Issuance of Notice to Appear for Show Cause Hearing; Requirement of Bond; Hearing; Payment of Court Costs by Affiant; Issuance of Order of Arrest

  1. Law
  2. Georgia Code
  3. Criminal Procedure
  4. Bonds and Recognizances
  5. Bonds for Good Behavior and to Keep the Peace
  6. Bonds for Good Behavior
  7. Issuance of Notice to Appear for Show Cause Hearing; Requirement of Bond; Hearing; Payment of Court Costs by Affiant; Issuance of Order of Arrest

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  1. Any judicial officer authorized to hold a court of inquiry may, upon the application of others under oath or upon his or her own motion, issue a notice to appear for a show cause hearing to any person whose conduct in the county is sufficient to justify the belief that the safety of any one or more persons in the county or the peace or property of the same is in danger of being injured or disturbed thereby. Such show cause hearing shall be held within seven days of such application or motion. Upon sufficient cause being shown, the court may require from the person a bond with sureties for such person's good behavior with reasonable conditions to ensure the safety of persons or property in the county or the preservation of the peace of the county for a period of up to six months.
  2. All bonds posted under this Code section shall be returnable in the court which required the bond and shall be amendable in the court's discretion.
  3. If it is determined at a hearing that there was not sufficient cause for a hearing to have been held, the affiant who caused the bond to be imposed shall pay all court costs.
  4. At the time of or at any time after the filing of an application as provided in subsection (a) of this Code section, the judicial officer may, in his or her sound discretion, issue an order of arrest for the person or persons named in the application if the sworn allegations regarding the conduct of such person or persons is sufficient to justify the belief that there is imminent danger of injury to any person in the county, damage to any property in the county, or disturbance of the peace of the county. Upon the arrest of such person, a hearing as provided in subsection (a) of this Code section shall be held within 24 hours; otherwise, such person shall be released on bond with sureties and reasonable conditions for his or her good behavior until a hearing can be held.
  5. As used in this Code section, the term "county" means the county in which the judicial officer is authorized to hold a court of inquiry.

(Orig. Code 1863, § 4627; Code 1868, § 4651; Code 1873, § 4749; Code 1882, § 4749; Penal Code 1895, § 1235; Penal Code 1910, § 1317; Code 1933, § 76-101; Ga. L. 1974, p. 322, § 1; Ga. L. 1978, p. 1924, § 1; Ga. L. 1986, p. 1151, § 1; Ga. L. 2007, p. 493, § 1/SB 106; Ga. L. 2013, p. 584, § 3/HB 146.)

OPINIONS OF THE ATTORNEY GENERAL

Return to county of issuance.

- Peace warrant proceedings must be returned to the superior court of the county in which the warrant was issued. 1974 Op. Att'y Gen. No. U74-7.

Collection of costs in peace warrant proceeding.

- Collection of costs in a peace warrant proceeding which was never returned to the superior court for disposition would be a violation of former Code 1933, §§ 89-9909 and 89-9910 (see O.C.G.A. § 45-11-5) and a misdemeanor. 1974 Op. Att'y Gen. No. U74-7.

Purpose of provision for return to state court.

- Former Code 1933, §§ 76-101 and 76-201 (see O.C.G.A. §§ 17-6-90 and17-6-110) vested jurisdiction for the return of good behavior or peace bonds in the state court in counties in which such a court was established. That change in jurisdiction, not procedure, was the purpose of Ga. L. 1978, p. 1924. 1978 Op. Att'y Gen. No. U78-50.

Probate court jurisdiction.

- Because a probate court may hold a court of inquiry pursuant to O.C.G.A. § 17-7-20, the court may also issue warrants and require bond pursuant to either O.C.G.A. § 17-6-90 or O.C.G.A. § 17-6-110. 1995 Op. Att'y Gen. No. U95-1.


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