2022 Georgia Code
Title 17 - Criminal Procedure
Chapter 16 - Discovery
Article 1 - Definitions; Felony Cases
§ 17-16-2. Applicability of Article

1. This article shall apply to all criminal cases in which at least one felony offense is charged in the event that at or prior to arraignment, or at such time as the court permits, the defendant provides written notice to the prosecuting attorney that such defendant elects to have this article apply to the defendant’s case. When one defendant in a multidefendant case demands discovery under this article, the provisions of this article shall apply to all defendants in the case, unless a severance is granted.
2. Except as provided in subsection (c) of this Code section, this article shall not apply to juvenile court proceedings.
3. This article shall be deemed to have been automatically invoked, without the written notice provided for in subsection (a) of this Code section, when a defendant has sought discovery pursuant to Chapter 11 of Title 9, the “Georgia Civil Practice Act,” pursuant to Part 8 of Article 6 of Chapter 11 of Title 15, or pursuant to the Uniform Rules for the Juvenile Courts of Georgia where such discovery material is the same as the discovery material that may be provided under this article when a written notice is filed pursuant to subsection (a) of this Code section.
4. Except as provided under Code Section 17-16-8, this article is not intended to authorize discovery or inspection of attorney work product.
5. This article shall apply also to all criminal cases in which at least one felony offense is charged which was docketed, indicted, or in which an accusation was returned prior to January 1, 1995, if both the prosecuting attorney and the defendant agree in writing that the provisions of this article shall apply to the case.
6. Except as provided in paragraph (3) of subsection (b) of Code Section 17-16-4, if a defendant has elected to have the provisions of this article apply, the provisions of this article shall also apply to sentencing hearings and the sentencing phase of a death penalty trial.

History. Code 1981, § 17-16-2 , enacted by Ga. L. 1994, p. 1895, § 4; Ga. L. 1995, p. 1250, § 2; Ga. L. 2005, p. 20, § 12/HB 170; Ga. L. 2005, p. 474, § 1/HB 222; Ga. L. 2013, p. 294, § 4-21/HB 242.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2005, subsection (e) as enacted by Ga. L. 2005, p. 20, § 12, was redesignated as subsection (f).

Editor’s notes.

Ga. L. 2005, p. 20, § 1/HB 170, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Criminal Justice Act of 2005.’ ”

Ga. L. 2005, p. 20, § 17/HB 170, not codified by the General Assembly, provides that the first 2005 amendment applies to all trials which commence on or after July 1, 2005.

Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.”

Law reviews.

For note and comment, “Hope for the Best and Prepare for the Worst: The Capital Defender’s Guide to Reciprocal Discovery in the Sentencing Phase of Georgia Death Penalty Trials,” see 23 Ga. St. U.L. Rev. 995 (2007).