Bill Text: GA HR75 | 2009-2010 | Regular Session | Introduced
Bill Title: State-wide grand juries; jurisdiction, powers, and duties; provide - CA
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-01-16 - House Second Readers [HR75 Detail]
Download: Georgia-2009-HR75-Introduced.html
09 LC 28
4399
House
Resolution 75
By:
Representative Scott of the
153rd
A
RESOLUTION
Proposing
an amendment to the Constitution so as to provide for state-wide grand juries;
to provide for the jurisdiction, powers, and duties of state-wide grand juries;
to authorize the General Assembly to provide by law for procedures for the
summoning and empaneling of state-wide grand juries; to provide for a presiding
judge; to provide that the Attorney General or his or her designee shall act as
the legal adviser and prosecutor for such state-wide grand juries; to provide
for the submission of this amendment for ratification or rejection; and for
other purposes.
BE
IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
VI of the Constitution is amended by adding at the end thereof a new Section XI
to read as follows:
"SECTION
XI.
STATE-WIDE GRAND JURIES
STATE-WIDE GRAND JURIES
Paragraph
I.
State-wide
grand juries.
(a) State-wide grand juries shall be summoned and empaneled upon petition of
the Attorney General to the Supreme Court under procedures provided by
law.
(b)
A state-wide grand jury shall consist of not fewer than 13 nor more than 23
persons. The jurisdiction of a state-wide grand jury shall extend throughout
the state, and it may investigate and return indictments for crimes committed
anywhere within the state. The term of any such state-wide grand jury shall not
exceed 12 months.
(c)
The Chief Justice of the Supreme Court shall designate a superior court judge to
act as presiding judge for each state-wide grand jury. Upon designation by the
Chief Justice, the presiding judge shall summon and empanel a state-wide grand
jury in accordance with procedures provided by law.
(d)
The Attorney General or his or her designee shall act as legal adviser to any
state-wide grand jury. The Attorney General, in his or her discretion, may
designate any member of his or her staff or any district attorney to provide
legal advice, counsel, or assistance to a state-wide grand jury.
(e)
The subject matter jurisdiction of state-wide grand juries shall extend to the
investigation and indictment of persons and other legal entities for any crime
involving corruption in the executive, legislative, or judicial branch of the
state, any political subdivision or municipality of the state, or any authority
or instrumentality of the state, a political subdivision, or municipality; fraud
by a vendor or recipient of goods or services for which funding has been
provided by the Department of Medical Assistance; any violation of the election
laws of this state; violation of the oath of a public officer; bribery; false
statements, representations, or writings concerning matters within the
jurisdiction of state and local governments; conspiracy to defraud the state or
any political subdivision or municipality thereof; and any other criminal
activity for which the Governor has directed the Attorney General to petition
the Supreme Court for the empaneling of a state-wide grand jury.
(f)
It shall not be necessary for a proposed bill of indictment to be presented to a
state-wide grand jury prior to its engaging in investigative activities. The
attendance of witnesses and the production of documents at such investigations
may be compelled by subpoena, signed by any official authorized by the
state-wide grand jury to issue such
process."
SECTION
2.
The
above proposed amendment to the Constitution shall be published and submitted as
provided in Article X, Section I, Paragraph II of the Constitution. The ballot
submitting the above proposed amendment shall have written or printed thereon
the following:
"( ) YES
( ) NO
|
Shall
the Constitution of Georgia be amended so as to provide for state-wide grand
juries which shall have the authority to investigate and indict for crimes
committed anywhere in the state, including those committed by public officials;
to provide for the types of offenses which may be investigated and acted upon by
such state-wide grand juries; to provide for a presiding judge; to provide
authority for the Attorney General or his or her designee to act as legal
adviser and to prosecute any indictments rendered by such state-wide grand
juries; and to further authorize the General Assembly to establish by law
procedures for the summoning and empaneling of such state-wide grand
jurors?"
|
All
persons desiring to vote in favor of ratifying the proposed amendment shall vote
"Yes." All persons desiring to vote against ratifying the proposed amendment
shall vote "No." If such amendment shall be ratified as provided in said
Paragraph of the Constitution, it shall become a part of the Constitution of
this state.