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§ 17-16-20 Applicability of article

Chapter 16. Discovery

(a) The provisions of this article shall apply only to misdemeanor cases or to felony cases docketed, indicted, or in which an accusation was returned prior to January 1, 1995, if the prosecuting attorney and the defendant do not agree in writing that the provisions of Article 1 of this chapter shall apply.

(b) For purposes of this article, any records, reports, notes, data, or other materials created, received, or maintained solely by a partner or participating agency within a Family Justice Center established pursuant to Article 5 of Chapter 13 of Title 19 shall not be deemed to be in the possession, custody, or control of the state or prosecution or any law enforcement agency as defined in Code Section 35-3-30 based only on the co-location of such partner or participating agency in a facility with a prosecuting attorney or law enforcement agency.