Section 17-6-12 - [Effective Until 7/1/2024] Unsecured judicial release; requirement; effect of failure of person charged to appear for trial; consideration of criminal record(a) As used in this Code section, the term: (1) "Bail restricted offense" means the person is charged with:(A) An offense of: (i) Murder or felony murder, as defined in Code Section 16-5-1;(ii) Armed robbery, as defined in Code Section 16-8-41;(iii) Kidnapping, as defined in Code Section 16-5-40;(iv) Rape, as defined in Code Section 16-6-1;(v) Aggravated child molestation, as defined in subsection (c) of Code Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4;(vi) Aggravated sodomy, as defined in Code Section 16-6-2; or(vii) Aggravated sexual battery, as defined in Code Section 16-6-22.2;(B) A felony offense of: (iii) Hijacking a motor vehicle in the first degree;(iv) Aggravated stalking;(vi) Enticing a child for indecent purposes;(xi) Possession of a firearm or knife during the commission of or attempt to commit certain crimes;(xii) Possession of firearms by convicted felons and first offender probationers;(xiii) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine;(xiv) Participating in criminal gang activity as defined in Code Section 16-15-3;(xvi) Driving under the influence of alcohol, drugs, or other intoxicating substances;(xvii) Entering an automobile or other mobile vehicle with intent to commit theft or felony, as defined in Code Section 16-8-18; or(C) A misdemeanor offense of: (i) Crimes involving family violence, as defined in Code Section 19-13-1; or(2) "Unsecured judicial release" means any release that does not purport a dollar amount through secured means as provided for in Code Section 17-6-4 or 17-6-50 or property as approved by the sheriff in the county where the offense was committed and that is: (A) On a person's own recognizance; or(B) For the purpose of entering a pretrial release program, a pretrial release and diversion program as provided for in Article 4 of Chapter 3 of Title 42, or a pretrial intervention and diversion program as provided for in Article 4 of Chapter 18 of Title 15, or pursuant to Uniform Superior Court Rule 27.(b)(1) An elected judge, an appointed judge filling the vacancy of an elected judge, or a judge sitting by designation may issue an unsecured judicial release under subparagraph (a)(2)(A) of this Code section if: (A) Such unsecured judicial release is noted on the release order;(B) The person is not charged with a bail restricted offense;(C) The person has not been convicted of bail jumping as provided in Code Section 16-10-51 within the past five years; and(D) No bench warrant has been issued for the person's arrest based on such person's failure to appear in court within the past five years; provided, however, that this subparagraph shall not apply if such warrant was recalled or issued on the basis of such person's failure to appear for a nonserious traffic offense, as such term is defined in Code Section 35-3-37.(2) A person who is ineligible for unsecured judicial release pursuant to subparagraph (C) or (D) of paragraph (1) of this subsection may contest his or her ineligibility on the basis that his or her criminal history record information is inaccurate, incomplete, or misleading. In such instance, the prosecuting attorney shall bear the burden of establishing such person's ineligibility.(c) An elected judge, an appointed judge filling the vacancy of an elected judge, or a judge sitting by designation may issue an unsecured judicial release under subparagraph (a)(2)(B) of this Code section if:(1) Such unsecured judicial release is noted on the release order; and(2) The person is not charged with a bail restricted offense.(d) Except as provided in subsection (b) and subsection (c) of this Code section and in addition to other laws regarding the release of an accused person, the judge of any court having jurisdiction over a person charged with committing an offense against the criminal laws of this state shall have authority, in his or her sound discretion and in appropriate cases, to authorize the release of the person on an unsecured judicial release only.(e) Upon the failure of a person released on an unsecured judicial release to appear for trial, if the release is not otherwise conditioned by the court, absent a finding of sufficient excuse to appear, the court shall summarily issue an order for his or her arrest which shall be enforced as in cases of forfeited bonds.(f) Prior to issuing an unsecured judicial release, a judge shall, in addition to the considerations provided for in Code Section 17-6-1, consider the accused person's criminal history record information that is available at such time.Amended by 2023 Ga. Laws 29,§ 3, eff. 7/1/2023, app. to all offenses committed on or after 7/1/2023.Amended by 2021 Ga. Laws 216,§ 2, eff. 5/4/2021.Amended by 2020 Ga. Laws 547,§ 1-1, eff. 1/1/2021.Amended by 2018 Ga. Laws 416,§ 2-5, eff. 7/1/2018.Amended by 2017 Ga. Laws 182,§ 2-1, eff. 7/1/2017.Amended by 2011 Ga. Laws 245,§ 17, eff. 5/13/2011.Amended by 2010 Ga. Laws 404,§ 2, eff. 7/1/2010.This section is set out more than once due to postponed, multiple, or conflicting amendments.