SR875: SR875 State-Wide Grand Juries; jurisdiction, powers, and duties; provide -CA

26 LC 47 4118 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; to1 provide for the jurisdiction, powers, and duties of state-wide grand juries; to authorize the2 General Assembly to provide by law for procedures for the summoning and empaneling of3 state-wide grand juries; to provide for a presiding judge; to provide that the Attorney General4 or his or her designee shall act as the legal adviser and prosecutor for such state-wide grand5 juries; to provide for the submission of this amendment for ratification or rejection; and for6 other purposes.7 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Article VI of the Constitution is amended by adding at the end thereof a new Section XI to10 read as follows:11 S. R. 875 - 1 - 26 LC 47 4118 "SECTION XI.12 STATE-WIDE GRAND JURIES13 Paragraph I. State-wide grand juries. (a) State-wide grand juries shall be summoned14 and empaneled upon petition of the Attorney General to the Supr eme Court under15 procedures provided by law.16 (b) A state-wide grand jury shall consist of not fewer than 13 nor more than 23 persons. 17 The jurisdiction of a state-wide grand jury shall extend throug hout the state, and it may18 investigate and return indictments for crimes committed anywhere within the state. The19 term of any such state-wide grand jury shall not exceed 12 months.20 (c) The Chief Justice of the Supreme Court shall designate a superior court judge to act21 as presiding judge for each state-wide grand jury. Upon designation by the Chief Justice,22 the presiding judge shall summon and empanel a state-wide grand jury in accordance with23 procedures provided by law.24 ( d ) T h e A t t o r n e y G e n e r a l o r h i s o r h e r d e s i g n e e s h a l l a c t a s legal adviser to any25 state-wide grand jury. The Attorney General, in his or her discretion, may designate any26 member of his or her staff or any district attorney to provide legal advice, counsel, or27 assistance to a state-wide grand jury.28 (e) The subject matter jurisdiction of state-wide grand juries shall extend to the29 investigation and indictment of persons or legal entities for a ny crime involving voting,30 elections, or a violation of the election laws of this state and all related crimes.31 (f) It shall not be necessary for a proposed bill of indictmen t to be presented to a32 state-wide grand jury prior to its engaging in investigative ac tivities. The attendance of33 witnesses and the production of documents at such investigation s may be compelled by34 subpoena, signed by any official authorized by the state-wide g rand jury to issue such35 process."36 S. R. 875 - 2 - 26 LC 47 4118 SECTION 2.37 The above proposed amendment to the Constitution shall be publi shed and submitted as38 provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the39 above proposed amendment shall have written or printed thereon the following:40 "( ) YES41 ( ) NO42 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 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." 43 All persons desiring to vote against ratifying the proposed amendment shall vote "No." If44 such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall45 become a part of the Constitution of this state.46 S. R. 875 - 3 -