GA
Georgia House Bill HB231

Georgia 2023-2024 Regular Session

Georgia House Bill HB231 Compare Versions

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1-24 LC 56 0203S
2-The Senate Committee on Judiciary offered the following
3-substitute to HB 231:
1+23 LC 48 0907S
2+H. B. 231 (SUB)
3+- 1 -
4+House Bill 231 (COMMITTEE SUBSTITUTE)
5+By: Representatives Gullett of the 19
6+th
7+, Gaines of the 120
8+th
9+, Jones of the 47
10+th
11+, Gunter of the
12+8
13+th
14+, Petrea of the 166
15+th
16+, and others
417 A BILL TO BE ENTITLED
518 AN ACT
6-To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure,1
7-so as to provide for requirements for bail hearings to consider on the record the impact of2
8-lawful presence in the United States; to amend Title 42 of the Official Code of Georgia3
9-Annotated, relating to penal institutions, so as to require sheriffs, jailers, and deputies to4
10-honor immigration detainer requests; to provide for sheriffs, jailers, and deputies to inquire5
11-into the existence of an immigration detainer request in certain circumstances; to provide for6
12-definitions; to provide for related matters; to provide for an effective date; to repeal7
13-conflicting laws; and for other purposes.8
14-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
15-SECTION 1.10
16-Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is11
17-amended in Article 1 of Chapter 6, relating to general provisions for bonds and12
18-recognizances, in Code Section 17-6-1, relating to when offenses bailable, procedure,13
19-schedule of bails, and appeal bonds, by revising subsection (e) as follows:14
20-"(e)(1) A court shall be authorized to release a person on bail if the court finds, and15
21-articulates on the record, that the person:16
22-- 1 - 24 LC 56 0203S
23-(A) Poses no significant risk of fleeing from the jurisdiction of the court or failing to17
24-appear in court when required;18
25-(B) Poses no significant threat or danger to any person, to the community, or to any19
26-property in the community;20
27-(C) Poses no significant risk of committing any felony pending trial; and21
28-(D) Poses no significant risk of intimidating witnesses or otherwise obstructing the22
29-administration of justice.23
30-(2) When determining bail, as soon as possible, the court shall consider and articulate on24
31-the record:25
32-(A) The accused's financial resources and other assets, including whether any such26
33-assets are jointly controlled;27
34-(B) The accused's earnings and other income;28
35-(C) The accused's financial obligations, including obligations to dependents;29
36-(D) The impact of the accused's 'lawful presence' or status as an 'illegal alien,' as those30
37-terms are defined in subsection (a) of Code Section 42-4-14, on the bail factors31
38-enumerated in paragraph (1) of this subsection;32
39-(E) The purpose of bail; and33
40-(E)(F) Any other factor the court deems appropriate.34
41-(3) If the person is charged with a serious violent felony and has already been convicted35
42-of a serious violent felony, or of an offense under the laws of any other state or of the36
43-United States which offense if committed in this state would be a serious violent felony,37
44-there shall be a rebuttable presumption that no condition or combination of conditions38
45-will reasonably assure the appearance of the person as required or assure the safety of any39
46-other person or the community. As used in this subsection, the term 'serious violent40
47-felony' means a serious violent felony as defined in Code Section 17-10-6.1.41
48-(4) A bond set for any offense by an elected judge, an appointed judge filling the42
49-vacancy of an elected judge, or judge sitting by designation that purports a dollar amount43
50-- 2 - 24 LC 56 0203S
51-shall be executed in the full-face amount of such bond through secured means as provided44
52-for in Code Section 17-6-4 or 17-6-50 or shall be executed by use of property as approved45
53-by the sheriff in the county where the offense was committed.46
54-(5) Notwithstanding any other provision of law, nothing in this Code section shall47
55-prohibit a duly sworn sheriff from releasing an inmate from custody in cases of medical48
56-emergency with the consent of the judge in the county in which he or she presides."49
57-SECTION 2.50
58-Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended51
59-by revising Code Section 42-4-14, relating to "illegal alien" defined and determination of52
60-nationality and verification of lawful admission of person confined in a jail facility, as53
61-follows:54
62-"42-4-14.55
63-(a) As used in this Code section, the term:56
64-(1) 'Illegal 'illegal alien' means a person who is verified by the federal government to be57
65-present in the United States in violation of the federal immigration law Immigration and58
66-Nationality Act.59
67-(2) 'Immigration detainer request' means a notice that the United States Department of60
68-Homeland Security issues to federal, state, and local law enforcement agencies to inform61
69-those agencies that United States Immigration and Customs Enforcement intends to62
70-assume custody of an individual detained by those agencies once that individual is no63
71-longer subject to the arresting agency's detention. Such term may include a request for64
72-information about an individual's impending release and may also include a request for65
73-federal, state, or local law enforcement agencies to maintain custody of an illegal alien66
74-who would otherwise be released for a period not to exceed 48 hours so as to provide67
75-time for United States Immigration and Customs Enforcement to assume custody after68
76-its preliminary assessment of deportability.69
77-- 3 - 24 LC 56 0203S
78-(3) 'Lawful presence' means a person who is authorized by the federal government to be70
79-present in the United States.71
80-To the extent any definition in this subsection conflicts with federal law, such definition72
81-shall be construed to have the same meaning as provided under federal immigration law.73
82-(b) When any person is confined, for any period, in the jail of a county or municipality or74
83-a jail operated by a regional jail authority in compliance with Article 36 of the Vienna75
84-Convention on Consular Relations, a reasonable effort shall be made to determine the76
85-nationality of the person so confined.77
86-(c) Except as provided in subsection (d) of this Code section, a sheriff, jailer, or deputy78
87-shall inquire of each individual taken into custody their immigration status. When there79
88-is a reasonable basis to believe, based on the facts presented to such sheriff, jailer, or80
89-deputy, that said individual is an illegal alien or is in the country without authorization,81
90-such sheriff, jailer, or deputy shall query the relevant federal data base within 24 hours of82
91-booking to discover whether there exists an immigration detainer request for said83
92-individual. When any foreign national is confined, for any period, in a county or municipal84
93-jail, a reasonable effort shall be made to verify that such foreign national has been lawfully85
94-admitted to the United States and if lawfully admitted, that such lawful status has not86
95-expired. If verification of lawful status cannot be made from documents in the possession87
96-of the foreign national, verification shall be made within 48 hours through a query to the88
97-Law Enforcement Support Center (LESC) of the United States Department of Homeland89
98-Security or other office or agency designated by the federal government. If the foreign90
99-national is determined to be an illegal alien, the keeper of the jail or other officer shall91
100-notify the United States Department of Homeland Security, or other office or agency92
101-designated for notification by the federal government.93
102-(d) A sheriff, jailer, or deputy shall not be required to perform a duty imposed by94
103-subsection (b) or (c) of this Code section with respect to an individual who has provided95
104-verified proof that he or she is a citizen or national of the United States or otherwise is96
105-- 4 - 24 LC 56 0203S
106-authorized by the federal government to be present in the United States. Such proof may97
107-include, but shall not be limited to:98
108-(1) A driver's license or identification card issued pursuant to Chapter 5 of Title 40; or 99
109-(2) Government issued identification issued by the federal government or another state.100
110-(e) All sheriffs, jailers, and deputies having custody of an individual who is the subject of101
111-an immigration detainer request shall:102
112-(1) As soon as practicable after the commencement of such custody, notify such103
113-individual that United States Immigration and Customs Enforcement intends to assume104
114-custody of him or her after being otherwise released from custody by the federal, state,105
115-or local law enforcement agency that initially detained him or her; and106
116-(2) Maintain custody of the individual subject to the immigration detainer request for a107
117-period not to exceed 48 hours beyond the time when the individual would have otherwise108
118-been released from custody by the federal, state, or local law enforcement agency that109
119-initially detained him or her.110
120-(d)(f) Nothing in this Code section shall be construed to deny a person bond or from being111
121-released from confinement when such person is otherwise eligible for release; provided,112
122-however, that upon verification that any person confined in a jail is an illegal alien, such113
123-person may be detained, arrested, and transported as authorized by state and federal law.114
124-(e)(g) The Georgia Sheriffs Association shall prepare and issue guidelines and procedures115
125-used to comply with the provisions of this Code section.116
126-(h) The provisions of this Code section shall be implemented in a manner consistent with117
127-federal laws governing immigration and civil rights."118
128-SECTION 3.119
129-This Act shall become effective upon its approval by the Governor or upon its becoming law120
130-without such approval.121
131-- 5 - 24 LC 56 0203S
132-SECTION 4.122
133-All laws and parts of laws in conflict with this Act are repealed.123
19+To amend Title 15 of the Official Code of Georgia Annotated, relating to general provisions
20+1
21+regarding prosecuting attorneys, so as to provide for the duty to examine every case for2
22+probable cause; create the Prosecuting Attorneys Oversight Commission; to provide for3
23+definitions; to provide for the powers, composition, appointment, and confirmation of such4
24+commission; to provide for commission members' terms, vacancies, and removals; to provide5
25+for procedures and confidentiality; to amend Chapter 4 of Title 21 of the Official Code of6
26+Georgia Annotated, relating to recall of public officers, so as to revise provisions relating to7
27+grounds for recall of district attorneys of judicial circuits and solicitors-general of state8
28+courts; to provide for related matters; to provide for effective dates; to repeal conflicting9
29+laws; and for other purposes.10
30+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
31+SECTION 1.12
32+Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, is13
33+amended by revising Code Section 15-18-6, relating to duties of district attorney, as follows:14
34+"15-18-6.15
35+The duties of the district attorneys within their respective circuits are:16 23 LC 48 0907S
36+H. B. 231 (SUB)
37+- 2 -
38+(1) To attend each session of the superior courts unless excused by the judge thereof and
39+17
40+to remain until the business of the state is disposed of;18
41+(2) To attend on the grand juries, advise them in relation to matters of law, and swear and19
42+examine witnesses before them;20
43+(3) To administer the oaths the laws require to the grand and trial jurors and to the21
44+bailiffs or other officers of the court and otherwise to aid the presiding judge in22
45+organizing the courts as he may require;23
46+(4) To review every individual case for which probable cause for prosecution exists, and
47+24
48+make a prosecutorial decision available under the law based on the facts and25
49+circumstances of each individual case under oath of duty as provided in Code Section26
50+15-18-2;27
51+(4)(5) To draw up all indictments or presentments, when requested by the grand jury, and28
52+to prosecute all indictable offenses;29
53+(5)(6) To prosecute civil actions to enforce any civil penalty set forth in Code Section30
54+40-6-163 and to prosecute or defend any other civil action in the prosecution or defense31
55+of which the state is interested, unless otherwise specially provided for;32
56+(6)(7) To attend before the appellate courts when any criminal case emanating from their33
57+respective circuits is tried, to argue the same, and to perform any other duty therein which34
58+the interest of the state may require;35
59+(7)(8) To advise law enforcement officers concerning the sufficiency of evidence,36
60+warrants, and similar matters relating to the investigation and prosecution of criminal37
61+offenses;38
62+(8)(9) To collect all money due the state in the hands of any escheators and to pay it over39
63+to the educational fund, if necessary, compelling payment by rule or order of court or40
64+other legal means;41
65+(9)(10) To collect all claims of the state which they may be ordered to collect by the state42
66+revenue commissioner and to remit the same within 30 days after collection; and on43 23 LC 48 0907S
67+H. B. 231 (SUB)
68+- 3 -
69+October 1 of every year to report to the state revenue commissioner the condition of the
70+44
71+claims in their hands in favor of the state, particularly specifying:45
72+(A) The amounts collected and paid, from what sources received and for what46
73+purposes, and to whom paid;47
74+(B) What claims are unpaid and why;48
75+(C) What judgments have been obtained, when, and in what court; and49
76+(D) What actions are instituted, in what courts, and their present progress and future50
77+prospects;51
78+(10)
79+(11) To ensure disposition information is submitted in accordance with subsection52
80+(g) of Code Section 35-3-36 when a final disposition decision is made by a district53
81+attorney;54
82+(11)(12) To assist victims and witnesses of crimes through the complexities of the55
83+criminal justice system and ensure that the victims of crimes are apprised of the rights56
84+afforded them under the law; and57
85+(12)(13) To perform such other duties as are or may be required by law or which58
86+necessarily appertain to their office."59
87+SECTION 2.60
88+Said title is amended by adding a new Code section to read as follows:61
89+"15-18-32.62
90+(a) Pursuant to Article VI, Section VIII, Paragraph II of the Constitution of Georgia in63
91+reference to district attorneys and Article 3 of this chapter in reference to solicitors-general64
92+of state courts, there is hereby created the Prosecuting Attorneys Oversight Commission,65
93+which shall have the power to discipline, remove, and cause involuntary retirement of66
94+appointed or elected district attorneys or solicitors-general in accordance with such67
95+Paragraph. As used in this Code section, the term 'commission' means the Prosecuting68
96+Attorneys Oversight Commission.69 23 LC 48 0907S
97+H. B. 231 (SUB)
98+- 4 -
99+(b) The commission shall consist of eight members.70
100+(c)(1) The commission shall be divided into a five-member investigative panel and a71
101+three-member hearing panel.72
102+(2) The investigative panel shall be responsible for:73
103+(A) The investigative, prosecutorial, and administrative functions of the commission;74
104+(B) Investigation of alleged conduct constituting grounds for discipline under75
105+subsection (h) of this Code section;76
106+(C) The selection of an individual to serve as the director of the commission who shall77
107+be an active status member of the State Bar of Georgia and who shall not engage in the78
108+practice of law, other than to represent the commission; and79
109+(D) Authorization of employment of such additional staff as the commission deems80
110+necessary to carry out the powers assigned to the commission.81
111+(3) The hearing panel shall be responsible for:82
112+(A) Adjudicating formal charges filed by the investigative panel;83
113+(B) Issuing disciplinary and incapacity orders;84
114+(C) Issuing formal advisory opinions on its own initiative or on the recommendation85
115+of the investigative panel regarding the grounds for discipline set forth under86
116+subsection (h) of this Code section; and87
117+(D) Issuing standards on its own initiative or on the recommendation of the88
118+investigative panel. Any such standards shall elaborate, define, or provide context for89
119+the grounds for discipline as set forth in subsection (h) of this Code section.90
120+(d)(1) As used in this subsection, the term:91
121+(A) 'Attorney' means a lawyer who has been an active status member of the State Bar92
122+of Georgia for at least ten years and is a registered voter in this state.93
123+(B) 'Citizen' means an individual who is neither an attorney nor a judge and who is a94
124+registered voter in this state.95 23 LC 48 0907S
125+H. B. 231 (SUB)
126+- 5 -
127+(C) 'Judge' means an elected or appointed public official who presides over a court of96
128+record.97
129+(2) The Prosecuting Attorneys' Council may recommend to the respective appointing98
130+authorities a list of the names of individuals for consideration to serve as attorney99
131+commission members.100
132+(3)(A) The five members of the commission's investigative panel shall be appointed101
133+by the Georgia Supreme Court.102
134+(B) The investigative panel members shall annually elect a chairperson and vice103
135+chairperson for such panel.104
136+(4) The three members of the commission's hearing panel shall be appointed by the105
137+Georgia Supreme Court.106
138+(5) All members shall be appointed by October 1, 2023, and their initial terms shall begin107
139+on January 1, 2024; provided, however, that the initial term of a member under this108
140+paragraph shall not be construed as counting toward the limit of two full terms of service109
141+as provided for under paragraph (6) of this subsection.110
142+(6) A commission member shall be eligible to serve so long as he or she retains his or111
143+her status as an attorney, citizen, or district attorney, but a vacancy shall be created by112
144+operation of law when he or she no longer has the designation for which he or she was113
145+appointed. Any vacancy for a member shall be filled by the appointing authority, and114
146+such appointee shall serve the balance of the vacating member's unexpired term;115
147+provided, however, that, if the appointing authority fails to fill a vacancy within 60 days116
148+of being notified of such vacancy by the commission, the Georgia Supreme Court shall117
149+appoint a replacement member from the same category of member. Any member of the118
150+commission shall serve no more than two full terms.119
151+(e) Members and staff of the hearing panel shall not engage in any ex parte120
152+communications regarding a disciplinary or incapacity matter of a district attorney or121
153+solicitor-general, including with members and staff of the investigative panel.122 23 LC 48 0907S
154+H. B. 231 (SUB)
134155 - 6 -
156+(f)(1) Each member of the commission shall be entitled to vote on any matter coming123
157+before his or her respective panel unless otherwise provided by rules adopted by the124
158+commission concerning recusal. The chairperson of the investigative panel and the125
159+presiding officer of the hearing panel shall retain a vote on all matters except those in126
160+which such chairperson or presiding officer has been recused. No commission member127
161+present at a panel meeting shall abstain from voting unless he or she is recused. The rules128
162+of the commission shall establish grounds for recusal and the process for allowing a129
163+temporary replacement of a commission member in such circumstance.130
164+(2)(A) As used in this paragraph, the term 'for cause' shall include indictment for or131
165+conviction of a felony or any offense involving moral turpitude; misconduct,132
166+malpractice, malfeasance, misfeasance, nonfeasance, or incapacity; failure to attend133
167+three or more panel meetings or hearings in a one-year period without good and134
168+sufficient reason; or abstaining from voting, unless recused.135
169+(B) Removal of a panel member for cause shall be by a unanimous vote of all members136
170+of the commission; provided, however, that the panel member who is the subject of the137
171+vote shall not vote.138
172+(3) A quorum of the investigative panel shall require any three members of such panel.139
173+(4)(A) Members of the commission shall serve without compensation but shall receive140
174+the same daily expense allowance as members of the General Assembly receive, as set141
175+forth in Code Section 28-1-8, for each day such member is in physical attendance at a142
176+panel meeting or hearing, plus either reimbursement for actual transportation costs143
177+while traveling by public transportation or the same mileage allowance for use of a144
178+personal motor vehicle in connection with such attendance as members of the General145
179+Assembly receive.146
180+(B) Notwithstanding subparagraph (A) of this paragraph, no member shall receive such147
181+expense allowance or travel reimbursement if he or she is entitled to receive an expense148 23 LC 48 0907S
182+H. B. 231 (SUB)
183+- 7 -
184+allowance, travel reimbursement, or salary for performance of duties as a state149
185+employee.150
186+(C) Expense allowances and travel reimbursements shall be paid from moneys151
187+appropriated or otherwise available to the commission.152
188+(g) The commission, with the assistance of the Prosecuting Attorneys' Council of the State153
189+of Georgia, shall promulgate standards of conduct and rules for the commission's154
190+governance which will comport with due process and enforce the provisions of subsections155
191+(h) and (i) of this Code section; provided, however, that such standards and rules shall be156
192+effective only upon review and adoption by the Supreme Court. Such standards and rules157
193+shall allow for a full investigation of a district attorney or solicitor-general only upon158
194+majority vote of the investigative panel. When a commission member receives information159
195+relating to the conduct of a district attorney or solicitor-general, such member shall provide160
196+such information to the commission's director for appropriate action. Any standards of161
197+conduct adopted shall be in aid of the judiciary in the performance of its functions and shall162
198+function jointly with the Georgia Rules of Professional Conduct of the State Bar of163
199+Georgia. The standards of conduct shall include a list of actions that will be grounds for164
200+discipline of a district attorney or solicitor-general or for his or her removal or involuntary165
201+retirement from office.166
202+(h) The following shall be grounds for discipline of a district attorney or solicitor-general167
203+or for his or her removal or involuntary retirement from office:168
204+(1) Mental or physical incapacity interfering with the performance of his or her duties169
205+which is, or is likely to become, permanent;170
206+(2) Willful misconduct in office;171
207+(3) Willful and persistent failure to perform his or her duties as provided by Code172
208+Sections 15-18-6 and 15-18-66;173
209+(4) Conviction of a crime involving moral turpitude;174 23 LC 48 0907S
210+H. B. 231 (SUB)
211+- 8 -
212+(5) Conduct prejudicial to the administration of justice which brings the office into175
213+disrepute;176
214+(6) Intentionally instructing, authorizing, or permitting an assistant district attorney or177
215+assistant solicitor-general or any other staff member to commit any act constituting178
216+grounds for removal under paragraphs (1) through (5) of this subsection; or179
217+(7) Violation of the Georgia Rules of Professional Conduct of the State Bar of Georgia,180
218+including, but not limited to, Rule 3.8 of the Georgia Rules of Professional Conduct of181
219+the State Bar of Georgia regarding special responsibilities of a prosecutor.182
220+(i)(1) In any complaint filed with the commission alleging a violation of subsection (h)183
221+and requesting an investigation of an elected or appointed district attorney or184
222+solicitor-general, the complainant shall be required to file with the commission a sworn185
223+affidavit detailing the personal knowledge of the facts supporting the complaint,186
224+including any interest the complainant may have in the outcome of the case. The187
225+complainant may attach documents to support the complaint. Nothing in this Code188
226+section shall be construed to limit the ability of the commission to bring a complaint189
227+pursuant to this Code section on its own motion.190
228+(2) The commission may not entertain a complaint on the basis of a charging decision,191
229+plea offer, opposition to or grant of a continuance, placement of a case on a trial calendar,192
230+or recommendation regarding bond unless the affidavits and any documents attached to193
231+the complaint show it is likely that the district attorney or solicitor-general made or194
232+knowingly authorized the decision based on:195
233+(A) Undue bias;196
234+(B) An undisclosed financial interest in the outcome of the prosecution;197
235+(C) An undisclosed conflict of interest, including where the district attorney or198
236+solicitor-general are related by consanguinity or affinity to any party interested in the199
237+result of the case or matter within the third degree as computed according to the civil200
238+law;201 23 LC 48 0907S
239+H. B. 231 (SUB)
240+- 9 -
241+(D) Factors that are completely unrelated to the duties of prosecution; or202
242+(E) A stated policy, written or otherwise, which demonstrates that the district attorney203
243+or solicitor-general categorically refuses to prosecute any offense or offenses of which204
244+he or she is required by law to prosecute.205
245+(j)(1) All information regarding a disciplinary or incapacity matter of a district attorney206
246+or solicitor-general shall be kept confidential by the investigative panel and commission207
247+staff before formal charges are filed; provided, however, that, if prior to filing formal208
248+charges such district attorney or solicitor general and investigative panel agree to a209
249+satisfactory disposition of a disciplinary matter other than by a private admonition or210
250+deferred discipline agreement, a report of such disposition shall be publicly filed in the211
251+Supreme Court.212
252+(2) After the filing and service of formal charges:213
253+(A) With respect to an incapacity matter of a district attorney or solicitor-general, all214
254+pleadings, information, hearings, and proceedings shall remain confidential; and215
255+(B) With respect to a disciplinary matter of a district attorney or solicitor-general, all216
256+pleadings and information shall be subject to disclosure to the public, and all hearings217
257+and proceedings shall be open and available to the public, except to the extent that such218
258+pleadings and information or hearings and proceedings could be properly sealed or219
259+closed under Chapter 14 or Article 4 of Chapter 18 of Title 50 or by a court as provided220
260+by law.221
261+(3) With respect to administrative and other matters, all records and information shall be222
262+subject to disclosure to the public, and all meetings, or portions thereof, shall be open and223
263+available to the public, except to the extent that such records, information, and meetings224
264+would:225
265+(A) Disclose disciplinary matters of a district attorney or solicitor-general protected in226
266+paragraph (1) of this subsection;227 23 LC 48 0907S
267+H. B. 231 (SUB)
268+- 10 -
269+(B) Disclose incapacity matters of a district attorney or solicitor-general protected in228
270+paragraph (1) or subparagraph (A) of paragraph (2) of this subsection;229
271+(C) Be considered a matter subject to executive session, if the commission were230
272+considered to be an agency under Chapter 14 of Title 50; or231
273+(D) Not be required to be publicly disclosed under Code Section 50-18-72, if the232
274+commission were considered to be an agency under Article 4 of Chapter 18 of Title 50.233
275+(4) The work product of the commission and its staff and the deliberations of the234
276+commission shall remain confidential.235
277+(k) Notwithstanding subsection (j) of this Code section, information regarding a236
278+disciplinary or incapacity matter of a district attorney or solicitor-general may be disclosed237
279+or the confidentiality of such information may be removed when:238
280+(1) The privilege of confidentiality has been waived by the individual who was the239
281+subject of the commission's investigation; or240
282+(2) The commission's rules provide for disclosure:241
283+(A) In the interest of justice and to protect the public;242
284+(B) If an emergency situation exists; or243
285+(C) If a district attorney or solicitor-general is under consideration for another state or244
286+federal position.245
287+(l) Information submitted to the commission or its staff, and testimony given in any246
288+proceeding before the commission or one of its panels, shall be absolutely privileged, and247
289+no civil action predicated upon such information or testimony shall be instituted against248
290+any complainant, witness, or his or her counsel.249
291+(m) A respondent who is subjected to public reprimand, censure, limitation on the250
292+performance of prosecutorial duties, suspension, retirement, or removal shall be entitled251
293+to a copy of the proposed record to be filed with the Supreme Court and, if the respondent252
294+has objections to it, to have the record settled by the hearing panel's presiding officer. The253 23 LC 48 0907S
295+H. B. 231 (SUB)
296+- 11 -
297+hearing panel's order in a disciplinary or incapacity matter shall be reviewed by the254
298+Supreme Court in accordance with its rules and the rules of the commission.255
299+(n) The commission shall commence by October 1, 2023, and the rules and regulations256
300+promulgated by such commission shall be established no later than April 1, 2024. No257
301+complaint shall be filed before April 1, 2024.258
302+(o) The authority of the commission shall be limited to incapacity or discipline regarding259
303+the conduct of a district attorney or solicitor-general as a holder of such office. Nothing260
304+in this Code section shall be construed as diminishing the authority of the Supreme Court261
305+or the State Bar of Georgia to regulate the practice of law in this state.262
306+(p)In the event that a district attorney or solicitor-general is removed or involuntarily263
307+retired pursuant to this Code section, such individual shall be disqualified from being264
308+appointed or elected to the office of district attorney of any judicial circuit or the office of265
309+solicitor-general of any county of this state for a period of ten years from the date of such266
310+removal or involuntary retirement."267
311+SECTION 3.268
312+Said title is further amended by revising paragraph (1) of subsection (b) of Code Section269
313+15-18-66, relating to duties and authority regarding solicitors-general, as follows:270
314+"(1) To review every individual case for which probable cause for prosecution exists, and271
315+make a prosecutorial decision available under the law based on the facts and272
316+circumstances of each individual case under oath of duty as provided in Code Section273
317+15-18-2, and, if necessary, investigate all criminal cases which may be prosecuted in state274
318+court;"275
319+SECTION 4.276
320+Chapter 4 of Title 21 of the Official Code of Georgia Annotated, relating to recall of public277
321+officers, is amended by revising paragraph (7) of Code Section 21-4-3, relating to definitions,278
322+as follows:279 23 LC 48 0907S
323+H. B. 231 (SUB)
324+- 12 -
325+"(7) 'Grounds for recall' means:
326+280
327+(A) That the official has, while holding public office, conducted himself or herself in281
328+a manner which relates to and adversely affects the administration of his or her office282
329+and adversely affects the rights and interests of the public; and283
330+(B) That the official: 284
331+(i) Has committed an act or acts of malfeasance while in office;285
332+(ii) Has violated his or her oath of office; 286
333+(iii) Has committed an act of misconduct in office; 287
334+(iv) Is guilty of a failure to perform duties prescribed by law; or288
335+(v) Has willfully misused, converted, or misappropriated, without authority, public289
336+property or public funds entrusted to or associated with the elective office to which290
337+the official has been elected or appointed. 291
338+Discretionary performance of a lawful act or a prescribed duty shall not constitute a292
339+ground for recall of an elected public official; provided, however, that a judicial circuit
340+293
341+district attorney's failure to perform the duties provided for in Code Section 15-18-6 or294
342+a state court solicitor-general's failure to perform the duties provided for in Code Section295
343+15-18-66 shall constitute grounds for a recall of such elected official."296
344+SECTION 5.297
345+This Act shall become effective for purposes of appointing members of the commission upon298
346+the approval of this Act by the Governor or upon its becoming law without such approval.299
347+SECTION 6.300
348+All laws and parts of laws in conflict with this Act are repealed.301