HB 45: Courts; special grand jury impaneling procedures; revise provisions

Under current Georgia law, a special grand jury investigating alleged violations of state law or other matters can be impaneled by a superior court's chief judge on his or her own motion, at the request of the district attorney, or on petition of an elected public official of the county or a municipality within that county. This bill adds a new category of person who can petition for a special grand jury: a state elected official. That means officials elected to statewide or state legislative office, not just local county or city officials, could ask a superior court's chief judge to request that judges impanel a special grand jury to investigate an alleged violation of state law or other matter grand juries can look into. The bill does not change any other part of the special grand jury impaneling process described in O.C.G.A. § 15-12-100.

• Adds state elected officials to the list of people who can petition a superior court's chief judge to impanel a special grand jury.
• Keeps in place the existing ability of the chief judge, the district attorney, and county or municipal elected officials to request a special grand jury.
• Leaves unchanged the scope of what a special grand jury can investigate: alleged violations of Georgia law or other matters subject to grand jury investigation.
• Repeals any other Georgia laws that conflict with this change.

State elected officials, such as statewide officeholders and members of the General Assembly, who would gain a new way to trigger a special grand jury investigation. Superior court chief judges, district attorneys, and county or municipal officials who already have this power are also affected, since they would now share it with a new group.

By widening who can ask for a special grand jury, the bill could make it easier for state-level officials to push for investigations into alleged state law violations or other matters, potentially increasing the number of requests superior court judges must consider.

• Section 1 amends subsection (a) of O.C.G.A. § 15-12-100 to add 'state elected official' to the list of petitioners who can seek a special grand jury.
• Section 1 leaves unchanged the roles of the chief judge, district attorney, and county or municipal elected officials in requesting a special grand jury.
• Section 2 repeals any conflicting laws, a standard clause with no specific new substantive effect.

1. 2025-01-16House Second Readers (Cámara de Representantes)
2. 2025-01-15House First Readers (Cámara de Representantes)
3. 2025-01-14House Hopper (Cámara de Representantes)

• Viola Davis (D, HD-087)Patrocinador principal
• Kim Schofield (D, HD-063)
• Sandra Scott (D, HD-076)

• grand juries
• courts
• state officials
• criminal investigations