10 LC
21 0540
Senate
Bill 312
By:
Senator Harbison of the 15th
A
BILL TO BE ENTITLED
AN ACT
To
amend Article 3 of Chapter 7 of Title 17 of the Official Code of Georgia
Annotated, relating to indictments, so as to change provisions relating to the
procedure for indictment of a peace officer for crimes in the performance of his
or her duties; to change provisions relating to the rights of the officer; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating
to indictments, is amended by revising Code Section 17-7-52, relating to the
procedure for indictment of a peace officer for a crime in the performance of
his or her duties, as follows:
"17-7-52.
(a)
Before an indictment against a present or former peace officer charging the
officer with a crime which is alleged to have occurred while he or she was in
the performance of his or her duties is returned by a grand jury, the officer
shall be notified of the contemplated action by the district attorney of the
county wherein the grand jury shall convene and the officer shall be afforded
the rights provided in Code Section
45-11-4;
provided, however, that if the peace officer is charged with any crime involving
the death of another human being, the peace officer shall be subject to cross
examination at an appearance before the grand
jury.
(b)
The requirements of subsection (a) of this Code section shall apply to all
prosecutions, whether for misdemeanors or felonies, and no such prosecution
shall proceed either in state or superior court without a grand jury
indictment."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.