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GA HB352
Bill
Status
Engrossed
3/11/2015
Primary Sponsor
Brian Strickland
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AI Summary
- Allows defendants in misdemeanor cases to opt into reciprocal discovery by providing written notice to the prosecuting attorney at or prior to arraignment, replacing the previous system where both parties had to agree in writing
- Requires the prosecuting attorney, when a defendant opts in, to provide witness lists with names, addresses, dates of birth, and phone numbers at least 10 days before trial; the defendant must reciprocate with their own witness list within 10 days of receiving the state's list but no later than 5 days before trial
- Obligates the prosecuting attorney to disclose the defendant's custodial statements, police incident reports, supplemental police reports, written scientific reports, and tangible evidence intended for use at trial at least 10 days before trial
- Requires defendants who opt in and intend to assert an alibi defense to provide written notice to the prosecuting attorney specifying the claimed location and identifying alibi witnesses, with the state then required to disclose its rebuttal alibi witnesses within 5 days
- Establishes sanctions for noncompliance by either party, allowing the court to order discovery, grant continuances, or—upon a showing of prejudice and bad faith—prohibit the noncompliant party from introducing undisclosed evidence or witnesses
Legislative Description
Criminal procedure; change provisions relating to discovery in misdemeanor cases; provisions
Last Action
Senate Committee Favorably Reported By Substitute
3/11/2016
Full Bill Text
No bill text available