---
title: Ga. Const. Art. III, Sec. IV, Para. IX. Privilege of members.
collection: code
id: ga-const:art-iii-sec-iv-para-ix
cite_as: Ga. Const. Art. III, Sec. IV, Para. IX
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text_url: https://georgiacommons.org/constitution/ga/art-iii-sec-iv-para-ix/text
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date: 2016
status: active
corpus_version: 2025-supplement-89aa39ab3c68
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CONSTITUTION OF THE / LEGISLATIVE BRANCH / ORGANIZATION AND PROCEDURE OF THE GENERAL ASSEMBLY
---

# Ga. Const. Art. III, Sec. IV, Para. IX. Privilege of members.

A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.

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.

## 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.