Section 15-11-541. (Effective January 1, 2014) Discovery procedures

   (a) Except as limited by subsection (d) of Code Section 15-11-542, in all cases in which a child is charged with having committed a delinquent act, such child shall, upon filing a motion for discovery with the court and serving a copy of the motion to the prosecuting attorney, have full access to the following for inspection, copying, or photographing:

   (1) A copy of the complaint;

   (2) A copy of the petition for delinquency;

   (3) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the charge;

   (4) A copy of any written statement made by such child or any witness that relates to the testimony of a person whom the prosecuting attorney intends to call as a witness;

   (5) A copy of any written statement made by any alleged coparticipant which the prosecuting attorney intends to use at a hearing;

   (6) Transcriptions, recordings, and summaries of any oral statement of such child or of any witness, except attorney work product;

   (7) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced;

   (8) Photographs and any physical evidence which are intended to be introduced at the hearing; and

   (9) Copies of the police incident report and supplemental report, if any, regarding the occurrence which forms the basis of the charge.

(b) The prosecuting attorney shall disclose all evidence, known or that may become known to him or her, favorable to such child and material either to guilt or punishment.

(c) If a child requests disclosure of information pursuant to subsection (a) of this Code section, it shall be the duty of such child to promptly make the following available for inspection, copying, or photographing to the prosecuting attorney:

   (1) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the defense;

   (2) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced;

   (3) Photographs and any physical evidence which he or she intends to introduce at the hearing; and

   (4) A copy of any written statement made by any witness that relates to the testimony of a person whom the child intends to call as a witness.

(d) A request for discovery or reciprocal discovery shall be complied with promptly and not later than 48 hours prior to the adjudication hearing, except when later compliance is made necessary by the timing of the request. If the request for discovery is made fewer than 48 hours prior to the adjudication hearing, the discovery response shall be produced in a timely manner.

(e) Any material or information furnished to a child pursuant to a discovery request shall remain in the exclusive custody of such child and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide.

Code 1981, § 15-11-541, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.