(1) Any any sheriff, by his or her deputy, or by any other person not less than 18 years
of age, and proof of such service. Proof may be shown by return or certificate endorsed
on a copy of the subpoena. Subpoenas may also be served by registered; or
(2) Registered or certified mail or statutory overnight delivery, and the return receipt
shall constitute prima-facie proof of service.
(d) Service upon a party may be made by serving his or her counsel of record.
(e) Service upon peace officers, law enforcement support personnel, or child advocacy
center staff may be made by serving the individual designated under subsection (b) of this
Code section."
SECTION 7.
Code Section 35-3-151 of the Official Code of Georgia Annotated, relating to responsibilities
of the Division of Forensic Sciences, is amended by revising paragraph (4), as follows:
"(4) Shall facilitate independent testing or analysis of evidence within the possession,
custody, or control of the division as provided in paragraph (3) of subsection (a) of Code
Section 17-16-4, relating to discovery in criminal cases;"
SECTION 8.
This Act shall become effective on July 1, 2026, and shall apply to any motion made or
hearing or trial commenced on or after such date.
SECTION 9.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A House Judiciary substitute would overhaul Georgia's criminal discovery rules, setting new deadlines for prosecutors and defendants to exchange evidence and adding detailed disclosure requirements for expert witnesses.
### Plain-language summary
Georgia's discovery law (O.C.G.A. Chapter 16 of Title 17) currently requires prosecutors to turn over most evidence no later than ten days before trial. This bill would replace that fixed deadline in many places with a window tied to arraignment: disclosures generally must happen within 30 days of arraignment but no later than 30 days before trial. It also requires the state to mail or email a copy of an indictment or accusation to the defendant within five days of filing, and it changes when pretrial motions must be filed when a defendant has opted into discovery.
The bill adds new definitions, including for written scientific reports and statements of a witness, expanding the latter to include body-worn or in-vehicle camera recordings and forensic interviews. It creates detailed new disclosure duties for both sides regarding expert witnesses, covering their opinions, technical notes, qualifications, and past testimony, with exclusion of undisclosed expert evidence as a possible penalty. It also updates subpoena service rules for law enforcement and child advocacy center staff and fixes a cross-reference for the Division of Forensic Sciences. The changes take effect July 1, 2026, and apply to motions, hearings, or trials starting on or after that date.
### What it does
- Requires the state to mail or email a copy of a filed indictment or accusation to the defendant within five days, unless arraignment happens first.
- Changes the deadline for filing pretrial motions to 30 days after the state finishes its discovery obligations, when a defendant has opted into discovery.
- Replaces the old '10 days before trial' discovery deadline with a new window: within 30 days of arraignment but no later than 30 days before trial, for evidence, statements, and criminal history records.
- Creates new, detailed disclosure requirements for expert witnesses on both sides, including their opinions, technical notes, peer review materials, qualifications, and prior testimony history.
- Makes failure to disclose an expert's written report or opinion summary result in exclusion of that report and related testimony, unless the court allows an alternative remedy.
- Expands the definition of a witness statement to include body-worn or in-vehicle camera recordings and forensic interviews, and updates subpoena service procedures for law enforcement and child advocacy centers.
### Who it affects
Criminal defendants and their attorneys, prosecutors and district attorneys' offices, law enforcement agencies including the Georgia Bureau of Investigation's Division of Forensic Sciences, expert witnesses such as forensic analysts and medical examiners, child advocacy centers, and courts handling felony and certain misdemeanor cases in Georgia.
### Why it matters
The new timelines would shift when evidence, expert reports, and witness lists must change hands, potentially giving defendants more advance notice of the case against them while requiring prosecutors and defense attorneys to meet earlier deadlines tied to arraignment rather than trial dates, affecting how criminal cases are prepared statewide.
### Key provisions
- Section 1 requires the state to mail or email an indictment to the defendant within five days of filing, unless arraignment is imminent.
- Section 3 revises the pretrial motion deadline (O.C.G.A. § 17-7-110) to run from the state's discovery compliance date when a defendant has opted into discovery, rather than a flat ten days after arraignment.
- Section 4 rewrites Article 1 of Chapter 16 (O.C.G.A. §§ 17-16-1 through 17-16-10), changing most discovery deadlines from ten days before trial to within 30 days of arraignment but no later than 30 days before trial.
- Section 4 adds new expert witness disclosure rules requiring opinions, technical notes, qualifications, and a four-year history of prior expert testimony, with exemptions for Division of Forensic Sciences witnesses on the publication and testimony-history requirements.
- Section 4 provides that failing to disclose an expert report or opinion summary results in exclusion of that evidence unless the court finds an alternative remedy appropriate.
- Section 4 extends reciprocal discovery rules in Article 2 to misdemeanor cases in city, municipal, recorder's, probate, and similar courts unless both sides agree to use Article 1 instead.
- Section 6 rewrites subpoena service rules (O.C.G.A. § 24-13-24) to require law enforcement units and child advocacy centers to designate specific individuals for receiving subpoenas.
- Section 8 sets the effective date as July 1, 2026, applying to motions, hearings, or trials commenced on or after that date.
## Status
- Status: Introduced (2026-02-09)
- Last action: House Committee Favorably Reported By Substitute (2026-03-06)
- Sponsors: Tyler Smith, Soo Hong, Rob Leverett, Esther Panitch
- Official page: https://www.legis.ga.gov/legislation/73025
> The history, votes, and amendments (199 characters) are at https://georgiacommons.org/bills/2025-2026/hb1255.md?full=1