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Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 16. DISCOVERY · Article 1. DEFINITIONS; FELONY CASES

17-16-1. Definitions.

Active

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

  1. As used in this chapter, the term:

  2. (1)

    ‘‘Possession, custody, or control of the state or prosecution’’ means an item which is within the possession, custody, or control of the prosecuting attorney or any law enforcement agency involved in the investigation of the case being prosecuted.#

  3. (2)

    ‘‘Statement of a witness’’ means:#

    1. (A)

      A written or recorded statement, or copies thereof, made by the witness that is signed or otherwise adopted or approved by the witness;#

    2. (B)

      A substantially verbatim recital of an oral statement made by the witness that is recorded contemporaneously with the making of the oral statement and is contained in a stenographic, mechanical, electrical, or other recording or a transcription thereof; or#

    3. (C)

      A summary of the substance of a statement made by a witness contained in a memorandum, report, or other type of written document but does not include notes or summaries made by counsel.#

  4. (3)

    ‘‘Witness’’ does not include the defendant.#

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, § 17-16-1, enacted by Ga. L. 1994, p. 1895, § 4; Ga. L. 1995, p. 1250, § 2.

Law reviews

For article, ‘‘Criminal Law,’’ see 53 Mercer L. Rev. 209 (2001). For article, ‘‘Death Penalty Law,’’ see 53 Mercer L. Rev. 233 (2001). For survey article on criminal law, see 59 Mercer L. Rev. 89 (2007). For survey article on death penalty law, see 60 Mercer L. Rev. 105 (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 t17-(v15)-2020-pdf.pdf, Volume V15, 2020 edition, pages 1438 to 1439; merge action: carried; file SHA-256 0b0d45f9c609.