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Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 9. FORGERY AND FRAUDULENT PRACTICES · Article 6. COMPUTER SYSTEMS PROTECTION · Part 3. INVESTIGATION OF VIOLATIONS

16-9-108. Investigative and subpoena powers of district attorneys and the Attorney General.

Active

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

  1. (a)

    In any investigation of a violation of this article or any investigation of a violation of Code Section 16-12-100, 16-12-100.1, 16-12-100.2, 16-5-90, Article 8 of Chapter 5 of this title, or Article 8 of this chapter involving the use of a computer in furtherance of the act, the Attorney General or any district attorney shall have the power to administer oaths; to call any party to testify under oath at such investigation; to require the attendance of witnesses and the production of books, records, and papers; and to take the depositions of witnesses. The Attorney General or any such district attorney is authorized to issue a subpoena for any witness or a subpoena to compel the production of any books, records, or papers.#

  2. (b)

    In case of refusal to obey a subpoena issued under this Code section to any person and upon application by the Attorney General or district attorney, the superior court in whose jurisdiction the witness is to appear or in which the books, records, or papers are to be produced may issue to that person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court.#

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, § 16-9-108, enacted by Ga. L. 2005, p. 199, § 4/SB 62; Ga. L. 2013, p. 524, § 1-2/HB 78.

Law reviews

For article on 2005 enactment of this part, see 22 Ga. St. U.L. Rev. 39 (2005).

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 t16-ch7-11-(v14a)-2018-pdf.pdf, Volume V14A, 2018 edition, pages 561 to 562; merge action: carried; file SHA-256 5985d65f23ef.

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O.C.G.A. § 16-9-108. Investigative and subpoena powers of district attorneys and the Attorney General. | Georgia Commons