§ 17-4-23 — Issuance of citation in lieu of arrest; issuance of warrants for arrest for failure of persons charged to appear in court; bond

(a) (1) A law enforcement officer may arrest a person accused of violating any law or ordinance enacted by local law governing the operation, licensing, registration, maintenance, or inspection of motor vehicles or violating paragraph (2), (3), or (5) of subsection (a) of Code Section 3-3-23 by the issuance of a citation, provided that such offense is committed in his or her presence or information constituting a basis for such arrest was received by the arresting officer from a law enforcement officer observing such offense being committed, except that, when such offense results in an accident, an investigating officer may issue citations regardless of whether the offense occurred in the presence of a law enforcement officer. (2) A law enforcement officer may arrest a person who meets the minimum age requirements provided for in Code Section 16-3-1 accused of any misdemeanor violation of Code Section 16-7-21 , 16-8-14 , 16-8-14.1 , or 16-13-30 by the issuance of a citation, provided that such offense is committed in his or her presence or information constituting a basis for such arrest was received by the arresting officer or an investigating officer from another law enforcement officer or other individual observing or aware of such offense being committed. When an arrest is made for such offense, prior to releasing the accused on citation, the arresting law enforcement officer shall review the accused's criminal record as such is on file with the Federal Bureau of Investigation and the Georgia Crime Information Center within the Georgia Bureau of Investigation, ensure that the accused's fingerprints are obtained, and shall seek to verify the immigration status of the accused pursuant to Code Section 17-5-100 . (3) The arresting officer shall issue a citation to the accused which shall enumerate the specific charges and the date upon which he or she is to appear and answer the charges or a notation that he or she will be later notified of the date upon which he or she is to appear and answer the charges. (b) (1) When an accused is issued a citation pursuant to paragraph (1) of subsection (a) of this Code section, and the accused fails to appear as specified in the citation, the judicial officer having jurisdiction of the offense may issue a warrant ordering the apprehension of the accused and commanding that he or she be brought before the court to answer the charge contained within the citation and the charge of his or her failure to appear as required. The accused shall then be allowed to make a reasonable bond to appear on a given date before the court. (2) When an accused is issued a citation pursuant to paragraph (2) of subsection (a) of this Code section and the accused fails to appear as specified in the citation, the judicial officer having jurisdiction of the offense, absent a finding of sufficient excuse to appear at the time and place specified in the citation, shall issue a warrant ordering the apprehension of the accused and commanding that he or she be brought before the court to answer the charge contained within the citation and the charge of his or her failure to appear as required. The accused shall then be allowed to make a reasonable bond to appear on a given date before the court.

Legislative History

Amended by 2024 Ga. Laws 550,§ 8A, eff. 5/2/2024. Amended by 2024 Ga. Laws 550,§ 3, eff. 5/2/2024. Amended by 2024 Ga. Laws 505,§ 3, eff. 5/1/2024. Amended by 2018 Ga. Laws 416,§ 2-3, eff. 7/1/2018. Amended by 2015 Ga. Laws 190,§ 2, eff. 7/1/2015.