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Official Code of Georgia Annotated

Title 15. COURTS · Chapter 12. JURIES · Article 4. GRAND JURIES · Part 1. GENERAL PROVISIONS

15-12-60. Qualifications of grand jurors; impact of ineligibility.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Any citizen of this state 18 years of age or older who has resided in the county for at least six months preceding the time of service shall be eligible and liable to serve as a grand juror.#

  2. (b)

    Any 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 service as a grand juror shall not be eligible to serve as a grand juror.#

  3. (c)

    The following individuals shall not be eligible to serve as a grand juror:#

    1. (1)

      Any individual who has been convicted of a felony in a state or federal court who has not had his or her civil rights restored;#

    2. (2)

      Any individual who has been judicially determined to be mentally incompetent;#

    3. (3)

      Any individual 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;#

    4. (4)

      Any individual sentenced for a felony offense pursuant to Code Section 16-13-2 who has not completed the terms of his or her sentence;#

    5. (5)

      Any individual 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#

    6. (6)

      Any individual who is 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.#

  4. (d)

    If an indictment is returned, and a grand juror was ineligible to serve as a grand juror pursuant to subsection (c) of this Code section, such indictment shall not be quashed solely as a result of such ineligibility.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 3821; Code 1868, § 3841; Code 1873, § 3906; Code 1882, § 3906; Ga. L. 1887, p. 53, § 1; Penal Code 1895, § 811; Penal Code 1910, § 811; Code 1933, § 59-201; Ga. L. 1953, Nov.-Dec. Sess., p. 284, § 3; Ga. L. 1973, p. 726, § 1; Ga. L. 1976, p. 438, § 6; Ga. L. 1977, p. 341, § 1; Ga. L. 1982, p. 779, §§ 1, 2; Ga. L. 1983, p. 3, § 12; Ga. L. 2011, p. 59, § 1-26/HB 415; Ga. L. 2012, p. 173, § 3-3/HB 665; Ga. L. 2015, p. 693, § 1A-1/HB 233; Ga. L. 2018, p. 1112, § 15/SB 365.

Amendments

The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, substituted “Article 4 of Chapter 3 of Title 42” for “Article 5 of Chapter 8 of Title 42” in the middle of paragraph (c)(3).

Law reviews

For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t15-ch12-25-(v13a)-pdf.pdf, Volume V13A, 2015 edition, 2025 supplement, pages 11 to 12; merge action: replaced; file SHA-256 0e20c65a2dee.