Title 17, Chapter 16, Section 23
( 17-16-23)
(a) As used in this Code section, the term "written scientific
reports" includes, but is not limited to, reports from the Division
of Forensic Sciences of the Georgia Bureau of Investigation; an
autopsy report by the coroner of a county or by a private
pathologist; blood alcohol test results done by a law enforcement
agency or a private physician; and similar types of reports that
would be used as scientific evidence by the prosecution in its
case-in-chief or in rebuttal against the defendant. (b) In all criminal trials the defendant shall be entitled to have a
complete copy of any written scientific reports in the possession of
the prosecution which will be introduced in whole or in part against
the defendant by the prosecution in its case-in-chief or in
rebuttal. The request for a copy of any written scientific reports
shall be made by the defendant in writing at arraignment or within
any reasonable time prior to trial. If such written request is not
made at arraignment, it shall be within the sound discretion of the
trial judge to determine in each case what constitutes a reasonable
time prior to trial. If the scientific report is in the possession
of or available to the prosecuting attorney, the prosecuting
attorney must comply with this Code section at least ten days prior
to the trial of the case. (c) Failure by the prosecution to furnish the defendant with a copy
of any written scientific report, when a proper and timely written
demand has been made by the defendant, shall result in such report
being excluded and suppressed from evidence in the prosecution's
case-in-chief or in rebuttal. |