Issuance of Warrants by Video Conference; Testimony; Initial Bond Hearings; Oaths

  1. Law
  2. Georgia Code
  3. Criminal Procedure
  4. Arrest of Persons
  5. Warrants for Arrest
  6. Issuance of Warrants by Video Conference; Testimony; Initial Bond Hearings; Oaths

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  1. A judge of any court in this state authorized to issue arrest warrants pursuant to Code Section 17-4-40 may, as an alternative to other laws relating to the issuance of arrest warrants, conduct such applications for the issuance of arrest warrants by video conference. The issuance of an arrest warrant by video conference shall be valid irrespective of the physical location of the judge at the time of the video conference, provided that the judge issuing the warrant is authorized by law to issue such warrant, and, at the time such warrant is issued, he or she is physically located within this state.
  2. Arrest warrant applications heard by video conference shall be conducted in a manner to ensure that the judge conducting the hearing has visual and audible contact with all affiants and witnesses giving testimony.
  3. The affiant participating in an arrest warrant application by video conference shall sign the affidavit for an arrest warrant and any related documents by any reasonable means which identifies the affiant, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the person signing the affidavit and any related documents. The judge participating in an arrest warrant application by video conference shall sign the affidavit for an arrest warrant, the arrest warrant, and any related documents by any reasonable means which identifies the judge, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the judicial officer signing the affidavit and warrant and any related documents. Such authorization shall be deemed to comply with the signature requirements provided for in Code Sections 17-4-45 and 17-4-46.
  4. A judge may also utilize a video conference to conduct hearings relating to the issuance of an initial bond connected with an offense for which an arrest warrant is issued, provided that the setting of such bond is within the jurisdiction of that court.
  5. A judge hearing matters pursuant to this Code section shall administer an oath to any person testifying by means of a video conference.

(Code 1981, §17-4-47, enacted by Ga. L. 1998, p. 872, § 1; Ga. L. 1999, p. 81, § 17; Ga. L. 2008, p. 324, § 17/SB 455; Ga. L. 2013, p. 584, § 1/HB 146.)

RESEARCH REFERENCES

ALR.

- Constitutional and statutory validity of judicial videoconferencing, 115 A.L.R.5th 509.

ARTICLE 4 ARREST BY PRIVATE PERSONS

Cross references.

- Immunity from criminal liability of persons rendering assistance to law enforcement officers, § 16-3-22.


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