Bill Text: GA SB352 | 2011-2012 | Regular Session | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Prosecuting Attorneys; provide; probate courts, municipal courts, and courts exercising municipal court jurisdiction; process of such employment
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-04-11 - Effective Date [SB352 Detail]
Download: Georgia-2011-SB352-Enrolled.html
Bill Title: Prosecuting Attorneys; provide; probate courts, municipal courts, and courts exercising municipal court jurisdiction; process of such employment
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-04-11 - Effective Date [SB352 Detail]
Download: Georgia-2011-SB352-Enrolled.html
12 LC 29
5249ERS
The House Committee on Judiciary Non-civil offers the following substitute to SB
352:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating
to prosecuting attorneys, so as to authorize district attorneys and
solicitors-general to bring actions to enforce Code Section 40-6-163, relating
to vehicles overtaking school buses; to provide for an acting solicitor-general
of a state court in the event of the death or resignation of a
solicitor-general; to provide for prosecuting attorneys in municipal courts, and
courts exercising municipal court jurisdiction; to provide for the appointment,
compensation, oath of office, duties, and authority of such prosecuting
attorneys; to authorize the appointment of staff; to amend Chapter 32 of Title
36 of the Official Code of Georgia Annotated, relating to municipal courts, so
as to provide for jurisdiction in transactions in drug objects in violation of
Code Section 16-13-32; to provide for disposition of fines and the transfer of
cases; to provide for related matters; to provide for an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
18 of Title 15 of the Official Code of Georgia Annotated, relating to
prosecuting attorneys, is amended by revising paragraph (5) of Code Section
15-18-6, relating to the duties of district attorneys, as follows:
"(5)
To prosecute
civil actions
to enforce any civil penalty set forth in Code Section 40-6-163 and to
prosecute or defend any
other
civil action in the prosecution or defense of which the state is interested,
unless otherwise specially provided for;"
SECTION
2.
Said
chapter is further amended by revising paragraph (4) of subsection (b) of Code
Section 15-18-66, relating to duties of solicitors-general of state courts, as
follows:
"(4)
When
authorized by law,
To prosecute
civil actions to enforce any civil penalty set forth in Code Section 40-6-163
and when authorized by law to prosecute or
defend any civil action in the state court in the prosecution or defense of
which the state is interested, unless otherwise specially provided
for;"
SECTION
3.
Said
chapter is further amended by adding a new Code section to read as
follows:
"15-18-70.1.
(a)
Upon the death or resignation of a solicitor-general, the chief assistant
solicitor-general or, if there is no chief assistant solicitor-general, the
assistant solicitor-general senior in time of service shall perform the duties
of the deceased or resigned solicitor-general until such official's successor is
appointed or elected and qualified. An assistant solicitor-general performing
the duties of a deceased or resigned solicitor-general shall be compensated as
provided for acting solicitor-generals in subsection (b) of Code Section
15-18-70.
(b)
If there is no assistant solicitor-general available to perform the duties of
the deceased or resigned solicitor-general as provided in subsection (a) of this
Code section, the presiding judge may request the assistance of the district
attorney of the judicial circuit in which such county is located or another
solicitor-general of a state court to prosecute cases until a solicitor-general
is appointed or elected and qualified as provided by subsection (b) of Code
Section 15-18-60. Any such district attorney or solicitor-general who is acting
pursuant to this subsection shall be reimbursed by the county governing
authority for actual expenses incurred while assisting in the state court
pursuant to this
subsection."
SECTION
4.
Said
chapter is further amended by adding a new article to read as
follows:
"ARTICLE
5
15-18-90.
The
provisions of this article shall apply to a municipality authorized by the
provisions of Article 1 of Chapter 32 of Title 36 to establish and maintain a
municipal court, including a municipality for which a county is furnishing
municipal court services pursuant to a contract authorized by Article 9 of
Chapter 10 of this title.
15-18-91.
(a)
Subject to the provisions of this article, the governing authority of a
municipality shall be authorized to create the office of prosecuting attorney of
the municipal court. A copy of the resolution or ordinance creating the office
of prosecuting attorney of the municipal court shall be provided to the
Prosecuting Attorneys' Council of the State of Georgia.
(b)
Unless provided by the charter of such municipality or other local law, the
prosecuting attorney of a municipal court shall be appointed by the governing
authority of such municipality in the same manner as is the city attorney or, if
there is no city attorney, the city manager. It shall be the duty of the
municipal court clerk to notify the Prosecuting Attorneys' Council of the State
of Georgia of the name of any person appointed to be the prosecuting attorney of
a municipal court within 30 days of such appointment.
(c)
Unless otherwise provided by the charter of such municipality or other local
law, the prosecuting attorney of the municipal court shall serve a term of
office to be determined by the governing authority of such
municipality.
(d)
The governing authority of a municipality shall also be authorized to contract
with the district attorney of the judicial circuit in which such municipality is
located or the solicitor-general of the state court of the county in which such
municipality is located for such officer to perform the duties of the
prosecuting attorney in such municipal court. Any district attorney or
solicitor-general entering into any such contract may assign such other members
of his or her staff to prosecute in the municipal court.
15-18-92.
(a)
Any person appointed as the prosecuting attorney of a municipal court shall be a
member in good standing of the State Bar of Georgia and admitted to practice
before the appellate courts of this state.
(b)
Notwithstanding the provisions of subsection (a) of Code Section 15-18-21 or
subsection (b) of 15-18-72, an assistant district attorney or assistant
solicitor-general may be appointed as the prosecuting attorney of a municipal
court with the prior written consent of the district attorney or
solicitor-general who employs such assistant district attorney or assistant
solicitor-general. Such consent may be withdrawn at any time by the employing
district attorney or solicitor-general. Notice that consent for such
appointment is being withdrawn shall be done in writing to the governing
authority of such municipality not less than 30 days prior to the day that such
assistant district attorney or assistant solicitor-general shall cease to serve
as the prosecuting attorney of a municipal court.
15-18-93.
In
addition to the oaths prescribed by Chapter 3 of Title 45, relating to official
oaths, the prosecuting attorney of a municipal court shall take and subscribe to
the following oath: 'I swear (or affirm) that I will well, faithfully, and
impartially and without fear, favor, or affection discharge my duties as
prosecuting attorney of the (City) (Town) of (here state the
municipality).'
15-18-94.
(a)
Unless otherwise provided by local law, the governing authority of the
municipality shall determine whether the prosecuting attorney of a municipal
court shall be a full-time or part-time prosecuting attorney.
(b)
Any full-time prosecuting attorney of a municipal court and any full-time
employees of the prosecuting attorney of a municipal court shall not engage in
the private practice of law.
(c)
Any part-time prosecuting attorney of a municipal court and any part-time
assistant prosecuting attorney of a municipal court may engage in the private
practice of law, but shall not practice in the municipal court or appear in any
matter in which that prosecuting attorney has exercised
jurisdiction.
15-18-95.
If
the prosecuting attorney of a municipal court is disqualified from engaging in
the prosecution of a particular case or is unable to perform the duties of said
office due to illness or incapacity, the governing authority shall provide for
the appointment of a substitute prosecuting attorney.
15-18-96.
(a)
The prosecuting attorney of a municipal court shall have the duty and authority
to represent the municipality:
(1)
In the municipal court:
(A)
In the prosecution of any violation of the laws or ordinances of such
municipality which is within the jurisdiction of such municipal court and
punishable by confinement or a fine or both or by a civil penalty authorized by
Code Section 40-6-163; and
(B)
In the prosecution of any violation of state laws which by general law municipal
courts have been granted jurisdiction to try and dispose of such offenses,
specifically including those offenses described in Chapter 32 of Title 36 and
Code Section 40-13-21;
(2)
In the appeal of any case prosecuted in the municipal court to the superior
court or the appellate courts of this state;
(3)
In any case in which the defendant was convicted in the municipal court and is
challenging such conviction through habeas corpus;
(4)
To attend each session of the state court when municipal ordinance cases are to
be heard unless excused by the judge thereof and to remain until the business of
the municipality is disposed of;
(5)
To administer the oaths required by law to the bailiffs or other officers of the
court and otherwise to aid the presiding judge in organizing the court as may be
necessary; and
(6)
To perform such other duties as are or may be required by law or ordinance or
which necessarily appertain to such prosecuting attorney's office.
(b)
The prosecuting attorney of a municipal court shall have the authority
to:
(1)
File, amend, and prosecute any citation, accusation, summons, or other form of
charging instrument authorized by law for use in the municipal
court;
(2)
Dismiss, amend, or enter a nolle prosequi on any accusation, citation, or
summons filed in the municipal court as provided by law, except that the
prosecuting attorney of a municipal court shall not have the authority to
dismiss or enter a nolle prosequi in any case in which the accused is charged
with a violation of state law other than one which the municipal court has
jurisdiction to try and dispose of such offense without the consent of the
proper prosecuting officer having jurisdiction to try and dispose of such
offense. As used in this paragraph, the term 'proper prosecuting officer'
means, in the case of felonies, the district attorney and, in the case of
misdemeanors, the solicitor-general in counties where there is a state court, or
in counties where there is no solicitor-general, the district
attorney;
(3)
Reduce to judgment any fine, forfeiture, or restitution imposed by the municipal
court as part of a sentence in an ordinance case or forfeiture of a recognizance
which is not paid in accordance with the order of the court. A prosecuting
attorney of a municipal court may institute such civil action in the courts of
this state or of the United States or any of the several states to enforce such
judgment against the property of the defendant; and
(4)
Request and utilize the assistance of any other municipal prosecutor,
solicitor-general, assistant solicitor-general, district attorney, assistant
district attorney, or other attorney employed by an agency of this state or its
political subdivisions or authorities in the prosecution of any criminal
action.
(c)
The provisions of this Code section shall not be deemed to restrict, limit, or
diminish any authority or power of the district attorney or any
solicitor-general to represent this state in any criminal case in which the
accused is charged with a felony or misdemeanor, when the municipal court is
acting as a court of inquiry pursuant to Article 2 of Chapter 7 of Title 17 or
setting bail for any such offense, other than one which the municipal court has,
by law, jurisdiction to try and dispose of.
15-18-97.
The
prosecuting attorney of a municipal court shall be compensated by the
municipality as provided by local law or, in the absence of such local law, as
provided by the governing authority of such municipality. The prosecuting
attorney of a municipal court shall be entitled to be reimbursed for actual
expenses incurred in the performance of his or her official duties in the same
manner and rate as other municipal employees.
15-18-98.
The
prosecuting attorney of a municipal court may employ such additional assistant
prosecuting attorneys and other employees or independent contractors as may be
provided for by local law or as may be authorized by the governing authority of
the municipality. The prosecuting attorney of a municipal court shall define the
duties and fix the title of any attorney or other employee of the prosecuting
attorney's office. Personnel employed pursuant to this Code section shall be
compensated by the municipality.
15-18-99.
Any
assistant prosecuting attorney or other attorney at law employed by the
prosecuting attorney of a municipal court shall be a member in good standing of
the State Bar of Georgia, shall serve at the pleasure of the prosecuting
attorney, and shall have such authority, powers, and duties as may be assigned
by the prosecuting attorney of the municipal
court."
SECTION
5.
Chapter
32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal
courts, is amended by adding a new Code section to read as follows:
"36-32-6.1.
(a)
The municipal court of any municipality shall be granted jurisdiction to try and
dispose of cases where a person is charged with transactions in drug related
objects in violation of Code Section 16-13-32 if the offense occurred within the
corporate limits of such municipality. The jurisdiction of any such court shall
be concurrent with the jurisdiction of any other courts within the county having
jurisdiction to try and dispose of such cases.
(b)
Any fines arising from the prosecution of such cases shall be retained by the
municipality and shall be paid into the treasury of such
municipality.
(c)
Any defendant charged with transactions in drug related objects in violation of
Code Section 16-13-32 in a municipal court shall be entitled, upon request, to
have the case against him or her transferred to the court having general
misdemeanor jurisdiction in the county where the alleged offense
occurred.
(d)
Nothing in this Code section shall be construed to give any municipality the
right to impose a fine or punish by imprisonment in excess of the limits as set
forth in the municipality's
charter."
SECTION
6.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.