HB1255: HB1255 Criminal procedure; motions and discovery; modify provisions

26 LC 48 1817S 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 Georgia1 Annotated, relating to criminal procedure and subpoenas and notice to produce, respectively,2 so as to modify provisions relating to motions and discovery in criminal cases; to modernize3 discovery processes; to provide for notice of accusations and i ndictments; to provide for4 definitions; to provide for reciprocal discovery information by the accused in certain5 misdemeanor cases; to provide for procedures; to revise provisi ons relating to expert6 witnesses and disclosures; to revise provisions relating to ser vice of subpoenas; to amend7 Code Section 35-3-151 of the Official Code of Georgia Annotated, relating to responsibilities8 of the Division of Forensic Sciences, so to correct a cross-reference; to provide for related9 matters; to provide for an effective date and applicability; to repeal conflicting laws; and for10 other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure is14 amended by revising Code Section 17-7-54, relating to form of indictment by grand jury, by15 adding a new subsection to read as follows:16 H. B. 1255 (SUB) - 1 - 26 LC 48 1817S "(c) An indictment substantially complying with the forms provided in this Code section17 shall in all cases be sufficient and the state shall mail or email a copy of an indictment filed18 with the court to the defendant and his or her attorney of record, if known, within five days19 of such filing, unless such defendant's arraignment is schedule d to occur within such20 five-day period."21 SECTION 2.22 Said title is further amended by revising subsection (c) of Code Section 17-7-70.1, relating23 to trial upon accusations in certain felony and misdemeanor cas es and trial upon plea of24 guilty or nolo contendere, as follows:25 "(c) An accusation substantially complying with the form f o r m s provided in26 subsections (d) and (e) of Code Section 17-7-71 shall in all cases be sufficient and the state27 shall mail a copy of an accusation filed with the court to the defendant and his or her28 attorney of record, if known, within five days of such filing, unless such defendant's29 arraignment is scheduled to occur within such five-day period."30 SECTION 3.31 Said title is further amended by revising Code Section 17-7-110, relating to time for filing32 pretrial motions, as follows:33 "17-7-110.34 All Unless the time for filing is extended by the court, all pretrial motions, including35 demurrers and special pleas, shall be filed within ten days aft er the date of arraignment,36 unless the time for filing is extended by the court ; provided, however, that, when the37 accused has opted into discovery pursuant to Article 1 of Chapt er 16 of this title, such38 pretrial motions shall be filed within 30 days of the state's o r prosecuting attorney's39 compliance with its discovery obligations and not later than 30 days prior to trial. If the40 state or prosecuting attorney serves discovery within 30 days of trial, the state shall file a41 H. B. 1255 (SUB) - 2 - 26 LC 48 1817S notice with the court identifying such items served. The court shall determine whether the42 defendant may file additional motions based upon the items disclosed in the state's notice43 and shall set a deadline for the filing of any such motions."44 SECTION 4.45 Said title is further amended by revising Articles 1 and 2 of C hapter 16, relating to46 definitions and felony cases relative to discovery and misdemea nor cases relative to47 discovery, respectively, as follows:48 "ARTICLE 149 17-16-1.50 As used in this chapter, the term:51 (1) 'Possession, custody, or control of the state or prosecuti on prosecuting attorney '52 means an item which is within the possession, custody, or contr ol of the state or53 prosecuting attorney or any law enforcement agency involved in the investigation of the54 case being prosecuted.55 (2) 'Statement of a witness' means:56 (A) A written or recorded statement, or copies thereof, made b y the witness that is57 signed or otherwise adopted or approved by the witness;58 (B) A substantially verbatim recital of an oral statement made by the witness that is59 recorded contemporaneously with the making of the oral statement and is contained in60 a stenographic, mechanical, electrical, body-worn or in-vehicle video or audio camera61 recording, or other recording or a transcription thereof; or62 (C) A summary of the substance of a statement made by a witnes s contained in a63 memorandum, report, or other type of written document but does shall not include notes64 or summaries made by counsel; or65 H. B. 1255 (SUB) - 3 - 26 LC 48 1817S (D) A forensic interview of a witness.66 (3) 'Witness' does shall not include the defendant.67 (4) 'Written scientific reports' shall include, but shall not be limited to, reports, including68 any underlying data related to such reports, from the Division of Forensic Sciences of the69 Georgia Bureau of Investigation; an autopsy report by the coron er of a county or by a70 private pathologist; blood alcohol test results done by a law e nforcement agency or a71 private physician; and similar types of reports that would be used as scientific evidence72 by the state or prosecuting attorney in its case-in-chief or in rebuttal against the defendant73 or the defendant in its case.74 17-16-2.75 (a)(1) This article shall apply to all criminal cases in which at least one felony offense76 is charged in the event that at or prior to arraignment, or at such time as the court permits,77 in state or superior courts when the defendant provides written notice to the state or78 prosecuting attorney that such defendant elects to have this ar ticle apply to the79 defendant's case.80 (2) When one defendant in a multidefendant case demands discovery under this article81 chapter, the provisions of this article chapter shall apply to all defendants in the case,82 unless a severance is granted.83 (3) An election, once made, shall not be revoked, except as su ch election relates to a84 defendant automatically included in an election pursuant to par agraph (2) of this85 subsection who did not make an election for his or her own case.86 (b) Except as provided in subsection (c) of this Code section, this article shall not apply87 to juvenile court proceedings.88 (c) This article shall be deemed to have been automatically invoked, without the written89 notice provided for in subsection (a) of this Code section, whe n a defendant has sought90 discovery pursuant to Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' pursuant to91 H. B. 1255 (SUB) - 4 - 26 LC 48 1817S Part 8 of Article 6 of Chapter 11 of Title 15, or pursuant to t he Uniform Rules for the92 Juvenile Courts of Georgia where when such discovery material is the same as the93 discovery material that may be provided under this article when a written notice is filed94 pursuant to subsection (a) of this Code section.95 (d) Except as provided under Code Section 17-16-8, this article chapter is not intended to96 authorize discovery or inspection of attorney work product.97 (e) This article shall apply also to all criminal cases in which at least one felony offense98 is charged which was docketed, indicted, or in which an accusation was returned prior to99 January 1, 1995, if both the prosecuting attorney and the defendant agree in writing that the100 provisions of this article shall apply to the case.101 (f) Except as provided in paragraph (3) of subsection (b) of Code Section 17-16-4, if a102 defendant has elected to have the provisions of this article ap ply, the provisions of this103 article shall also apply to sentencing hearings and the sentencing phase of a death penalty104 trial.105 (f) Article 2 of this chapter shall apply to all misdemeanor c ases in city, municipal,106 recorder's, probate, and any other court wherein a jury cannot be empaneled unless the state107 or prosecuting attorney and the defendant agree in writing that this article shall apply.108 17-16-3.109 Prior to or at arraignment, the state or prosecuting attorney shall furnish every person110 charged with a criminal offense shall be furnished with a copy of the indictment or111 accusation, unless such indictment or accusation was previously furnished pursuant to112 Code Section 17-7-54 or Code Section 17-7-70.1, and a list of witnesses. Such witness list113 that may be supplemented pursuant to the other provisions of this article.114 H. B. 1255 (SUB) - 5 - 26 LC 48 1817S 17-16-4.115 (a)(1) The state or prosecuting attorney shall, no later than ten days prior to trial within116 30 days of the defendant's arraignment but no later than 30 days prior to trial, or at such117 time as the court orders, disclose to the defendant, furnish a copy of, and make available118 for inspection, copying, or photographing any relevant written or recorded statements119 made by the defendant, or copies thereof, within the possession, custody, or control of the120 state or prosecution prosecuting attorney and that portion of any written record containing121 the substance of any relevant oral statement made by the defend ant, whether before or122 after arrest, in response to interrogation by any person then known to the defendant to be123 a law enforcement officer or member of the prosecuting attorney 's staff. The state or124 prosecuting attorney shall also disclose to the defendant, and furnish a copy of t h e125 substance of any other relevant oral statement made by the defe ndant, before or after126 arrest, in response to interrogation by any person then known by the defendant to be a law127 enforcement officer or member of the prosecuting attorney's staff if the state intends to128 use that statement at trial . The state or prosecuting attorney shall also disclose to the129 defendant and furnish a copy of the substance of any other relevant written or oral130 statement made by the defendant while in custody, whether or no t in response to131 interrogation. Statements of coconspirators that are attributa ble to the defendant and132 arguably admissible against the defendant at trial also shall be disclosed under this Code133 section. Where When the defendant is a corporation, partnership, association, or labor134 union, the court may grant the defendant, upon its motion, discovery of any similar such135 statement of any a witness who was:136 (A) At the time of the statement, so situated as an officer or employee as to have been137 legally able to bind the defendant in respect to conduct constituting the offense; or138 (B) At the time of the offense, personally involved in the alleged conduct constituting139 the offense and so situated as an officer or employee as to hav e been legally able to140 bind the defendant in respect to that alleged conduct in which the witness was involved.141 H. B. 1255 (SUB) - 6 - 26 LC 48 1817S (2) The state or prosecuting attorney shall, no later than ten days prior to trial within 30142 days of the defendant's arraignment but no later than 30 days prior to trial, or as otherwise143 ordered by the court, furnish to the defendant a copy of the de fendant's Georgia Crime144 Information Center criminal history, if any, as is within the p ossession, custody, or145 control of the state or prosecution prosecuting attorney. Nothing in this Code section146 shall affect the provisions of Code Section 17-10-2.147 (3)(A) Except as provided in subparagraph (B) of this paragrap h, the state or148 prosecuting attorney shall, no later than ten days prior to tri al within 30 days of the149 defendant's arraignment but no later than 30 days prior to trial, or as otherwise ordered150 by the court, provide the defendant with copies of permit the defendant at a time agreed151 to by the parties or ordered by the court to inspect and copy o r photograph books,;152 papers,; documents,; photographs,; tangible objects,; audio and visual tapes, including153 tapes created by third parties and data from posted security ca meras or automated154 license readers, films; and recordings, or copies or portions thereof and to inspect and155 photograph buildings or places which are within the possession, custody, or control of156 the state or prosecution prosecuting attorney and are intended for use by the state or157 prosecuting attorney as evidence in whole or in part in the prosecution's state's or158 prosecuting attorney's case-in-chief or rebuttal at the trial, or were obtained from or159 belong to the defendant so long as such items are capable of be ing copied; provided,160 however, that, when any such item is not capable of being copie d, the state or161 prosecuting attorney shall permit the defendant at a time agree d to by the parties or162 ordered by the court to inspect and copy or photograph such ite m s . T h e s t a t e o r163 prosecuting attorney shall also allow the defendant to inspect and photograph buildings164 or places which are within the possession, custody, or control of the state or prosecuting165 attorney and are intended for use by the state or prosecuting a ttorney as evidence in166 whole or in part in the state's or prosecuting attorney's case-in-chief or rebuttal at the167 trial, or were obtained from or belong to the defendant . Evidence that is within the168 H. B. 1255 (SUB) - 7 - 26 LC 48 1817S possession, custody, or control of the Forensic Sciences Division Division of Forensic169 Sciences of the Georgia Bureau of Investigation or other laboratory for the purpose of170 testing and analysis may be examined, tested, and analyzed at t he facility where the171 evidence is being held pursuant to reasonable rules and regulat ions adopted by the172 Forensic Sciences Division Division of Forensic Sciences of the Georgia Bureau of173 Investigation or the laboratory where the evidence is being held.174 (B) With respect to any books,; papers,; documents,; photographs,; tangible objects,;175 audio and visual tapes, including tapes created by third partie s and data from posted176 security cameras and automated license readers; films; and recordings, or copies or177 portions thereof which are within the possession, custody, or control of the st ate or178 prosecution prosecuting attorney and are intended for use by the state or prosecuting179 attorney as evidence in whole or in part in the prosecution's state's or prosecuting180 attorney's case-in-chief or rebuttal at the trial of any violation of Part 2 of Article 3 of181 Chapter 12 of Title 16, such evidence shall, no later than ten days prior to trial, within182 30 days of the defendant's arraignment but no later than 30 day s prior to trial, or as183 otherwise ordered by the court, be allowed to be inspected by the defendant but shall184 not be allowed to be copied.185 (4)(A) The state or prosecuting attorney shall, no later than ten days prior to tr ial,186 within 30 days of the defendant's arraignment but no later than 30 days prior to trial, or187 as otherwise ordered by the court, permit the defendant at a ti me agreed to by the188 parties or ordered by the court to inspect and copy or photograph a report furnish copies189 of reports of any physical or mental examinations and of written scientific reports, tests,190 or experiments, including a summary of the basis for the expert opinion rendered in the191 report, or copies thereof, if the state or prosecuting attorney intends to introduce in192 evidence in whole or in part in its case-in-chief or in rebuttal the results of the physical193 or mental examination or written scientific reports, t e s t t e s t s , or experiment194 experiments. If no such report exists at the time of arraignme nt, such report shall be195 H. B. 1255 (SUB) - 8 - 26 LC 48 1817S furnished to the defendant within ten days of its receipt but not later than 30 days prior196 to trial. If the report is oral or partially oral, the state or prosecuting attorney shall197 reduce all relevant and material oral portions of such report to writing and shall serve198 opposing counsel the defendant with such portions no later than ten 30 days prior to199 trial. Nothing in this Code section shall require the disclosu re of any other material,200 note, or memorandum relating to the psychiatric or psychological treatment or therapy201 of any victim or witness.202 (B) With respect to expert witnesses, the state or prosecuting attorney shall disclose to203 the defendant, in writing, within 30 days of arraignment but no later than 30 days prior204 to trial, or as otherwise ordered by the court, the following:205 (i) A complete statement of all opinions that the state or pro secuting attorney will206 elicit from the witness pursuant to Code Section 24-7-702, 24-7-703, or 24-7-705 in207 its case-in-chief, or during its rebuttal to counter testimony that the defendant has208 timely disclosed;209 (ii) The bases and reasons for the opinions, including a summary of the basis for such210 opinion;211 (iii) All technical notes and data supporting conclusions, results, or findings of such212 witness;213 (iv) All documents relating to any peer review, examination, consultation, or other214 verification provided for any conclusions, results, or findings by such witness;215 (v) All standards, protocols, policies, procedures, manuals, and guidelines serving as216 the basis of such witness's opinion;217 (vi) The witness's qualifications, including a list of all publications authored by such218 witness in the previous ten years; provided, however, that this division shall not apply219 to witnesses from the Division of Forensic Sciences of the Geor gia Bureau of220 Investigation; and221 H. B. 1255 (SUB) - 9 - 26 LC 48 1817S (vii) A list of all other cases in which, during the previous four years, the witness has222 testified as an expert at trial or by deposition; provided, how ever, that this division223 shall not apply to witnesses from the Division of Forensic Scie nces of the Georgia224 Bureau of Investigation.225 (C) When the defendant has elected to have this article apply to the defendant's case,226 failure by the state or prosecuting attorney to furnish the defendant with a copy of any227 written scientific report or summary of an expert's opinion sha ll, unless the court228 determines an alternative remedy is warranted under the circumstances, result in such229 report or summary, and any related expert testimony, being excluded and suppressed230 from evidence in the state's case-in-chief or in rebuttal.231 (5) The state or prosecuting attorney shall, no later than ten days prior to trial, or at such232 time as the court orders but in no event later than the beginning of the trial, provide the233 defendant with notice of any evidence in aggravation of punishm ent that the state or234 prosecuting attorney intends to introduce in sentencing.235 (b)(1) The defendant shall, within ten 30 days of timely compliance by the state or236 prosecuting attorney but no later than five ten days prior to trial, or as otherwise ordered237 by the court, shall permit the prosecuting attorney at a time agreed to by the parties or as238 ordered by the court to inspect and copy or photograph furnish copies of books,; papers,;239 documents,; photographs, ; tangible objects, ; audio and visual tapes, including tapes240 created by third parties and data from posted security cameras or automated license241 readers; f i l m s ; and recordings, or copies or portions thereof and permit the state or242 prosecuting attorney at a time agreed to by the parties or ordered by the court to inspect243 and photograph buildings or places, which are within the possession, custody, or control244 of the defendant and which the defendant intends to introduce as evidence in the defense's245 case-in-chief or rebuttal case at the trial.246 (2)(A) The defendant shall, within ten 30 days of timely compliance by the state or247 prosecuting attorney but no later than five 10 days prior to trial, or as otherwise ordered248 H. B. 1255 (SUB) - 10 - 26 LC 48 1817S by the court, permit the prosecuting attorney at a time agreed to by the parties or as249 ordered by the court to inspect and copy or photograph furnish copies of a report of any250 physical or mental examinations and of scientific tests or expe riments, including a251 summary of the basis for the expert opinion rendered in the report, or copies thereof,252 if the defendant intends to introduce in evidence in the defens e's case-in-chief or253 rebuttal case the results of the physical or mental examination or scientifi c test or254 experiment. If the report is oral or partially oral, the defendant shall reduce all relevant255 and material oral portions of such report to writing and shall serve opposing counsel256 with such portions no later than five ten days prior to trial. Nothing in this Code section257 shall require the disclosure of any other material, note, or memorandum relating to the258 psychiatric or psychological treatment or therapy of any defendant or witness.259 (B) With respect to expert witnesses, the defendant shall disc lose to the state or260 prosecuting attorney, in writing, within 30 days of timely comp liance by the state or261 prosecuting attorney but no later than ten days prior to trial, or as otherwise ordered by262 the court, the following:263 (i) A complete statement of all opinions that the defendant will elicit from the witness264 pursuant to Code Section 24-7-702, 24-7-703, or 24-7-705 in its case;265 (ii) The bases and reasons for the opinions, including a summary of the basis for such266 opinion;267 (iii) All technical notes and data supporting conclusions, results, or findings of such268 witness;269 (iv) All documents relating to any peer review, examination, consultation, or other270 verification provided for any conclusions, results, or findings by such witness;271 (v) All standards, protocols, policies, procedures, manuals, and guidelines serving as272 the basis of such witness's opinion;273 (vi) The witness's qualifications, including a list of all publications authored by such274 witness in the previous ten years; provided, however, that this division shall not apply275 H. B. 1255 (SUB) - 11 - 26 LC 48 1817S to witnesses from the Division of Forensic Sciences of the Geor gia Bureau of276 Investigation; and277 (vii) A list of all other cases in which, during the previous four years, the witness has278 testified as an expert at trial or by deposition; provided, how ever, that this division279 shall not apply to witnesses from the Division of Forensic Scie nces of the Georgia280 Bureau of Investigation.281 (C) When the defendant has elected to have this article apply to the defendant's case,282 failure by the defendant to furnish the state or prosecuting attorney with a copy of any283 written scientific report or summary of an expert's opinion sha ll, unless the court284 determines an alternative remedy is warranted under such circumstances, result in such285 report or summary, and any related expert testimony, being excluded and suppressed286 from evidence in the defendant's case.287 (3)(A) The Unless otherwise ordered by the court, the defendant shall, no later than the288 announcement of the verdict of the jury or if the defendant has waived a jury trial at the289 time the verdict is published by the court, serve upon the state or prosecuting attorney290 all books,; papers,; documents,; photographs,; tangible objects,; audio and visual tapes,291 including tapes created by third parties and data from posted s ecurity cameras or292 automated license readers; films; and recordings, or copies or portions thereof and to293 inspect and photograph buildings or places which are within the possession, custody,294 or control of the defendant and which the defendant intends to introduce as evidence295 in the presentence hearing.296 (B) The Unless otherwise ordered by the court, the defendant shall, no later than the297 announcement of the verdict of the jury or if the defendant has waived a jury trial at the298 time the verdict is published by the court, serve upon the state or prosecuting attorney299 all reports of any physical or mental examinations and scientific tests or experiments,300 including a summary of the basis for the expert opinions render ed in the reports, or301 copies thereof, if the defendant intends to introduce in eviden ce in the presentence302 H. B. 1255 (SUB) - 12 - 26 LC 48 1817S hearing the results of the physical or mental examination or sc ientific test or303 experiment. If the report is oral or partially oral, the defendant shall reduce all relevant304 and material oral portions of such report to writing and shall serve opposing counsel305 with such portions.306 (C) The defendant shall, no later than five days before the trial commences, serve upon307 the state or prosecuting attorney a list of witnesses that the defendant intends to call as308 a witness in the presentence hearing. No later than the announcement of the verdict of309 the jury or if the defendant has waived a jury trial at the time the verdict is published310 by the court, the defendant shall produce for the opposing party counsel any statement311 of such witnesses a w i t n e s s that is in the possession, custody, or control of the312 defendants defendant or the defendant's counsel that relates to the subject matter of the313 testimony of such witnesses witness unless such statement is protected from disclosure314 by the privilege contained in paragraph (5), (6), (7), or (8) o f subsection (a) of Code315 Section 24-5-501.316 (c) If prior to or during trial a party discovers additional evidence or material previously317 requested or ordered which is subject to discovery, disclosure, or inspection under this318 article, such party shall promptly notify the other party of the existence of the additional319 evidence or material, correct its disclosure, and make this additional evidence or material320 available as provided in this article.321 (d) Upon a sufficient showing that a discovery required by thi s article would create a322 substantial threat of physical or economic harm to a witness, t he court may at any time323 order that the discovery or inspection be denied, restricted, or deferred or make such other324 order as is appropriate. Upon motion by a party, the court may permit the party to make325 such showing, in whole or in part, in the form of a written statement to be inspected by the326 judge alone. If the court enters an order granting relief following such an ex parte showing,327 the entire text of the party's statement shall be sealed and pr eserved in the records of the328 H. B. 1255 (SUB) - 13 - 26 LC 48 1817S court subject to further order of the court and to be made avai lable to the appellate court329 in the event of an appeal.330 (e) Discovery with respect to alibi witnesses shall be as prov ided for in Code331 Section 17-16-5.332 17-16-5.333 (a) Upon written demand by the state or prosecuting attorney within ten 30 days after334 arraignment, or at such time as the court permits, stating the time, date, and place at which335 the alleged offense was committed, the defendant shall serve within ten days of the demand336 of the state or prosecuting attorney or ten days prior to trial, whichever is later, or as337 otherwise ordered by the court, upon the state or prosecuting attorney a written notice of338 the defendant's intention to offer a defense of alibi. Such notice by the defendant shall state339 the specific place or places at which the defendant claims to have been at the time of the340 alleged offense and the names, addresses, dates of birth, and t elephone numbers of the341 witnesses, if known to the defendant, upon whom the defendant intends to rely to establish342 such alibi unless previously supplied.343 (b) The state or prosecuting attorney shall serve upon the defendant within five days of the344 defendant's written notice but no later than five days before t rial, whichever is later, a345 written notice stating the names, addresses, dates of birth, an d telephone numbers of the346 witnesses, if known to the state or prosecuting attorney , upon whom the state or347 prosecuting attorney intends to rely to rebut the defendant's evidence of alibi unl ess348 previously supplied.349 (c) If prior to or during trial, a party learns of an addition al witness whose identity, if350 known, should have been included in the information furnished under subsection (a) or (b)351 of this Code section, the party shall promptly notify the other party of the existence and352 identity of such additional witness.353 H. B. 1255 (SUB) - 14 - 26 LC 48 1817S (d) Upon a showing that a disclosure required by this Code sec tion would create a354 substantial threat of physical or economic harm to a witness, t he court may grant an355 exception to any of the requirements of subsections (a) through (c) of this Code section.356 (e) If the defendant withdraws the notice of intention to rely upon an alibi defense, the357 notice and intention to rely upon an alibi defense are not admissible. However; provided,358 however, that the state or prosecuting attorney may offer any other evidence regarding359 alibi.360 17-16-6.361 Except as provided in subparagraphs (a)(4)(C) and (b)(2)(C) of Code Section 17-16-4, If362 if at any time during the course of the proceedings it is brought to the attention of the court363 that the state or prosecuting attorney has failed to comply with the requirements of this364 article, the court may order the state or prosecuting attorney to permit the discovery or365 inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice366 and bad faith, prohibit the state or prosecuting attorney from introducing the evidence not367 disclosed or presenting the witness not disclosed, or may enter such other order as it deems368 just under the circumstances. If at any time during the course of the proceedings it is369 brought to the attention of the court that the defendant has fa iled to comply with the370 requirements of this article, the court may order the defendant to permit the discovery or371 inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice372 and bad faith, prohibit the defendant from introducing the evid ence not disclosed or373 presenting the witness not disclosed, or may enter such other order as it deems just under374 the circumstances. The court may specify the time, place, and manner of making the375 discovery, inspection, and interview and may prescribe such terms and conditions as are376 just.377 H. B. 1255 (SUB) - 15 - 26 LC 48 1817S 17-16-7.378 No later than ten days prior to trial Within 30 days of the defendant's arraignment but no379 later than 30 days prior to trial, or at such time as the court permits, or at the time of any380 post-indictment pretrial evidentiary hearing other than a bond hearing, the prosecution state381 or prosecuting attorney or the defendant shall produce for the opposing party any statement382 of any a witness that is in the possession, custody, or control of the state or prosecution383 prosecuting attorney or in the possession, custody, or control of the defendant or the384 defendant's counsel that relates to the subject matter concerni ng the testimony of the385 witness that the party in possession, custody, or control of the statement intends to call as386 a witness at trial or at such post-indictment pretrial evidentiary hearing.387 17-16-8.388 (a) The state or prosecuting attorney shall, not later than ten days before trial within ten389 days of the defendant's arraignment , and the defendant's attorney, within ten days after390 compliance by the state or prosecuting attorney but no later than five ten days prior to trial,391 or as otherwise ordered by the court, shall furnish to the opposing counsel as an officer of392 the court, in confidence, the names, current locations, dates of birth, and telephone numbers393 of that party's witnesses, unless for good cause the judge allo ws an exception to this394 requirement, in which event the counsel shall be afforded an opportunity to interview such395 witnesses prior to the witnesses being called to testify.396 (b) Nothing in this Code section shall be construed to require the state or prosecuting397 attorney to furnish the home address, date of birth, or home telephone number of a witness398 who is a law enforcement officer or a nonsworn employee of a law enforcement agency. 399 Instead, in such cases, the state or prosecuting attorney shall furnish to the attorney for the400 accused, or, if pro se, to the accused, the current work location and work phone number of401 the law enforcement officer or nonsworn employee of a law enforcement agency.402 H. B. 1255 (SUB) - 16 - 26 LC 48 1817S (c) Any formerly employed or retired law enforcement officer or nonsworn employee of403 a law enforcement agency may use the address and phone number of the last agency where404 he or she was employed as his or her contact information for purposes of this Code section. 405 Use of this subsection by an officer or employee shall constitute a waiver of any claim by406 such officer or employee as to any defect of service or notice of hearing if the service or407 notice was provided to the designated law enforcement agency an d shall impose an408 affirmative obligation on such officer or employee to keep curr ent his or her personal409 address and phone number information with such agency.410 17-16-9.411 Any party providing documents or statements to another party un der this article shall be412 reimbursed for the actual cost incurred in providing such docum ents. If the court has413 determined the defendant to be indigent, the court shall determ ine the means of414 reimbursement.415 17-16-10.416 The defendant need not include in materials and information fur nished to the state or417 prosecuting attorney under this article any material or informa tion which the state or418 prosecuting attorney has already furnished to the defendant under this article. The state or419 prosecuting attorney need not include in materials and informat ion furnished to the420 defendant under this article any material or information which that defendant has already421 furnished to the state or prosecuting attorney under this article. Either party may call as a422 witness any person listed on either the state's, prosecuting attorney's, or defendant's witness423 list.424 H. B. 1255 (SUB) - 17 - 26 LC 48 1817S ARTICLE 2425 17-16-20.426 The provisions of this This article shall apply only to misdemeanor cases or to felony cases427 docketed, indicted, or in which an accusation was returned prior to January 1, 1995, if in428 city, municipal, recorder's, probate, and any other court where in a jury cannot be429 empaneled, unless the state or prosecuting attorney and the defendant do not agree in430 writing that the provisions of Article 1 of this chapter shall apply.431 17-16-21.432 (a) Prior to arraignment, every person charged with a criminal offense shall be furnished433 with a copy of the indictment or accusation and, on demand, with a list of the witnesses on434 whose testimony the charge against such person is founded. Wit hout the consent of the435 defendant, no witness shall be permitted to testify for the state whose name does not appear436 on the list of witnesses as furnished to the defendant unless the prosecuting attorney shall437 state that the evidence sought to be presented is newly discovered evidence which the state438 or prosecuting attorney was not aware of at the time of its furnishing the defendant with a439 list of the witnesses.440 (b) Nothing in this Code section shall be construed to require any person charged with a441 criminal offense to be furnished the home address, date of birth, or home telephone number442 of a witness who is a law enforcement officer or a nonsworn emp loyee of a law443 enforcement agency. Instead, in such cases, such person shall be furnished with the current444 work location and work phone number of the law enforcement offi cer or nonsworn445 employee of a law enforcement agency.446 (c) Any formerly employed or retired law enforcement officer or nonsworn employee of447 a law enforcement agency may use the address and phone number of the last agency where448 he or she was employed as his or her contact information for purposes of this Code section. 449 H. B. 1255 (SUB) - 18 - 26 LC 48 1817S Use of this subsection by an officer or employee shall constitute a waiver of any claim by450 such officer or employee as to any defect of service or notice of hearing if the service or451 notice was provided to the designated law enforcement agency an d shall impose an452 affirmative obligation on such officer or employee to keep curr ent his or her personal453 address and phone number information with such agency.454 17-16-22.455 (a) At least ten days prior to the trial of the case, the defendant shall be entitled to have a456 copy of any statement given by the defendant while in police custody. The defendant may457 make such request for a copy of any such statement, in writing, within any reasonable458 period of time prior to trial.459 (b) If the defendant's statement is oral or partially oral, the prosecution state or prosecuting460 attorney shall furnish, in writing, all relevant and material portions of the defendant's461 statement.462 (c) Failure of the prosecution state or prosecuting attorney to comply with a defendant's463 timely written request for a copy of such defendant's statement , whether written or oral,464 shall result in such statement being excluded and suppressed from the prosecution's state's465 or prosecuting attorney's use in its case-in-chief or in rebuttal.466 (d) If the defendant's statement is oral, no relevant and mate rial, incriminating or467 inculpatory, portion of the statement of the defendant may be used against the defendant468 unless it has been previously furnished to the defendant, if a timely written request for a469 copy of the statement has been made by the defendant.470 (e) This Code section shall not apply to evidence discovered after a request has been filed. 471 If a request has been filed, such evidence shall be produced as soon as possible after it has472 been discovered.473 H. B. 1255 (SUB) - 19 - 26 LC 48 1817S 17-16-23.474 (a) As used in this Code section, the term 'written scientific reports' includes, but is not475 limited to, reports from the Division of Forensic Sciences of t h e G e o r g i a B u r e a u o f476 Investigation; an autopsy report by the coroner of a county or by a private pathologist;477 blood alcohol test results done by a law enforcement agency or a private physician; and478 similar types of reports that would be used as scientific evidence by the prosecution in its479 case-in-chief or in rebuttal against the defendant.480 (b) In all criminal trials under this article the defendant shall be entitled to have a complete481 copy of any written scientific reports in the possession of the prosecution state or482 prosecuting attorney which will be introduced in whole or in part against the defendant by483 the prosecution state or prosecuting attorney in its case-in-chief or in rebuttal. The request484 for a copy of any written scientific reports shall be made by t he defendant in writing at485 arraignment or within any reasonable time prior to trial. If such written request is not made486 at arraignment, it shall be within the sound discretion of the trial judge to determine in each487 case what constitutes a reasonable time prior to trial. If the scientific report is in the488 possession of or available to the state or prosecuting attorney, the state or prosecuting489 attorney must shall comply with this Code section at least ten days prior to the trial of the490 case.491 (c)(b) Failure by the prosecution state or prosecuting attorney to furnish the defendant with492 a copy of any written scientific report, when a proper and timely written demand has been493 made by the defendant, shall result in such report being exclud ed and suppressed from494 evidence in the prosecution's state's or prosecuting attorney's case-in-chief or in rebuttal."495 SECTION 5.496 Article 2 of Chapter 13 of Title 24 of the Official Code of Geo rgia Annotated, relating to497 subpoenas and notice to produce, is amended by revising subsect ion (a) of Code498 H. B. 1255 (SUB) - 20 - 26 LC 48 1817S Section 24-13-23, relating to a subpoena for production of documentary evidence and motion499 to quash or modify, as follows:500 "(a) A subpoena may also command the person to whom it is direc ted to produce the501 evidence designated therein. Such subpoena shall be served in accordance with Code502 Section 24-13-24."503 SECTION 6.504 Said article is further amended by revising Code Section 24-13- 24, relating to service of505 subpoenas, as follows:506 "24-13-24.507 (a) As used in this Code section, the term:508 (1) 'Child advocacy center' shall have the same meaning as set forth in Code Section509 49-5-40.510 (2) 'Law enforcement support personnel' shall have the same me aning as set forth in511 Code Section 35-8-2.512 (3) 'Law enforcement unit' shall have the same meaning as set forth in Code513 Section 35-8-2.514 (4) 'Peace officer' shall have the same meaning as set forth in Code Section 35-8-2.515 (b) Any law enforcement unit employing peace officers, law enf orcement support516 personnel, or child advocacy centers whose purpose is to conduct forensic interviews at the517 direction of or in cooperation with a law enforcement unit shall:518 (1) Designate one or more individuals upon whom subpoenas shall be served;519 (2) Make such designation in writing; and 520 (3) Immediately provide notice to any person upon request, orally or in writing, of the521 designated individual or individuals.522 (c) A subpoena may be served by:523 H. B. 1255 (SUB) - 21 - 26 LC 48 1817S (1) Any any sheriff, by his or her deputy, or by any other person not less than 18 years524 of age, and proof of such service. Proof may be shown by return or certificate endorsed525 on a copy of the subpoena. Subpoenas may also be served by registered; or526 (2) Registered or certified mail or statutory overnight delivery, and the ret urn receipt527 shall constitute prima-facie proof of service.528 (d) Service upon a party may be made by serving his or her counsel of record.529 (e) Service upon peace officers, law enforcement support perso nnel, or child advocacy530 center staff may be made by serving the individual designated under subsection (b) of this531 Code section."532 SECTION 7.533 Code Section 35-3-151 of the Official Code of Georgia Annotated, relating to responsibilities534 of the Division of Forensic Sciences, is amended by revising paragraph (4), as follows:535 "(4) Shall facilitate independent testing or analysis of eviden ce within the possession,536 custody, or control of the division as provided in paragraph (3) of subsection (a) of Code537 Section 17-16-4, relating to discovery in criminal cases;"538 SECTION 8.539 This Act shall become effective on July 1, 2026, and shall appl y to any motion made or540 hearing or trial commenced on or after such date.541 SECTION 9.542 All laws and parts of laws in conflict with this Act are repealed. 543 H. B. 1255 (SUB) - 22 -