Disposition of Commitment Form, Warrant, and Other Papers; Delivery of Accused to Person in Charge of Jail

  1. Law
  2. Georgia Code
  3. Criminal Procedure
  4. Pretrial Proceedings
  5. Commitment Hearings
  6. Disposition of Commitment Form, Warrant, and Other Papers; Delivery of Accused to Person in Charge of Jail

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  1. The commitment form shall be delivered to the officer in whose charge the accused person is placed, and the officer shall deliver it with the accused person to the sheriff or the other person in charge of the jail. A memorandum of the commitment shall be entered on the warrant by the judicial officer.
    1. The warrant and all other papers shall be forwarded to the clerk of the court having jurisdiction over the offense for delivery to the prosecuting attorney. After such delivery, if the prosecuting attorney decides to dismiss the case prior to filing an accusation or without seeking an indictment, he or she shall file a notice of such fact with the clerk of the court having jurisdiction over the offense. Such notice shall include the warrant number, if any, and any other identifying number assigned to the case by the Georgia Crime Information Center. Within 30 days of receiving such notice, the clerk of court shall transmit a copy of such notice to the Georgia Crime Information Center.
    2. Nothing in this subsection shall prevent a prosecuting attorney who has probable cause from seeking charges against an accused within the applicable statute of limitations.

(Orig. Code 1863, § 4623; Code 1868, § 4647; Code 1873, § 4745; Code 1882, § 4745; Penal Code 1895, § 924; Penal Code 1910, § 949; Code 1933, § 27-420; Ga. L. 2016, p. 443, § 6B-1/SB 367.)

Law reviews.

- For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 139 (2016).

JUDICIAL DECISIONS

Cited in Fox v. State, 34 Ga. App. 74, 128 S.E. 222 (1924); Sykes v. South Side Atlanta Bank, 53 Ga. App. 450, 186 S.E. 464 (1936); Powell v. Gregg, 118 Ga. App. 225, 163 S.E.2d 251 (1968).

OPINIONS OF THE ATTORNEY GENERAL

No duty to file or record documents.

- Clerks through whom documents are transmitted under O.C.G.A. § 17-7-72 have no duty to file or record the documents. 1983 Op. Att'y Gen. No. U83-38.

Court clerk must deliver the original of all warrants and other papers pertaining to commitment to the appropriate prosecuting attorney when the latter becomes available to receive the papers. 1983 Op. Att'y Gen. No. U83-38.

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, § 554 et seq.

C.J.S.

- 22 C.J.S., Criminal Procedure and Rights of the Accused, § 109 et seq.


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