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Senate · Passed · 2025-2026 Regular Session

SB 605: Prosecuting Attorneys; additional grounds for discipline of a district attorney or solicitor-general or for his or her removal or involuntary retirement from office; provide

Last action May 11, 2026 · Effective Date

A Georgia Senate bill adds new grounds for disciplining, removing, or forcing the retirement of district attorneys and solicitors-general, covering victims' rights, public records, discovery, and professional conduct rules.

Read the full bill text

These buttons carry the bill's own text, not the summaries below. Copy for LLM, View as markdown, and Send to AI use the Markdown version: the text as filed, then the summaries under a heading that names them as ours. View raw is the text alone.

The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Enrolled version, the latest the General Assembly's website lists.

In plain language

Current Georgia law (O.C.G.A. § 15-18-32) lists reasons the Prosecuting Attorneys Qualifications Commission can discipline, remove, or force the retirement of a district attorney or solicitor-general, such as incapacity, willful misconduct, or a conviction involving moral turpitude. This bill adds several new grounds tied to specific legal duties prosecutors are supposed to follow. Under the bill, a prosecutor could face discipline for failing to make reasonable efforts to comply with the Crime Victims' Bill of Rights, the state's open records law, criminal discovery rules, or the Georgia Rules of Professional Conduct (particularly Rule 3.8 on prosecutors' special responsibilities). It also covers knowingly authorizing decisions based on improper factors described elsewhere in the law. The bill extends the existing rule that a prosecutor can be disciplined for letting an assistant prosecutor commit any of these violations. The changes take effect once the Governor signs the bill or it becomes law without a signature, and apply to disciplinary proceedings started on or after that date.

What the bill does

  • Adds failure to make reasonable efforts to comply with the Crime Victims' Bill of Rights (Title 17, Chapter 17) as grounds for discipline or removal of a district attorney or solicitor-general.
  • Adds failure to make reasonable efforts to comply with Georgia's open records law (Title 50, Chapter 18, Article 4) as a disciplinary ground.
  • Adds failure to make reasonable efforts to comply with criminal discovery rules (Title 17, Chapter 16) as a disciplinary ground.
  • Adds failure to make reasonable efforts to comply with the Georgia Rules of Professional Conduct, especially Rule 3.8 on prosecutors' special duties, as a disciplinary ground.
  • Expands the rule holding a district attorney or solicitor-general responsible for knowingly permitting an assistant to commit any of these newly listed violations.
  • Makes the changes effective upon the Governor's signature and applies them only to disciplinary proceedings started on or after that date.

Who it affects

Georgia's district attorneys and solicitors-general, their assistant prosecutors, and the Prosecuting Attorneys Qualifications Commission, which enforces these discipline and removal standards. Crime victims and criminal defendants are indirectly affected since several new grounds tie prosecutor conduct to victims' rights and discovery obligations.

Why it matters

By spelling out specific duties, like following victims' rights law, open records law, discovery rules, and professional conduct rules, as explicit grounds for discipline, the bill gives the oversight commission clearer authority to act against prosecutors who neglect these obligations, potentially changing how accountability cases against district attorneys and solicitors-general are brought.

Key provisions

  • Section 1 revises subsection (h) of O.C.G.A. § 15-18-32 to add new paragraphs (7) through (11) listing specific compliance failures as grounds for discipline or removal.
  • New paragraph (7) covers failure to make reasonable efforts to comply with the Crime Victims' Bill of Rights (Title 17, Chapter 17).
  • New paragraph (8) covers failure to make reasonable efforts to comply with Georgia's open records law (Title 50, Chapter 18, Article 4).
  • New paragraph (10) covers failure to make reasonable efforts to comply with criminal discovery procedures (Title 17, Chapter 16).
  • New paragraph (11) covers failure to make reasonable efforts to comply with the Georgia Rules of Professional Conduct, citing Rule 3.8 on prosecutors' special responsibilities.
  • The provision on assistant prosecutors is updated so a supervising prosecutor can be disciplined for knowingly permitting an assistant to violate any of paragraphs (1) through (11), up from (1) through (6).
  • Section 2 sets the effective date as the date of the Governor's approval or the date the bill becomes law without approval, applying only to disciplinary proceedings started on or after that date.

From the bill

“Failure to make reasonable efforts to strictly comply with the 'Crime Victims' Bill of Rights' set forth in Chapter 17 of Title 17”

New ground for discipline tied to prosecutors' compliance with crime victims' rights law.

“Failure to make reasonable efforts to comply with the Georgia Rules of Professional Conduct of the State Bar of Georgia; specifically, but not limited to, Rule 3.8 related to special responsibilities of a prosecutor”

New ground for discipline tied to prosecutors following state bar ethics rules for prosecutors.

Discussed in meetings (12)

The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.

  1. Senate Rules Committee, March 5, 2026

    From 0:57:22 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said SB 605 would establish clearly defined conduct rules for prosecuting attorneys so they know what is permitted and prohibited. No substantive questions followed. The committee unanimously included the bill in the floor-calendar package.

  2. Senate floor session, March 6, 2026 (legislative day 28, part 1)

    From 6:17:50 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Tabled)

    Summary by Georgia Commons: The sponsor said SB 605 would clarify conduct for which the Prosecuting Attorneys Qualifications Commission could discipline district attorneys and solicitors-general. The sponsor said the commission had received close to 200 complaints without conducting a hearing and described existing grounds as too limited or unclear. Proposed grounds included failures to make reasonable efforts to follow victims' rights, open-records and evidence-disclosure laws, improper decision-making and violations of lawyers' professional rules. The sponsor said discussions with prosecutors led to replacing absolute compliance requirements with a reasonable-efforts standard. One member questioned whether the bill targeted the Fulton County district attorney following a legislative investigation. The sponsor denied that and said it applied statewide. Another member questioned why the victims' rights provision still referred to strict compliance and whether a district attorney remained concerned. The sponsor answered that the reasonable-efforts language addressed practical mistakes and believed the concerns had been resolved. The Senate adopted the committee substitute and passed the bill, 34 to 18.

  3. House Judiciary Non-Civil Committee, March 18, 2026

    From 0:34:20 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said SB 605 would explicitly authorize discipline of elected prosecutors for failures involving victims’ rights, public records, criminal discovery, impartiality and professional conduct. The sponsor said these were existing duties, and reasonable-effort language would account for circumstances such as overwhelming workloads or difficulty locating victims. One member asked about blanket refusals to enforce laws, and another member identified an existing provision addressing that concern. Another member asked about withholding sensitive crime-scene photographs. The sponsor said ongoing investigations were protected and discussed court orders and sealing records. The executive director of the Prosecuting Attorneys Qualifications Commission took no position but raised implementation concerns: the commission oversees elected prosecutors, not assistants who may handle the work, and commission findings could conflict with court rulings on the same issues. The sponsor responded that office policies and internal discipline could demonstrate reasonable efforts, and argued that court proceedings and commission discipline could operate alongside each other. The sponsor suggested broader oversight of assistants might be considered later, but it was not part of this bill. The committee approved the bill by voice vote without amendments; no vote count was stated.

  4. House Rules Committee, March 23, 2026

    From 0:25:25 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said SB 605 would add grounds for prosecutor discipline, including failures to comply with victims' rights requirements, open-records laws and ethical standards adopted by the oversight commission and the State Bar of Georgia. The sponsor said victims would need notice of court proceedings and an opportunity to attend and be heard. The sponsor reported substantial input from prosecutors. No questions or calendar decision followed.

  5. House Rules Committee, March 27, 2026

    From 1:11:40 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: Following a motion and second, the chair announced that SB 605 was on the legislative day 38 floor calendar. No discussion of its contents or vote count was provided.

  6. House floor session, March 27, 2026 (legislative day 38, part 2)

    From 0:52:34 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 3373

    Summary by Georgia Commons: The presenter said SB 605 would add grounds for disciplining or removing district attorneys and solicitors-general under the prosecutor oversight system. The presenter listed failures to make reasonable efforts to follow victims' rights, public-records, evidence-disclosure and professional-conduct requirements, along with decisions involving prohibited bias or undisclosed conflicts of interest. A member asked whether a specific case prompted the bill. The presenter cited experiences in private practice and representing victims but did not identify a case. The House passed the bill 156 to 7.

Status timeline

  1. 2026-05-11Effective Date
  2. 2026-05-11Act 499
  3. 2026-05-11Senate Date Signed by Governor (Senate)
  4. 2026-04-10Senate Sent to Governor (Senate)
  5. 2026-03-27House Passed/Adopted (House)
  6. 2026-03-27House Third Readers (House)
  7. 2026-03-19House Committee Favorably Reported (House)
  8. 2026-03-10House Second Readers (House)
Show full history (17 actions)
  1. 2026-03-09House First Readers (House)
  2. 2026-03-06Senate Passed/Adopted By Substitute (Senate)
  3. 2026-03-06Senate Third Read (Senate)
  4. 2026-03-06Senate Taken from Table (Senate)
  5. 2026-03-06Senate Tabled (Senate)
  6. 2026-03-04Senate Read Second Time (Senate)
  7. 2026-03-03Senate Committee Favorably Reported By Substitute (Senate)
  8. 2026-02-26Senate Read and Referred (Senate)
  9. 2026-02-25Senate Hopper (Senate)

Sponsors

  • Bill Cowsert (R, SD-46)Primary sponsor
  • Greg Dolezal (R, SD-27)
  • Steve Gooch (R, SD-51)
  • Tyler Paul Smith (R, HD-18)

Votes

  1. PassedSenate voteMarch 6, 2026

    34 yea, 18 nay (1 not voting, 2 excused)

    PASSAGE BY SUBSTITUTE: Senate Vote #658

  2. PassedHouse voteMarch 27, 2026

    156 yea, 7 nay (3 not voting, 10 excused)

    PASSAGE: House Vote #783

Topics

  • district attorneys
  • prosecutor discipline
  • crime victims' rights
  • open records law
  • criminal discovery

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