SB 163: Brady Law Regulations; standards for bringing an action against the government for an unauthorized act relating to regulation of weapons; revise

Under current Georgia law, prosecutors generally had to hand over evidence no later than ten days before trial, and expert witness disclosure rules were less detailed. This bill (a House Judiciary Non-Civil Committee substitute to SB 163) replaces that with a schedule tied to arraignment: prosecutors and defendants who opt into discovery must generally exchange evidence within 30 days of arraignment but no later than 30 days before trial, and prosecutors must mail or email defendants a copy of the indictment or accusation within five days of filing. The bill adds a long list of required disclosures for expert witnesses, including their opinions, technical notes, protocols, and prior testimony history, with mandatory exclusion of expert testimony if these disclosures are not made (subject to court discretion). It also revises Georgia's voter address confidentiality law (O.C.G.A. § 21-2-225.1) to let active law enforcement officers request confidential registration addresses, and updates how subpoenas must be served on law enforcement units and child advocacy centers. The changes take effect July 1, 2026, and apply to motions, hearings, or trials starting on or after that date.

• Requires prosecutors to mail or email defendants a copy of any filed indictment or accusation within five days, unless arraignment happens sooner.
• Sets new discovery deadlines requiring the state to disclose evidence, statements, and criminal history within 30 days of arraignment but no later than 30 days before trial.
• Creates detailed new expert witness disclosure requirements, including opinions, technical data, qualifications, and past testimony, with automatic exclusion of testimony for noncompliance unless a court allows an alternative remedy.
• Lets active law enforcement officers request that county boards of registrars keep their home voter registration address confidential, expanding a protection previously limited mainly to domestic violence victims.
• Changes how subpoenas are served on law enforcement units and child advocacy centers by requiring agencies to designate specific staff to receive them.
• Rewrites deadlines for filing pretrial motions so they run from the state's compliance with discovery rather than a fixed ten days after arraignment.

Prosecutors and defense attorneys handling Georgia criminal cases, criminal defendants, expert witnesses (including forensic scientists), law enforcement officers seeking voter address confidentiality, county boards of registrars, and law enforcement agencies and child advocacy centers that receive subpoenas.

The bill shifts when and how quickly evidence must change hands in criminal cases, which can affect how much time defense attorneys have to review evidence before trial. The new expert witness rules, backed by possible exclusion of testimony for noncompliance, could change how forensic and expert evidence is used in court. Extending address confidentiality to police officers as voters also creates a new privacy protection tied to their profession.

• Section 1 requires the state to mail or email a copy of a filed indictment to the defendant within five days of filing, unless arraignment occurs first.
• Section 3 ties pretrial motion deadlines to the state's discovery compliance, generally requiring motions within 30 days of that compliance and no later than 30 days before trial.
• Section 4 overhauls Chapter 16 discovery rules, setting a 30-day-after-arraignment, 30-day-before-trial deadline for the state to disclose defendant statements, criminal history, physical evidence, and scientific reports.
• Section 4 also creates new expert witness disclosure requirements (opinions, technical data, qualifications, prior testimony lists) and requires exclusion of expert testimony if these disclosures are not timely made, absent an alternative court remedy.
• Section 5 amends O.C.G.A. § 21-2-225.1 to let active law enforcement officers, verified by POST certification or their employing agency, request confidential voter registration addresses.
• Sections 6 and 7 revise subpoena service rules in O.C.G.A. §§ 24-13-23 and 24-13-24, requiring law enforcement units and child advocacy centers to designate staff to receive subpoenas.
• Section 8 corrects a cross-reference in O.C.G.A. § 35-3-151 concerning the Division of Forensic Sciences' role in facilitating independent testing of evidence.
• Section 9 sets the effective date as July 1, 2026, applying to motions, hearings, or trials starting on or after that date.

1. 2026-03-25House Committee Favorably Reported By Substitute (House)
2. 2025-03-25House Withdrawn, Recommitted (House)
3. 2025-03-11House Second Readers (House)
4. 2025-03-10House First Readers (House)
5. 2025-03-06Senate Passed/Adopted By Substitute (Senate)
6. 2025-03-06Senate Third Read (Senate)
7. 2025-02-27Senate Read Second Time (Senate)
8. 2025-02-26Senate Committee Favorably Reported By Substitute (Senate)

• Colton Moore (R, SD-053)Primary sponsor
• Jason Anavitarte (R, SD-031)
• Carden Summers (R, SD-013)
• Blake Tillery (R, SD-019)
• Brian Strickland (R, SD-042)
• Steve Gooch (R, SD-051)
• Brandon Beach (R, SD-021)
• Greg Dolezal (R, SD-027)
• Matt Brass (R, SD-006)
• Randy Robertson (R, SD-029)
• Drew Echols (R, SD-049)
• Bo Hatchett (R, SD-050)
• Ricky Williams (R, SD-025)
• Clint Dixon (R, SD-045)
• Russ Goodman (R, SD-008)
• Tyler Smith (R, HD-018)

1. PassedSenate voteMarch 6, 2025

   33 yea, 23 nay

   Adoption Of Amend #1a By Sen From The 56th To Amend #1 By Sen From The 44th: Senate Vote #181

2. PassedSenate voteMarch 6, 2025

   33 yea, 23 nay

   Passage By Substitute: Senate Vote #182

• criminal discovery reform
• expert witness rules
• voter privacy
• law enforcement protections
• court procedure