HB 1255: Criminal procedure; motions and discovery; modify provisions

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.