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, relating to courts, so as to
provide that the Prosecuting Attorneys Qualifications Commission shall be assigned for
administrative purposes only to the Administrative Office of the Courts and shall be funded
by funds appropriated or otherwise available to the judicial branch of state government; to
provide for appeals from the decisions of hearing panels of the Prosecuting Attorneys
Qualifications Commission; to revise the date before which certain complaints of misconduct
shall be barred; to provide for executive director designation; to provide generally for
constitutionally or statutorily created organizations funded through the judicial branch of
state government expressly authorized by law to conduct investigations to provide for special
commission investigators; to provide for limited powers of arrest for such special
commission investigators; to provide for subpoenas; to provide for construction; to provide
for definitions; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Article
1 of Chapter 18, relating to general provisions relevant to prosecuting attorneys, by revising
paragraph (4) of subsection (f), paragraph (1) of subsection (j), and subsections (k), (m), and
(n), and by adding new subsections to Code Section 15-18-32, relating to the Prosecuting
Attorneys Qualifications Commission, authority, membership, ex parte communications,
governance, disciplinary actions, confidentiality, and privileged nature, to read as follows:
"(4)(A) Members of the commission shall serve without compensation but shall receive
the same daily expense allowance as members of the General Assembly receive, as set
forth in Code Section 28-1-8, for each day such member is in physical attendance at a
panel meeting or hearing, plus either reimbursement for actual transportation costs
while traveling by public transportation or the same mileage allowance for use of a
personal motor vehicle in connection with such attendance as members of the General
Assembly receive, <ins>subject to subparagraph (B) of this paragraph.
</ins> (B) <ins>Members of the commission who:
(i) Are not subject to the provisions of division (ii) of this subparagraph shall receive
the daily expense allowance and travel reimbursement provided for in
subparagraph (A) of this paragraph from funds appropriated or otherwise available
to the judicial branch of state government; or
(ii) Pursuant to the terms and conditions of their official position, employment, or
contract with the state, are eligible to receive a daily expense allowance and travel
allowance for their service on the commission shall not receive daily expense
allowance and travel reimbursement provided for in subparagraph (A) of this
paragraph.</ins> <del>Notwithstanding subparagraph (A) of this paragraph, no member shall
receive such expense allowance or travel reimbursement if he or she is entitled to
receive an expense allowance, travel reimbursement, or salary for performance of
duties as a state employee.
</del>
(C) Expense allowances and travel reimbursements shall be paid from <del>moneys</del> <ins>funds
</ins> appropriated or otherwise available to the <del>commission</del> <ins>judicial branch of state
government."
</ins> "(j)(1) All information regarding a disciplinary or incapacity matter of a district attorney
or solicitor-general shall be kept confidential by the investigative panel and commission
staff before formal charges are filed; provided, however, that, if prior to filing formal
charges <del>the judge</del> <ins>such district attorney or solicitor-general</ins> and investigative panel agree
to a satisfactory disposition of a disciplinary matter other than by a private admonition
or deferred discipline agreement, a report of such disposition shall be publicly filed in the
Supreme Court."
"(k) Notwithstanding subsection (j) of this Code section, information regarding a
disciplinary or incapacity matter of a district attorney or solicitor-general may be disclosed
or the confidentiality of such information may be removed when:
(1) The privilege of confidentiality has been waived by the <ins>complainant or the</ins> individual
who was the subject of the commission's investigation; <del>or
</del> (2) The commission's rules provide for disclosure:
(A) In the interest of justice and to protect the public;
(B) If an emergency situation exists; or
(C) If a district attorney or solicitor-general is under consideration for another state or
federal position;
<ins>(3) A complaint is dismissed at any stage; provided, however, that such disclosure shall
be limited to disclosing the reason for such dismissal to the complainant; or
(4) A complaint is dismissed prior to an authorization of formal investigation; provided,
however, that such disclosure shall be limited to disclosing the statutory basis for such
complaint to the individual who was the subject of the complaint; and, provided, further,
that such disclosure shall not include the complainant's identity or the specifics of the
allegation."
</ins>
"(m) <del>A respondent may appeal the decision of the hearing panel by submitting a petition
to the superior court of the county where such respondent served as a district attorney or
solicitor-general.</del> <ins>The hearing panel's order in a disciplinary or incapacity matter may be
appealed to the superior court of the county where the respondent resides. Any decision
rendered by the superior court shall be subject to review by the Court of Appeals or
Supreme Court, as jurisdictionally appropriate.
(m.1)</ins> A respondent who is subjected to public reprimand, censure, limitation on the
performance of prosecutorial duties, suspension, retirement, or removal shall be entitled
to a copy of the proposed record to be filed with the Supreme Court and, if the respondent
has objections to it, to have the record settled by the hearing panel's presiding officer. The
hearing panel's order in a disciplinary or incapacity matter may be appealed to the Superior
Court of Fulton County pursuant to Chapter 3 of Title 5.
(n) The commission shall commence by July 1, 2023, <del>and the rules and regulations
promulgated by such commission shall be established no later than October 1, 2023. No
complaint shall be filed before October 1, 2023.</del> The commission shall not receive
complaint submissions regarding misconduct in office that occurred prior to <del>May 5, 2023
</del> <ins>April 1, 2024,</ins> unless such alleged misconduct is related to a continuous pattern of conduct
that continues beyond that date."
<ins>"(q) The commission shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12
of Title 45, the 'Budget Act'; provided, however, that the commission shall be assigned for
administrative purposes only to the Administrative Office of the Courts.
(r) The individual selected to serve as director of the commission may be designated with
the title of executive director by the commission."
</ins> SECTION 2.
Said title is further amended by adding a new chapter to read as follows:
<ins>"CHAPTER 26
15-26-1.
As used in this chapter, the term:
(1) 'Commission' means the Prosecuting Attorneys Qualifications Commission.
(2) 'Special commission investigator' means an individual employed by the commission
to conduct investigations by the commission and who is currently certified by the Georgia
Peace Officer Standards and Training Council as having met the qualifications and
having completed the basic training requirements for a peace officer under Chapter 8 of
Title 35.
15-26-2.
(a) The commission may employ investigators and special commission investigators to
conduct investigations by the commission.
(b) A special commission investigator shall have the power of arrest in the performance
of his or her duties for the commission for crimes that:
(1) Are committed within the special commission investigator's presence;
(2) Are committed within the building, parking area, or curtilage of a building where the
commission's office is located; within any building, parking area, or curtilage of a
building where an official meeting or hearing of the commission is being conducted; or
while traveling to or from such area; and
(3) Involve the person, building, vehicle, or other personal property of any member or
employee of the commission, or the person, vehicle, or other personal property of any
individual attending a meeting or hearing of the commission or traveling to or from such
area.
(c) Nothing in this Code section shall be construed to:
</ins>
<ins>(1) Confer the power of arrest for crimes that may be under investigation by the
commission but which are not provided for in subsection (b) of this Code section; or
(2) Affect or limit the powers or authority of investigators employed by any district
attorney's office, any solicitor-general's office, the Prosecuting Attorneys' Council of the
State of Georgia, or any sheriff or sheriff's deputy.
15-26-3.
(a) A subpoena shall state that it is issued by the commission and the title of the
proceeding and shall command each person to whom it is directed to attend and give
testimony or produce evidence at a time and place specified by the subpoena.
(b) A clerk of court shall make subpoenas in blank available on demand by electronic or
other means to parties, or their counsel, or to the commission.
(c) An attorney representing a party in a proceeding before the commission, including
investigative proceedings and hearings, may issue and sign a subpoena obtained by
electronic or other means from the clerk of court as an officer of a court for any deposition,
hearing, or other matter to be conducted in conjunction with such proceeding.
(d) A duly appointed officer or director of the commission may compel by subpoena the
attendance of individuals at a proceeding before the commission, including investigative
proceedings and hearings, and the production of pertinent books, papers, and documents
for any deposition, hearing, or other matter to be conducted in conjunction with such
proceeding.
(e) A subpoena shall be completed prior to being served.
(f) Subpoenas are enforceable as provided in Code Section 24-13-26.
(g) Subpoena fees and costs shall be the same as those provided for in proceedings in
superior court.
</ins>
<ins>(h) An individual who misuses a subpoena shall be subject to punishment for contempt of
court and a fine of not more than $300.00 or not more than 20 days' imprisonment, or both,
in the superior court in the county in which the attendance or production is required.
(i) Any attack on the validity of a subpoena shall be heard and determined by the body
before which the matter is then pending or by the court wherein enforcement of the
subpoena is being sought. Any resulting order is not appealable prior to entry of a final
order in the proceeding, except appeal of a court order pursuant to the interlocutory appeal
procedures set forth in subsection (b) of Code Section 5-6-34."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.