Constitution of the State of Georgia

Article III. LEGISLATIVE BRANCH · Article III. LEGISLATIVE BRANCH · Section IV. ORGANIZATION AND PROCEDURE OF THE GENERAL ASSEMBLY

Art. III, Sec. IV, Para. IX. Privilege of members.

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

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The members of both houses shall be free from arrest during sessions of the General Assembly, or committee meetings thereof, and in going thereto or returning therefrom, except for treason, felony, or breach of the peace. No member shall be liable to answer in any other place for anything spoken in either house or in any committee meeting of either house.

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.

Other notes

1976 Constitution.: Art. III, Sec. V, Para. XII.
Similarity to U.S. Constitution.: This paragraph is similar to that in the Constitution of the United States in regard to Senators and Representatives in the Congress (U.S. Const., art. I, sec. VI, para. I). Village of N. Atlanta v. Cook, 219 Ga. 316, 133 S.E.2d 585 (1963).
Speeding violations.: A member of the Georgia General Assembly is not immune from arrest and prosecution for speeding violations, or any other criminal offense, by virtue of Ga. Const. 1983, Art. III, Sec. IV, Para. IX. 1985 Op. Att’y Gen. No. U85-50.
Am. Jur. 2d.: 5 Am. Jur. 2d, Arrest, § 103 et seq.
C.J.S.: 81A C.J.S., States, § 99.
ALR.: Immunity of public officer from criminal arrest, 1 ALR 1156. Service of a subpoena as an arrest within constitutional or statutory immunity of members of legislature or others from arrest, 79 ALR 1214. Governmental control of actions or speech of public officers or employees in respect of matters outside the actual performance of their duties, 163 ALR 1358. Defamation: nature and extent of privilege accorded public statements, relating to subject of legislative business or concern, made by member of state or local legislature or council outside of formal proceedings, 41 ALR4th 1116.

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

Text read from 2ga-const-(v2)-2016-pdf.pdf, Volume V2, 2016 edition, pages 821 to 822; merge action: annotated; file SHA-256 1b27199d8655.