Official Code of Georgia Annotated

Title 51. TORTS · Chapter 7. FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION · Article 3. MALICIOUS PROSECUTION

51-7-46. Immunity of grand jurors from action for malicious prosecution; liability of person instigating presentment.

Active

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

(a)
No member of a grand jury shall be subject to an action for malicious prosecution based upon a presentment made by the grand jury.#
(b)
If a presentment is made at the instigation of a third person, from malice on his part and without probable cause, he shall be liable to an action for malicious prosecution just as if he were named as prosecutor.#

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, § 2927; Code 1868, § 2934; Code 1873, § 2985; Code 1882, § 2985; Civil Code 1895, § 3846; Civil Code 1910, § 4442; Code 1933, § 105-807.

Cross references

Grand juries generally, § 15-12-60 et seq.

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 t51-(v39)-2017-pdf.pdf, Volume V39, 2017 edition, page 704; merge action: carried; file SHA-256 bc30a40687b2.