Georgia 2023-2024 Regular Session

Georgia House Bill HB1349 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	24 LC 57 0015
2	2	House Bill 1349
3	3	By: Representatives Taylor of the 173
4	4	rd
5	5	, Hitchens of the 161
6	6	st
7	7	, Greene of the 154
8	8	th
9	9	, and
10	10	Reeves of the 99
11	11	th
12	12
13	13	A BILL TO BE ENTITLED
14	14	AN ACT
15	15	To amend Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to the
16	16	1
17	17	Attorney General, so to authorize and direct the appointment of a special prosecutor subject2
18	18	to certain criteria; to provide for definitions; to provide for duties and funding for a special3
19	19	prosecutor; to establish a special prosecution division; to provide for related matters; to4
20	20	repeal conflicting laws; and for other purposes.5
21	21	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
22	22	SECTION 1.7
23	23	Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to the Attorney8
24	24	General, is amended by adding a new article to read as follows:9
25	25	"ARTICLE 2A
26	26	10
27	27	45-15-40.11
28	28	As used in this article, the term:12
29	29	(1) 'Prosecuting attorney' means the local elected prosecutor nominally responsible for13
30	30	overseeing the filing and prosecuting of criminal charges with the prosecuting district.14
31	31	H. B. 1349
32	32	- 1 - 24 LC 57 0015
33	33	(2) 'Prosecuting district' means a judicial district, comprising applicable subdivisions,15
34	34	which has primary jurisdiction over criminal proceedings for offenses committed within16
35	35	the political subdivisions therein.17
36	36	45-15-41.18
37	37	(a) The Governor, with the concurrence of the Attorney General, is authorized and directed19
38	38	to appoint one or more special prosecutors for investigating and prosecuting offenses in20
39	39	each prosecuting district in which the homicide rate over the two previous consecutive21
40	40	calendar years exceeds twice the total homicide rate of this state and subject to the22
41	41	provisions of Code Section 45-15-42.23
42	42	(b) Each special prosecutor appointed pursuant to this article shall be duly admitted and24
43	43	licensed to practice law in this state and shall not be currently serving as a prosecuting25
44	44	attorney. No special prosecutor shall be required to be a current resident in the prosecuting26
45	45	district to which the special prosecutor is appointed.27
46	46	(c) Each special prosecutor may be appointed for a term of up to five years.28
47	47	(d) An appointment of a special prosecutor may be renewed at the end of the special29
48	48	prosecutor's term; provided, however, that the conditions of subsection (a) of this Code30
49	49	section are met.31
50	50	45-15-42.32
51	51	(a) A special prosecutor appointed pursuant to this article shall investigate and prosecute33
52	52	cases involving the following offenses:34
53	53	(1) Murder as defined in Code Section 16-5-1;35
54	54	(2) Murder in the second degree as defined in Code Section 16-5-1;36
55	55	(3) Aggravated assault as defined in Code Section 16-5-21;37
56	56	(4) Hijacking a motor vehicle in the first degree as defined in Code Section 16-5-44.1;38
57	57	(5) Hijacking a motor vehicle in the second degree as defined in Code Section 16-5-44.1;39
58	58	H. B. 1349
59	59	- 2 - 24 LC 57 0015
60	60	(6) Robbery as defined in Code Section 16-8-40;40
61	61	(7) Armed robbery as defined in Code Section 16-8-41;41
62	62	(8) Any felony weapons offense in violation of Article 4 of Chapter 11 of Title 16; and42
63	63	(9) Manufacturing, delivering, distributing, dispensing, administering, selling, or43
64	64	possessing with intent to distribute any controlled substance in violation of Code Section44
65	65	16-13-30.45
66	66	(b) A special prosecutor shall have all of the powers, duties, and responsibilities granted46
67	67	to the prosecuting attorney in the prosecuting district to which he or she is appointed for47
68	68	all offenses provided in subsection (a) of this Code section.48
69	69	(c) In the event an offense listed in subsection (a) of this Code section leads to criminal49
70	70	charges for which a special prosecutor has jurisdiction and such prosecutor elects not to50
71	71	commence criminal proceedings, the prosecuting attorney may then commence such51
72	72	proceedings.52
73	73	(d) In the event an offense listed in subsection (a) of this Code section leads to criminal53
74	74	charges for which a special prosecutor has jurisdiction and such prosecutor has initiated54
75	75	criminal proceedings for such offense, the special prosecutor shall also have jurisdiction55
76	76	over all other charges associated with the same criminal transaction.56
77	77	(e) After a special prosecutor has filed criminal charges in a case for which he or she has57
78	78	jurisdiction, such prosecutor shall continue to have jurisdiction over the entire criminal58
79	79	case.59
80	80	45-15-43.60
81	81	(a) The Attorney General shall establish salaries and effect promotions of any special61
82	82	prosecutor appointed pursuant to this article and subject to existing appropriations. The62
83	83	Attorney General may employ additional special prosecutors, investigators,63
84	84	paraprofessionals, clerical assistants, victim and witness assistance personnel, and other64
85	85	H. B. 1349
86	86	- 3 - 24 LC 57 0015
87	87	employees or independent contractors as deemed necessary; provided, however, that the65
88	88	total number of full-time employees does not exceed 15 at any given time.66
89	89	(b) The office of the prosecuting attorney in a prosecuting district for which a special67
90	90	prosecutor is appointed shall fully reimburse the Department of Law for all funds expended68
91	91	by the department under such appointment.69
92	92	(c) In the event a prosecuting attorney's office refuses to reimburse the Department of Law70
93	93	as required by subsection (b) of this Code section, the state shall withhold all such amounts71
94	94	due from future appropriations to the prosecuting attorney's office or the prosecuting72
95	95	district.73
96	96	45-15-44.74
97	97	(a) The Department of Law shall establish a special prosecution division. To address75
98	98	matters relating to certain serious or violent crimes, such division shall establish within76
99	99	itself a prosecution unit to provide critical assistance to prosecuting attorneys.77
100	100	(b) Upon the request of a prosecuting attorney, the special prosecution division may78
101	101	provide assistance in the prosecution of any crime as provided in subsection (c) of this79
102	102	Code section, including participation by an assistant attorney general as an assistant80
103	103	prosecutor when so appointed by the prosecuting attorney for a term not to exceed three81
104	104	years.82
105	105	(c) The special prosecution division established pursuant to this Code section shall be83
106	106	limited to providing assistance in cases involving the offenses listed in Code Section84
107	107	45-15-42 and any lesser included offenses arising out of the same criminal transaction."85
108	108	SECTION 2.86
109	109	All laws and parts of laws in conflict with this Act are repealed.87
110	110	H. B. 1349
111	111	- 4 -