Ga. Code § 17-7-4

Current through 2023-2024 Legislative Session Chapter 709
Section 17-7-4 - [Election to be tried by court sitting without jury]
(a) As used in this Code section, the term 'serious violent felony' shall have the same meaning as provided for under Code Section 17-10-6.1.
(b) Except as to trials conducted under Article 2 of Chapter 10 of this title and except for trials involving a serious violent felony, the accused in any felony or misdemeanor case may elect in writing to be tried by the court sitting without a jury by filing such request with the clerk of court and serving such request upon the prosecuting attorney and the judge to whom the case is assigned or, if the case is not assigned, upon the chief judge of the court in which the case is pending.
(c) When an accused elects a trial by the court sitting without a jury, the court shall, on the record:
(1) Advise the accused about the right to a trial by jury and the differences between trial by jury and trial by a court sitting without a jury; and
(2) Inquire whether the accused's election is knowing, intelligent, and voluntary.
(d) In criminal prosecutions when a jury trial has been expressly waived, the court may nevertheless order a trial with a jury. The court shall consider the prosecuting attorney's request for a jury trial, but the prosecuting attorney's objection shall not preclude the court from granting a request by the accused for a trial by the court sitting without a jury under subsection (b) of this Code section.
(e) This Code section shall stand repealed in its entirety on June 30, 2022.

OCGA § 17-7-4

Added by 2021 Ga. Laws 202,§ 3-1, eff. 5/4/2021.