SB 202: Discovery; discovery in misdemeanor cases; change provisions

Currently, Georgia misdemeanor cases automatically follow a narrower discovery process under Article 2 of Chapter 16, Title 17 of the Official Code of Georgia Annotated, which mainly requires prosecutors to hand over limited information like witness lists only on request. This bill rewrites that article so a defendant must affirmatively elect, in writing before or at arraignment, to have this discovery process apply to their case. Once a defendant opts in, both sides must exchange witness lists with names, addresses, birth dates, and phone numbers, and the prosecutor must turn over the defendant's police statements, incident reports, scientific reports (such as GBI lab results or autopsy reports), and other evidence like documents and recordings, generally at least ten days before trial. The bill also adds a formal alibi notice process, letting the defendant and prosecutor exchange information about alibi witnesses on a set timetable. It creates a new sanctions provision (Code Section 17-16-26) allowing judges to order discovery, grant continuances, or bar undisclosed evidence or witnesses if either side fails to comply in bad faith. It also preserves prosecutors' existing constitutional duty to disclose evidence favorable to the defendant.

• Requires a misdemeanor defendant to opt into this discovery process in writing before or at arraignment rather than having it apply automatically.
• Requires prosecutors to give defendants a witness list with names, addresses, birth dates, and phone numbers at least ten days before trial once a defendant opts in.
• Requires defendants who opt in to give prosecutors a similar witness list, creating reciprocal (two-way) discovery like in felony cases.
• Requires prosecutors to disclose the defendant's police statements, incident reports, and scientific reports (like lab or autopsy results) at least ten days before trial.
• Creates a formal alibi notice procedure requiring both sides to exchange alibi witness information on a set schedule.
• Adds a new sanctions provision letting judges order discovery, grant continuances, or exclude undisclosed evidence or witnesses if a party fails to comply in bad faith.

People charged with misdemeanors in Georgia, defense attorneys, and prosecuting attorneys in Georgia's courts, since the bill changes how evidence and witness information must be exchanged before a misdemeanor trial. Law enforcement officers listed as witnesses are also affected because special rules govern how their contact information is disclosed.

Defendants would gain access to more detailed evidence, such as police reports, scientific test results, and full witness contact information, but only if they formally opt in, and doing so also obligates them to share their own witness and alibi information with prosecutors. Courts gain new tools to penalize either side for withholding evidence in bad faith.

• Code Section 17-16-20 makes the discovery article apply only when a defendant files written notice electing it, rather than automatically, and extends that election to all defendants in a multidefendant case unless severed.
• Code Section 17-16-21 requires prosecutors to give witness lists with names, addresses, birth dates, and phone numbers at least ten days before trial, and requires defendants to reciprocate with their own witness list.
• Code Section 17-16-22 requires disclosure of the defendant's police statements and incident reports at least ten days before trial once the defendant opts in.
• Code Section 17-16-23 requires disclosure of written scientific reports, such as GBI lab reports or autopsy reports, at least ten days before trial for defendants who opt in.
• New Code Section 17-16-24 lets defendants who opt in inspect and copy documents, photographs, and audio or visual recordings the prosecution plans to use as evidence.
• New Code Section 17-16-25 creates an alibi notice process requiring defendants to disclose alibi witnesses and locations, with prosecutors required to respond with rebuttal witness information.
• New Code Section 17-16-26 allows courts to order discovery, grant continuances, or exclude undisclosed evidence or witnesses if either side fails to comply with the article in bad faith.
• New Code Section 17-16-27 clarifies that the article does not override a prosecutor's existing duty to disclose evidence favorable to the defendant.

1. 2026-03-06Senate Tabled (Senate)
2. 2026-02-25Senate Read Second Time (Senate)
3. 2026-02-24Senate Committee Favorably Reported (Senate)
4. 2025-02-20Senate Read and Referred (Senate)
5. 2025-02-19Senate Hopper (Senate)

• Harold Jones (D, SD-022)Primary sponsor
• Michael Rhett (D, SD-033)
• Sheikh Rahman (D, SD-005)
• Russ Goodman (R, SD-008)
• Donzella James (D, SD-028)

• criminal discovery rules
• misdemeanor cases
• witness lists
• courts and defendants
• evidence disclosure