SB218: SB218 Prosecuting Attorneys Qualifications Commission; shall be assigned for administrative purposes only to the Administrative Office of the Courts; provide

26 LC 49 2429S Senate Bill 218 By: Senators Robertson of the 29th, Strickland of the 42nd, Gooch of the 51st, Walker III of the 20th, Bearden of the 30th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Title 15 of the Official Code of Georgia Annotated, re lating to courts, so as to1 provide that the Prosecuting Attorneys Qualifications Commissio n shall be assigned for2 administrative purposes only to the Administrative Office of the Courts and shall be funded3 by funds appropriated or otherwise available to the judicial branch of state government; to4 provide for appeals from the decisions of hearing panels of the Prosecuting Attorneys5 Qualifications Commission; to revise the date before which certain complaints of misconduct6 shall be barred; to provide for executive director designation; to provide generally for7 constitutionally or statutorily created organizations funded th rough the judicial branch of8 state government expressly authorized by law to conduct investigations to provide for special9 commission investigators; to provide for limited powers of arre st for such special10 commission investigators; to provide for subpoenas; to provide for construction; to provide11 for definitions; to provide for related matters; to repeal conf licting laws; and for other12 purposes.13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 S. B. 218 - 1 - 26 LC 49 2429S SECTION 1.15 Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Article16 1 of Chapter 18, relating to general provisions relevant to prosecuting attorneys, by revising17 paragraph (4) of subsection (f), paragraph (1) of subsection (j), and subsections (k), (m), and18 (n), and by adding new subsections to Code Section 15-18-32, re lating to the Prosecuting19 Attorneys Qualifications Commi ssion, authority, membership, ex parte communications,20 governance, disciplinary actions, confidentiality, and privileged nature, to read as follows:21 "(4)(A) Members of the commission shall serve without compensation but shall receive22 the same daily expense allowance as members of the General Assembly receive, as set23 forth in Code Section 28-1-8, for each day such member is in physical attendance at a24 panel meeting or hearing, plus either reimbursement for actual transportation costs25 while traveling by public transportation or the same mileage al lowance for use of a26 personal motor vehicle in connection with such attendance as members of the General27 Assembly receive, subject to subparagraph (B) of this paragraph.28 (B) Members of the commission who:29 (i) Are not subject to the provisions of division (ii) of this subparagraph shall receive30 the daily expense allowance and travel reimbursement provided f or in31 subparagraph (A) of this paragraph from funds appropriated or o therwise available32 to the judicial branch of state government; or33 (ii) Pursuant to the terms and conditions of their official po sition, employment, or34 contract with the state, are eligible to receive a daily expens e allowance and travel35 allowance for their service on the commission shall not receive daily expense36 allowance and travel reimbursement provided for in subparagraph ( A ) o f t h i s37 paragraph. Notwithstanding subparagraph (A) of this paragraph, no member shall38 receive such expense allowance or travel reimbursement if he or she is entitled to39 receive an expense allowance, travel reimbursement, or salary f or performance of40 duties as a state employee.41 S. B. 218 - 2 - 26 LC 49 2429S (C) Expense allowances and travel reimbursements shall be paid from moneys funds42 appropriated or otherwise available to the commission judicial branch of state43 government."44 "(j)(1) All information regarding a disciplinary or incapacity matter of a district attorney45 or solicitor-general shall be kept confidential by the investigative panel and commission46 staff before formal charges are filed; provided, however, that, if prior to filing formal47 charges the judge such district attorney or solicitor-general and investigative panel agree48 to a satisfactory disposition of a disciplinary matter other than by a private admonition49 or deferred discipline agreement, a report of such disposition shall be publicly filed in the50 Supreme Court."51 "(k) Notwithstanding subsection (j) of this Code section, infor mation regarding a52 disciplinary or incapacity matter of a district attorney or solicitor-general may be disclosed53 or the confidentiality of such information may be removed when:54 (1) The privilege of confidentiality has been waived by the complainant or the individual55 who was the subject of the commission's investigation; or56 (2) The commission's rules provide for disclosure:57 (A) In the interest of justice and to protect the public;58 (B) If an emergency situation exists; or59 (C) If a district attorney or solicitor-general is under consideration for another state or60 federal position;61 (3) A complaint is dismissed at any stage; provided, however, that such disclosure shall62 be limited to disclosing the reason for such dismissal to the complainant; or63 (4) A complaint is dismissed prior to an authorization of formal investigation; provided,64 however, that such disclosure shall be limited to disclosing th e statutory basis for such65 complaint to the individual who was the subject of the complaint; and, provided, further,66 that such disclosure shall not include the complainant's identi ty or the specifics of the67 allegation."68 S. B. 218 - 3 - 26 LC 49 2429S "(m) A respondent may appeal the decision of the hearing panel by submitting a petition69 to the superior court of the county where such respondent served as a district attorney or70 solicitor-general. The hearing panel's order in a disciplinary or incapacity matter may be71 appealed to the superior court of the county where the responde nt resides. Any decision72 rendered by the superior court shall be subject to review by th e Court of Appeals or73 Supreme Court, as jurisdictionally appropriate.74 (m.1) A respondent who is subjected to public reprimand, censure, l imitation on the75 performance of prosecutorial duties, suspension, retirement, or removal shall be entitled76 to a copy of the proposed record to be filed with the Supreme Court and, if the respondent77 has objections to it, to have the record settled by the hearing panel's presiding officer. The78 hearing panel's order in a disciplinary or incapacity matter may be appealed to the Superior79 Court of Fulton County pursuant to Chapter 3 of Title 5.80 (n) The commission shall commence by July 1, 2023, and the rul es and regulations81 promulgated by such commission shall be established no later than October 1, 2023. No82 complaint shall be filed before October 1, 2023 . The commission shall not receive83 complaint submissions regarding misconduct in office that occurred prior to May 5, 202384 April 1, 2024, unless such alleged misconduct is related to a continuous pattern of conduct85 that continues beyond that date."86 "(q) The commission shall be a budget unit as defined in Part 1 of Article 4 of Chapter 1287 of Title 45, the 'Budget Act'; provided, however, that the commission shall be assigned for88 administrative purposes only to the Administrative Office of the Courts.89 (r) The individual selected to serve as director of the commission may be designated with90 the title of executive director by the commission."91 SECTION 2.92 Said title is further amended by adding a new chapter to read as follows:93 S. B. 218 - 4 - 26 LC 49 2429S "CHAPTER 2694 15-26-1.95 As used in this chapter, the term:96 (1) 'Commission' means the Prosecuting Attorneys Qualifications Commission.97 (2) 'Special commission investigator' means an individual employed by the commission98 to conduct investigations by the commission and who is currently certified by the Georgia99 Peace Officer Standards and Training Council as having met the qualifications and100 having completed the basic training requirements for a peace officer under Chapter 8 of101 Title 35.102 15-26-2.103 (a) The commission may employ investigators and special commis sion investigators to104 conduct investigations by the commission.105 (b) A special commission investigator shall have the power of arrest in the performance106 of his or her duties for the commission for crimes that:107 (1) Are committed within the special commission investigator's presence;108 (2) Are committed within the building, parking area, or curtilage of a building where the109 commission's office is located; within any building, parking ar ea, or curtilage of a110 building where an official meeting or hearing of the commission is being conducted; or111 while traveling to or from such area; and112 (3) Involve the person, building, vehicle, or other personal property of any member or113 employee of the commission, or the person, vehicle, or other pe rsonal property of any114 individual attending a meeting or hearing of the commission or traveling to or from such115 area.116 (c) Nothing in this Code section shall be construed to:117 S. B. 218 - 5 - 26 LC 49 2429S (1) Confer the power of arrest for crimes that may be under inv estigation by the118 commission but which are not provided for in subsection (b) of this Code section; or119 (2) Affect or limit the powers or authority of investigators e mployed by any district120 attorney's office, any solicitor-general's office, the Prosecuting Attorneys' Council of the121 State of Georgia, or any sheriff or sheriff's deputy.122 15-26-3.123 (a) A subpoena shall state that it is issued by the commission and the title of the124 proceeding and shall command each person to whom it is directed to attend and give125 testimony or produce evidence at a time and place specified by the subpoena.126 (b) A clerk of court shall make subpoenas in blank available on demand by electronic or127 other means to parties, or their counsel, or to the commission.128 (c) An attorney representing a party in a proceeding before th e commission, including129 investigative proceedings and hearings, may issue and sign a su bpoena obtained by130 electronic or other means from the clerk of court as an officer of a court for any deposition,131 hearing, or other matter to be conducted in conjunction with such proceeding.132 (d) A duly appointed officer or director of the commission may compel by subpoena the133 attendance of individuals at a proceeding before the commission, including investigative134 proceedings and hearings, and the production of pertinent books, papers, and documents135 for any deposition, hearing, or other matter to be conducted in conjunction with such136 proceeding.137 (e) A subpoena shall be completed prior to being served.138 (f) Subpoenas are enforceable as provided in Code Section 24-13-26.139 (g) Subpoena fees and costs shall be the same as those provide d for in proceedings in140 superior court.141 S. B. 218 - 6 - 26 LC 49 2429S (h) An individual who misuses a subpoena shall be subject to punishment for contempt of142 court and a fine of not more than $300.00 or not more than 20 days' imprisonment, or both,143 in the superior court in the county in which the attendance or production is required.144 (i) Any attack on the validity of a subpoena shall be heard an d determined by the body145 before which the matter is then pending or by the court wherein enforcement of the146 subpoena is being sought. Any resulting order is not appealabl e prior to entry of a final147 order in the proceeding, except appeal of a court order pursuant to the interlocutory appeal148 procedures set forth in subsection (b) of Code Section 5-6-34."149 SECTION 3.150 All laws and parts of laws in conflict with this Act are repealed.151 S. B. 218 - 7 -