HB45: HB45 Courts; special grand jury impaneling procedures; revise provisions

Georgia law lets the chief judge of a superior court call together a special grand jury to investigate possible violations of state law or other matters. House Bill 45 rewrites the part of that law (O.C.G.A. § 15-12-100(a)) that spells out who can trigger this process. Under the bill's language, the chief judge could still act on his or her own motion or on a motion or petition from the district attorney. The bill adds that a petition can also come from any state elected official or any elected public official of the county or of a municipality located wholly or partly within the county. Because the bill amends existing text, it changes who is allowed to ask for a special grand jury, though the extracted text does not show exactly what wording is being removed from current law. No effective date is stated beyond standard enactment upon repeal of conflicting laws.

• Rewrites subsection (a) of O.C.G.A. § 15-12-100, the law governing who can request a special grand jury in a Georgia county.
• Confirms the chief judge of the superior court can impanel a special grand jury on his or her own motion.
• Allows the district attorney to request a special grand jury by motion or petition.
• Adds that any state elected official or elected public official of the county or of a municipality within the county can petition for a special grand jury.
• Repeals any other Georgia laws that conflict with the new provision.

The change affects superior court chief judges, district attorneys, and elected officials at the state, county, and municipal level, since it determines who has the power to ask for a special grand jury investigation in a given county.

Special grand juries can investigate alleged crimes or other matters beyond what a regular grand jury handles. Expanding who can request one, to include more elected officials, could change how often and by whom these investigations get started in Georgia counties.

• Section 1 revises subsection (a) of Code Section 15-12-100, which covers the procedure for impaneling a special grand jury, its size, its foreperson, and its powers.
• The revised text allows the chief judge to act on his or her own motion, on motion or petition of the district attorney, or on petition of a state elected official or an elected public official of the county or a municipality within it.
• Section 2 repeals any existing Georgia laws that conflict with this change.

1. 2025-01-16House Second Readers (House)
2. 2025-01-15House First Readers (House)
3. 2025-01-14House Hopper (House)

• Viola Davis (D, HD-087)Primary sponsor
• Kim Schofield (D, HD-063)
• Sandra Scott (D, HD-076)

• grand juries
• courts
• criminal justice
• local government
• state elected officials