Georgia 2023-2024 Regular Session

Georgia House Bill HB229 Compare Versions

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

Old	New	Differences
1	1	23 LC 47 2116
2	2	H. B. 229
3	3	- 1 -
4	4	House Bill 229
5	5	By: Representatives Gaines of the 120
6	6	th
7	7	, Gullett of the 19
8	8	th
9	9	, Wiedower of the 121
10	10	st
11	11	, Hilton of
12	12	the 48
13	13	th
14	14	, Petrea of the 166
15	15	th
16	16	, and others
17	17	A BILL TO BE ENTITLED
18	18	AN ACT
19	19	To amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to
20	20	1
21	21	prosecuting attorneys, so as to provide for the duty to examine every case for probable cause;2
22	22	to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, relating to recall3
23	23	of public officers, so as to revise provisions relating to grounds for recall of district attorneys4
24	24	of judicial circuits and solicitors-general of state courts; to revise the number of electors5
25	25	needed to demand recall of a district attorney of a judicial circuit or solicitor-general of a6
26	26	state court; to revise the number of official sponsors necessary for a recall of a district7
27	27	attorney of a judicial circuit or solicitor-general of a state court; to provide for related8
28	28	matters; to repeal conflicting laws; and for other purposes.9
29	29	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
30	30	SECTION 1.11
31	31	Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting12
32	32	attorneys, is amended by revising Code Section 15-18-6, relating to duties of district attorney,13
33	33	as follows:14
34	34	"15-18-6.15
35	35	The duties of the district attorneys within their respective circuits are:16 23 LC 47 2116
36	36	H. B. 229
37	37	- 2 -
38	38	(1) To attend each session of the superior courts unless excused by the judge thereof and
39	39	17
40	40	to remain until the business of the state is disposed of;18
41	41	(2) To attend on the grand juries, advise them in relation to matters of law, and swear and19
42	42	examine witnesses before them;20
43	43	(3) To administer the oaths the laws require to the grand and trial jurors and to the bailiffs21
44	44	or other officers of the court and otherwise to aid the presiding judge in organizing the22
45	45	courts as he may require;23
46	46	(4) To review every individual case for which probable cause for prosecution exists, and
47	47	24
48	48	make a prosecutorial decision available under the law based on the facts and25
49	49	circumstances of each individual case under oath of duty as provided in Code Section26
50	50	15-18-2;27
51	51	(4)(5) To draw up all indictments or presentments, when requested by the grand jury, and28
52	52	to prosecute all indictable offenses;29
53	53	(5)(6) To prosecute civil actions to enforce any civil penalty set forth in Code Section30
54	54	40-6-163 and to prosecute or defend any other civil action in the prosecution or defense31
55	55	of which the state is interested, unless otherwise specially provided for;32
56	56	(6)(7) To attend before the appellate courts when any criminal case emanating from their33
57	57	respective circuits is tried, to argue the same, and to perform any other duty therein which34
58	58	the interest of the state may require;35
59	59	(7)(8) To advise law enforcement officers concerning the sufficiency of evidence,36
60	60	warrants, and similar matters relating to the investigation and prosecution of criminal37
61	61	offenses;38
62	62	(8)(9) To collect all money due the state in the hands of any escheators and to pay it over39
63	63	to the educational fund, if necessary, compelling payment by rule or order of court or40
64	64	other legal means;41
65	65	(9)(10) To collect all claims of the state which they may be ordered to collect by the state42
66	66	revenue commissioner and to remit the same within 30 days after collection; and on43 23 LC 47 2116
67	67	H. B. 229
68	68	- 3 -
69	69	October 1 of every year to report to the state revenue commissioner the condition of the
70	70	44
71	71	claims in their hands in favor of the state, particularly specifying:45
72	72	(A) The amounts collected and paid, from what sources received and for what46
73	73	purposes, and to whom paid;47
74	74	(B) What claims are unpaid and why;48
75	75	(C) What judgments have been obtained, when, and in what court; and49
76	76	(D) What actions are instituted, in what courts, and their present progress and future50
77	77	prospects;51
78	78	(10)
79	79	(11) To ensure disposition information is submitted in accordance with subsection (g)52
80	80	of Code Section 35-3-36 when a final disposition decision is made by a district attorney;53
81	81	(11)(12) To assist victims and witnesses of crimes through the complexities of the54
82	82	criminal justice system and ensure that the victims of crimes are apprised of the rights55
83	83	afforded them under the law; and56
84	84	(12)(13) To perform such other duties as are or may be required by law or which57
85	85	necessarily appertain to their office."58
86	86	SECTION 2.59
87	87	Said chapter is further amended by revising paragraph (1) of subsection (b) of Code Section60
88	88	15-18-66, relating to duties and authority regarding solicitors-general, as follows:61
89	89	"(1) To review every individual case for which probable cause for prosecution exists, and62
90	90	make a prosecutorial decision available under the law based on the facts and63
91	91	circumstances of each individual case under oath of duty as provided in Code Section64
92	92	15-18-2, and, if necessary, investigate all criminal cases which may be prosecuted in state65
93	93	court;"66 23 LC 47 2116
94	94	H. B. 229
95	95	- 4 -
96	96	SECTION 3.
97	97	67
98	98	Chapter 4 of Title 21 of the Official Code of Georgia Annotated, relating to recall of public68
99	99	officers, is amended by revising paragraph (7) of Code Section 21-4-3, relating to definitions,69
100	100	as follows:70
101	101	"(7) 'Grounds for recall' means: 71
102	102	(A) That the official has, while holding public office, conducted himself or herself in72
103	103	a manner which relates to and adversely affects the administration of his or her office73
104	104	and adversely affects the rights and interests of the public; and74
105	105	(B) That the official: 75
106	106	(i) Has committed an act or acts of malfeasance while in office;76
107	107	(ii) Has violated his or her oath of office; 77
108	108	(iii) Has committed an act of misconduct in office; 78
109	109	(iv) Is guilty of a failure to perform duties prescribed by law; or79
110	110	(v) Has willfully misused, converted, or misappropriated, without authority, public80
111	111	property or public funds entrusted to or associated with the elective office to which81
112	112	the official has been elected or appointed. 82
113	113	Discretionary performance of a lawful act or a prescribed duty shall not constitute a83
114	114	ground for recall of an elected public official; provided, however, that a judicial circuit
115	115	84
116	116	district attorney's failure to perform the duties provided for in Code Section 15-18-6 or85
117	117	a state court solicitor-general's failure to perform the duties provided for in Code Section86
118	118	15-18-66 shall constitute grounds for a recall of such elected official."87
119	119	SECTION 4.88
120	120	Said chapter is further amended by revising Code Section 21-4-4, relating to officers subject89
121	121	to recall, number of electors needed to demand recall, limitation on number of public officials90
122	122	who may be subjects of a particular recall petition, and grounds for recall, as follows:91 23 LC 47 2116
123	123	H. B. 229
124	124	- 5 -
125	125	"21-4-4.
126	126	92
127	127	(a) Every public official who holds elective office, either by election or by appointment,93
128	128	is subject to recall from office by electors who are registered and qualified to vote in the94
129	129	recall election and who reside in the electoral district from which candidates are elected to95
130	130	that office:96
131	131	(1) In the case of a state officer whose electoral district encompasses the entire state, the97
132	132	number of electors necessary to petition the recall of the officer shall be equal to at98
133	133	least 15 percent of the number of electors who were registered and qualified to vote at the99
134	134	last preceding election for any candidate offering for the office held by the officer. At100
135	135	least one-fifteenth of the number of electors necessary to petition the recall of the officer101
136	136	must reside in each of the United States congressional districts in the state as said102
137	137	congressional districts may now or hereafter exist; or
138	138	103
139	139	(2) In the case of a state officer whose electoral district encompasses only a part of the104
140	140	state or in the case of a local officer, the number of electors necessary to petition the recall105
141	141	of the officer shall be equal to at least 30 percent of the number of electors registered and106
142	142	qualified to vote at the last preceding election for any candidate offering for the office107
143	143	held by the officer; or108
144	144	(3) In the case of a district attorney of a judicial circuit or the solicitor-general of a state109
145	145	court, the number of electors necessary to petition the recall of the officer shall be equal110
146	146	to at least 2 percent of the number of electors registered and qualified to vote at the last111
147	147	preceding election for any candidate offering for the office held by the officer.112
148	148	(b) No recall petition shall demand the recall of more than one public official.113
149	149	(c) Every public official who holds elective office, either by election or by appointment,114
150	150	is subject to recall on the grounds that such public official has, while holding any public115
151	151	office, conducted himself or herself in a manner which relates to and adversely affects the116
152	152	administration of his or her current office and adversely affects the rights and interests of117 23 LC 47 2116
153	153	H. B. 229
154	154	- 6 -
155	155	the public if one or more additional grounds for recall exist as set forth in subparagraph (B)
156	156	118
157	157	of paragraph (7) of Code Section 21-4-3."119
158	158	SECTION 5.120
159	159	Said chapter is further amended by revising subsection (c) of and adding a new subsection121
160	160	to Code Section 21-4-5, relating to recall petition - application for and time of filing,122
161	161	sponsors, withdrawal of signature, duties of election superintendent, and printing and123
162	162	distribution of recall petition forms by Secretary of State, to read as follows:124
163	163	"(c) The
164	164	Except as provided in subsection (c.1) of this Code section, the number of official125
165	165	sponsors necessary to file an application for a recall petition must be equal in number to at126
166	166	least 100 electors or equal in number to at least 10 percent of the number of electors who127
167	167	were registered to vote at the last preceding election for any of the candidates offering for128
168	168	the office held by the public official sought to be recalled, whichever is smaller.129
169	169	(c.1) For the office of district attorney of a judicial circuit or solicitor-general of a state130
170	170	court, the number of official sponsors necessary to file an application for a recall petition131
171	171	must be least 50 electors who were registered to vote at the last preceding election for any132
172	172	of the candidates offering for the office held by the public official sought to be recalled."133
173	173	SECTION 6.134
174	174	All laws and parts of laws in conflict with this Act are repealed.135