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Found 231 matching documents.
Code section · Georgia General Assembly · active
O.C.G.A. § 17-7-170. Demand for speedy trial; service; discharge and acquittal for lack of prosecution; expiration; reversal on direct appeal; mistrial and retrial; special pleas of incompetency
(a) Any defendant against whom a true bill of indictment or an accusation is filed with the clerk for an offense not affecting the defendant’s life may enter a demand for speedy trial at the court term at which the indictment or accusation is filed or at the next succeeding regular court term thereafter; or, by special permission of the court, the defendant...
Meeting transcript · Georgia House Judiciary Non-Civil Committee · March 5, 2026
House Judiciary Non-Civil Committee, March 5, 2026 (part 2)
Summary by Georgia Commons (AI-written): The committee approved HB 1255 by substitute, with an amendment assigning responsibility for sending charging documents to the state rather than court clerks. Discussion focused on evidence-sharing deadlines, delays in criminal cases, and whether prosecutors have enough staff and technology to meet the requirements. The committee also heard HB 1322, which the presenter said would make rioting a felony. Three organizations opposed that bill, raising concerns about unclear language, penalties, protest rights, and bail restrictions. The chair postponed further consideration until the next morning without a vote.
I think a lot of times we lose sight of what happens just down the street, for example, in the busiest court in the State of Georgia, which is Fulton County State Court. In Fulton County State Court, you routinely have cases that will be accused in 18 months to 24 months after the date of arrest. Roughly two years. A defendant's case is accused, and then it...
It, it, it, it would really make sure that the process was not a long and drawn-out... It doesn't speed up the timeline necessarily, but it helps clo- unclog some of the problems that exist under the current system. I mean, I do think that at some point in time we can make some changes in terms of procedure that will help with that. This doesn't fix that...
Meeting transcript · Georgia Senate Judiciary Committee · February 23, 2026
Senate Judiciary Committee, February 23, 2026
Summary by Georgia Commons (AI-written): The committee approved four bills and held one for more work. Members unanimously approved a substitute to SB 470 addressing signal jammers, an amended SB 327 adding a sixth superior court judge in the Clayton Judicial Circuit, and SB 202 establishing reciprocal evidence-sharing rules for misdemeanor cases. After extensive testimony about constitutional protections, religious freedom and effects on Muslim Georgians, the committee approved SB 486 on foreign laws and tribunal decisions, 4 to 3, with the chair breaking a tie. The committee held SB 499 after members questioned removing enhanced penalties involving firearms equipped with silencers. Funding for the additional Clayton judgeship remained an issue for the budget process.
I couldn't talk to them right then, but when I came back from court, they were still there. These are mothers that their children have been murdered, and these are cases that have been pending for, one, over five years. We've been trying to get to it, and it's not that, you know, for lack of trying. It's that we just have that many cases, the judges have...
All right. Any questions for District Attorney Moseley or Judge Mason? Thank y'all. Thank y'all. We have one other person, Mr. Sullivan from the Black Republican Council, that's here. You want the last word? Yes, sir. Come on down. Oh, thank you. Nobody else told me. You know, this whole time, maybe it was better, I don't know. Okay, I will make this quick...
Code section · Georgia General Assembly · active
O.C.G.A. § 17-7-172. Requirement of announcement by state of readiness for trial prior to announcement by defendant; speedy trial
The state shall be required in every case to announce ready or not ready for trial, except in those cases where the defendant is entitled by law to demand a speedy trial, before the defendant shall be called on to make such announcement.
Bill or resolution · Georgia House of Representatives · January 27, 2025 · Passed
Criminal procedure; pretrial proceedings in capital offense cases where the death penalty is sought when the accused has an intellectual disability; provide
Summary by Georgia Commons (AI-written): House Bill 123 creates a pretrial process for Georgia courts to decide whether a defendant facing the death penalty has an intellectual disability, and bars execution for anyone found to have one.
SECTION 3. Said title is further amended by revising subsection (d) of Code Section 17-7-171, relating to time for a demand for speedy trial in capital cases, discharge and acquittal when no trial held before end of two court terms of demand, counting of terms in cases in which death penalty is sought, and special pleas of incompetency, as follows: "(d) If...
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Bill or resolution · Georgia State Senate · February 12, 2025 · Introduced
Criminal Procedure; pretrial proceedings in capital offense cases where the death penalty is sought when the accused has intellectual disability; provide
Summary by Georgia Commons (AI-written): Senate Bill 159 would create a pretrial process letting defendants in Georgia death penalty cases prove they have intellectual disability before trial, which would bar prosecutors from seeking execution if proven.
SECTION 3. Said title is further amended by revising subsection (d) of Code Section 17-7-171, relating to time for a demand for speedy trial in capital cases, discharge and acquittal when no trial held before end of two court terms of demand, counting of terms in cases in which death penalty is sought, and special pleas of incompetency, as follows: "(d) If...
Code section · Georgia General Assembly · active
O.C.G.A. § 17-7-171. Time for demand for speedy trial in capital cases; discharge and acquittal when no trial held before end of two court terms of demand; counting of terms in cases in which death penalty is sought; special pleas of incompetency
(a) Any person accused of a capital offense may enter a demand for speedy trial at the term of court at which the indictment is found or at the next succeeding regular term thereafter; or, by special permission of the court, the defendant may at any subsequent term thereafter demand a speedy trial. The demand for speedy trial shall be filed with the clerk...
Meeting transcript · Georgia House Judiciary Non-Civil Committee · March 17, 2026
House Judiciary Non-Civil Committee, March 17, 2026
Summary by Georgia Commons (AI-written): The committee heard testimony on changes to self-defense immunity under SB 572, increased penalties for blocking transportation routes under SB 443, an animal-cruelty database under SB 587, sex-offender reporting and risk classifications under SB 468, and AI-generated obscene images under SB 398. Witnesses raised questions about arrest powers, protest rights, supervision resources, protections for teenagers, and liability for AI companies. The chair repeatedly reported that the committee lacked a quorum, and no votes were taken before adjournment. The chair also announced that SB 499 had been removed at the sponsor’s request and would return the next day.
And when you look at how a case progresses through our judicial system, it goes from arrest to warrant, your probable cause hearings are established, you have your arraignment just mentioned. The thing that is not mentioned, that I have not heard people talk about, is how Fulton County cases can take, oh, I don't know, eight years to get to trial. Would you...
We're just saying that's part of the probable cause determination that must be made before someone is actually arrested. Last thing, um, the last part of the bill, line 100, just clarifies that in civil proceedings where you have this defense that's raised to a civil claim, we're clarifying that someone's legal representative or heir can't get around that...
Meeting transcript · Georgia House Rules Committee · April 2, 2026
House Rules Committee, April 2, 2026
Summary by Georgia Commons (AI-written): The committee heard requests to advance several study committee resolutions, a road-naming resolution and a resolution urging a pause in adopting updated residential energy standards. No calendar decisions on those requests were shown. Members approved substitutes for six bills and placed eight bills on the day's floor calendar. The substitutes addressed military license plates, community health workers and rural hospitals, public health programs and pharmacy access, charter school reimbursements, and higher education. Members objected to approving and scheduling SB 440 and to scheduling SB 513, but those motions carried by voice vote. The chair said the committee would likely meet again to consider additional requests.
Yes, sir. Um, members of the committee, I have two... Let's see. Let me find them again. Ha- uh, House Resolution 1703, which is a c- study committee on the post-conviction litigation, uh, in Georgia. Right now it's, uh, it's a mess, and, um, about a month or ago, uh, our chief justice had a, a case come before him, and he had a, a, a opinion in that that...
Meeting transcript · Georgia State Senate · April 2, 2026
Senate floor session, April 2, 2026 (legislative day 40, part 1)
Summary by Georgia Commons (AI-written): The Senate passed measures on insurance, contraceptive access, child-abuse reporting, property-owner claims against local governments, education, healthcare licensing and court procedures. Debate focused heavily on HB 295, which passed 30 to 22 after opponents raised concerns about lawsuits, local costs and treatment of homeless people. Senators removed a corn-flour fortification requirement from HB 1138 before passing it. The Senate accepted House changes to several bills, including SB 556, which combined a needs-based college scholarship with other education provisions. A proposed change removing medical-education scholarships failed before the House version was approved 36 to 17. Senators set aside HB 1142 after questions about its domestic-violence registry and withdrew a motion on HB 328. The session also included committee reports, honorary resolutions, tributes to departing senators and a local-consent-calendar vote. The excerpt ends with a dinner break.
Most cases are what you typically hear, "He said, he said. He said, she said," the victim and the defendant. And in many of these cases, when you look at the evidence on both sides, the solicitor general or the DA even, in a felony case, realizes that it's either best to attempt to negotiate a settlement of the case or dead docket the case, not moving the...
Meeting transcript · Georgia Senate Judiciary Committee · February 26, 2026
Senate Judiciary Committee, February 26, 2026
Summary by Georgia Commons (AI-written): The committee approved four bills: SB 488, addressing product liability for AI systems that harm minors, passed 7-1; SB 418, addressing unauthorized nude or sexually explicit images, passed unanimously after an amendment expanding who could enforce it; SB 499, addressing firearm suppressors, passed 7-2 by substitute; and SB 572, changing the process for self-defense immunity claims, passed 7-2 without amendments. The longest discussion concerned SB 572. Supporters argued it would protect people acting in lawful self-defense, while prosecutors, defense lawyers and a gun-safety organization raised concerns about its wording and effects. The sponsor committed to further discussions as the bill moves forward.
Maybe like 30 days, 60 days, 90 days, something, just something, as opposed to just having to wait and wait, and we'll get around to you eventually, especially in counties that, in judicial circuits that may not be as pro-gun or self-defense as others. Thank you. Thank you. Sully- Mr. Chairman, can I ask a question? Yeah, sure. Got one question for you....
Bill or resolution · Georgia House of Representatives · February 9, 2026 · Introduced
Criminal procedure; motions and discovery; modify provisions
Summary by Georgia Commons (AI-written): A House Judiciary substitute would overhaul Georgia's criminal discovery rules, setting new deadlines for prosecutors and defendants to exchange evidence and adding detailed disclosure requirements for expert witnesses.
SECTION 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure is amended by revising Code Section 17-7-54, relating to form of indictment by grand jury, by adding a new subsection to read as follows: "(c) An indictment substantially complying with the forms provided in this Code section shall in all cases be sufficient and...
SECTION 2. Said title is further amended by revising subsection (c) of Code Section 17-7-70.1, relating to trial upon accusations in certain felony and misdemeanor cases and trial upon plea of guilty or nolo contendere, as follows: "(c) An accusation substantially complying with the form forms provided in subsections (d) and (e) of Code Section 17-7-71...
Code section · Georgia General Assembly · active
O.C.G.A. § 38-3-62. Suspension or tolling of deadlines and time schedules in event of judicial emergency; statutory speedy trial requirements defined
(a) An authorized judicial official in an order declaring a judicial emergency, or in an order modifying or extending a judicial emergency order, is authorized to suspend, toll, extend, or otherwise grant relief from deadlines or other time schedules or filing requirements imposed by otherwise applicable statutes, rules, regulations, or court orders,...
(vii) The extent of efforts made by prosecuting attorneys and the court to reduce the number of criminal defendants held in custody awaiting trial; and (viii) Other relevant facts that justify ongoing relief from statutory speedy trial requirements, if any. (3) An order granting relief under this subsection shall be accompanied by a certification that...
Bill or resolution · Georgia State Senate · February 12, 2025 · Engrossed
Brady Law Regulations; standards for bringing an action against the government for an unauthorized act relating to regulation of weapons; revise
Summary by Georgia Commons (AI-written): A House substitute to SB 163 rewrites how criminal discovery works in Georgia courts, setting new deadlines for prosecutors and defendants to exchange evidence, adds detailed expert witness disclosure rules, lets active law enforcement officers keep their voter registration address confidential, and updates how subpoenas are served on police agencies.
SECTION 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure is amended by revising Code Section 17-7-54, relating to form of indictment by grand jury, by adding a new subsection to read as follows: "(c) An indictment substantially complying with the forms provided in this Code section shall in all cases be sufficient and...
SECTION 2. Said title is further amended by revising subsection (c) of Code Section 17-7-70.1, relating to trial upon accusations in certain felony and misdemeanor cases and trial upon plea of guilty or nolo contendere, as follows: "(c) An accusation substantially complying with the form forms provided in subsections (d) and (e) of Code Section 17-7-71...
Bill or resolution · Georgia House of Representatives · February 3, 2025 · Engrossed
Motor vehicles; enforcement of speeding violations in school zones through automated traffic enforcement safety devices; repeal all laws
Summary by Georgia Commons (AI-written): A Georgia Senate substitute for HB 225 would repeal the state law allowing school zone speed cameras and ban local governments from signing new or renewed camera enforcement contracts starting July 1, 2027.
SECTION 2. Said article is further amended by repealing Code Section 40-14-1.2, relating to agent not private investigator or subject to certain laws.
SECTION 3. Said article is further amended in Code Section 40-14-2, relating to permit required for use, use not authorized where officers paid on fee system, and operation by registered or certified peace officers, by repealing subsection (c).
Code section · Georgia General Assembly · active
O.C.G.A. § 17-8-21. When showing for continuance required of state
In all cases in which the defendant cannot, according to law, demand a speedy trial, a continuance shall not be granted to the state, except upon a reasonable showing therefor.
Bill or resolution · Georgia State Senate · February 25, 2026 · Introduced
Grand Juries; creation, selection, composition, compensation, procedures, and term; provide
Summary by Georgia Commons (AI-written): A Senate bill would create a new statewide grand jury in Georgia focused on election crimes, letting the Attorney General ask the Supreme Court to convene it, but only if voters approve a related constitutional amendment in November 2026.
(b) A person indicted by a state grand jury for a bailable offense shall have a bond hearing before the end of the second business day following the day he or she was arrested in this state for that offense or the day he or she was delivered within this state following extradition for that offense from another state or jurisdiction, and shall be released...
Code section · Georgia General Assembly · active
O.C.G.A. § 9-10-1. Preference given to cases in which state is plaintiff
Where civil cases are pending in the superior courts, the Court of Appeals, or the Supreme Court in which the state is a party plaintiff, preference shall be given to such cases over all other cases so pending; and the judges or Justices, as the case may be, shall use all the power vested in them by law to bring the cases to a speedy trial and, whenever...
Bill or resolution · Georgia State Senate · February 19, 2025 · Vetoed
Criminal Procedure; offenses that are not serious violent felonies, sexual felonies, or other certain offenses to be charged by accusation of the district attorney; allow
Summary by Georgia Commons (AI-written): A Georgia Senate bill would let district attorneys charge most felony cases by accusation instead of requiring a grand jury indictment, while also rewriting the state's gun law preemption statute and changing who can sue over local gun rules. The bill was passed by the legislature but vetoed by the Governor.
(2) All laws relating to the rights and responsibilities attendant to indicted cases shall be applicable to cases charged by accusation signed by the district attorney. (3) The accusation need not be supported by affidavit except in cases where the defendant has not been previously arrested in conjunction with the actions alleged in the accusation or when...
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Code section · Georgia General Assembly · active
O.C.G.A. § 42-3-71. Discretionary release upon application by person charged with felony
The court in which a person is charged with a felony for which bond is permissible under the law may, upon the application by the person so charged, at its discretion release the person prior to conviction and upon recognizance to the supervision of a pretrial release or diversion program established and operated by DCS after an investigation and upon...
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