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HB 1299 - Discovery and disclosure; oral scientific reports

Crawford, Robert (Mack) M (129th)	Jenkins, Curtis S (110th)	Martin, Jim (47th)

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First Reader Summary

A BILL to amend Article 1 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases, so as to clarify the provisions relating to oral scientific reports; to change the time for allowing inspection of certain defendant's reports of physical or mental examinations and scientific tests or experiments; and for other purposes.

HB 1299                                            LC 22 3834 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 1 of Chapter 16 of Title 17 of the Official 
  1- 2  Code of Georgia Annotated, relating to discovery in felony 
  1- 3  cases, so as to clarify the provisions relating to oral 
  1- 4  scientific reports; to change the time for allowing 
  1- 5  inspection of certain defendant's reports of physical or 
  1- 6  mental examinations and scientific tests or experiments; to 
  1- 7  provide for other matters relative to the foregoing; to 
  1- 8  provide an effective date; to repeal conflicting laws; and 
  1- 9  for other purposes. 
 
  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-11                           SECTION 1. 
 
  1-12  Article 1 of Chapter 16 of Title 17 of the Official Code of 
  1-13  Georgia Annotated, relating to discovery in felony cases, is 
  1-14  amended by striking paragraph (4) of subsection (a) of Code 
  1-15  Section 17-16-4, relating to disclosures required of the 
  1-16  prosecuting attorney and defendant, and inserting in lieu 
  1-17  thereof the following: 
 
  1-18      "(4) The prosecuting attorney shall, no later than ten 
  1-19      days prior to trial, or as otherwise ordered by the 
  1-20      court, permit the defendant at a time agreed to by the 
  1-21      parties or ordered by the court to inspect and copy or 
  1-22      photograph a report of any physical or mental 
  1-23      examinations and of scientific tests or experiments, 
  1-24      including a summary of the basis for the expert opinion 
  1-25      rendered in the report, or copies thereof, if the state 
  1-26      intends to introduce in evidence in its case-in-chief or 
  1-27      in rebuttal the results of the physical or mental 
  1-28      examination or scientific test or experiment.  If the 
  1-29      report is oral or partially oral, the prosecuting 
  1-30      attorney shall furnish, in writing, by serving on 
  1-31      opposing counsel all relevant and material portions of 
  1-32      the report no later than ten days prior to trial. 
  1-33      Nothing in this Code section shall require the 
  1-34      disclosure of any other material, note, or memorandum 
 
 
 
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  2- 1      relating to the psychiatric or psychological treatment 
  2- 2      or therapy of any victim or witness." 
 
  2- 3                           SECTION 2. 
 
  2- 4  Said article is further amended by striking paragraph (2) of 
  2- 5  subsection (b) of Code Section 17-16-4, relating to 
  2- 6  disclosures required of the prosecuting attorney and 
  2- 7  defendant, and inserting in lieu thereof the following: 
 
  2- 8      "(2) The defendant shall, within ten days of timely 
  2- 9      compliance by the prosecuting attorney but no later than 
  2-10      five ten days prior to trial, or as otherwise ordered by 
  2-11      the court, permit the prosecuting attorney at a time 
  2-12      agreed to by the parties or as ordered by the court to 
  2-13      inspect and copy or photograph a report of any physical 
  2-14      or mental examinations and of scientific tests or 
  2-15      experiments, including a summary of the basis for the 
  2-16      expert opinion rendered in the report, or copies 
  2-17      thereof, if the defendant intends to introduce in 
  2-18      evidence in the defense's case-in-chief or rebuttal the 
  2-19      results of the physical or mental examination or 
  2-20      scientific test or experiment.  If the report is oral or 
  2-21      partially oral, the defendant shall furnish, in writing, 
  2-22      by serving on opposing counsel all relevant and material 
  2-23      portions of the report no later than ten days prior to 
  2-24      trial.  Nothing in this Code section shall require the 
  2-25      disclosure of any other material, note, or memorandum 
  2-26      relating to the psychiatric or psychological treatment 
  2-27      or therapy of any defendant or witness." 
 
  2-28                           SECTION 3. 
 
  2-29  This Act shall become effective upon its approval by the 
  2-30  Governor or upon its becoming law without such approval. 
 
  2-31                           SECTION 4. 
 
  2-32  All laws and parts of laws in conflict with this Act are 
  2-33  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
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