17-10-1.1
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17-10-1.1.
(a)
A prosecuting attorney bringing charges against a defendant shall notify, where
practical, the alleged victim or, when the victim is no longer living, a member
of the
victiḿs
family of his or her right to submit a victim impact form.
(b)(1)
A victim impact form shall identify the victim of the offense and the
perpetrator.
(2)
A victim impact form may itemize any economic loss suffered by the victim as a
result of the offense and may:
(A)
Identify any physical injury suffered by the victim as a result of the offense
along with its seriousness and permanence;
(B)
Describe any change in the
victiḿs
personal welfare or familial relationships as a result of the offense;
and
(C)
Contain any other information related to the impact of the offense upon the
victim or the
victiḿs
family that the victim wishes to include.
(c)
The Prosecuting
Attorneyś
Council of Georgia shall establish forms which are designed to obtain the
information specified by subsection (b) of this Code section. The Prosecuting
Attorneyś
Council of Georgia shall make copies of such form available to prosecuting
attorneys in the state. It shall be the duty of the prosecuting attorney or his
or her designee to make such forms available to crime victims.
(d)
The victim may complete a victim impact form and submit such form to the
appropriate prosecuting attorney charged with the prosecution of the case. If
the victim is unable to do so because of such
victiḿs
mental, emotional, or physical incapacity, or because of such
victiḿs
age, the
victiḿs
attorney or a family member may complete the victim impact form on behalf of the
victim.
(e)(1)
If, prior to trial, the defendant engages in discussion with the prosecuting
attorney for the purpose of reaching a plea agreement or other pretrial
disposition of his or her case, the prosecuting attorney shall, upon the request
of the defendant, provide the defendant with a copy of the victim impact form
relating to the
defendant́s
case within a reasonable time prior to such discussions.
(2)
If the prosecuting attorney intends to present information from a victim impact
form to the court at any hearing at which sentencing or a determination of
restitution will be considered by the court, the prosecuting attorney shall
furnish a copy of the victim impact form to the defendant not less than five
days prior to any such hearing. The defendant shall have the right to rebut the
information contained in the victim impact form.
(3)
The court shall consider the victim impact form that is presented to the court
prior to imposing a sentence or making a determination as to the amount of
restitution.
(f)
If for any reason a victim was not allowed an opportunity to make a written
victim impact statement, the victim may submit a victim impact statement to the
State Board of Pardons and Paroles in any case prior to consideration of parole.
(g)
No sentence shall be invalidated because of failure to comply with the
provisions of this Code section. This Code section shall not be construed to
create any cause of action or any right of appeal on behalf of any person.