07 LC 28
3204
House
Bill 57
By:
Representative Powell of the
29th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating
to general provisions regarding the General Assembly, so as to provide that
committees of the General Assembly shall have the ability to subpoena persons to
testify before such committees and produce documents for examination by the
committees; to provide for procedures for the issuance of such subpoenas; to
provide for the enforcement of such subpoenas; to provide that committees may
swear witnesses who appear before such committees; to provide penalties for
false testimony before such committees; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 28 of the Official Code of Georgia Annotated, relating to general
provisions regarding the General Assembly, is amended by adding a new Code
Section 28-1-18 to read as follows:
"28-1-18.
(a)
The chairperson or acting chairperson of each committee of the Senate and House
of Representatives shall be authorized to administer an oath to persons
testifying before such committee for such person to swear or affirm that such
person shall testify truthfully.
(b)
If any committee of the Senate or House of Representatives determines that the
effective functioning of the committee requires the issuance of compulsory
process to secure the attendance of a witness or the production of documents and
materials, the chairperson or acting chairperson shall make application in
writing to the presiding judge of the Superior Court of Fulton County for the
issuance of an appropriate subpoena. Such application shall:
(1)
Describe in general terms the proceeding for which the issuance of a subpoena is
sought;
(2)
In the case of process to secure the attendance of a witness, identify the
witness; the general nature of the questions to be propounded to the witness;
and the reasons for believing that the testimony of the witness is likely to be
relevant to the proceeding; and
(3)
In the case of process to secure the production of documents and materials,
identify the person to whom the subpoena is to be directed; the general nature
of the documents and materials in question; and the reasons for believing that
such documents and materials are likely to be relevant to the
proceeding.
(c)
The presiding judge shall act on such application within 48 hours after it is
presented to the judge. If the judge finds that the committee is acting within
the scope of the authority granted to it and that the testimony or documents or
materials sought to be elicited appear to be relevant to the proceeding, the
judge may cause an appropriate subpoena to be issued and transmitted to the
chairperson or acting chairperson. If the judge deems it necessary or
appropriate, the judge may hold a closed or open hearing with respect to his or
her determination of this matter.
(d)
In case of refusal to obey a subpoena issued under this Code section to any
person, the Superior Court of Fulton County, upon application by the chairperson
or acting chairperson, may issue to the person an order requiring him or her to
appear before the court to show cause why he or she should not be held in
contempt for refusal to obey the subpoena. Failure to obey a subpoena may be
punished by the court as contempt of court.
(e)
A subpoena issued under this Code section may be served at any place in the
state and in any manner authorized in Code Section 24-10-23. Fees and mileage
shall be paid and tendered as provided in Code Section 24-10-24, notwithstanding
the general exemption of the state from tender of fees and mileage, and shall be
in the form of a check issued by the Legislative Fiscal Office upon the written
request of the chairperson or acting chairperson.
(f)
Any decision of the court under this Code section shall be appealable in the
same manner as provided by law for the appeal of a final judgment in a civil
action.
(g)(1)
A person to whom a lawful oath or affirmation has been administered commits the
offense of false testimony before the General Assembly when, in testifying
before a committee of the Senate or the House of Representatives, such person
knowingly and willfully makes a false statement material to the issue or point
in question.
(2)
A person convicted of the offense of false testimony before the General Assembly
shall be punished by a fine of not more than $1,000.00 or by imprisonment for
not less than one nor more than ten years, or both."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.