Title 17, Chapter 7, Section 70.1
( 17-7-70.1)
(a)(1) In felony cases involving violations of the following: (A) Code Sections 16-8-2, 16-8-14, 16-8-18, 16-9-1, 16-9-2, 16-9-20, 16-9-31, 16-9-33, 16-9-37, 16-10-52, and 40-5-58; (B) Article 1 of Chapter 8 of Title 16, relating to theft; (C) Chapter 9 of Title 16, relating to forgery and fraudulent
practices; (D) Article 3 of Chapter 10 of Title 16, relating to escape and
other offenses related to confinement; or (E) Code Section 16-11-131, relating to possession of a firearm by a convicted felon or first offender probationer, in which defendants have either been bound over to the superior
court based on a finding of probable cause pursuant to a
commitment hearing under Article 2 of this chapter or have
expressly or by operation of law waived a commitment hearing, the
district attorney shall have authority to prefer accusations, and
the defendants shall be tried on such accusations according to the
same rules of substantive and procedural laws relating to
defendants who have been indicted by a grand jury. (2) All laws relating to rights and responsibilities attendant to
indicted cases shall be applicable to cases brought by accusations
signed by the district attorney. (3) The accusation need not be supported by an affidavit except in
those cases in which the defendant has not been previously
arrested in conjunction with the transaction charged in the
accusation. (a.1) The provisions of subsection (a) of this Code section shall apply to violations of Code Section 16-13-30 whenever there has been a finding of probable cause pursuant to a commitment hearing under Article 2 of this chapter or the accused has waived either expressly or by operation of law the right to this hearing. (b) Judges of the superior court may open their courts at any time
without the presence of either a grand jury or a trial jury to
receive and act upon pleas of guilty or nolo contendere in felony
and misdemeanor cases. The judge of the superior court may try the
issues in such cases without a jury upon an indictment or upon an
accusation filed by the district attorney where the defendant has
waived trial by jury. (c) An accusation substantially complying with the form provided in subsections (d) and (e) of Code Section 17-7-71 shall in all cases be sufficient. (d) The district attorney may not bring an accusation pursuant to
this Code section in those cases where the grand jury has heard
evidence or conducted an investigation or in which a no bill has
been returned. (e) Notwithstanding the above provisions, nothing in this Code section shall affect the rights of police officers and public officials to appear before a grand jury as provided in Code Sections 17-7-52, 45-11-4, and 45-15-11. |