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Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 4. ARREST OF PERSONS · Article 3. WARRANTS FOR ARREST

17-4-47. Issuance of warrants by video conference; testimony; initial bond hearings; oaths.

Active

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

  1. (a)

    A judge of any court in this state authorized to issue arrest warrants pursuant to Code Section 17-4-40 may, as an alternative to other laws relating to the issuance of arrest warrants, conduct such applications for the issuance of arrest warrants by video conference. The issuance of an arrest warrant by video conference shall be valid irrespective of the physical location of the judge at the time of the video conference, provided that the judge issuing the warrant is authorized by law to issue such warrant.#

  2. (b)

    Arrest warrant applications heard by video conference shall be conducted in a manner to ensure that the judge conducting the hearing has visual and audible contact with all affiants and witnesses giving testimony.#

  3. (c)

    The affiant participating in an arrest warrant application by video conference shall sign the affidavit for an arrest warrant and any related documents by any reasonable means which identifies the affiant, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the person signing the affidavit and any related documents. The judge participating in an arrest warrant application by video conference shall sign the affidavit for an arrest warrant, the arrest warrant, and any related documents by any reasonable means which identifies the judge, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the judicial officer signing the affidavit and warrant and any related documents. Such authorization shall be deemed to comply with the signature requirements provided for in Code Sections 17-4-45 and 17-4-46.#

  4. (d)

    A judge may also utilize a video conference to conduct hearings relating to the issuance of an initial bond connected with an offense for which an arrest warrant is issued, provided that the setting of such bond is within the jurisdiction of that court.#

  5. (e)

    A judge hearing matters pursuant to this Code section shall administer an oath to any person testifying by means of a video conference.#

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, § 17-4-47, enacted by Ga. L. 1998, p. 872, § 1; Ga. L. 1999, p. 81, § 17; Ga. L. 2008, p. 324, § 17/SB 455; Ga. L. 2013, p. 584, § 1/HB 146; Ga. L. 2021, p. 423, § 1-6/HB 635.

Amendments

The 2021 amendment, effective May 4, 2021, deleted “, and, at the time such warrant is issued, he or she is physically located within this state” following “such warrant” at the end of the last sentence of subsection (a).

Law reviews

For article, “Statewide Judicial Emergency: Judicial Order by the Supreme Court of Georgia Declaring a Statewide Judicial Emergency,” see 37 Ga. St. U.L. Rev. 31 (2020).

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)-pdf.pdf, Volume V15, 2020 edition, 2025 supplement, pages 21 to 22; merge action: replaced; file SHA-256 9ed85bfde942.