SB607: SB607 Grand Juries; creation, selection, composition, compensation, procedures, and term; provide

26 LC 47 4154S 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 Co de of Georgia Annotated,1 relating to grand juries, so as to provide for a state grand ju ry; to provide for its creation,2 selection, composition, compensation, procedures, and term; to provide for definitions; to3 provide for a foreperson and deputy foreperson; to provide for certain disqualifications and4 recusals; to provide for certain oaths; to provide for a legal advisor; to provide secrecy of5 proceedings; to provide for sanctions for violations; to provide for subpoenas and compelling6 the production of evidence and testimony; to provide for assist ance; to provide for the7 promulgation of rules and regulations by the Supreme Court; to provide for legislative8 findings; to provide a short title; to provide for related matt ers; to provide a contingent9 effective date and automatic repeal; to repeal conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Article 4 of Chapter 12 of Title 15 of the Official Code of Geo rgia Annotated, relating to13 grand juries, is amended by adding a new part to read as follows:14 - 1 - 26 LC 47 4154S "Part 315 15-12-105.16 (a) This part shall be known and may be cited as the 'State Grand Jury Act,' and any state17 grand jury which may be convened as provided herein shall be kn own as a 'State Grand18 Jury of Georgia.'19 (b) The General Assembly finds that there is a need to enhance the grand jury system to20 improve the ability of the state to detect and eliminate violations of the election laws of this21 state and other crimes related to voting and elections. Crimes involving voting, elections,22 or violations of the election laws of this state and related cr imes transpire at times in a23 single county, but often transpire or have significance in more than one county of this state. 24 In addition, such crimes have an impact on all the citizens of Georgia. The right to vote25 is precious, sacred, and the most powerful nonviolent tool or i nstrument available to26 guarantee freedom and liberty. The commission of such crimes in one county may affect27 state-wide elections. Furthermore, criminal conduct with regar d to voting and elections28 serves to undermine the confidence that citizens have in the results of the elections and the29 legitimacy of those elected which erodes the legitimacy of our government. The General30 Assembly believes that a state grand jury, possessing considerably broader investigative31 authority than individual county grand juries, should be availa ble to investigate crimes32 involving voting, elections, or violations of the election laws of this state and all related33 crimes in Georgia.34 (c) This part shall not limit the authority of a county grand jury, district attorney, or other35 appropriate law enforcement personnel to investigate, indict, or prosecute offenses within36 the jurisdiction of the state grand jury.37 - 2 - 26 LC 47 4154S 15-12-106.38 For purposes of this part, the term 'crimes involving voting, elections, or violations of the39 election laws of this state and all related crimes' means any unlawful activity, under color40 of or in connection with any primary, election, or runoff for a federal or state office,41 involving a violation of the election laws of this state and all offenses related thereto.42 15-12-107.43 (a) If the Attorney General determines that the need exists for the creation of a state grand44 jury to investigate and consider indictments or special presentments within the jurisdiction45 of such state grand jury, the Attorney General may petition the Supreme Court of Georgia46 for the impaneling of a state grand jury. Such petition shall set forth the need for such state47 grand jury and the basis for its investigation. Such petition shall be placed under seal by48 the Supreme Court and the contents of such petition shall not be disclosed to the public.49 (b) If a majority of the justices of the Supreme Court find th at there is a need for the50 impaneling of a state grand jury, the Chief Justice of the Supreme Court shall enter an order51 calling for the impaneling of a state grand jury and shall appo int a judge of the superior52 court to preside over such state grand jury. The clerk of the State-wide Business Court53 provided for in Code Section 15-5A-11 shall be clerk for such state grand jury.54 15-12-108.55 (a) There is established a state grand jury system. Each state grand jury shall consist of56 not less than 13 nor more than 23 persons who shall meet in any suitable place in this state57 designated by the superior court judge appointed by the Chief Justice of the Supreme Court58 to act as presiding judge for each state grand jury in which the Attorney General seeks to59 have impaneled. Each person serving as a state grand juror shall:60 - 3 - 26 LC 47 4154S (1) Be a citizen of this state and the United States, 18 years of age or older, and have61 resided in the State of Georgia for at least six months prior to serving on such state grand62 jury;63 (2) Not be a person who holds any elective office in state or local government or who has64 held any such office within a period of two years preceding the time of serving on such65 state grand jury;66 (3) Not have been convicted of a felony in a state or federal court who has not had his67 or her civil rights restored;68 (4) Not have been judicially determined to be mentally incompetent;69 (5) Not have been charged with a felony offense and who is in a pretrial release program,70 a pretrial release and diversion program, or a pretrial intervention and diversion program,71 as provided for in Article 4 of Chapter 18 of Title 15 or Article 4 of Chapter 3 of Title 4272 or pursuant to Uniform Superior Court Rule 27, a similar diversion program from another73 state, or a similar federal court diversion program for a felony offense;74 (6) Not have been sentenced for a felony offense pursuant to Code Section 16-13-2 and75 has not completed the terms of his or her sentence;76 (7) Not be serving a sentence for a felony offense pursuant to Article 3 of Chapter 8 of77 Title 42 or serving a first offender sentence for a felony offense pursuant to another state's78 law; and79 (8) Not be participating in a drug court division, mental health court division, veterans80 court division, a similar court program from another state, or a similar federal court81 program for a felony offense.82 (b) The jurisdiction of a state grand jury impaneled pursuant to this part extends83 throughout the state. The subject matter jurisdiction of a sta te grand jury in all cases is84 limited to violations and attempted violations of law regarding voting, elections, or85 violations of the election laws of this state and all related crimes.86 - 4 - 26 LC 47 4154S (c) A state grand jury may return indictments or special presentments irrespective of the87 county or judicial circuit where the offense is committed or tr iable. If an indictment or88 special presentment is returned, it shall be certified and transferred for prosecution to the89 county where venue is appropriate under Georgia law for prosecu tion by the Attorney90 General or his or her designee. The powers and duties of and the law applicable to county91 grand juries shall apply to a state grand jury, except when suc h powers and duties are92 inconsistent with the provisions of this part.93 (d) In order to return a true bill of indictment or special presentment, twelve or more state94 grand jurors must find that probable cause exists for the indictment or special presentment95 and vote in favor of it. Upon indictment or special presentment by a state grand jury, the96 indictment or special presentment shall be returned to the presiding judge. If the presiding97 judge considers the indictment or special presentment to be within the authority of the state98 grand jury and otherwise in accordance with the provisions of t his part, he or she shall99 return the indictment or special presentment by order to the co unty where venue is100 appropriate under law for prosecution by the Attorney General or his or her designee. The101 presiding judge may direct that the indictment or special presentment be kept secret until102 the defendant is in custody or has been released pending trial. Thereupon, the clerk of the103 state grand jury shall seal the indictment or special presentme nt, and no person shall104 disclose the return of the indictment or special presentment except when necessary for the105 issuance and execution of a warrant. A true bill returned by t he state grand jury on any106 count of an indictment or special presentment shall be published in open court in the county107 in which such indictment or special presentment is returned by the presiding judge for108 prosecution; provided, however, that, if such indictment or spe cial presentment is under109 seal by order of the presiding judge, such indictment or specia l presentment shall be110 published in open court only following such indictment or speci al presentment being111 unsealed following the arrest of the defendant or the release of the defendant pending trial. 112 - 5 - 26 LC 47 4154S A no bill on all counts of an indictment or special presentment shall be filed with the clerk113 of the state grand jury by the prosecuting attorney.114 15-12-109.115 (a) The Attorney General or his or her designee shall attend sessions of a state grand jury116 and shall serve as its legal advisor. The Attorney General or his or her designee shall117 examine witnesses, present evidence, and draft indictments, spe cial presentments, and118 reports upon the direction of a state grand jury.119 (b) In all investigations of the crimes specified in Code Sect ion 15-12-106, except in120 matters where a district attorney or his or her staff is the subject of such investigation, the121 Attorney General shall first consult with the appropriate district attorney of the jurisdiction122 where the crime or crimes occurred. After such consultation, the Attorney General shall123 determine whether to initiate a state grand jury investigation. The district attorney of the124 circuit where any crime or crimes occurred shall retain the opportunity to also convene a125 county grand jury.126 (c) When the Attorney General determines that he or she should recuse himself or herself127 from participation in a state grand jury investigation and prosecution, the Attorney General128 may either refer the matter to a district attorney for investig ation and prosecution, or129 remove himself or herself entirely from any involvement in the case and designate a130 prosecutor to assume his or her functions and duties pursuant to this part. When a district131 attorney determines that he or she should recuse himself or herself from participation in a132 state grand jury matter, the Attorney General shall conduct suc h investigation and133 prosecution but the Attorney General, in his or her discretion, may designate another134 district attorney or appoint a special prosecutor not subject to a conflict to handle or assist135 him or her in the state grand jury investigation, as the Attorney General deems appropriate.136 (d)(1) A hearing on a motion to disqualify the Attorney General or legal advisor for the137 state grand jury from a state grand jury investigation shall be held in public; provided,138 - 6 - 26 LC 47 4154S however, that the presiding judge shall conduct such hearing in a manner to ensure the139 secrecy and integrity of the investigation. The presiding judge shall protect the identity140 of the person or persons being investigated to the extent pract icable. In order to141 disqualify the Attorney General or legal advisor for the state grand jury, the presiding142 judge shall find an actual conflict of interest resulting in ac tual prejudice against the143 moving party. If the Attorney General or legal advisor for the state grand jury or a144 member of the staff is disqualified, then the Attorney General shall refer the matter to a145 district attorney for investigation and prosecution. If a dist rict attorney or special146 prosecutor, or member of the staff of a district attorney or sp ecial prosecutor, is147 disqualified, the matter shall be referred to the office of the Attorney General for148 investigation or prosecution.149 (2) An order to disqualify the Attorney General or legal advisor for the state grand jury150 from a state grand jury investigation, entered prior to the iss uance of an indictment or151 arrest warrant, shall become effective not less than ten days a fter the date issued and152 notice is given to the Attorney General or such legal advisor u nless appealed. If an153 appeal from the order is made, the state grand jury and the Att orney General or legal154 advisor for the state grand jury shall continue to exercise his or her powers pending155 disposition of the appeal, except as is otherwise ordered by th e Supreme Court. The156 Supreme Court shall handle all appeals from this Code section in an expedited manner.157 (3) The state grand jury may continue with its investigation and the Attorney General or158 the district attorney or his or her designee may continue to serve as legal advisor to the159 state grand jury with all authority, functions, and responsibilities set forth in this part until160 the final order becomes effective or upon the issuance of the final order of the Supreme161 Court, if appealed, whichever occurs later.162 - 7 - 26 LC 47 4154S 15-12-110.163 (a) Upon the Supreme Court ordering a term of a state grand jury upon the petition of the164 Attorney General and the appointment of a presiding judge, the presiding judge shall direct165 the clerk of the state grand jury to randomly draw the names of 60 persons from the166 state-wide master jury list provided for in Code Section 15-12- 40.1 and summon such167 individuals to attend the jury selection process for the state grand jury. The jury selection168 process shall be conducted by the presiding judge. The clerk of the state grand jury shall169 issue his or her writ of venire facias for such persons, requiring their attendance at the time170 designated. The writ of venire facias shall be delivered immediately to the sheriff of the171 county where each person resides and served as provided by law. From the 60 persons so172 summoned, a state grand jury for that term of not less than 13 nor more than 23 persons173 shall be impaneled in the same manner as jurors are impaneled f or service on a county174 grand jury. Nothing in this Code section shall be construed to limit the right of the175 Attorney General or his or her designee to request that a poten tial state grand juror be176 excused for cause. Jurors of a state grand jury shall receive a daily subsistence expense177 equal to the maximum allowable for the Atlanta, Georgia, area, by regulation of the178 Internal Revenue Code when summoned or serving, and also shall be paid the same per179 diem and mileage as are members of state boards, commissions, and committees.180 (b) The presiding judge shall appoint one of the jurors to be foreperson and another to be181 deputy foreperson. During the absence of the foreperson, the deputy foreperson shall act182 as foreperson of the jury.183 (c) The Attorney General or his or her designee shall coordina te the scheduling of184 activities of any state grand jury.185 (d) When the presiding judge assigned to a state grand jury determines that the state grand186 jury's investigation has been completed or on the issuance of a report by the state grand187 jury of the matter or matters being investigated by it that the investigation has been188 completed, the presiding judge shall recommend to the Chief Justice of the Supreme Court189 - 8 - 26 LC 47 4154S that the state grand jury be dissolved. The Chief Justice shall report the recommendation190 to the other justices of the Supreme Court and, upon a majority thereof voting in favor of191 the dissolution of the state grand jury, the state grand jury s hall stand dissolved. If a192 majority of the justices do not vote in favor of the dissolution of the state grand jury, the193 Chief Justice shall advise the presiding judge who shall instruct and charge the state grand194 jury as to the particular matters to be investigated and the state grand jury shall be required195 to complete the further investigation. In no event shall the term of service for a state grand196 jury exceed 12 months.197 15-12-111.198 (a) The clerk of the state grand jury, upon the request of the Attorney General or his or her199 designee, shall issue subpoenas or subpoenas for production of evidence to compel200 individuals, documents, or other materials to be brought from anywhere in this state to a201 state grand jury. In addition, a state grand jury may proceed in the same manner as202 provided by Chapter 13 of Title 24. The subpoenas and subpoena s for production of203 evidence may be for investigative purposes and for the retentio n of documents or other204 materials so subpoenaed for proper criminal proceedings. Any l aw enforcement officer205 with appropriate jurisdiction is empowered to serve such subpoe nas and subpoenas for206 production of evidence and receive the documents and other materials for return to a state207 grand jury. Any person violating a subpoena or subpoena for pr oduction of evidence208 issued pursuant to this part, or who fails to fully answer all questions put to him or her209 before proceedings of a state grand jury where the response the reto is not privileged or210 otherwise protected by law, including the granting of immunity as authorized by Code211 Section 24-5-507, may be punished by the presiding judge for co ntempt. To this end,212 where the violation or failure to answer is alleged to have occurred, the Attorney General213 or his or her designee may petition the presiding judge to compel compliance by the person214 alleged to have committed the violation or who has failed to answer. If the presiding judge215 - 9 - 26 LC 47 4154S considers compliance is warranted, he or she may order this compliance and may punish216 the individual for contempt where the compliance does not occur.217 (b) The clerk of the state grand jury also may issue subpoenas and subpoenas for218 production of evidence to compel individuals, documents, or other materials to be brought219 from anywhere in this state to the trial of any indictment returned by a state grand jury or220 the trial of any civil forfeiture action arising out of an inve stigation conducted by a state221 grand jury.222 (c) If any person asks to be excused from testifying before a state grand jury or from223 producing any books, papers, records, correspondence, or other documents before a state224 grand jury on the ground that the testimony or evidence required of him or her may tend225 to incriminate him or her or subject him or her to any penalty or forfeiture and is226 notwithstanding directed by the presiding judge to give the tes timony or produce the227 evidence, he or she shall comp ly with this direction, but no te stimony so given or other228 information produced, or any information directly or indirectly derived from such229 testimony or such other information, may be received against him or her in any criminal230 action, criminal investigation, or criminal proceeding. No ind ividual testifying or231 producing evidence or documents is exempt from prosecution or p unishment for any232 perjury committed by him or her while so testifying, and the testimony or evidence given233 or produced is admissible against him or her upon any criminal action, criminal234 investigation, or criminal proceeding concerning this perjury; provided, however, that any235 individual may execute, acknowledge, and file a statement with the appropriate court236 expressly waiving immunity or privilege with respect to any testimony or evidence given237 or produced and thereupon the testimony or evidence given or produced may be received238 or produced before any judge or justice, court, tribunal, grand jury, or otherwise, and if so239 received or produced, the individual shall not be entitled to any immunity or privilege on240 account of any testimony he or she may give or evidence produced.241 - 10 - 26 LC 47 4154S 15-12-112.242 Once a state grand jury has entered into a term, the Attorney General or district attorney,243 in the appropriate case, may notify the presiding judge in writing as often as is necessary244 and appropriate that the state grand jury's areas of inquiry have been expanded or additional245 areas of inquiry have been added thereto.246 15-12-113.247 (a)(1) Prior to impaneling, swearing, and charging the state g rand jury, the presiding248 judge and the district attorney may examine prospective state g rand jurors as to their249 qualifications to serve as provided in Code Sections 15-12-4 an d 15-12-60. Such250 examination shall be conducted after the administration of the preliminary oath set forth251 in paragraph (2) of this subsection. Any prospective state grand juror who is not qualified252 to serve shall be excused by the presiding judge.253 (2) Prior to examination, the presiding judge, the district at torney, or the clerk shall254 administer the following oath or affirmation to prospective state grand jurors:255 'You shall give true answers to all questions as may be asked by the court or the district256 attorney concerning your qualifications to serve as a state grand juror.'257 (b) When, from challenge or from any other cause, there is not a sufficient number of258 persons in attendance to complete the impaneling of state grand jurors, the presiding judge259 shall order the clerk to choose at random from the state-wide master jury list provided for260 in Code Section 15-12-40.1 a sufficient number of prospective state grand jurors necessary261 to complete the state grand jury. Nothing in this Code section shall be construed as barring262 the court from taking any action against a person who has been summoned to appear as a263 juror as provided in Code Section 15-12-10.264 (c) The following oath shall be administered to the foreperson and to each member of the265 state grand jury:266 - 11 - 26 LC 47 4154S 'You, as foreperson (or member) of the state grand jury for the State of Georgia, shall267 diligently inquire and true presentment make of all such matter s and things as shall be268 given you in the court's charge or shall come to your knowledge touching the present269 service; and you shall keep the deliberations of the state grand jury secret unless called270 upon to give evidence thereof in some court of law in this state. You shall present no one271 from envy, hatred, or malice, nor shall you leave anyone unpres ented from fear, favor,272 affection, reward, or the hope thereof, but you shall present a ll things truly and as they273 come to your knowledge. So help you God.'274 (d) The foreperson shall administer the following oath or affirmation to any witness who275 testifies before a state grand jury:276 'Do you solemnly swear or affirm that the evidence you shall gi ve the state grand jury277 shall be the truth, the whole truth, and nothing but the truth? So help you God.'278 Any oath given that substantially complies with the language in this subsection shall279 subject the witness to the provisions of Code Section 16-10-70.280 15-12-114.281 (a) State grand jury proceedings shall be secret, and no state grand juror shall disclose the282 nature or substance of the deliberations or vote of the state grand jury. The only persons283 who may be present in the state grand jury room when a state gr and jury is in session,284 except for deliberations and voting, are the state grand jurors, the Attorney General or his285 or her designee, a court reporter if present, an interpreter if necessary, and the witness286 testifying. A state grand juror, the Attorney General or his or her designee, any interpreter287 used, any court reporter present, and any person to whom disclosure is made pursuant to288 paragraph (2) of subsection (b) of this Code section may not di sclose the testimony of a289 witness examined before a state grand jury or other evidence received by it except when290 directed by a court for the purpose of:291 - 12 - 26 LC 47 4154S (1) Ascertaining whether it is consistent with the testimony given by the witness before292 the court in any subsequent criminal proceeding;293 (2) Determining whether the witness is guilty of perjury;294 (3) Assisting local, state, other state or federal law enforcement or investigating agencies,295 including another grand jury, in investigating crimes under the ir investigative296 jurisdiction;297 (4) Providing the defendant the materials to which he or she is entitled pursuant to law;298 or299 (5) Complying with constitutional, statutory, or other legal r equirements or to further300 justice.301 If the court orders disclosure of matters occurring before a state grand jury, such disclosure302 shall be made in the manner, at the time, and under such condit ions as the court directs. 303 The court shall grant a request made by the Attorney General pursuant to this subsection304 in an expedited manner so as not to interfere with or delay the operation of the state grand305 jury or its legal advisor when the requested disclosure is authorized by this subsection.306 (b) Disclosure of testimony of a witness examined before a sta te grand jury or other307 evidence received by it may be made without being directed by a court to:308 (1) The Attorney General or his or her designee for use in the performance of their309 duties; and310 (2) Those governmental personnel, including personnel of the s tate or its political311 subdivisions, as are considered necessary by the Attorney Gener al or his designee to312 assist in the performance of their duties to enforce the crimin al laws of this state;313 provided, however, that any person to whom matters are disclosed under this paragraph314 shall not utilize that state grand jury material for purposes o ther than assisting the315 Attorney General or his or her designee in the performance of their duties to enforce the316 criminal laws of this state. The Attorney General or his or her designee promptly shall317 provide the presiding judge before whom was impaneled the state grand jury whose318 - 13 - 26 LC 47 4154S material has been disclosed, the names of the persons to whom the disclosure has been319 made, and shall certify that he or she has advised such persons of their obligation of320 secrecy under this Code section.321 (c) Nothing in this Code section shall affect the attorney-client relationship. A client has322 the right to communicate to his or her attorney any testimony given by the client to a state323 grand jury, any matters involving the client discussed in the client's presence before a state324 grand jury, and evidence involving the client received by or proffered to a state grand jury325 in the client's presence.326 (d) State grand jurors, the Attorney General or his or her designee, any court reporter used,327 any interpreter used, and the clerk of the state grand jury shall be sworn to secrecy and also328 may be punished for criminal contempt for violations of this Code section. Once he or she329 is sworn to secrecy, the clerk of the state grand jury is authorized, only if requested by the330 Attorney General or his or her designee, to give the oath of se crecy to members of the331 Attorney General's staff; experts or other individuals contracted by the Attorney General332 or law enforcement for assistance in a state grand jury investigation; federal, state, or local333 prosecutors and their staff; and federal, state, or local law enforcement officers and their334 staff. Once he or she is sworn, the clerk of the state grand j ury is authorized at any time335 to give the oath of secrecy to members of his or her own staff or to a court reporter.336 (e) Records, orders, and subpoenas relating to state grand jury proceedings shall be kept337 under seal to the extent and for that time as is necessary to p revent disclosure of matters338 occurring before a state grand jury.339 (f) It shall not be necessary for a proposed bill of indictmen t to be presented to a state340 grand jury prior to its engaging in investigative activities within its jurisdiction.341 (g) Any person violating the provisions of this Code section s hall be guilty of a342 misdemeanor.343 - 14 - 26 LC 47 4154S 15-12-115.344 (a) Except for the prosecution of cases arising from indictments or special presentments345 issued by the state grand jury, and subject to the provisions and standards provided in this346 part, the presiding judge has jurisdiction to hear all matters arising from the proceedings347 of a state grand jury, including, but not limited to, matters relating to the impanelment or348 removal of state grand jurors, the quashing of subpoenas, the punishment for contempt, and349 the matter of bail for persons indicted by a state grand jury.350 (b) A person indicted by a state grand jury for a bailable offense shall have a bond hearing351 before the end of the second business day following the day he or she was arrested in this352 state for that offense or the day he or she was delivered withi n this state following353 extradition for that offense from another state or jurisdiction, and shall be released within354 a reasonable time, not to exceed four hours, after the bond is delivered to the incarcerating355 facility. If the presiding judge or acting presiding judge is not available, the initial bond356 hearing following arrest for a state grand jury indictment may be conducted by any superior357 court judge of the county where the grand jury was impaneled. A business day pursuant358 to this subsection is any day in which the county courthouse is open in the county where359 the grand jury was impaneled.360 15-12-116.361 The Attorney General shall make available suitable space for st ate grand juries to meet. 362 The Department of Public Safety and the Georgia Bureau of Inves tigation also shall363 provide service as the state grand juries require. The other costs associated with the state364 grand jury system, including juror per diem, mileage, and subsistence shall be paid from365 funds appropriated to the Attorney General's office for this pu rpose by the General366 Assembly in the annual general appropriations Act. Nothing thi s Code section shall367 authorize the Attorney General to expend general funds above the level of appropriations368 authorized annually in the general appropriations Act or supplemental appropriation Act.369 - 15 - 26 LC 47 4154S 15-12-117.370 The Supreme Court may promulgate rules and regulations as are n e c e s s a r y f o r t h e371 operation of the state grand jury system established in this part."372 SECTION 2.373 This Act shall become effective on January 1, 2027, provided th at a constitutional374 amendment is passed by the General Assembly and ratified by the voters of this state in the375 2026 November general election. Otherwise, this Act shall be repealed by operation of law376 on such date.377 SECTION 3.378 All laws and parts of laws in conflict with this Act are repealed.379 - 16 -