SB3: SB3 Prosecuting Attorneys; convictions for district attorneys, assistant district attorneys, deputy district attorneys; provide additional qualifications

25 LC 28 0653 Senate Bill 3 By: Senators Dolezal of the 27th, Beach of the 21st, Robertson of the 29th, Walker III of the 20th, Watson of the 1st and others A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 18 of Title 15 of the Official Co de of Georgia Annotated,1 relating to general provisions regarding prosecuting attorneys, so as to provide additional2 qualifications regarding convictions for district attorneys, assistant district attorneys, deputy3 district attorneys, and other attorneys at law employed by district attorneys; to provide for4 related matters; to provide for an effective date; to repeal co nflicting laws; and for other5 purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Article 1 of Chapter 18 of Title 15 of the Official Code of Geo rgia Annotated, relating to9 general provisions regarding prosecuting attorneys, is amended by revising Code10 Section 15-18-3, relating to qualifications for district attorneys, as follows:11 "15-18-3.12 (a) To be eligible to fill the office of district attorney, a person must:13 (1) Have been a resident citizen of this state three years just preceding his or her election14 or appointment;15 (2) Permanently reside in the circuit at the time of his or her election or appointment;16 S. B. 3 - 1 - 25 LC 28 0653 (3) Have attained the age of 25 years;17 (4) Have been duly admitted and licensed to practice law in th e superior courts for at18 least three years; and19 (5) If previously disbarred from the practice of law, have been reinstated as provided by20 law.21 (b) Any person who solicits, accepts, or refuses to reject a pardon for any crime under the22 laws of this state, any other state, or the United States shall not be eligible for election or23 appointment to the office of district attorney nor to serve as a district attorney."24 SECTION 2.25 Said article is further amended by revising subsection (b) of Code Section 15-18-21, relating26 to qualifications of attorneys and investigators employed by district attorney, as follows:27 "(b)(1) Any assistant district attorney, deputy district attorney, or any other attorney at28 law employed by the district attorney shall:29 (A) Be be a member of the State Bar of Georgia,;30 (B) Be admitted admitted to practice before the appellate courts of this state,;31 (C) Serve shall serve at the pleasure of the district attorney;, and32 (D) Have shall have such authority, powers, and duties as may be assigned by the33 district attorney; and34 (E) Not have been convicted of a felony under the laws of this state, any other state,35 or the United States nor solicited, accepted, or refused to reject a pardon for a felony36 under the laws of this state, any other state, or the United States.37 (2) An assistant district attorney, deputy district attorney, or any other attorney at law38 employed by a district attorney shall immediately vacate his or her position upon initial39 conviction of a felony under the laws of this state, any other state, or the United States40 S. B. 3 - 2 - 25 LC 28 0653 or upon soliciting, accepting, or refusing to reject a pardon for a felony under the laws of41 this state, any other state, or the United States."42 SECTION 3.43 This Act shall become effective upon its approval by the Governor or upon its becoming law44 without such approval.45 SECTION 4.46 All laws and parts of laws in conflict with this Act are repealed.47 S. B. 3 - 3 -