Title 17, Chapter 2, Section 4
( 17-2-4)
(a) A defendant arrested, held, or present in a county other than
that in which an indictment or accusation is pending against that
defendant may state in writing a wish to plead guilty, guilty but
mentally ill, guilty but mentally retarded, or nolo contendere; to
waive trial in the county in which the indictment or accusation is
pending; and to consent to disposition of the case in the county in
which the defendant was arrested, held, or present, subject to the
approval of the prosecuting attorney for each county. Upon receipt
of the defendant's statement and the written approval of the
prosecuting attorney for each county, the clerk of the court in
which the indictment or accusation is pending shall transmit the
papers in the proceeding or certified copies thereof to the clerk of
the court for the county in which the defendant was arrested, held,
or present, and the prosecution shall continue in that county. (b) A defendant arrested, held, or present in a county other than
the county in which a complaint or arrest warrant is pending against
that defendant may state in writing a wish to plead guilty, guilty
but mentally ill, guilty but mentally retarded, or nolo contendere;
to waive venue and trial in the county in which the complaint or
warrant was issued; and to consent to disposition of the case in the
county in which the defendant was arrested, held, or present,
subject to the approval of the prosecuting attorney for each county.
Upon receipt of the defendant's statement and the written approval
of the prosecuting attorney for each county, the clerk of the court
in which the complaint or arrest warrant is pending shall transmit
the papers in the proceeding or certified copies thereof to the
clerk of the court for the county in which the defendant was
arrested, held, or present, and the prosecution shall continue in
that county. (c) If after the proceeding has been transferred pursuant to
subsection (a) or (b) of this Code section the defendant pleads not
guilty or not guilty by reason of insanity, the clerk shall return
the papers to the court in which the prosecution was commenced and
the proceeding shall be restored to the docket of that court. A
defendant's statement that the defendant wishes to plead guilty,
guilty but mentally ill, guilty but mentally retarded, or nolo
contendere shall not be used against the defendant. |