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Georgia State Code
Title      17
Chapter      10  
Section Navigation        1 ... 6.1         7 ... 15    
    16 ... 32.1       33 ... 40    
    41 ... 65         66 ... 71      
Section1 1.1 1.2 2 3 3.1 4 5 6 6.1 >>>  
Title 17, Chapter 10, Section 1.1 (17-10-1.1)

(a)(1) A prosecuting attorney bringing charges against a defendant shall notify, where practical, the alleged victim or, when the victim is no longer living, a member of the victim's family of his or her right under certain circumstances to submit a victim impact statement:

(A) Where the charge is a felony, if the defendant allegedly caused physical, psychological, or, if restitution is sought, economic injury to the victim; or

(B) Where the charge is a misdemeanor, if the defendant allegedly caused serious physical injury or death to the victim.

(2) A victim impact statement submitted by a victim shall be attached to the case file and may be used by the prosecuting attorney or the judge during any stage of the proceedings against the defendant involving predisposition, plea bargaining, sentencing, or determination of restitution.

(b) A victim impact statement shall:

(1) Identify the victim of the offense and the perpetrator;

(2) Itemize any economic loss suffered by the victim as a result of the offense;

(3) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence;

(4) Describe any change in the victim's personal welfare or familial relationships as a result of the offense;

(5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; and

(6) Contain any other information related to the impact of the offense upon the victim that the court requires.

(c) The State Board of Pardons and Paroles shall establish a form document which shall include the elements set forth in subsection (b) of this Code section and shall make copies of such form available to prosecuting attorneys in the state. When requested by the victim, the victim impact statement form document shall be provided to the victim by the prosecuting attorney. The form shall include the address of the State Board of Pardons and Paroles and contain a statement that the victim must maintain a copy of his address with the State Board of Pardons and Paroles and must notify the board of any change of address.

(d) The victim may complete the victim impact statement form and submit such form to the appropriate prosecuting attorney charged with the prosecution of the case. If the victim is unable to do so because of such victim's mental, emotional, or physical incapacity, or because of such victim's age, the victim's attorney or a family member may complete the victim impact statement form on behalf of the victim. The prosecuting attorney shall file any such written victim impact statement, if in existence at that time, with the court. (e) The court shall, in the manner prescribed by rule of court, provide the defendant with a copy of the victim impact statement within a reasonable time prior to any hearing at which it is to be considered and allow the defendant to have the opportunity to rebut the victim's written statements.

(f) If for any reason a victim was not allowed an opportunity to make a written victim impact statement, the victim may submit a victim impact statement to the State Board of Pardons and Paroles in any case prior to consideration of parole.

(g) No sentence shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person.

Saturday May 23 12:57 EDT


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