HB 742 - Grand juries; district attorney's office; inspection

Georgia House of Representatives - 1995/1996 Sessions

HB 742 - Grand juries; district attorney's office; inspection

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1. Cox  160th

House Comm: Judy / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 2/15/95 Read 1st Time 2/16/95 Read 2nd Time 2/28/95 Favorably Reported Sub Committee Amend/Sub 3/17/95 Recommitted ---------------------------------------- Code Sections amended: 15-12-71
HB 742 LC 22 1687S The House Judiciary Committee offers the following substitute to HB 742: A BILL TO BE ENTITLED AN ACT 1- 1 To amend Chapter 12 of Title 15 of the Official Code of 1- 2 Georgia Annotated, relating to juries, so as to change the 1- 3 oath of grand jurors; to provide that if the offices of the 1- 4 district attorney are in a county other than the county in 1- 5 which the grand jury is empaneled, inspection of such 1- 6 offices shall be optional; to repeal conflicting laws; and 1- 7 for other purposes. 1- 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1- 9 Chapter 12 of Title 15 of the Official Code of Georgia 1-10 Annotated, relating to juries, is amended by striking in its 1-11 entirety subsection (b) of Code Section 15-12-67, relating 1-12 to the selection of a foreperson and oath of the foreperson 1-13 and grand jurors, and inserting in lieu thereof the 1-14 following: 1-15 "(b) The following oath shall be administered to the 1-16 foreperson and to each member of the grand jury: 1-17 'You, as foreperson (or member) of the grand jury 1-18 for the County of ________, shall diligently 1-19 inquire and true presentment make of all such 1-20 matters and things as shall be given you in the 1-21 court's charge or shall come to your knowledge 1-22 touching the present service; the prosecuting 1-23 attorney and members of the grand jury shall keep 1-24 secret anything occurring in the grand jury room 1-25 and you shall keep the deliberations of the grand 1-26 jury secret unless called upon to give evidence 1-27 thereof in some court of law in this state. You 1-28 shall present no one from envy, hatred, or malice, 1-29 nor shall you leave anyone unpresented from fear, 1-30 favor, affection, reward, or the hope thereof, but 1-31 you shall present all things truly and as they 1-32 come to your knowledge. So help you God.'" -1- (Index) LC 22 1687S 2- 1 SECTION 2. 2- 2 Said chapter is further amended in Code Section 2- 3 15-12-71, relating to the duties of grand juries, by 2- 4 striking in its entirety paragraph (1) of subsection (b) 2- 5 and inserting in lieu thereof the following: 2- 6 "(b)(1) The grand jury shall at least once in each 2- 7 calendar year inspect the condition and operations 2- 8 of the county jail. The grand jury shall at least 2- 9 once in every three calendar years inspect and 2-10 examine the offices and operations of the clerk of 2-11 superior court, the district attorney, the judge of 2-12 the probate court, and the county treasurer or 2-13 county depository. If the office of the district 2-14 attorney is located in the county in which the grand 2-15 jury is empaneled, the grand jury shall inspect and 2-16 examine the offices of the district attorney at 2-17 least once in every three calendar years. If the 2-18 offices of the district attorney are located in a 2-19 county other than the county in which the grand jury 2-20 is empaneled, the grand jury may inspect the offices 2-21 of the district attorney as the grand jury deems 2-22 necessary or desirable." 2-23 SECTION 3. 2-24 All laws and parts of laws in conflict with this Act are 2-25 repealed. -2- (Index)

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