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GA HB199
Bill
Status
Passed
5/20/2010
Primary Sponsor
John Hatfield
Click for details
AI Summary
- Amends Georgia Code Section 17-4-40 to grant judges discretion to deny a warrant application without providing notice to the person whose arrest is sought, when the application and testimony fail to demonstrate probable cause
- Retains the existing requirement that when a non-law enforcement person applies for an arrest warrant, a warrant application hearing must generally be scheduled with notice to the person whose arrest is sought
- Preserves exceptions allowing immediate warrant issuance without a hearing in cases involving immediate safety threats, flight risk, incarcerated persons, fugitives, deposit account fraud with prior notice, or family violence
- Adds a new provision (paragraph 8) explicitly authorizing judges to deny a warrant based solely on the application and testimony presented at the time of filing, without notifying the accused person
- Maintains the existing protection that no warrant shall be quashed nor evidence suppressed due to procedural irregularities that do not affect the substantial constitutional rights of the accused
Legislative Description
Warrants for arrest; persons who may issue warrants; provisions
Last Action
Effective Date
7/1/2010
Committee Referrals
Judiciary3/26/2010
Judiciary - Non-Civil1/29/2009
Full Bill Text
No bill text available