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Official Code of Georgia Annotated

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

17-7-32. Disposition of commitment form, warrant, and other papers; delivery of accused to person in charge of jail.

Active

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

  1. (a)

    The commitment form shall be delivered to the officer in whose charge the accused person is placed, and the officer shall deliver it with the accused person to the sheriff or the other person in charge of the jail. A memorandum of the commitment shall be entered on the warrant by the judicial officer.#

  2. (b)
    1. (1)

      The warrant and all other papers shall be forwarded to the clerk of the court having jurisdiction over the offense for delivery to the prosecuting attorney. After such delivery, if the prosecuting attorney decides to dismiss the case prior to filing an accusation or without seeking an indictment, he or she shall file a notice of such fact with the clerk of the court having jurisdiction over the offense. Such notice shall include the warrant number, if any, and any other identifying number assigned to the case by the Georgia Crime Information Center. Within 30 days of receiving such notice, the clerk of court shall transmit a copy of such notice to the Georgia Crime Information Center.#

    2. (2)

      Nothing in this subsection shall prevent a prosecuting attorney who has probable cause from seeking charges against an accused within the applicable statute of limitations.#

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, § 4623; Code 1868, § 4647; Code 1873, § 4745; Code 1882, § 4745; Penal Code 1895, § 924; Penal Code 1910, § 949; Code 1933, § 27-420; Ga. L. 2016, p. 443, § 6B-1/SB 367.

Law reviews

For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 139 (2016).

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 463 to 464; merge action: carried; file SHA-256 0b0d45f9c609.