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Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 7. PRETRIAL PROCEEDINGS · Article 2. COMMITMENT HEARINGS

17-7-20. Persons who may hold courts of inquiry.

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

  1. Any judge of a superior or state court, judge of the probate court, magistrate, or officer of a municipality who has the criminal jurisdiction of a magistrate may hold a court of inquiry to examine an accusation against a person legally arrested and brought before him or her. The time and place of the inquiry shall be determined by such judicial officer. Such judge may order the court of inquiry to be conducted by audio-visual communication between the accused, the court, the attorneys, and the witnesses.

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

Orig. Code 1863, § 4611; Code 1868, § 4633; Code 1873, § 4730; Code 1882, § 4730; Penal Code 1895, § 906; Penal Code 1910, § 931; Code 1933, § 27-401; Ga. L. 1982, p. 493, §§ 1, 2; Ga. L. 1983, p. 884, § 3-19; Ga. L. 1996, p. 742, § 2; Ga. L. 2021, p. 423, § 1-8/HB 635.

Amendments

The 2021 amendment, effective May 4, 2021, substituted the present provisions of this Code section for the former provisions, which read: “Any judge of a superior or state court, judge of the probate court, magistrate, or officer of a municipality who has the criminal jurisdiction of a magistrate may hold a court of inquiry to examine into an accusation against a person legally arrested and brought before him or her. The time and place of the inquiry shall be determined by such judicial officer. Should the county in which the offense is alleged to have been committed be a member of a regional jail authority created under Article 5 of Chapter 4 of Title 42, the ‘Regional Jail Authorities Act,’ the judge may order the court of inquiry to be conducted alternatively in the county in which the offense is alleged to have been committed or in facilities available at the regional jail or by audio-visual communication between the two locations and between the accused, the court, the attorneys, and the witnesses.”

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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 70 to 71; merge action: replaced; file SHA-256 9ed85bfde942.

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