Section 17-7-50.1 – Time for presentment of child’s case to a grand jury; exception

May 11, 2021 | Criminal Procedure, Georgia

(a) Any child who is charged with a crime that is within the jurisdiction of the superior court, as provided in Code Section 15-11-560 or 15-11-561, who is detained shall within 180 days of the date of detention be entitled to have the charge against him or her presented to the grand jury. The superior court shall, upon motion for an extension of time and after a hearing and good cause shown, grant one extension to the original 180 day period, not to exceed 90 additional days.
(b) If the grand jury does not return a true bill against the detained child within the time limitations set forth in subsection (a) of this Code section, the detained child’s case shall be transferred to the juvenile court and shall proceed thereafter as provided in Chapter 11 of Title 15.
(c) The provisions of this Code section shall not apply to any case in which the prosecuting attorney files notice with the court that the detained child is a codefendant to a case in which an adult is charged with committing the same offense and the state has filed a notice of its intention to seek the death penalty.

OCGA § 17-7-50.1

Amended by 2013 Ga. Laws 127,§ 4-15, eff. 1/1/2014.
Added by 2006 Ga. Laws 475,§ 2, eff. 7/1/2006.