Georgia CommonsSenate · Introduced · 2025-2026 Regular Session
SB 202: Discovery; discovery in misdemeanor cases; change provisions
Last action March 6, 2026 · Senate Tabled
A Georgia Senate bill would overhaul how evidence sharing works in misdemeanor criminal cases, letting defendants opt into a two-way discovery process similar to what already applies in felony cases.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest the General Assembly's website lists.
In plain language
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.
What the bill does
- 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.
Who it affects
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.
Why it matters
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.
Key provisions
- 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.
From the bill
“the defendant provides written notice to the prosecuting attorney that such defendant elects to have this article apply to the defendant's case”
“upon a showing of prejudice and bad faith, prohibit the state 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”
“Nothing in this article shall supersede the prosecuting attorney's duty to disclose all evidence, known or that may become known to him or her, favorable to the defendant and material either to guilt or punishment.”
Discussed in meetings (4)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
Senate Judiciary Committee, February 23, 2026
From 2:37:18 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said SB 202 would let misdemeanor defendants elect reciprocal evidence sharing, establish deadlines and allow judges to exclude evidence or witnesses for noncompliance. An Augusta solicitor general said current law requires prosecutors to disclose only limited materials and requires no defense witness list. The solicitor said the bill would expand prosecution disclosures and require defense disclosures, reducing surprise witnesses and experts. A member questioned whether seeking discovery in a separate civil case could automatically trigger the criminal rules. The solicitor said no; the sponsor suggested the language concerned medical or blood-test records. Prosecutors from Forsyth and Paulding counties supported the bill, citing trial preparation and victims' interests. The Paulding witness said the Solicitor General Association supported it. A witness for the Georgia Association of Criminal Defense Lawyers agreed with reciprocal discovery but sought a delay, saying ongoing negotiations on HB 1255 addressed both felony and misdemeanor cases, longer review timelines and subpoena procedures. The witness argued the proposed rules did not address large volumes of digital evidence. The sponsor and Augusta solicitor urged immediate passage while broader negotiations continued. The committee unanimously approved the bill without amendment.
Senate Rules Committee, March 5, 2026
From 0:37:44 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said SB 202 would require defendants in misdemeanor cases to share discovery materials with prosecutors. The sponsor said prosecutors already must share their materials with the defense, while the defense has no corresponding requirement, and cited DUI and domestic-violence cases as examples. The committee unanimously included the bill in the floor-calendar package.
Status timeline
- Senate Tabled (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported (Senate)
- Senate Read and Referred (Senate)
- Senate Hopper (Senate)
Sponsors
- Harold Jones II (D, SD-22)
- Michael 'Doc' Rhett (D, SD-33)
- Sheikh Rahman (D, SD-5)
- Russ Goodman (R, SD-8)
- Donzella James (D, SD-28)
Topics
- criminal discovery rules
- misdemeanor cases
- witness lists
- courts and defendants
- evidence disclosure