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O.C.G.A. § 17-6-12

(For effective date, see note.) Unsecured judicial release; requirement; effect of failure of person charged to appear for trial

Redline — December 1, 2018 → current.View current text →
Current — February 1, 2022
As of December 1, 2018
(1) As used in this Code section, the term "bail restricted offense” means the person is charged with: A serious violent felony as such term is defined in Code Section 17-10-6.1; or
(1) As used in this Code section, the term: “Bail restricted offense” means the person is charged with: An offense of: Murder or felony murder, as defined in Code Section 16-5-1;
(2) Armed robbery, as defined in Code Section 16-8-41;
(3) Kidnapping, as defined in Code Section 16-5-40;
(4) Rape, as defined in Code Section 16-6-1;
(5) Aggravated child molestation, as defined in subsection (c) of Code Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4;
(6) Aggravated sodomy, as defined in Code Section 16-6-2; or
(7) Aggravated sexual battery, as defined in Code Section 16-6-22.2;
(2) A felony offense of: Aggravated assault;
(8) A felony offense of: Aggravated assault;
(3) Aggravated battery;
(9) Aggravated battery;
(4) Hijacking a motor vehicle in the first degree;
(10) Hijacking a motor vehicle in the first degree;
(5) Aggravated stalking;
(11) Aggravated stalking;
(6) Child molestation;
(12) Child molestation;
(7) Enticing a child for indecent purposes;
(13) Enticing a child for indecent purposes;
(8) Pimping;
(14) Pimping;
(9) Robbery;
(15) Robbery;
(10) Bail jumping;
(16) Bail jumping;
(11) Escape;
(17) Escape;
(12) Possession of a firearm or knife during the commission of or attempt to commit certain crimes;
(18) Possession of a firearm or knife during the commission of or attempt to commit certain crimes;
(13) Possession of firearms by convicted felons and first offender probationers;
(19) Possession of firearms by convicted felons and first offender probationers;
(14) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine;
(20) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine;
(15) Participating in criminal street gang activity;
(21) Participating in criminal street gang activity;
(16) Habitual violator; or
(22) Habitual violator;
(17) Driving under the influence of alcohol, drugs, or other intoxicating substances.
(23) Driving under the influence of alcohol, drugs, or other intoxicating substances;
(24) Entering an automobile or other mobile vehicle with intent to commit theft or felony, as defined in Code Section 16-8-18; or
(25) Stalking; or
(26) A misdemeanor offense of: Crimes involving family violence, as defined in Code Section 19-13-1; or
(27) Stalking.
(28) “Unsecured judicial release” means any release that does not purport a dollar amount through secured means as provided for in Code Section 17-6-4 or 17-6-50 or property as approved by the sheriff in the county where the offense was committed and that is: On a person’s own recognizance; or
(18) A person charged with a bail restricted offense shall not be released on bail on his or her own recognizance for the purpose of entering a pretrial release program, a pretrial release and diversion program as provided for in Article 4 of Chapter 3 of Title 42, or a pretrial intervention and diversion program as provided for in Article 4 of Chapter 18 of Title 15, or pursuant to Uniform Superior Court Rule 27, unless an elected magistrate, elected state or superior court judge, or other judge sitting by designation under the express written authority of such elected judge, enters a written order to the contrary specifying the reasons why such person should be released upon his or her own recognizance.
(29) For the purpose of entering a pretrial release program, a pretrial release and diversion program as provided for in Article 4 of Chapter 3 of Title 42, or a pretrial intervention and diversion program as provided for in Article 4 of Chapter 18 of Title 15, or pursuant to Uniform Superior Court Rule 27.
(30) An elected judge, an appointed judge filling the vacancy of an elected judge, or judge sitting by designation may issue an unsecured judicial release if: Such unsecured judicial release is noted on the release order; and
(31) The person is not charged with a bail restricted offense.
(19) Except as provided in subsection (b) of this Code section and in addition to other laws regarding the release of an accused person, the judge of any court having jurisdiction over a person charged with committing an offense against the criminal laws of this state shall have authority, in his or her sound discretion and in appropriate cases, to authorize the release of the person upon his or her own recognizance only.
(32) Except as provided in subsection (b) of this Code section and in addition to other laws regarding the release of an accused person, the judge of any court having jurisdiction over a person charged with committing an offense against the criminal laws of this state shall have authority, in his or her sound discretion and in appropriate cases, to authorize the release of the person on an unsecured judicial release only.
(20) Upon the failure of a person released on his or her own recognizance to appear for trial, if the release is not otherwise conditioned by the court, absent a finding of sufficient excuse to appear, the court shall summarily issue an order for his or her arrest which shall be enforced as in cases of forfeited bonds.
(33) Upon the failure of a person released on an unsecured judicial release to appear for trial, if the release is not otherwise conditioned by the court, absent a finding of sufficient excuse to appear, the court shall summarily issue an order for his or her arrest which shall be enforced as in cases of forfeited bonds.
(viii.1) Burglary;

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.