2021 Georgia Code
Title 15 - Courts
Chapter 12 - Juries
Article 3 - Selection of Jurors
§ 15-12-40.1. State-Wide Master Jury List; Driver's License Information; List of Registered Voters; Random List of Persons to Comprise Venire

1. After July 1, 2011, the council shall compile a state-wide master jury list.
2. On and after July 1, 2017, upon the council's request, the Department of Driver Services shall provide the council data showing the full name of all persons who are at least 18 years of age and residents of this state who have been issued a driver's license or personal identification card pursuant to Chapter 5 of Title 40. In addition to the person's full name, the Department of Driver Services shall include the person's address, city of residence, date of birth, gender, driver's license or personal identification card number, and, whenever racial information is collected by the Department of Driver Services, racial information. The Department of Driver Services shall provide the document issue date and document expiration date; shall indicate whether the document is a driver's license or a personal identification card; and shall exclude persons whose driver's license has been suspended or revoked due to a felony conviction, whose driver's license has been expired for more than 730 days, or who have been identified as not being citizens of the United States. Such data shall also include a secure unique identifier, determined according to the specifications of the council in consultation with the Department of Driver Services, which shall be a representation of the last four digits of the social security number associated with each driver's license or personal identification card holder. The council shall provide the Department of Driver Services with the software required to generate such secure unique identifier. The Department of Driver Services shall also provide the names and identifying information specified by this subsection of persons convicted in this state or in another state of driving without a license. Such data shall be in electronic format as required by the council.
3. 1. On and after July 1, 2017, upon request by the council, the Secretary of State shall provide to the council, without cost, data showing:
      1. The list of registered voters, including the voter's date of birth, address, gender, driver's license number, and when it is available, the voter's race. Such list shall exclude persons whose voting rights have been removed; and
      2. The full name, date of birth, address, gender, and, when such information is available, the race of any individual declared as mentally incompetent within the information collected by the Secretary of State under subsection (b) of Code Section 21-2-231.
   2. The data provided to the council pursuant to this subsection shall also include a secure unique identifier, determined according to the specifications of the council in consultation with the Secretary of State, which shall be a representation of the last four digits of the social security number associated with each voter. The council shall provide the Secretary of State with the software required to generate such secure unique identifier.
4. On and after July 1, 2014, each clerk shall obtain its county master jury list from the council. The council shall disseminate, in electronic format, a county master jury list to the respective clerk once each calendar year. The council shall determine the fee to be assessed each county for such list, provided that such fee shall not exceed 3› per name on the list. The council shall invoice each clerk upon the delivery of the county master jury list, and the recipient county shall remit payment within 30 days of the invoice.
5. On and after July 1, 2017, upon request by the council, the Department of Public Health shall provide to the council, without cost, data relating to death certificates for residents of this state for the 15 year period preceding the date of the request. In addition to the deceased person's full name, the data shall include the person's address, including the county of residence and ZIP Code, date of birth, gender, county in which the person died, and, when such information is available, the person's race. Such data shall also include a secure unique identifier, determined according to the specifications of the council in consultation with the Department of Public Health, which shall be a representation of the last four digits of the social security number associated with each deceased person. The council shall provide the Department of Public Health with the software required to generate such secure unique identifier. Such data shall be in electronic format as required by the council.
6. On and after July 1, 2017, upon request by the council, the Department of Corrections shall provide to the council, without cost, data showing a list of the names of all persons who have been convicted of a felony in this state. In addition to the convicted person's full name, the data shall include the person's address, including the county of residence and ZIP Code, date of birth, gender, and, when such information is available, the convicted person's race. Such data shall also include a secure unique identifier, determined according to the specifications of the council in consultation with the Department of Corrections, which shall be a representation of the last four digits of the social security number associated with each convicted person. The council shall provide the Department of Corrections with the software required to generate such secure unique identifier. Such data shall be in electronic format as required by the council.
7. On and after July 1, 2017, upon request by the council, the State Board of Pardons and Paroles shall provide to the council, without cost, data showing a list of the names of all persons who have had his or her civil rights restored. In addition to the person's full name, the data shall include the person's address, including the county of residence and ZIP Code, date of birth, gender, and, when such information is available, the person's race. Such data shall also include a secure unique identifier, determined according to the specifications of the council in consultation with the State Board of Pardons and Paroles, which shall be a representation of the last four digits of the social security number associated with each person. The council shall provide the State Board of Pardons and Paroles with the software required to generate such secure unique identifier. Such data shall be in electronic format as required by the council.
8. On or after July 1, 2017, in each county the clerk shall choose a random list of persons from the county master jury list to comprise the venire.
9. The Supreme Court may establish, by rules, reasonable standards for the preparation, dissemination, and technological improvements of the state-wide master jury list and county master jury lists.

(Code 1981, §15-12-40.1, enacted by Ga. L. 1994, p. 408, § 1; Ga. L. 2011, p. 59, § 1-16/HB 415; Ga. L. 2012, p. 173, § 3-2/HB 665; Ga. L. 2014, p. 451, § 8/HB 776; Ga. L. 2015, p. 422, § 5-18/HB 310; Ga. L. 2017, p. 622, § 1/SB 95.)

The 2014 amendment, effective July 1, 2014, rewrote this Code section.

The 2015 amendment, effective July 1, 2015, inserted "July 1, 2015, upon request by the council, the Department of Community Supervision and, on and after" in the first sentence in subsection (f). See editor's note for applicability.

The 2017 amendment, effective July 1, 2017, rewrote this Code section.

- Registration of voters and compilation of official registered voters' lists, § 21-2-210 et seq.

Unified appeal, pretrial proceedings, Uniform Superior Court Rules, Rule 34.

Authority of probate courts to enact local rules, Uniform Rules for the Probate Courts, Rule 1.2.

- 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. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that the amendment by this Act shall apply to sentences entered on or after July 1, 2015.

- For annual survey of death penalty law, see 56 Mercer L. Rev. 197 (2004). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015). For comment on discriminatory jury selection, in light of Avery v. Georgia, 345 U.S. 559, 73 S. Ct. 891, 97 L. Ed. 1244 (1953), see 5 Mercer L. Rev. 207 (1953). For comment on Allen v. State, 110 Ga. App. 56, 137 S.E.2d 711 (1964), see 1 Ga. St. B.J. 371 (1965). For comment on Simmons v. Jones, 478 F.2d 321 (5th Cir. 1973), see 8 Ga. L. Rev. 510 (1974).

ANALYSIS

• General Consideration
• Jury Commissioners
• Makeup of Juries
• Revision of Jury List
• Proof of Jury Discrimination

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under former Code 1933, § 59-106 and former O.C.G.A. § 15-12-42 are included in the annotations for this Code section.

Proper interpretation of this section is that jury commissioners are to compose the jury list by selecting a fairly representative cross-section of the county by placing at least 50 percent of the registered voters on the jury list; as long as it appears that the selection of the registered voters, from the voters' list most recently revised by the county board of registrars or other county election officials, is a fairly representative cross-section of the intelligent and upright citizens of the county, the requirements of this section are satisfied. 1978 Op. Att'y Gen. No. 78-52 (decided under former Code 1933, § 59-106).

- Supremacy clause of U.S. Constitution prohibits United States military personnel from serving on state juries. 1980 Op. Att'y Gen. No. 80-125 (decided under former Code 1933, § 59-106).

Possibility of conflict of interest between grand jury and county board of tax equalization would not constitute disqualification for service upon either body, but would be a question for the court at the time of jury selection. 1973 Op. Att'y Gen. No. U73-111 (decided under former Code 1933, § 59-106).

- In those counties utilizing mechanical or electronic means for the selection of jurors, the person who operates the computer pursuant to the clerk's direction need not be a court official. 1982 Op. Att'y Gen. No. U82-5 (decided under former O.C.G.A. § 15-12-42).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Jury, §§ 101 et seq., 119 et seq., 128.

- 50A C.J.S., Juries, §§ 306, 308, 311 et seq.

- Effect of, and remedies for, exclusion of eligible class or classes of persons from jury list in criminal case, 52 A.L.R. 919.

Irregularity in drawing names for a jury panel as ground of complaint by defendant in criminal prosecution, 92 A.L.R. 1109.

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 enactment requiring juror to be an elector or voter or have qualifications thereof, 78 A.L.R.3d 1147.

Validity of requirement or practice of selecting prospective jurors exclusively from list of registered voters, 80 A.L.R.3d 869.

Validity of statutory classifications based on population - jury selection statutes, 97 A.L.R.3d 434.

Age group underrepresentation in grand jury or petit jury venire, 62 A.L.R.4th 859.

Validity and application of computerized jury selection practice or procedure, 110 A.L.R.5th 329.

Prejudicial effect of juror's inability to comprehend English, 117 A.L.R.5th 1.