HB 525: Criminal procedure; discovery in misdemeanor cases; change provisions

Currently, Georgia's misdemeanor discovery law lets a defendant request a list of the state's witnesses, but the defendant does not have to share similar information with the prosecution. This bill changes that by making discovery a two-way street. A defendant who wants discovery must formally elect it in writing before or at arraignment, and once elected, the rules apply to every defendant in a multidefendant case unless a severance is granted. Once a defendant elects discovery, the prosecuting attorney must turn over a witness list, statements, police reports, and scientific reports at least ten days before trial. In exchange, the defendant must give the prosecutor a witness list and, if raising an alibi defense, disclose the alibi location and supporting witnesses on a set timetable. The bill also adds a new penalty section allowing courts to exclude evidence or witnesses, grant continuances, or issue other orders if either side fails to comply in bad faith. It preserves the prosecutor's separate duty to turn over favorable evidence to the defense.

• Requires a defendant to make a written election before or at arraignment to have Georgia's misdemeanor discovery article apply, instead of discovery happening automatically on request.
• Creates reciprocal discovery by requiring defendants to give prosecutors a witness list, including names, addresses, dates of birth, and phone numbers, once discovery is elected.
• Adds a new alibi notice requirement (new O.C.G.A. § 17-16-25) forcing defendants to disclose alibi locations and witnesses, with the state required to respond with rebuttal witnesses.
• Adds a new Code section (17-16-24) letting a defendant inspect and copy documents, photographs, tangible objects, and audio or visual recordings the prosecution plans to use at trial.
• Creates a penalty provision (17-16-26) letting courts order discovery, grant continuances, or exclude undisclosed evidence or witnesses if either the prosecution or the defense fails to comply in bad faith.
• Extends the multidefendant discovery election so that one defendant's request applies to all co-defendants unless the court grants a severance.

People charged with misdemeanors in Georgia, defense attorneys, prosecuting attorneys, and law enforcement officers whose contact information may be disclosed as witnesses. County and municipal courts handling misdemeanor cases would apply the new procedures.

Defendants would gain more structured access to police reports, statements, and scientific evidence, but in exchange they would have to disclose their own witnesses and any alibi defense ahead of trial. Failure to comply on either side could lead to excluded evidence, continuances, or other court sanctions.

• Section 1 revises O.C.G.A. § 17-16-20 so the discovery article applies to misdemeanor cases once a defendant files written notice electing to use it, rather than automatically.
• O.C.G.A. § 17-16-21 requires the prosecuting attorney to disclose a witness list at least ten days before trial and requires the defendant to disclose a witness list within ten days after that, but no later than five days before trial.
• O.C.G.A. § 17-16-22 requires the state to disclose the defendant's statements and police incident reports at least ten days before trial once the defendant elects discovery.
• O.C.G.A. § 17-16-23 requires the state to disclose written scientific reports, such as GBI forensic and blood alcohol test results, at least ten days before trial.
• New O.C.G.A. § 17-16-24 gives the defendant the right to inspect and copy documents, photographs, tangible objects, and audio or video recordings the prosecution intends to use at trial.
• New O.C.G.A. § 17-16-25 creates an alibi notice procedure requiring the defendant to disclose alibi details and witnesses, with the state required to respond with rebuttal witness information.
• New O.C.G.A. § 17-16-26 lets courts sanction noncompliance by either the prosecution or the defense, including excluding evidence or witnesses upon a showing of bad faith and prejudice.
• New O.C.G.A. § 17-16-27 clarifies that the article does not override the prosecutor's separate duty to disclose evidence favorable to the defendant.

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 discovery
• witness disclosure
• alibi defense
• court rules