24 LC 57 0015
House Bill 1349
By: Representatives Taylor of the 173
rd
, Hitchens of the 161
st
, Greene of the 154
th
, and
Reeves of the 99
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to the
1
Attorney General, so to authorize and direct the appointment of a special prosecutor subject2
to certain criteria; to provide for definitions; to provide for duties and funding for a special3
prosecutor; to establish a special prosecution division; to provide for related matters; to4
repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to the Attorney8
General, is amended by adding a new article to read as follows:9
"ARTICLE 2A
10
45-15-40.11
As used in this article, the term:12
(1) 'Prosecuting attorney' means the local elected prosecutor nominally responsible for13
overseeing the filing and prosecuting of criminal charges with the prosecuting district.14
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(2) 'Prosecuting district' means a judicial district, comprising applicable subdivisions,15
which has primary jurisdiction over criminal proceedings for offenses committed within16
the political subdivisions therein.17
45-15-41.18
(a) The Governor, with the concurrence of the Attorney General, is authorized and directed19
to appoint one or more special prosecutors for investigating and prosecuting offenses in20
each prosecuting district in which the homicide rate over the two previous consecutive21
calendar years exceeds twice the total homicide rate of this state and subject to the22
provisions of Code Section 45-15-42.23
(b) Each special prosecutor appointed pursuant to this article shall be duly admitted and24
licensed to practice law in this state and shall not be currently serving as a prosecuting25
attorney. No special prosecutor shall be required to be a current resident in the prosecuting26
district to which the special prosecutor is appointed.27
(c) Each special prosecutor may be appointed for a term of up to five years.28
(d) An appointment of a special prosecutor may be renewed at the end of the special29
prosecutor's term; provided, however, that the conditions of subsection (a) of this Code30
section are met.31
45-15-42.32
(a) A special prosecutor appointed pursuant to this article shall investigate and prosecute33
cases involving the following offenses:34
(1) Murder as defined in Code Section 16-5-1;35
(2) Murder in the second degree as defined in Code Section 16-5-1;36
(3) Aggravated assault as defined in Code Section 16-5-21;37
(4) Hijacking a motor vehicle in the first degree as defined in Code Section 16-5-44.1;38
(5) Hijacking a motor vehicle in the second degree as defined in Code Section 16-5-44.1;39
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(6) Robbery as defined in Code Section 16-8-40;40
(7) Armed robbery as defined in Code Section 16-8-41;41
(8) Any felony weapons offense in violation of Article 4 of Chapter 11 of Title 16; and42
(9) Manufacturing, delivering, distributing, dispensing, administering, selling, or43
possessing with intent to distribute any controlled substance in violation of Code Section44
16-13-30.45
(b) A special prosecutor shall have all of the powers, duties, and responsibilities granted46
to the prosecuting attorney in the prosecuting district to which he or she is appointed for47
all offenses provided in subsection (a) of this Code section.48
(c) In the event an offense listed in subsection (a) of this Code section leads to criminal49
charges for which a special prosecutor has jurisdiction and such prosecutor elects not to50
commence criminal proceedings, the prosecuting attorney may then commence such51
proceedings.52
(d) In the event an offense listed in subsection (a) of this Code section leads to criminal53
charges for which a special prosecutor has jurisdiction and such prosecutor has initiated54
criminal proceedings for such offense, the special prosecutor shall also have jurisdiction55
over all other charges associated with the same criminal transaction.56
(e) After a special prosecutor has filed criminal charges in a case for which he or she has57
jurisdiction, such prosecutor shall continue to have jurisdiction over the entire criminal58
case.59
45-15-43.60
(a) The Attorney General shall establish salaries and effect promotions of any special61
prosecutor appointed pursuant to this article and subject to existing appropriations. The62
Attorney General may employ additional special prosecutors, investigators,63
paraprofessionals, clerical assistants, victim and witness assistance personnel, and other64
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employees or independent contractors as deemed necessary; provided, however, that the65
total number of full-time employees does not exceed 15 at any given time.66
(b) The office of the prosecuting attorney in a prosecuting district for which a special67
prosecutor is appointed shall fully reimburse the Department of Law for all funds expended68
by the department under such appointment.69
(c) In the event a prosecuting attorney's office refuses to reimburse the Department of Law70
as required by subsection (b) of this Code section, the state shall withhold all such amounts71
due from future appropriations to the prosecuting attorney's office or the prosecuting72
district.73
45-15-44.74
(a) The Department of Law shall establish a special prosecution division. To address75
matters relating to certain serious or violent crimes, such division shall establish within76
itself a prosecution unit to provide critical assistance to prosecuting attorneys.77
(b) Upon the request of a prosecuting attorney, the special prosecution division may78
provide assistance in the prosecution of any crime as provided in subsection (c) of this79
Code section, including participation by an assistant attorney general as an assistant80
prosecutor when so appointed by the prosecuting attorney for a term not to exceed three81
years.82
(c) The special prosecution division established pursuant to this Code section shall be83
limited to providing assistance in cases involving the offenses listed in Code Section84
45-15-42 and any lesser included offenses arising out of the same criminal transaction."85
SECTION 2.86
All laws and parts of laws in conflict with this Act are repealed.87
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