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SB 1 - Special Drug Prosecutor Act - provide

Starr, Terrell (44th)	Walker, Charles W (22nd)	Kemp, Rene' D (3rd)
Hecht, Greg K. (34th)

Status Summary	SC:	Judy	HC:	Judy	FR:	01/12/99	LA:	04/22/99	Signed by Governor

First Reader Summary

A bill to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, so as to provide that, subject to available funds, the district attorney in each judicial circuit shall appoint one additional assistant district attorney who shall prosecute as directed by the district attorney primarily cases involving violations of Article 2 of Chapter 13 of Title 16, known as the "Georgia Controlled Substances Act".

Code Sections - 15-18-45

SB 1   99                                              SB1/AP 
 
      SENATE BILL 1 
 
      By:  Senators Starr of the 44th, Walker of the 22nd, 
           Kemp of the 3rd and Hecht of the 34th 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 18 of Title 15 of the Official Code of 
  1- 2  Georgia Annotated, relating to prosecuting attorneys, so as 
  1- 3  to provide that, subject to available funds, the district 
  1- 4  attorney in each judicial circuit shall appoint one 
  1- 5  additional assistant district attorney who shall prosecute 
  1- 6  as directed by the district attorney primarily cases 
  1- 7  involving violations of Article 2 of Chapter 13 of Title 16, 
  1- 8  known as the "Georgia Controlled Substances Act"; to provide 
  1- 9  a short title; to provide for the designation of such 
  1-10  additional assistant district attorneys authorized under 
  1-11  this Act as "special drug prosecutors"; to provide that such 
  1-12  special drug prosecutors shall be subject to the 
  1-13  classification, compensation, benefits, policies, and 
  1-14  personnel related provisions of law applicable to other 
  1-15  assistant district attorneys; to provide that each person 
  1-16  employed as a special drug prosecutor shall complete an 
  1-17  initial training program prescribed by the Prosecuting 
  1-18  Attorneys' Council of the State of Georgia within 12 months 
  1-19  of such employment and such in-service training as the 
  1-20  council shall by rule prescribe; to repeal conflicting laws; 
  1-21  and for other purposes. 
 
  1-22       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-23                           SECTION 1. 
 
  1-24  This Act shall be known and may be cited as the "Special 
  1-25  Drug Prosecutor Act." 
 
  1-26                           SECTION 2. 
 
  1-27  Chapter 18 of Title 15 of the Official Code of Georgia 
  1-28  Annotated, relating to prosecuting attorneys, is amended by 
  1-29  striking in its entirety subsection (b) of Code Section 
  1-30  15-18-14, relating to the appointment, qualifications, and 
  1-31  compensation of assistant district attorneys, and inserting 
  1-32  in lieu thereof a new subsection (b) to read as follows: 
 
 
 
 
 
                                 -1- 
 
 
 
  2- 1      "(b)(1) Subject to the provisions of this Code section, 
  2- 2      the district attorney in each judicial circuit is 
  2- 3      authorized to appoint: 
 
  2- 4        (1)(A) One attorney for each superior court judge 
  2- 5        authorized for the circuit, excluding senior judges, 
  2- 6        plus one additional attorney to assist the district 
  2- 7        attorney in the performance of the duties of the 
  2- 8        district attorney's office and consistent with their 
  2- 9        constitutional and statutory duties to protect the 
  2-10        rights of victims of crimes as now or in the future 
  2-11        may be defined by applicable law; 
 
  2-12        (2)(B) Subject to the availability of funding and at 
  2-13        the option of the Department of Human Resources, at 
  2-14        least one assistant district attorney to perform 
  2-15        duties described specifically under Code Sections 
  2-16        19-11-23 and 19-11-53 and generally under Article 1 of 
  2-17        Chapter 11 of Title 19, the 'Child Support Recovery 
  2-18        Act,' Article 2 of Chapter 11 of Title 19, the 
  2-19        'Uniform Reciprocal Enforcement of Support Act,' and 
  2-20        Article 3 of Chapter 11 of Title 19, the 'Uniform 
  2-21        Interstate Family Support Act.'  The district attorney 
  2-22        retains the authority to appoint one or more assistant 
  2-23        district attorneys, who shall be county employees, to 
  2-24        perform the aforementioned statutory duties, so long 
  2-25        as such appointments are pursuant to a contract for 
  2-26        such services with the Department of Human Resources. 
  2-27        Once the election to make this position a state 
  2-28        position is made, under this statutory provision, it 
  2-29        shall be irrevocable.  Contractual funds shall be paid 
  2-30        by the Department of Human Resources to the Department 
  2-31        of Administrative Services in accordance with the 
  2-32        compensation provisions of this Code section, or at 
  2-33        the election of the appointed attorney, to the 
  2-34        appointed attorney's judicial circuit, in accordance 
  2-35        with the compensation provisions of that judicial 
  2-36        circuit; and 
 
  2-37        (3)(C) Subject to funds being appropriated by the 
  2-38        General Assembly, such additional assistant district 
  2-39        attorneys as may be authorized by the Prosecuting 
  2-40        Attorneys' Council of the State of Georgia. 
 
  2-41      (2) Subject to the provisions of this Code section and 
  2-42      subject to such funds as may be appropriated by the 
  2-43      General Assembly or which are otherwise available to the 
  2-44      State of Georgia for such purpose, the district attorney 
 
 
                                 -2- 
 
 
 
  3- 1      in each judicial circuit shall appoint one additional 
  3- 2      assistant district attorney who shall prosecute, as 
  3- 3      directed by the district attorney, primarily cases 
  3- 4      involving violations of Article 2 of Chapter 13 of Title 
  3- 5      16, known as the 'Georgia Controlled Substances Act.' 
  3- 6      This assistant district attorney shall be designated as 
  3- 7      a 'special drug prosecutor.' Such assistant district 
  3- 8      attorney shall be subject to the classification, 
  3- 9      compensation, benefits, policies, and personnel related 
  3-10      provisions of subsections (c) through (i) of this Code 
  3-11      section and Code Section 15-18-19. In the event that the 
  3-12      funds appropriated or otherwise available in any fiscal 
  3-13      year for purposes of this paragraph are sufficient to 
  3-14      implement this paragraph in some but not all judicial 
  3-15      circuits, the Judicial Council of Georgia shall 
  3-16      designate the judicial circuits in which this paragraph 
  3-17      shall be implemented for such fiscal year." 
 
  3-18                           SECTION 3. 
 
  3-19  Said chapter is further amended by striking in its entirety 
  3-20  Code Section 15-18-45, relating to the authority of the 
  3-21  Prosecuting Attorneys' Council of the State of Georgia to 
  3-22  conduct or approve training programs, and inserting in lieu 
  3-23  thereof a new Code Section 15-18-45 to read as follows: 
 
  3-24    "15-18-45. 
 
  3-25    (a) The council shall be authorized to conduct or approve 
  3-26    for credit or reimbursement, or both, basic and continuing 
  3-27    legal education courses or other appropriate training 
  3-28    programs for the district attorneys, solicitors-general, 
  3-29    and other prosecuting attorneys of this state and the 
  3-30    members of the staffs of such officials.  The council, in 
  3-31    accordance with such rules as it shall adopt, shall be 
  3-32    authorized to provide reimbursement, in whole or in part, 
  3-33    for the actual expenses incurred by any district attorney, 
  3-34    solicitor-general, or other prosecuting attorney of this 
  3-35    state or any member of the staffs of such officials in 
  3-36    attending any such approved course or training program 
  3-37    from such funds as may be appropriated or otherwise made 
  3-38    available to the council. Notwithstanding any other 
  3-39    provision of law, such officials and members of their 
  3-40    staffs shall be authorized to receive reimbursement for 
  3-41    actual expenses incurred in attending approved courses or 
  3-42    training programs, provided that no person shall be 
  3-43    entitled to claim reimbursement under both this Code 
  3-44    section and Code Section 15-18-12.  The council shall 
 
 
                                 -3- 
 
 
 
  4- 1    adopt such rules governing the approval of courses and 
  4- 2    training programs for credit or reimbursement as may be 
  4- 3    necessary to administer this Code section properly. 
 
  4- 4    (b) Each person designated as a special drug prosecutor 
  4- 5    pursuant to paragraph (2) of subsection (b) of Code 
  4- 6    Section 15-18-14 shall complete an initial training 
  4- 7    program prescribed by the Prosecuting Attorneys' Council 
  4- 8    of the State of Georgia within 12 months of such 
  4- 9    employment and such in-service training as the council 
  4-10    shall by rule prescribe." 
 
  4-11                           SECTION 4. 
 
  4-12  All laws and parts of laws in conflict with this Act are 
  4-13  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -4-