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 Code of Georgia Annotated,
relating to general provisions regarding prosecuting attorneys, so as to provide additional
qualifications regarding convictions for district attorneys, assistant district attorneys, deputy
district attorneys, and other attorneys at law employed by district attorneys; to provide for
related matters; to provide for an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to
general provisions regarding prosecuting attorneys, is amended by revising Code
Section 15-18-3, relating to qualifications for district attorneys, as follows:
"15-18-3.
<ins>(a)</ins> To be eligible to fill the office of district attorney, a person must:
(1) Have been a resident citizen of this state three years just preceding his <ins>or her</ins> election
or appointment;
(2) Permanently reside in the circuit at the time of his <ins>or her</ins> election or appointment;
(3) Have attained the age of 25 years;
(4) Have been duly admitted and licensed to practice law in the superior courts for at
least three years; and
(5) If previously disbarred from the practice of law, have been reinstated as provided by
law.
<ins>(b) Any person who solicits, accepts, or refuses to reject a pardon for any crime under the
laws of this state, any other state, or the United States shall not be eligible for election or
appointment to the office of district attorney nor to serve as a district attorney."
</ins> SECTION 2.
Said article is further amended by revising subsection (b) of Code Section 15-18-21, relating
to qualifications of attorneys and investigators employed by district attorney, as follows:
"(b)(1) Any assistant district attorney, deputy district attorney, or any other attorney at
law employed by the district attorney shall:
<ins>(A) Be</ins> <del>be</del> a member of the State Bar of Georgia,;
<ins>(B) Be admitted</ins> <del>admitted</del> to practice before the appellate courts of this state,;
<ins>(C) Serve</ins> <del>shall serve</del> at the pleasure of the district attorney;, <del>and
</del> <ins>(D) Have</ins> <del>shall have</del> such authority, powers, and duties as may be assigned by the
district attorney; <ins>and
(E) Not have been convicted of a felony under the laws of this state, any other state,
or the United States nor solicited, accepted, or refused to reject a pardon for a felony
under the laws of this state, any other state, or the United States.
(2) An assistant district attorney, deputy district attorney, or any other attorney at law
employed by a district attorney shall immediately vacate his or her position upon initial
conviction of a felony under the laws of this state, any other state, or the United States
</ins>
<ins>or upon soliciting, accepting, or refusing to reject a pardon for a felony under the laws of
this state, any other state, or the United States."
</ins> SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.