Official Code of Georgia Annotated

Title 15. COURTS · Chapter 11. JUVENILE CODE · Article 9. ACCESS TO HEARINGS AND RECORDS

15-11-703. Use of disposition and evidence.

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

Except as provided in subsection (d) of Code Section 24-6-609, the disposition of a child and evidence adduced in a hearing in the juvenile court shall not be used against such child in any proceeding in any court other than as provided in Code Section 16-15-9 or 24-4-418 or for a proceeding for delinquency or a child in need of services, whether before or after reaching 18 years of age, except in the establishment of conditions of bail, plea negotiations, and sentencing in criminal offenses; and, in such excepted cases, such records of dispositions and evidence shall be available to prosecuting attorneys, superior or state court judges, and the accused and may be used in the same manner as adult records. Whenever such record of disposition is filed in a superior or state court or admitted into evidence in a superior or state court proceeding, it shall be filed under seal.

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, § 15-11-703, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2016, p. 811, § 1/HB 874.

Cross references

Authority of Department of Corrections to establish separate correctional institutions for the care of juvenile offenders, § 42-5-52.

Law reviews

For article discussing venue problems in juvenile court practice and suggesting solutions, see 23 Mercer L. Rev. 341 (1972). For article, ‘‘Evidence,’’ see 27 Ga. St. U.L. Rev. 1 (2011). For comment criticizing Davis v. Alaska, 415 U.S. 308, 94 S. Ct. 1105, 39 L. Ed. 2d 347 (1974), holding petitioner’s right to confrontation was preeminent to state policy protecting anonymity of juvenile offenders, see 26 Mercer L. Rev. 343 (1974).

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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 1349 to 1350; merge action: carried; file SHA-256 1f1f034443c3.

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