The Senate Special Committee on Investigations offered the following
substitute to SB 607:
A BILL TO BE ENTITLED
AN ACT
To amend Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated,
relating to grand juries, so as to provide for a state grand jury; to provide for its creation,
selection, composition, compensation, procedures, and term; to provide for definitions; to
provide for a foreperson and deputy foreperson; to provide for certain disqualifications and
recusals; to provide for certain oaths; to provide for a legal advisor; to provide secrecy of
proceedings; to provide for sanctions for violations; to provide for subpoenas and compelling
the production of evidence and testimony; to provide for assistance; to provide for the
promulgation of rules and regulations by the Supreme Court; to provide for legislative
findings; to provide a short title; to provide for related matters; to provide a contingent
effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to
grand juries, is amended by adding a new part to read as follows:
"Part 3
15-12-105.
(a) This part shall be known and may be cited as the 'State Grand Jury Act,' and any state
grand jury which may be convened as provided herein shall be known as a 'State Grand
Jury of Georgia.'
(b) The General Assembly finds that there is a need to enhance the grand jury system to
improve the ability of the state to detect and eliminate violations of the election laws of this
state and other crimes related to voting and elections. Crimes involving voting, elections,
or violations of the election laws of this state and related crimes transpire at times in a
single county, but often transpire or have significance in more than one county of this state.
In addition, such crimes have an impact on all the citizens of Georgia. The right to vote
is precious, sacred, and the most powerful nonviolent tool or instrument available to
guarantee freedom and liberty. The commission of such crimes in one county may affect
state-wide elections. Furthermore, criminal conduct with regard to voting and elections
serves to undermine the confidence that citizens have in the results of the elections and the
legitimacy of those elected which erodes the legitimacy of our government. The General
Assembly believes that a state grand jury, possessing considerably broader investigative
authority than individual county grand juries, should be available to investigate crimes
involving voting, elections, or violations of the election laws of this state and all related
crimes in Georgia.
(c) This part shall not limit the authority of a county grand jury, district attorney, or other
appropriate law enforcement personnel to investigate, indict, or prosecute offenses within
the jurisdiction of the state grand jury.
15-12-106.
For purposes of this part, the term 'crimes involving voting, elections, or violations of the
election laws of this state and all related crimes' means any unlawful activity, under color
of or in connection with any primary, election, or runoff for a federal or state office,
involving a violation of the election laws of this state and all offenses related thereto.
15-12-107.
(a) If the Attorney General determines that the need exists for the creation of a state grand
jury to investigate and consider indictments or special presentments within the jurisdiction
of such state grand jury, the Attorney General may petition the Supreme Court of Georgia
for the impaneling of a state grand jury. Such petition shall set forth the need for such state
grand jury and the basis for its investigation. Such petition shall be placed under seal by
the Supreme Court and the contents of such petition shall not be disclosed to the public.
(b) If a majority of the justices of the Supreme Court find that there is a need for the
impaneling of a state grand jury, the Chief Justice of the Supreme Court shall enter an order
calling for the impaneling of a state grand jury and shall appoint a judge of the superior
court to preside over such state grand jury. The clerk of the State-wide Business Court
provided for in Code Section 15-5A-11 shall be clerk for such state grand jury.
15-12-108.
(a) There is established a state grand jury system. Each state grand jury shall consist of
not less than 13 nor more than 23 persons who shall meet in any suitable place in this state
designated by the superior court judge appointed by the Chief Justice of the Supreme Court
to act as presiding judge for each state grand jury in which the Attorney General seeks to
have impaneled. Each person serving as a state grand juror shall:
(1) Be a citizen of this state and the United States, 18 years of age or older, and have
resided in the State of Georgia for at least six months prior to serving on such state grand
jury;
(2) Not be a person who holds any elective office in state or local government or who has
held any such office within a period of two years preceding the time of serving on such
state grand jury;
(3) Not have been convicted of a felony in a state or federal court who has not had his
or her civil rights restored;
(4) Not have been judicially determined to be mentally incompetent;
(5) Not have been charged with a felony offense and who is in a pretrial release program,
a pretrial release and diversion program, or a pretrial intervention and diversion program,
as provided for in Article 4 of Chapter 18 of Title 15 or Article 4 of Chapter 3 of Title 42
or pursuant to Uniform Superior Court Rule 27, a similar diversion program from another
state, or a similar federal court diversion program for a felony offense;
(6) Not have been sentenced for a felony offense pursuant to Code Section 16-13-2 and
has not completed the terms of his or her sentence;
(7) Not be serving a sentence for a felony offense pursuant to Article 3 of Chapter 8 of
Title 42 or serving a first offender sentence for a felony offense pursuant to another state's
law; and
(8) Not be participating in a drug court division, mental health court division, veterans
court division, a similar court program from another state, or a similar federal court
program for a felony offense.
(b) The jurisdiction of a state grand jury impaneled pursuant to this part extends
throughout the state. The subject matter jurisdiction of a state grand jury in all cases is
limited to violations and attempted violations of law regarding voting, elections, or
violations of the election laws of this state and all related crimes.
(c) A state grand jury may return indictments or special presentments irrespective of the
county or judicial circuit where the offense is committed or triable. If an indictment or
special presentment is returned, it shall be certified and transferred for prosecution to the
county where venue is appropriate under Georgia law for prosecution by the Attorney
General or his or her designee. The powers and duties of and the law applicable to county
grand juries shall apply to a state grand jury, except when such powers and duties are
inconsistent with the provisions of this part.
(d) In order to return a true bill of indictment or special presentment, twelve or more state
grand jurors must find that probable cause exists for the indictment or special presentment
and vote in favor of it. Upon indictment or special presentment by a state grand jury, the
indictment or special presentment shall be returned to the presiding judge. If the presiding
judge considers the indictment or special presentment to be within the authority of the state
grand jury and otherwise in accordance with the provisions of this part, he or she shall
return the indictment or special presentment by order to the county where venue is
appropriate under law for prosecution by the Attorney General or his or her designee. The
presiding judge may direct that the indictment or special presentment be kept secret until
the defendant is in custody or has been released pending trial. Thereupon, the clerk of the
state grand jury shall seal the indictment or special presentment, and no person shall
disclose the return of the indictment or special presentment except when necessary for the
issuance and execution of a warrant. A true bill returned by the state grand jury on any
count of an indictment or special presentment shall be published in open court in the county
in which such indictment or special presentment is returned by the presiding judge for
prosecution; provided, however, that, if such indictment or special presentment is under
seal by order of the presiding judge, such indictment or special presentment shall be
published in open court only following such indictment or special presentment being
unsealed following the arrest of the defendant or the release of the defendant pending trial.
A no bill on all counts of an indictment or special presentment shall be filed with the clerk
of the state grand jury by the prosecuting attorney.
15-12-109.
(a) The Attorney General or his or her designee shall attend sessions of a state grand jury
and shall serve as its legal advisor. The Attorney General or his or her designee shall
examine witnesses, present evidence, and draft indictments, special presentments, and
reports upon the direction of a state grand jury.
(b) In all investigations of the crimes specified in Code Section 15-12-106, except in
matters where a district attorney or his or her staff is the subject of such investigation, the
Attorney General shall first consult with the appropriate district attorney of the jurisdiction
where the crime or crimes occurred. After such consultation, the Attorney General shall
determine whether to initiate a state grand jury investigation. The district attorney of the
circuit where any crime or crimes occurred shall retain the opportunity to also convene a
county grand jury.
(c) When the Attorney General determines that he or she should recuse himself or herself
from participation in a state grand jury investigation and prosecution, the Attorney General
may either refer the matter to a district attorney for investigation and prosecution, or
remove himself or herself entirely from any involvement in the case and designate a
prosecutor to assume his or her functions and duties pursuant to this part. When a district
attorney determines that he or she should recuse himself or herself from participation in a
state grand jury matter, the Attorney General shall conduct such investigation and
prosecution but the Attorney General, in his or her discretion, may designate another
district attorney or appoint a special prosecutor not subject to a conflict to handle or assist
him or her in the state grand jury investigation, as the Attorney General deems appropriate.
(d)(1) A hearing on a motion to disqualify the Attorney General or legal advisor for the
state grand jury from a state grand jury investigation shall be held in public; provided,
however, that the presiding judge shall conduct such hearing in a manner to ensure the
secrecy and integrity of the investigation. The presiding judge shall protect the identity
of the person or persons being investigated to the extent practicable. In order to
disqualify the Attorney General or legal advisor for the state grand jury, the presiding
judge shall find an actual conflict of interest resulting in actual prejudice against the
moving party. If the Attorney General or legal advisor for the state grand jury or a
member of the staff is disqualified, then the Attorney General shall refer the matter to a
district attorney for investigation and prosecution. If a district attorney or special
prosecutor, or member of the staff of a district attorney or special prosecutor, is
disqualified, the matter shall be referred to the office of the Attorney General for
investigation or prosecution.
(2) An order to disqualify the Attorney General or legal advisor for the state grand jury
from a state grand jury investigation, entered prior to the issuance of an indictment or
arrest warrant, shall become effective not less than ten days after the date issued and
notice is given to the Attorney General or such legal advisor unless appealed. If an
appeal from the order is made, the state grand jury and the Attorney General or legal
advisor for the state grand jury shall continue to exercise his or her powers pending
disposition of the appeal, except as is otherwise ordered by the Supreme Court. The
Supreme Court shall handle all appeals from this Code section in an expedited manner.
(3) The state grand jury may continue with its investigation and the Attorney General or
the district attorney or his or her designee may continue to serve as legal advisor to the
state grand jury with all authority, functions, and responsibilities set forth in this part until
the final order becomes effective or upon the issuance of the final order of the Supreme
Court, if appealed, whichever occurs later.
15-12-110.
(a) Upon the Supreme Court ordering a term of a state grand jury upon the petition of the
Attorney General and the appointment of a presiding judge, the presiding judge shall direct
the clerk of the state grand jury to randomly draw the names of 60 persons from the
state-wide master jury list provided for in Code Section 15-12-40.1 and summon such
individuals to attend the jury selection process for the state grand jury. The jury selection
process shall be conducted by the presiding judge. The clerk of the state grand jury shall
issue his or her writ of venire facias for such persons, requiring their attendance at the time
designated. The writ of venire facias shall be delivered immediately to the sheriff of the
county where each person resides and served as provided by law. From the 60 persons so
summoned, a state grand jury for that term of not less than 13 nor more than 23 persons
shall be impaneled in the same manner as jurors are impaneled for service on a county
grand jury. Nothing in this Code section shall be construed to limit the right of the
Attorney General or his or her designee to request that a potential state grand juror be
excused for cause. Jurors of a state grand jury shall receive a daily subsistence expense
equal to the maximum allowable for the Atlanta, Georgia, area, by regulation of the
Internal Revenue Code when summoned or serving, and also shall be paid the same per
diem and mileage as are members of state boards, commissions, and committees.
(b) The presiding judge shall appoint one of the jurors to be foreperson and another to be
deputy foreperson. During the absence of the foreperson, the deputy foreperson shall act
as foreperson of the jury.
(c) The Attorney General or his or her designee shall coordinate the scheduling of
activities of any state grand jury.
(d) When the presiding judge assigned to a state grand jury determines that the state grand
jury's investigation has been completed or on the issuance of a report by the state grand
jury of the matter or matters being investigated by it that the investigation has been
completed, the presiding judge shall recommend to the Chief Justice of the Supreme Court
that the state grand jury be dissolved. The Chief Justice shall report the recommendation
to the other justices of the Supreme Court and, upon a majority thereof voting in favor of
the dissolution of the state grand jury, the state grand jury shall stand dissolved. If a
majority of the justices do not vote in favor of the dissolution of the state grand jury, the
Chief Justice shall advise the presiding judge who shall instruct and charge the state grand
jury as to the particular matters to be investigated and the state grand jury shall be required
to complete the further investigation. In no event shall the term of service for a state grand
jury exceed 12 months.
15-12-111.
(a) The clerk of the state grand jury, upon the request of the Attorney General or his or her
designee, shall issue subpoenas or subpoenas for production of evidence to compel
individuals, documents, or other materials to be brought from anywhere in this state to a
state grand jury. In addition, a state grand jury may proceed in the same manner as
provided by Chapter 13 of Title 24. The subpoenas and subpoenas for production of
evidence may be for investigative purposes and for the retention of documents or other
materials so subpoenaed for proper criminal proceedings. Any law enforcement officer
with appropriate jurisdiction is empowered to serve such subpoenas and subpoenas for
production of evidence and receive the documents and other materials for return to a state
grand jury. Any person violating a subpoena or subpoena for production of evidence
issued pursuant to this part, or who fails to fully answer all questions put to him or her
before proceedings of a state grand jury where the response thereto is not privileged or
otherwise protected by law, including the granting of immunity as authorized by Code
Section 24-5-507, may be punished by the presiding judge for contempt. To this end,
where the violation or failure to answer is alleged to have occurred, the Attorney General
or his or her designee may petition the presiding judge to compel compliance by the person
alleged to have committed the violation or who has failed to answer. If the presiding judge
considers compliance is warranted, he or she may order this compliance and may punish
the individual for contempt where the compliance does not occur.
(b) The clerk of the state grand jury also may issue subpoenas and subpoenas for
production of evidence to compel individuals, documents, or other materials to be brought
from anywhere in this state to the trial of any indictment returned by a state grand jury or
the trial of any civil forfeiture action arising out of an investigation conducted by a state
grand jury.
(c) If any person asks to be excused from testifying before a state grand jury or from
producing any books, papers, records, correspondence, or other documents before a state
grand jury on the ground that the testimony or evidence required of him or her may tend
to incriminate him or her or subject him or her to any penalty or forfeiture and is
notwithstanding directed by the presiding judge to give the testimony or produce the
evidence, he or she shall comply with this direction, but no testimony so given or other
information produced, or any information directly or indirectly derived from such
testimony or such other information, may be received against him or her in any criminal
action, criminal investigation, or criminal proceeding. No individual testifying or
producing evidence or documents is exempt from prosecution or punishment for any
perjury committed by him or her while so testifying, and the testimony or evidence given
or produced is admissible against him or her upon any criminal action, criminal
investigation, or criminal proceeding concerning this perjury; provided, however, that any
individual may execute, acknowledge, and file a statement with the appropriate court
expressly waiving immunity or privilege with respect to any testimony or evidence given
or produced and thereupon the testimony or evidence given or produced may be received
or produced before any judge or justice, court, tribunal, grand jury, or otherwise, and if so
received or produced, the individual shall not be entitled to any immunity or privilege on
account of any testimony he or she may give or evidence produced.
15-12-112.
Once a state grand jury has entered into a term, the Attorney General or district attorney,
in the appropriate case, may notify the presiding judge in writing as often as is necessary
and appropriate that the state grand jury's areas of inquiry have been expanded or additional
areas of inquiry have been added thereto.
15-12-113.
(a)(1) Prior to impaneling, swearing, and charging the state grand jury, the presiding
judge and the district attorney may examine prospective state grand jurors as to their
qualifications to serve as provided in Code Sections 15-12-4 and 15-12-60. Such
examination shall be conducted after the administration of the preliminary oath set forth
in paragraph (2) of this subsection. Any prospective state grand juror who is not qualified
to serve shall be excused by the presiding judge.
(2) Prior to examination, the presiding judge, the district attorney, or the clerk shall
administer the following oath or affirmation to prospective state grand jurors:
'You shall give true answers to all questions as may be asked by the court or the district
attorney concerning your qualifications to serve as a state grand juror.'
(b) When, from challenge or from any other cause, there is not a sufficient number of
persons in attendance to complete the impaneling of state grand jurors, the presiding judge
shall order the clerk to choose at random from the state-wide master jury list provided for
in Code Section 15-12-40.1 a sufficient number of prospective state grand jurors necessary
to complete the state grand jury. Nothing in this Code section shall be construed as barring
the court from taking any action against a person who has been summoned to appear as a
juror as provided in Code Section 15-12-10.
(c) The following oath shall be administered to the foreperson and to each member of the
state grand jury:
'You, as foreperson (or member) of the state grand jury for the State of Georgia, shall
diligently inquire and true presentment make of all such matters and things as shall be
given you in the court's charge or shall come to your knowledge touching the present
service; and you shall keep the deliberations of the state grand jury secret unless called
upon to give evidence thereof in some court of law in this state. You shall present no one
from envy, hatred, or malice, nor shall you leave anyone unpresented from fear, favor,
affection, reward, or the hope thereof, but you shall present all things truly and as they
come to your knowledge. So help you God.'
(d) The foreperson shall administer the following oath or affirmation to any witness who
testifies before a state grand jury:
'Do you solemnly swear or affirm that the evidence you shall give the state grand jury
shall be the truth, the whole truth, and nothing but the truth? So help you God.'
Any oath given that substantially complies with the language in this subsection shall
subject the witness to the provisions of Code Section 16-10-70.
15-12-114.
(a) State grand jury proceedings shall be secret, and no state grand juror shall disclose the
nature or substance of the deliberations or vote of the state grand jury. The only persons
who may be present in the state grand jury room when a state grand jury is in session,
except for deliberations and voting, are the state grand jurors, the Attorney General or his
or her designee, a court reporter if present, an interpreter if necessary, and the witness
testifying. A state grand juror, the Attorney General or his or her designee, any interpreter
used, any court reporter present, and any person to whom disclosure is made pursuant to
paragraph (2) of subsection (b) of this Code section may not disclose the testimony of a
witness examined before a state grand jury or other evidence received by it except when
directed by a court for the purpose of:
(1) Ascertaining whether it is consistent with the testimony given by the witness before
the court in any subsequent criminal proceeding;
(2) Determining whether the witness is guilty of perjury;
(3) Assisting local, state, other state or federal law enforcement or investigating agencies,
including another grand jury, in investigating crimes under their investigative
jurisdiction;
(4) Providing the defendant the materials to which he or she is entitled pursuant to law;
or
(5) Complying with constitutional, statutory, or other legal requirements or to further
justice.
If the court orders disclosure of matters occurring before a state grand jury, such disclosure
shall be made in the manner, at the time, and under such conditions as the court directs.
The court shall grant a request made by the Attorney General pursuant to this subsection
in an expedited manner so as not to interfere with or delay the operation of the state grand
jury or its legal advisor when the requested disclosure is authorized by this subsection.
(b) Disclosure of testimony of a witness examined before a state grand jury or other
evidence received by it may be made without being directed by a court to:
(1) The Attorney General or his or her designee for use in the performance of their
duties; and
(2) Those governmental personnel, including personnel of the state or its political
subdivisions, as are considered necessary by the Attorney General or his designee to
assist in the performance of their duties to enforce the criminal laws of this state;
provided, however, that any person to whom matters are disclosed under this paragraph
shall not utilize that state grand jury material for purposes other than assisting the
Attorney General or his or her designee in the performance of their duties to enforce the
criminal laws of this state. The Attorney General or his or her designee promptly shall
provide the presiding judge before whom was impaneled the state grand jury whose
material has been disclosed, the names of the persons to whom the disclosure has been
made, and shall certify that he or she has advised such persons of their obligation of
secrecy under this Code section.
(c) Nothing in this Code section shall affect the attorney-client relationship. A client has
the right to communicate to his or her attorney any testimony given by the client to a state
grand jury, any matters involving the client discussed in the client's presence before a state
grand jury, and evidence involving the client received by or proffered to a state grand jury
in the client's presence.
(d) State grand jurors, the Attorney General or his or her designee, any court reporter used,
any interpreter used, and the clerk of the state grand jury shall be sworn to secrecy and also
may be punished for criminal contempt for violations of this Code section. Once he or she
is sworn to secrecy, the clerk of the state grand jury is authorized, only if requested by the
Attorney General or his or her designee, to give the oath of secrecy to members of the
Attorney General's staff; experts or other individuals contracted by the Attorney General
or law enforcement for assistance in a state grand jury investigation; federal, state, or local
prosecutors and their staff; and federal, state, or local law enforcement officers and their
staff. Once he or she is sworn, the clerk of the state grand jury is authorized at any time
to give the oath of secrecy to members of his or her own staff or to a court reporter.
(e) Records, orders, and subpoenas relating to state grand jury proceedings shall be kept
under seal to the extent and for that time as is necessary to prevent disclosure of matters
occurring before a state grand jury.
(f) It shall not be necessary for a proposed bill of indictment to be presented to a state
grand jury prior to its engaging in investigative activities within its jurisdiction.
(g) Any person violating the provisions of this Code section shall be guilty of a
misdemeanor.
15-12-115.
(a) Except for the prosecution of cases arising from indictments or special presentments
issued by the state grand jury, and subject to the provisions and standards provided in this
part, the presiding judge has jurisdiction to hear all matters arising from the proceedings
of a state grand jury, including, but not limited to, matters relating to the impanelment or
removal of state grand jurors, the quashing of subpoenas, the punishment for contempt, and
the matter of bail for persons indicted by a state grand jury.
(b) A person indicted by a state grand jury for a bailable offense shall have a bond hearing
before the end of the second business day following the day he or she was arrested in this
state for that offense or the day he or she was delivered within this state following
extradition for that offense from another state or jurisdiction, and shall be released within
a reasonable time, not to exceed four hours, after the bond is delivered to the incarcerating
facility. If the presiding judge or acting presiding judge is not available, the initial bond
hearing following arrest for a state grand jury indictment may be conducted by any superior
court judge of the county where the grand jury was impaneled. A business day pursuant
to this subsection is any day in which the county courthouse is open in the county where
the grand jury was impaneled.
15-12-116.
The Attorney General shall make available suitable space for state grand juries to meet.
The Department of Public Safety and the Georgia Bureau of Investigation also shall
provide service as the state grand juries require. The other costs associated with the state
grand jury system, including juror per diem, mileage, and subsistence shall be paid from
funds appropriated to the Attorney General's office for this purpose by the General
Assembly in the annual general appropriations Act. Nothing this Code section shall
authorize the Attorney General to expend general funds above the level of appropriations
authorized annually in the general appropriations Act or supplemental appropriation Act.
15-12-117.
The Supreme Court may promulgate rules and regulations as are necessary for the
operation of the state grand jury system established in this part."
SECTION 2.
This Act shall become effective on January 1, 2027, provided that a constitutional
amendment is passed by the General Assembly and ratified by the voters of this state in the
2026 November general election. Otherwise, this Act shall be repealed by operation of law
on such date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.