Staff Analysis of the Legislation
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HB 37 amends Title 15 of the OCGA by revising Article I of Chapter 18 so as to clarify when the district attorney shall be disqualified, from interest or relationship, to engage in a prosecution. The District Attorney shall be disqualified in matters relating to prosecution of an immediate family member, matters when the district attorney is acting for his or her personal interest, or persons or agencies to whom it is the duty of the district attorney to render advice. The District Attorney is required to notify the Attorney General of the disqualification and the Attorney General must then appoint a district attorney pro tempore. Any matters that are subject to Code Section 17-7-52 or 17-7-70.2, or procedure for indictment of peace officer for crime in performance of duties, the Attorney General shall be required to appoint a competent attorney who has also previously served as Governor, Attorney General, an assistant attorney general, a Justice of the Supreme Court, a United States Attorney General, an assistant United States Attorney General, a United States Attorney, an assistant United States Attorney, or a judge of the United States district courts or courts of appeal. HB 37 provides that if any peace officer uses force in his or her duties and it results in serious injury or death, the District Attorney shall examine the use of force and file accusations relating to any violation of the law in such use of force. If accusations are filed, there shall be a commitment hearing before the judge of the superior court. If the judge makes a finding of probable cause, then the peace officer shall be tried on such accusations according to the same rules of substantive and procedural laws relating to defendants who have been indicted by a grand jury. |
