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Found 508 matching passages in 457 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.
Ben Sessions. Good afternoon, Mr. Chairman. Good afternoon, y'all. I, I sit before you today as a hypocrite. Um, about 10 years ago I sat in a different room across the street, and I talked about why it is that you should, uh, you should vote against a reciprocal discovery bill Um, today I sit before you and tell you that you should vote in favor of...
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...
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. § 17-7-171. 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...
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.
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...
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...
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.
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...
Code section · Georgia General Assembly · active
O.C.G.A. § 15-11-511. Arraignment; admissions at arraignment; right to attorney
(a) At arraignment, the court shall inform a child of: (1) The contents of the petition alleging delinquency; (2) The nature of the proceedings; (3) The possible consequences or dispositions that may apply to such child’s case following adjudication; and (4) His or her due process rights, including the right to an attorney and to an appointed attorney; the...
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...
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...
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
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 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Code section · Georgia General Assembly · active
O.C.G.A. § 15-11-510. Intake; informal adjustment
(a) If an alleged delinquent child has not been detained after the filing of a complaint, he or she shall be promptly referred to intake or given a date for arraignment. (b) At intake, the court, the juvenile court intake officer, or other officer designated by the court shall inform a child of: (1) The contents of the complaint; (2) The nature of the...
Code section · Georgia General Assembly · active
O.C.G.A. § 42-6-3. Time limit for trial; notice and request for final disposition; notification of inmate and interested parties; effect of escape by inmate
(a) Whenever a person has entered upon a term of imprisonment in a penal institution under the jurisdiction of the department and whenever during the continuance of the term of imprisonment there is pending in any court in this state any untried indictment or accusation on the basis of which a detainer has been filed against such an inmate, he shall be...
Code section · Georgia General Assembly · active
O.C.G.A. § 17-8-31. Party, leading attorney, or material witness in attendance on active duty as member of National Guard or component of armed forces of the United States as grounds for granting continuance; setting bail in certain cases
(a) It shall be the duty of any judge of the courts of this state to continue any case in the court on or without motion when any party thereto or his or her leading attorney is absent from court when the case is reached by reason of his or her attendance on active duty as a member of the National Guard or a reserve or active component of the armed forces...
Code section · Georgia General Assembly · active
O.C.G.A. § 42-6-20. Enactment and text of agreement
The Agreement on Detainers is enacted into law and entered into by this State with all other jurisdictions legally joining therein in the form substantially as follows: The contracting states solemnly agree that: ARTICLE I. The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints,...
(a) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom he has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with Article V (a) hereof upon presentation of a written request for temporary...
Code section · Georgia General Assembly · active
O.C.G.A. § 17-17-1. Declaration of policy
The General Assembly hereby finds and declares it to be the policy of this state that victims of crimes should be accorded certain basic rights just as the accused are accorded certain basic rights. These rights include: (1) The right to reasonable, accurate, and timely notice of any scheduled court proceedings or any changes to such proceedings; (2) The...
Code section · Georgia General Assembly · active
O.C.G.A. § 17-8-33. Granting of continuances where indictment found or accusation made; continuance where material witness unavailable; continuances required by principles of justice; granting of continuance where postponement possible to later date in term
(a) Every person against whom a true bill of indictment is found or an accusation is made shall be tried at the term of the court at which the indictment is found or the accusation is made unless the absence of a material witness or the principles of justice should require a continuance of the case, in which case the court shall allow a continuance until...
Code section · Georgia General Assembly · active
O.C.G.A. § 9-14-22. Appeals; speedy hearing; transmittal of remittitur
(a) Appeals in habeas corpus cases shall be governed, in all respects where applicable, by the laws in reference to appeals in other cases regarding the practice in the lower courts and in the Supreme Court relating to the time and manner of signing, filing, serving, transmitting, and hearing. (b) It shall be the duty of the Supreme Court to give a speedy...
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