SB604: SB604 Crimes and Offenses; the Attorney General concurrent jurisdiction with district attorneys to conduct criminal prosecutions of violent crimes, illegal immigration offenses, and fentanyl offenses; provide

26 SB 604/CSFA Senate Bill 604 By: Senators Cowsert of the 46th, Dolezal of the 27th and Gooch of the 51st AS PASSED SENATE A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 18 Title 15 of the Official Code of Georgia Annotated,1 relating to general provisions regarding prosecuting attorneys, so as to give the Attorney2 General, in certain circumstances, the option of being appointed in the place of a disqualified3 district attorney prior to any other potential appointee; to amend Chapter 1 of Title 16 of the4 Official Code of Georgia Annotated, relating to general provisi ons regarding crimes and5 offenses, so as to allow for a district attorney to request the assistance of the Attorney6 General in the prosecution of certain offenses and violations; to provide for related matters;7 to provide for an effective date and applicability; to repeal c onflicting laws; and for other8 purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Article 1 of Chapter 18 Title 15 of the Official Code of Georgi a Annotated, relating to12 general provisions regarding prosecuting attorneys, is amended in Code Section 15-18-5,13 relating to appointment of substitute for absent or disqualified district attorney, by revising14 subsection (a) as follows:15 S. B. 604 - 1 - 26 SB 604/CSFA "(a) When a district attorney's office is disqualified from interest or relationship to engage16 in a prosecution, the district attorney shall notify the executive director of the Prosecuting17 Attorneys' Council of the State of Georgia of the disqualificat ion. Upon receipt of such18 notification, the executive director of the Prosecuting Attorne ys' Council of the State of19 Georgia shall:20 (1) Request the services of and thereafter appoint a district attorney, a solicitor-general,21 a retired prosecuting attorney as provided in Code Section 15-1 8-30, or an attorney22 employed by the Department of Law; provided, however, that, except in the event of the23 voluntary recusal of a district attorney for any offense or violation provided for in Code24 Section 16-1-13, the executive director shall first notify the Attorney General of the25 disqualification of a district attorney and shall give the Atto rney General the option of26 having the Attorney General or an attorney employed by the Depa rtment of Law27 appointed to engage in a prosecution prior to any other attorney provided for in this Code28 section;29 (2) Designate an attorney from the Prosecuting Attorneys' Coun cil of the State of30 Georgia; or31 (3) Appoint a competent attorney to act as district attorney pro tempore in place of the32 district attorney."33 SECTION 2.34 Chapter 1 of Title 16 of the Official Code of Georgia Annotated , relating to general35 provisions regarding crimes and offenses, is amended by adding a new Code section to read36 as follows:37 "16-1-13.38 Notwithstanding any other provision of this title to the contra ry, a district attorney may39 request the assistance of the Attorney General in the prosecution of:40 (1) Murder or felony murder, as defined in Code Section 16-5-1;41 S. B. 604 - 2 - 26 SB 604/CSFA (2) Armed robbery, as defined in Code Section 16-8-41;42 (3) Kidnapping, as defined in Code Section 16-5-40;43 (4) Rape, as defined in Code Section 16-6-1;44 (5) Aggravated child molestation, as defined in subsection (c) of Code Section 16-6-4,45 unless subject to the provisions of paragraph (2) of subsection ( d ) o f C o d e S e c t i o n46 16-6-4;47 (6) Aggravated sodomy, as defined in Code Section 16-6-2;48 (7) Aggravated sexual battery, as defined in Code Section 16-6-22.2;49 (8) Violation of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs,50 marijuana, or methamphetamine and penalties;51 (9) Violation of an offense in Article 5 of Chapter 11 of this title, relating to offenses52 involving illegal aliens; or53 (10) Violation of an offense in Chapter 14 of this title, relating to racketeering influenced54 and corrupt organizations."55 SECTION 3.56 This Act shall become effective upon its approval by the Governor or upon its becoming law57 without such approval and shall apply to all prosecutions initiated on or after such date.58 SECTION 4.59 All laws and parts of laws in conflict with this Act are repealed. 60 S. B. 604 - 3 -