Bill > HB1255

This bill modernizes discovery processes in criminal cases by requiring that copies of indictments and accusations be mailed to defendants and their attorneys within five days of filing, unless an arraignment is scheduled sooner. It also modifies the timeline for filing pretrial motions, allowing for a longer period after the prosecution has complied with its discovery obligations, and expands the definition of "possession, custody, or control of the state" to include law enforcement agencies. The bill introduces new definitions for terms like "law enforcement agency" and "written scientific reports," and clarifies that discovery rules apply to all defendants in a multidefendant case if one defendant opts in. Furthermore, it mandates more detailed disclosure requirements for both the prosecution and the defense regarding expert witnesses, including their opinions, bases, supporting data, qualifications, and prior testimony. For misdemeanor cases where a jury cannot be empaneled, the bill makes discovery rules applicable unless both sides agree otherwise. Finally, it updates procedures for serving subpoenas, allowing for service via electronic transmission and by designated individuals within law enforcement units and multidisciplinary teams, and corrects a cross-reference related to the Division of Forensic Sciences.

Justice

https://www.legis.ga.gov/legislation/73025