GA Code § 15-12-60 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 12 - Juries|Article 4 - Grand Juries|Part 1 - General Provisions|§ 15-12-60. Qualifications of Grand Jurors; Impact of Ineligibility

  Any citizen of this state 18 years of age or older who has resided in the county for at least six months preceding the time of service shall be eligible and liable to serve as a grand juror.   Any person who holds any elective office in state or local government or who has held any such office within a period of two years preceding the time of service as a grand juror shall not be eligible to serve as a grand juror.   The following individuals shall not be eligible to serve as a grand juror:   Any individual who has been convicted of a felony in a state or federal court who has not had his or her civil rights restored;   Any individual who has been judicially determined to be mentally incompetent;   Any individual charged with a felony offense and who is in a pretrial release program, a pretrial release and diversion program, or a pretrial intervention and diversion program, as provided for in Article 4 of Chapter 18 of Title 15 or Article 4 of Chapter 3 of Title 42 or pursuant to Uniform Superior Court Rule 27, a similar diversion program from another state, or a similar federal court diversion program for a felony offense;   Any individual sentenced for a felony offense pursuant to Code Section 16-13-2 who has not completed the terms of his or her sentence;   Any individual serving a sentence for a felony offense pursuant to Article 3 of Chapter 8 of Title 42 or serving a first offender sentence for a felony offense pursuant to another state's law; and   Any individual who is participating in a drug court division, mental health court division, veterans court division, a similar court program from another state, or a similar federal court program for a felony offense.     If an indictment is returned, and a grand juror was ineligible to serve as a grand juror pursuant to subsection (c) of this Code section, such indictment shall not be quashed solely as a result of such ineligibility.    (Orig. Code 1863, § 3821; Code 1868, § 3841; Code 1873, § 3906; Code 1882, § 3906; Ga. L. 1887, p. 53, § 1; Penal Code 1895, § 811; Penal Code 1910, § 811; Code 1933, § 59-201; Ga. L. 1953, Nov.-Dec. Sess., p. 284, § 3; Ga. L. 1973, p. 726, § 1; Ga. L. 1976, p. 438, § 6; Ga. L. 1977, p. 341, § 1; Ga. L. 1982, p. 779, §§ 1, 2; Ga. L. 1983, p. 3, § 12; Ga. L. 2011, p. 59, § 1-26/HB 415; Ga. L. 2012, p. 173, § 3-3/HB 665; Ga. L. 2015, p. 693, § 1A-1/HB 233; Ga. L. 2018, p. 1112, § 15/SB 365.)    The 2015 amendment,  effective July 1, 2015, substituted the present provisions of subsection (c) for the former provisions, which read: "Any person who has been convicted of a felony in a state or federal court who has not had his or her civil rights restored and any person who has been judicially determined to be mentally incompetent shall not be eligible to serve as a grand juror."; and added subsection (d). See editor's note for applicability.    The 2018 amendment,  effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, substituted "Article 4 of Chapter 3 of Title 42" for "Article 5 of Chapter 8 of Title 42" in the middle of paragraph (c)(3).   Editor's notes.   - Ga. L. 2011, p. 59, § 1-1/HB 415, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Jury Composition Reform Act of 2011.'"   Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."   Law reviews.   - For article on the effect on jury service of a conviction based on a nolo contendere plea, see 13 Ga. L. Rev. 723 (1979). For annual survey on criminal law, see 64 Mercer L. Rev. 83 (2012). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Constitutionality   Incompetency   Practice and Procedure    OPINIONS OF THE ATTORNEY GENERAL    Justice of peace (now magistrate)  is eligible to serve on county grand jury. 1954-56 Op. Att'y Gen. p. 92.    Conviction resulting from nolo contendere plea  cannot be used to impose any disability including disqualification from voting, holding public office, and jury service. 1983 Op. Att'y Gen. No. 83-33.    Conviction for misdemeanor  does not affect one's eligibility to serve on either a grand or trial jury. 1983 Op. Att'y Gen. No. 83-33.    Pardon or restoration of civil rights  is necessary to serve on grand jury, even if the sentence has been completed, if the conviction was for any felony. 1983 Op. Att'y Gen. No. 83-33.    Person who has been placed on probation pursuant to the First Offender Act, O.C.G.A. § 42-8-60 et seq., does not become incompetent to serve on a grand or petit jury under paragraph (b)(2) of O.C.G.A. § 15-12-60 either before or after being discharged without court adjudication of guilt. 1990 Op. Att'y Gen. No. U90-6.   RESEARCH REFERENCES   Am. Jur. 2d.   - 38 Am. Jur. 2d, Grand Jury, § 9. 47 Am. Jur. 2d, Jury, § 142 et seq.   C.J.S.   - 38A C.J.S., Grand Juries, § 13 et seq.   ALR.    - Effect of, and remedies for, exclusion of eligible class or classes of persons from jury list in criminal case, 52 A.L.R. 919.    Eligibility of women as jurors, 157 A.L.R. 461.    Membership in secret order or organization for the suppression of crime as proper subject of examination, or ground of challenge, of juror, 158 A.L.R. 1361.   Exclusion of women from grand or trial jury panel in criminal case as violation of constitutional rights of accused or as ground for reversal of conviction, 9 A.L.R.2d 661, 70 A.L.R.5th 587.   Validity of indictment where grand jury heard incompetent witness, 39 A.L.R.3d 1064.   Age group underrepresentation in grand jury or petit jury venire, 62 A.L.R.4th 859.   Disqualification or exemption of juror for conviction of, or prosecution for, criminal offense, 75 A.L.R.5th 295.