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Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 8. TRIAL · Article 1. GENERAL PROVISIONS

17-8-1. Cases to be called in order in which they stand on docket; exceptions; preferred scheduling when alleged victim is disabled adult or elder person.

Active

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

  1. (a)

    The cases on the criminal docket shall be called in the order in which they stand on the docket unless the accused is in jail or, otherwise, in the sound discretion of the court.#

  2. (b)
    1. (1)

      As used in this Code section, the terms ‘‘disabled adult’’ and ‘‘elder person’’ shall have the same meaning as set forth in Code Section 16-5-100.#

    2. (2)

      When the alleged victim is a disabled adult or elder person, the prosecuting attorney shall notify the accused if it intends to seek preferred scheduling. The notice shall be in writing and shall:#

      1. (A)

        Allege the specific factor or factors that will inhibit a disabled adult from attending or participating in court proceedings if he or she is a disabled adult; or#

      2. (B)

        State the age of the alleged victim if he or she is an elder person.#

    3. (3)

      When notice has been given pursuant to paragraph (2) of this subsection, the court shall set a date for a hearing on the issue within 14 days after the filing of such notice. The court shall consider the matter and if the court determines that preferred scheduling is necessary, the trial shall not be:#

      1. (A)

        Subject to subsection (a) of this Code section; and#

      2. (B)

        Earlier than 30 days from the date of the hearing.#

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

Ga. L. 1862-63, p. 139, § 1; Code 1863, § 4592; Code 1868, § 4613; Code 1873, § 4710; Code 1882, § 4710; Penal Code 1895, § 942; Penal Code 1910, § 967; Code 1933, § 27-1301; Ga. L. 2015, p. 598, § 1-5/HB 72.

Law reviews

For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 63 (2015).

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 704 to 705; merge action: carried; file SHA-256 0b0d45f9c609.