2022 Georgia Code
Title 17 - Criminal Procedure
Chapter 6 - Bonds and Recognizances
Article 1 - General Provisions
§ 17-6-1. [Effective Until July 1, 2023. See note.] When Offenses Bailable; Procedure; Schedule of Bails; Appeal Bonds

1. The following offenses are bailable only before a judge of the superior court:
   1. Treason;
   2. Murder;
   3. Rape;
   4. Aggravated sodomy;
   5. Armed robbery;

      (5.1) Home invasion in the first degree;

   6. Aircraft hijacking and hijacking a motor vehicle in the first degree;
   7. Aggravated child molestation;
   8. Aggravated sexual battery;
   9. Manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II;
   10. Violating Code Section 16-13-31 or Code Section 16-13-31.1;
   11. Kidnapping, arson, aggravated assault, or burglary in any degree if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary in any degree, had previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary in any degree, or one or more of the offenses listed in paragraphs (1) through (10) of this subsection;
   12. Aggravated stalking;
   13. Violating Code Section 16-5-46; and
   14. Violations of Chapter 15 of Title 16.
2. 1. All offenses not included in subsection (a) of this Code section, inclusive of offenses that are violations of local ordinances, are bailable by a court of inquiry. Except as provided in subsection (g) of this Code section, at no time, either before a court of inquiry, when indicted or accused, after a motion for new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail. When determining bail for a person charged with a misdemeanor, courts shall not impose excessive bail and shall impose only the conditions reasonably necessary to ensure such person attends court appearances and to protect the safety of any person or the public given the circumstances of the alleged offense and the totality of circumstances.
   2. Except as otherwise provided in this chapter:
      1. A person charged with violating Code Section 40-6-391 whose alcohol concentration at the time of arrest, as determined by any method authorized by law, violates that provided in paragraph (5) of subsection (a) of Code Section 40-6-391 may be detained for a period of time up to six hours after booking and prior to being released on bail or on recognizance; and
      2. When an arrest is made by a law enforcement officer without a warrant upon an act of family violence or a violation of a criminal family violence order pursuant to Code Section 17-4-20, the person charged with the offense shall not be eligible for bail prior to the arresting officer or some other law enforcement officer taking the arrested person before a judicial officer pursuant to Code Section 17-4-21.
   3. 1. Notwithstanding any other provision of law, a judge of a court of inquiry may, as a condition of bail or other pretrial release of a person who is charged with violating Code Section 16-5-90 or 16-5-91, prohibit the defendant from entering or remaining present at the victim’s school, place of employment, or other specified places at times when the victim is present or intentionally following such person.
      2. If the evidence shows that the defendant has previously violated the conditions of pretrial release or probation or parole which arose out of a violation of Code Section 16-5-90 or 16-5-91, the judge of a court of inquiry may impose such restrictions on the defendant which may be necessary to deter further stalking of the victim, including but not limited to denying bail or pretrial release.
3. 1. In the event a person is detained in a facility other than a municipal jail for an offense which is bailable only before a judge of the superior court, as provided in subsection (a) of this Code section, and a hearing is held pursuant to Code Section 17-4-26, the presiding judicial officer shall notify the superior court in writing within 48 hours that the arrested person is being held without bail. If the detained person has not already petitioned for bail as provided in subsection (d) of this Code section, the superior court shall notify the district attorney and shall set a date for a hearing on the issue of bail within 30 days after receipt of such notice.
   2. In the event a person is detained in a municipal jail for an offense which is bailable only before a judge of the superior court as provided in subsection (a) of this Code section for a period of 30 days, the municipal court shall notify the superior court in writing within 48 hours that the arrested person has been held for such time without bail. If the detained person has not already petitioned for bail as provided in subsection (d) of this Code section, the superior court shall notify the district attorney and set a date for a hearing on the issue of bail within 30 days after receipt of such notice.
   3. Notice sent to the superior court pursuant to paragraph (1) or (2) of this subsection shall include any incident reports and criminal history reports relevant to the detention of such person.
4. A person charged with any offense which is bailable only before a judge of the superior court as provided in subsection (a) of this Code section may petition the superior court requesting that such person be released on bail. The court shall notify the district attorney and set a date for a hearing within ten days after receipt of such petition.
5. 1. A court shall be authorized to release a person on bail if the court finds that the person:
      1. Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
      2. Poses no significant threat or danger to any person, to the community, or to any property in the community;
      3. Poses no significant risk of committing any felony pending trial; and
      4. Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.
   2. When determining bail, as soon as possible, the court shall consider:
      1. The accused’s financial resources and other assets, including whether any such assets are jointly controlled;
      2. The accused’s earnings and other income;
      3. The accused’s financial obligations, including obligations to dependents;
      4. The purpose of bail; and
      5. Any other factor the court deems appropriate.
   3. If the person is charged with a serious violent felony and has already been convicted of a serious violent felony, or of an offense under the laws of any other state or of the United States which offense if committed in this state would be a serious violent felony, there shall be a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the person as required or assure the safety of any other person or the community. As used in this subsection, the term “serious violent felony” means a serious violent felony as defined in Code Section 17-10-6.1.
   4. A bond set for any offense by an elected judge, an appointed judge filling the vacancy of an elected judge, or judge sitting by designation that purports a dollar amount shall be executed in the full-face amount of such bond through secured means as provided for in Code Section 17-6-4 or 17-6-50 or shall be executed by use of property as approved by the sheriff in the county where the offense was committed.
   5. Notwithstanding any other provision of law, nothing in this Code section shall prohibit a duly sworn sheriff from releasing an inmate from custody in cases of medical emergency with the consent of the judge in the county in which he or she presides.
6. 1. Except as provided in subsection (a) of this Code section or as otherwise provided in this subsection, the judge of any court of inquiry may by written order establish a schedule of bails and unless otherwise ordered by the judge of any court, an accused shall be released from custody upon posting bail as fixed in the schedule.
   2. For offenses involving an act of family violence, as defined in Code Section 19-13-1, bail or other release from custody shall be set by a judge on an individual basis and a schedule of bails provided for in paragraph (1) of this subsection shall not be utilized; provided, however, that the judge shall include a listing of specific conditions which shall include, but not be limited to, having no contact of any kind or character with the victim or any member of the victim’s family or household, not physically abusing or threatening to physically abuse the victim, the immediate enrollment in and participation in domestic violence counseling, substance abuse therapy, or other therapeutic requirements.
   3. For offenses involving an act of family violence, the judge shall determine whether one or more specific conditions shall be used, except that any offense involving an act of family violence and serious injury to the victim shall be bailable only before a judge when the judge or the arresting officer is of the opinion that the danger of further violence to or harassment or intimidation of the victim is such as to make it desirable that the consideration of the imposition of additional conditions as authorized in this Code section should be made. Upon setting bail in any case involving family violence, the judge shall give particular consideration to the exigencies of the case at hand and shall impose any specific conditions as he or she may deem necessary. As used in this Code section, the term “serious injury” means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, substantial bruises to body parts, fractured bones, or permanent disfigurements and wounds inflicted by deadly weapons or any other objects which, when used offensively against a person, are capable of causing serious bodily injury.
   4. For violations of Code Section 16-15-4, the court shall require increased bail and shall include as a condition of bail or pretrial release that the accused shall not have contact of any kind or character with any other member or associate of a criminal street gang and, in cases involving an alleged victim, that the accused shall not have contact of any kind or character with any such victim or any member of any such victim’s family or household.
   5. For offenses involving violations of Code Section 40-6-393, bail or other release from custody shall be set by a judge on an individual basis and not a schedule of bails pursuant to this Code section.
7. No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, home invasion in any degree, aggravated child molestation, child molestation, kidnapping, trafficking in cocaine or marijuana, aggravated stalking, or aircraft hijacking and who has been sentenced to serve a period of incarceration of five years or more. The granting of an appeal bond to a person who has been convicted of any other felony offense or of any misdemeanor offense involving an act of family violence as defined in Code Section 19-13-1, or of any offense delineated as a high and aggravated misdemeanor or of any offense set forth in Code Section 40-6-391, shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies.
8. Except in cases in which life imprisonment or the death penalty may be imposed, a judge of the superior court by written order may delegate the authority provided for in this Code section to any judge of any court of inquiry within such superior court judge’s circuit. However, such authority may not be exercised outside the county in which said judge of the court of inquiry was appointed or elected. The written order delegating such authority shall be valid for a period of one year, but may be revoked by the superior court judge issuing such order at any time prior to the end of that one-year period.
9. As used in this Code section, the term “bail” shall include the release of a person on an unsecured judicial release, except as limited by Code Section 17-6-12.
10. For all persons who have been authorized by law or the court to be released on bail, sheriffs and constables shall accept such bail; provided, however, that the sureties tendered and offered on the bond are approved by the sheriff of the county in which the offense was committed.

History. Orig. Code 1863, § 4625; Code 1868, § 4649; Code 1873, § 4747; Code 1882, § 4747; Penal Code 1895, § 933; Penal Code 1910, § 958; Ga. L. 1922, p. 51, § 1; Code 1933, § 27-901; Ga. L. 1973, p. 454, § 1; Ga. L. 1980, p. 1359, § 1; Ga. L. 1982, p. 910, § 1; Ga. L. 1983, p. 3, § 14; Ga. L. 1983, p. 358, § 1; Ga. L. 1983, p. 452, § 1; Ga. L. 1984, p. 22, § 17; Ga. L. 1984, p. 679, § 1; Ga. L. 1984, p. 760, § 1; Ga. L. 1985, p. 416, § 1; Ga. L. 1986, p. 166, §§ 1, 2; Ga. L. 1988, p. 358, § 1; Ga. L. 1989, p. 1714, § 1; Ga. L. 1990, p. 8, § 17; Ga. L. 1991, p. 416, § 1; Ga. L. 1991, p. 1401, § 1; Ga. L. 1992, p. 1150, § 1; Ga. L. 1992, p. 2527, § 1; Ga. L. 1993, p. 91, § 17; Ga. L. 1993, p. 1534, § 2; Ga. L. 1994, p. 532, § 1; Ga. L. 1994, p. 1270, § .5; Ga. L. 1994, p. 1625, § 5; Ga. L. 1995, p. 379, §§ 1, 2; Ga. L. 1995, p. 989, §§ 1, 2; Ga. L. 1996, p. 1233, § 1; Ga. L. 1996, p. 1624, § 1; Ga. L. 1997, p. 143, § 17; Ga. L. 1998, p. 270, § 9; Ga. L. 1999, p. 391, § 3; Ga. L. 2000, p. 1171, § 1; Ga. L. 2006, p. 379, § 18/HB 1059; Ga. L. 2008, p. 817, § 1/HB 960; Ga. L. 2010, p. 226, § 1/HB 889; Ga. L. 2010, p. 230, §§ 8, 9/HB 1015; Ga. L. 2012, p. 899, § 8-8/HB 1176; Ga. L. 2013, p. 667, § 3/SB 86; Ga. L. 2014, p. 426, § 9/HB 770; Ga. L. 2017, p. 417, § 2-1/SB 104; Ga. L. 2018, p. 550, § 2-4/SB 407; Ga. L. 2020, p. 570, § 2-1/SB 402; Ga. L. 2021, p. 461, § 1/SB 174; Ga. L. 2021, p. 625, § 4/HB 479; Ga. L. 2022, p. 402, § 1/SB 461.

Delayed effective date.

Code Section 17-6-1 is set out twice in this Code. This version is effective until July 1, 2023. For version effective July 1, 2023, see the following version.

The 2018 amendment, effective July 1, 2018, in paragraph (b)(1), inserted “inclusive of offenses that are violations of local ordinances,” in the middle of the first sentence, and added the third sentence; designated the existing provisions of the introductory paragraph of subsection (e) as paragraph (e)(1); redesignated former paragraphs (e)(1) through (e)(4) as present subparagraphs (e)(1)(A) through (e)(1)(D), respectively; added paragraph (e)(2); designated the ending undesignated paragraph of subsection (e) as paragraph (e)(3); substituted “However, if” for “If” in present paragraph (e)(3); substituted “an accused” for “a person charged with committing any offense” in the middle of paragraph (f)(1); substituted “bail or other release from custody shall be set by a judge on an individual basis and a schedule of bails provided for in paragraph (1) of this subsection shall not be utilized; provided, however, that the judge” for “the schedule of bails provided for in paragraph (1) of this subsection shall require increased bail and” near the middle of paragraph (f)(2); in paragraph (f)(3), in the first sentence, deleted “the schedule of bails and” following “determine whether”, and deleted “of its” preceding “specific conditions”; in paragraph (f)(4), substituted “accused” for “defendant” twice, and substituted “an alleged victim” for “a victim” in the middle; in subsection (i), deleted “the” following “shall include” in the middle, and deleted “the provisions of” preceding “Code Section 17-6-12”.

The 2020 amendment, effective January 1, 2021, added paragraphs (e)(4) and (e)(5) and, in subsection (i), substituted “the release” for “releasing” and substituted “an unsecured judicial release” for “such person’s own recognizance”.

The 2021 amendments.

The first 2021 amendment, effective May 4, 2021, in paragraph (e)(4), substituted “A bond set for any offense” for “Any bond issued” at the beginning, and inserted “, an appointed judge filling the vacancy of an elected judge,” near the middle. The second 2021 amendment, effective May 10, 2021, deleted “or 17-4-62” following “Code Section 17-4-26” in the first sentence of paragraph (c)(1). See Editor’s notes for applicability.

The 2022 amendment, effective July 1, 2022, deleted “and” from the end of paragraph (a)(12), added paragraph (a)(13), and redesignated former paragraph (a)(13) as present paragraph (a)(14).

Cross references.

Bail in magistrate court criminal cases, Uniform Rules for the Magistrate Courts, Rule 23.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1991, “six” was substituted for “6” in paragraph (2) of subsection (b) (now subparagraph (b)(2)(A)).

Pursuant to Code Section 28-9-5, in 1995, paragraph (11) of subsection (a), as enacted by Ga. L. 1995, p. 989, § 1, was redesignated as paragraph (12) of subsection (a), owing to the use of a duplicate paragraph designation by Ga. L. 1995, p. 379, § 1.

Pursuant to Code Section 28-9-5, in 2010, “Chapter 15 of Title 16” was substituted for “the ‘Georgia Street Gang Terrorism and Prevention Act’ ” in paragraph (a)(13).

Editor’s notes.

Ga. L. 1986, p. 166, § 3, not codified by the General Assembly, provided that that Act would become effective July 1, 1986, and would apply to prosecutions commenced on or after that date.

Ga. L. 1994, p. 1625, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Anti-motor Vehicle Hijacking Act of 1994’ ”.

Ga. L. 1995, p. 379, § 3, not codified by the General Assembly, provides that the amendment by that Act shall apply to all bail hearings held on or after July 1, 1995, without regard to whether the offense was committed prior to, on, or after July 1, 1995, and without regard to whether an underlying prior conviction occurred prior to, on, or after July 1, 1995.

Ga. L. 1995, p. 989, § 3, not codified by the General Assembly, provides that the amendment by that act shall apply to acts committed on or after July 1, 1995.

Ga. L. 1999, p. 391, §§ 1 and 2, not codified by the General Assembly, provides in part that the memory of all victims of drunken driving and Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye should be honored and that this Act shall be known and may be cited as “Heidi’s Law”.

Ga. L. 2006, p. 379, § 1/HB 1059, not codified by the General Assembly, provides that: “The General Assembly finds and declares that recidivist sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Many sexual offenders are extremely likely to use physical violence and to repeat their offenses; and some sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. The General Assembly finds that this makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. The General Assembly further finds that the high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes:

“(1) Incarcerating sexual offenders and maintaining adequate facilities to ensure that decisions to release sexual predators into the community are not made on the basis of inadequate space;

“(2) Requiring the registration of sexual offenders, with a requirement that complete and accurate information be maintained and accessible for use by law enforcement authorities, communities, and the public;

“(3) Providing for community and public notification concerning the presence of sexual offenders;

“(4) Collecting data relative to sexual offenses and sexual offenders;

“(5) Requiring sexual predators who are released into the community to wear an electronic monitoring system for the rest of their natural life and to pay for such system; and

“(6) Prohibiting sexual predators from working with children, either for compensation or as a volunteer.

“The General Assembly further finds that the state has a compelling interest in protecting the public from sexual offenders and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual offenders to register and for requiring community and public notification of the presence of sexual offenders. The General Assembly declares that in order to protect the public, it is necessary that the sexual offenders be registered and that members of the community and the public be notified of a sexual offender’s presence. The designation of a person as a sexual offender is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from the conviction of certain crimes. Likewise, the designation of a person as a sexual predator is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from findings by the Sexual Offender Registration Review Board and a court if requested by a sexual offender.”

Ga. L. 2006, p. 379, § 30(c)/HB 1059, not codified by the General Assembly, provides that: “The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment.”

Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act.”

Ga. L. 2021, p. 625, § 8/HB479, not codified by the General Assembly, provides, in part, that: “This Act shall not apply to rights and duties that matured, penalties that were incurred, or proceedings that were begun before the effective date of this Act.” This Act became effective May 10, 2021.

Law reviews.

For comment on Ingram v. Grimes, 213 Ga. 652 , 100 S.E.2d 914 (1957), holding that the granting of bail after conviction rests on the discretion of the trial court even when a motion for new trial is pending, see 21 Ga. B.J. 235 (1958).

For note, “Bail in Georgia: Elimination of ‘Double Bonding’ — A Partially Solved Problem,” see 8 Ga. St. B.J. 220 (1971).

For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986).

For note, “The Effect of Salerno v. United States on the Use of State Preventive Detention Legislation: A New Definition of Due Process,” see 22 Ga. L. Rev. 805 (1988).

For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 216 (1989).

For note on 1991 amendment of this Code section, see 8 Ga. St. U.L. Rev. 43 (1992).

For note on 1991 amendment of this Code section, see 8 Ga. St. U.L. Rev. 129 (1992).

For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 95 (1993).

For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 99 (1994).

For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 129 (1994).

For note on the 1995 amendment of this Code section, see 12 Ga. St. U.L. Rev. 141 (1995).

For review of 1998 legislation relating to crimes and offenses, see 15 Ga. St. U. L. Rev. 80 (1998).

For note on 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 200 (1999).

For article on 2006 amendment of this Code section, see 23 Ga. St. U. L. Rev. 11 (2006).

For survey article on criminal law, see 59 Mercer L. Rev. 89 (2007).

For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 290 (2012).

For note, “Give It to Me, I’m Worth It: The Need to Amend Georgia’s Record Restriction Statute to Provide Ex-Offenders with a Second Chance in the Employment Sector,” see 52 Ga. L. Rev. 267 (2017).

For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 61 (2017).

For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).

For note, “Bailing on Bail: The Unconstitutionality of Fixed, Monetary Bail Systems and Their Continued Use Throughout the United States,” see 52 Ga. L. Rev. 985 (2018).

For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 45 (2018).

For note, “A ‘Critical’ Question of State Law: Georgia’s Ambiguous Treatment of Initial Appearance Hearings and the Implications of Bail Reform,” see 54 Ga. L. Rev. 363 (2019).

For article, “HB 479: Repeal of Georgia’s Citizen’s Arrest Law,” see 38 Ga. St. U.L. Rev. 25 (2021).

For article, “SB 174: Revising Georgia’s List of Bail Restricted Offenses,” see 38 Ga. St. U.L. Rev. 41 (2021).