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The Georgia Crime Victims Bill of Rights

O.C.G.A. 17-17-1, et seq., provides individuals who are victims of certain crimes specific rights. Effective January 1, 2019, with the passage of SB 127 and SR 146 (also known as Marsy’s Law), these rights are constitutionally protected and enforced (Georgia Constitution Art. I, Sect. I, Paragraph XXX).

These rights include:

  • The right to reasonable, accurate, and timely notice of any scheduled court proceedings or any changes to such proceedings;
  • The right to reasonable, accurate, and timely notice of the arrest, release, or escape of the accused;
  • The right not to be excluded from any scheduled court proceedings, except as provided by law;
  • The right to be heard at any scheduled court proceedings involving the release, plea, or sentencing of the accused;
  • The right to file a written objection in any parole proceedings involving the accused;
  • The right to confer with the prosecuting attorney in any criminal prosecution related to the victim;
  • The right to restitution as provided by law;
  • The right to proceedings free from unreasonable delay; and
  • The right to be treated fairly and with dignity by all criminal justice agencies involved in the case.
  • The right to file a motion in the criminal case within 20 days of a court proceeding requesting to be heard if the victim has properly requested notification and is not given notice of said court proceeding.

The Crime Victims Bill of Rights specifically applies to victims of the following crimes:

  • Homicide
  • Assault and Battery
  • Kidnapping, False Imprisonment and related offenses
  • Reckless Conduct
  • Cruelty to Children
  • Feticide
  • Stalking/Aggravated Stalking
  • Cruelty to a Person 65 Years of Age or Older
  • All Sexual Offenses
  • Burglary
  • Arson, Bombs and Explosives
  • Theft
  • Robbery
  • Forgery, Deposit Account Fraud, Illegal Use of Financial Transaction Cards, Other Fraud Related Offenses, Computer Crimes, & Identity Theft
  • Sale or Distribution of Harmful Materials to Minors
  • Elder Abuse
  • Homicide by Vehicle
  • Feticide by Vehicle
  • Serious Injury by Vehicle

In general, after the crime occurs and is reported, and upon initial contact with a victim, any criminal justice agency, meaning an arresting law enforcement agency, custodial authority, investigating law enforcement agency, prosecuting attorney, and the State Board of Pardons and Paroles, is responsible for advising him or her of the following:

  • That it is possible that the accused may be released from custody prior to trial;
  • That victims have certain rights during various stages of the criminal justice system;
  • That victims have the right to refuse or agree to be interviewed by the accused, the accused’s attorney, or anyone who represents or contacts you on behalf of the accused;
  • That additional information about these stages can be obtained by contacting the pertinent state and/or local agency involved, or by contacting the Criminal Justice Coordinating Council at 404-657-1956;
  • That victims may be eligible for monetary compensation for certain out-of-pocket losses incurred as a result of their victimization from the Georgia Crime Victims Compensation Program administered by the Criminal Justice Coordinating Council at 404-657-2222 or 1-800-547-0060;
  • That victims may have available to them community-based victim service programs and that more information may be obtained by contacting the Georgia Call Line at 1-800-GEORGIA (1-800-436-7442) to connect to other services.
  • That after an offender enters the prison system, the victim, or victim’s family member, can contact the Parole Board to give views and information about the case, find out what the Board is doing on the case, and request notification of any parole decisions. More information can be obtained about the post adjudication process by contacting the Georgia Office of Victim Services at 404-651-6668 or victimservices@pap.state.ga.us.

Title IX of the Education Amendments of 1972 states:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”

Office of Institutional Equity Title IX

In accordance with federal and state law including, Title IX of the Education Amendments of 1972 (“Title IX”) and Title VII of the Civil Rights Act of 1964 (Title VII), Clayton State University (“CSU”) prohibits discrimination on the basis of sex in any of its education programs or activities or in employment. Clayton State University is committed to ensuring the highest ethical conduct of the members of its community by promoting a safe learning and working environment, and one that supports the dignity of all members of the University’s community and the University System of Georgia community. To that end, this policy prohibits specific forms of behavior that violate Title IX of the Education Amendments of 1972, as defined herein. Clayton State University further strongly encourages all members of the University community who are not deemed Responsible Employees (Mandatory Reporters) to report instances of sexual misconduct promptly. The University Community is defined as students, faculty and staff, as well as contractors, vendors, visitors, and guests.

Clayton State University is committed to reducing incidents of Sexual Misconduct, providing prevention tools, conducting ongoing awareness and prevention programming, and training the campus community in accordance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”) and the Violence Against Women Act (“VAWA”). Prevention programming and training will promote positive and healthy behaviors and educate the University community on consent, sexual assault, sexual harassment, alcohol and drug use, dating violence, domestic violence, stalking, bystander intervention, and reporting.

When Sexual Misconduct does occur, all members of the University community are strongly encouraged to report it promptly through the procedures outlined in this Policy. The purpose of this Policy and procedures are intended to ensure that all parties who may be involved in a related matter, receive appropriate support and fair treatment, and that allegations are handled in a prompt, thorough and equitable manner.

Important numbers

Clayton County District Attorney's Office, 770-477-3450

Victim Witness Assistance, 770-603-4110

Clayton County Solicitor General's Office, 770-477-3380

Victim Services, 770-473-5808

Clayton County Magistrate Court, 770-477-3444

Clayton County Jail, 678-479-5390

Clayton County Juvenile Court, 770-477-3270

Prosecutors, law enforcement, and victim assistance organizations are encouraged to utilize the Georgia Crime Victim’s Rights Notification Card to help educate crime victims on their rights as well as connect them with valuable resources.