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GA HB525

GA HB525
Criminal procedure; discovery in misdemeanor cases; change provisions


summary

Introduced
02/19/2025
In Committee
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT To amend Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery, so as to change provisions relating to discovery in misdemeanor cases; to provide for reciprocal discovery on behalf of the accused; to require the accused to provide a list of witness and alibi information to the prosecuting attorney; to provide for procedures; to provide for a penalty for noncompliance; to provide for related matters; to repeal conflicting laws; and for other purposes.

AI Summary

This bill amends Georgia's criminal procedure law to establish a more comprehensive and reciprocal discovery process for misdemeanor cases. Under the new provisions, a defendant can elect to have the discovery article apply to their case, which then requires both the prosecution and defense to share detailed witness information, including names, addresses, dates of birth, and phone numbers, within specific timeframes before trial. The bill mandates that the prosecuting attorney provide the defendant with a list of witnesses, police incident reports, the defendant's statements, and scientific reports at least ten days before trial. In turn, the defendant must provide a similar list of their intended witnesses and notify the prosecution of any alibi defense, including specific locations and potential alibi witnesses. The bill also includes provisions for adding witnesses if new information becomes available and allows courts to make exceptions or impose sanctions if either party fails to comply with the discovery requirements. Additionally, the law preserves the prosecuting attorney's existing duty to disclose any evidence favorable to the defendant, ensuring transparency in the legal process.

Committee Categories

Justice

Sponsors (2)

Last Action

House Second Readers (on 02/21/2025)

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