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Legal Statutes: Georgia

UPDATED September 29, 2016

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Part 1. Bonds for Good Behavior

back to top17-6-90. Authority to require bond

(a) Any judicial officer authorized to hold a court of inquiry may, upon the information of others under oath or upon his or her own motion, issue a warrant against any person in the county whose conduct is such as to justify the belief that the safety of any one or more persons in the county or the peace or property of the same is in danger of being injured or disturbed thereby. Upon the return of the warrant and upon sufficient cause being shown, the court may require from the person a bond with sureties for such person's good behavior until the next term of the superior court of the county or for a period of up to six months, whichever is greater. Any person against whom a warrant issues must, within 24 hours, be brought for a hearing before the court which issued the warrant or be released on bond by the sheriff, the amount and reasonable conditions of such bond to be set by the court which issued the warrant.

(b) All bonds posted under this Code section shall be returnable in the court which issued the warrant and shall be amendable in the court's discretion. Within seven days after being released on bond by the sheriff, the person shall be entitled to a hearing before the court which issued the warrant. The court may, on its own motion, require a hearing.

(c) If it is determined at a hearing that there was not sufficient cause for the warrant to have been issued, the affiant who caused the warrant to be issued shall pay all court costs.

Orig. Code 1863, § 4627; Code 1868, § 4651; Code 1873, § 4749; Code 1882, § 4749; Penal Code 1895, § 1235; Penal Code 1910, § 1317; Code 1933, § 76-101; Ga. L. 1974, p. 322, § 1; Ga. L. 1978, p. 1924, § 1; Ga. L. 1986, p. 1151, § 1; Ga. L. 2007, p. 493, § 1/SB 106.