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.

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.#

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.#