15-11-28. Privilege against self-incrimination.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
No admission, confession, or incriminating information obtained from a child in the course of any screening that is undertaken in conjunction with proceedings under this chapter, including but not limited to court ordered screenings, shall be admitted into evidence in any adjudication hearing in which a child is accused under this chapter. Such admission, confession, or incriminating information may be considered by the court at disposition.#
(b)
No admission, confession, or incriminating information obtained from a child in the course of any assessment or evaluation, or any treatment that is undertaken in conjunction with proceedings under this chapter, including but not limited to court ordered detention or risk assessments and evaluations, shall be admitted into evidence against such child, except as rebuttal or impeachment evidence, or used as a basis for such evidence in any future adjudication hearing or criminal proceeding in which such child is accused. Such admission, confession, or incriminating information may be considered by the court at disposition.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 15-11-28, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

Law reviews

For article discussing due process in juvenile court procedures in California and Georgia, in light of In re Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967), see 8 Ga. St. B. J. 9 (1971). For article, ‘‘Termination of Parental Rights: Recent Judicial and Legislative Trends,’’ see 30 Emory L. J. 1065 (1981). For comment, ‘‘School Bullies — They Aren’t Just Students: Examining School Interrogations and the Miranda Warning,’’ see 59 Mercer L. Rev. 731 (2008).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t15-ch1-11a-(v13)-2020-pdf.pdf, Volume V13, 2020 edition, pages 705 to 706; merge action: carried; file SHA-256 1f1f034443c3.

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