Senate Resolution 875
By: Senators Cowsert of the 46th, Dolezal of the 27th and Gooch of the 51st
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for state-wide grand juries; to
provide for the jurisdiction, powers, and duties of state-wide grand juries; to authorize the
General Assembly to provide by law for procedures for the summoning and empaneling of
state-wide grand juries; to provide for a presiding judge; to provide that the Attorney General
or his or her designee shall act as the legal adviser and prosecutor for such state-wide grand
juries; to provide for the submission of this amendment for ratification or rejection; and for
other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VI of the Constitution is amended by adding at the end thereof a new Section XI to
read as follows:
<ins>"SECTION XI.
STATE-WIDE GRAND JURIES
Paragraph I. State-wide grand juries. (a) State-wide grand juries shall be summoned
and empaneled upon petition of the Attorney General to the Supreme Court under
procedures provided by law.
(b) A state-wide grand jury shall consist of not fewer than 13 nor more than 23 persons.
The jurisdiction of a state-wide grand jury shall extend throughout the state, and it may
investigate and return indictments for crimes committed anywhere within the state. The
term of any such state-wide grand jury shall not exceed 12 months.
(c) The Chief Justice of the Supreme Court shall designate a superior court judge to act
as presiding judge for each state-wide grand jury. Upon designation by the Chief Justice,
the presiding judge shall summon and empanel a state-wide grand jury in accordance with
procedures provided by law.
(d) The Attorney General or his or her designee shall act as legal adviser to any
state-wide grand jury. The Attorney General, in his or her discretion, may designate any
member of his or her staff or any district attorney to provide legal advice, counsel, or
assistance to a state-wide grand jury.
(e) The subject matter jurisdiction of state-wide grand juries shall extend to the
investigation and indictment of persons or legal entities for any crime involving voting,
elections, or a violation of the election laws of this state and all related crimes.
(f) It shall not be necessary for a proposed bill of indictment to be presented to a
state-wide grand jury prior to its engaging in investigative activities. The attendance of
witnesses and the production of documents at such investigations may be compelled by
subpoena, signed by any official authorized by the state-wide grand jury to issue such
process."
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SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as
provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the
above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to provide for state-wide
grand juries which shall have the authority to investigate and indict for
( ) NO crimes involving voting, elections, and violations of election laws
committed anywhere in the state?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes."
All persons desiring to vote against ratifying the proposed amendment shall vote "No." If
such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall
become a part of the Constitution of this state.