2022 Georgia Code
Title 15 - Courts
Chapter 12 - Juries
Article 4 - Grand Juries
Part 1 - General Provisions
§ 15-12-61. Number of Grand Jurors; Votes Necessary for Indictment or Presentment; Alternate Grand Jurors; Report on Preceding Grand Jury by Foreperson or Clerk

1. A grand jury shall consist of not less than 16 nor more than 23 persons. The votes of at least 12 grand jurors shall be necessary to find a bill of indictment or to make a presentment. Three alternate grand jurors may be sworn and, subject to the maximum number fixed in this subsection, may serve when any grand juror dies, is discharged for any cause, becomes ill, or is for other cause absent during any sitting. Alternate grand jurors may serve as members of inspection and examination committees with the same authority and responsibilities as grand jurors and without regard to the maximum limitation on the number of grand jurors fixed herein. However, nothing in this Code section shall limit the authority of a judge of the superior court to replace a grand juror.
2. The grand jury shall be authorized to request the foreperson of the previous grand jury to appear before it for the purpose of reviewing and reporting the actions of the immediately preceding grand jury if the succeeding grand jury determines that such service would be beneficial. While serving a succeeding grand jury, the foreperson of the immediately preceding grand jury shall receive the same compensation as other members of the grand jury. Any person serving as foreperson of a grand jury and then requested to report to an immediately succeeding grand jury shall not be eligible to again serve as a grand juror for one year following the conclusion of such earlier service.

History. Laws 1799, Cobb’s 1851 Digest, p. 547.; Ga. L. 1869, p. 139, § 5; Code 1873, § 3914; Code 1882, § 3914; Penal Code 1895, § 812; Penal Code 1910, § 812; Code 1933, § 59-202; Ga. L. 1967, p. 590, § 1; Ga. L. 1978, p. 906, § 1; Ga. L. 1979, p. 676, § 1; Ga. L. 1994, p. 607, § 3; Ga. L. 2001, p. 4, § 15; Ga. L. 2011, p. 59, § 1-27/HB 415.

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.’ ”