O.C.G.A. § 15-12-82 (2019)
Change of venue in criminal grand jury investigation
(a) The judges of the superior courts are authorized and empowered to transfer the investigation by a grand jury from the county where the crime was committed to the grand jury in any other county in this state when it appears that a qualified grand jury cannot be had for the purpose of such investigation in the county where the crime was committed. The county master jury list shall be exhausted in trying to secure a qualified jury before a transfer of the investigation shall be made, unless the accused consents to a transfer.
(b) In order to secure a transfer under this Code section, the district attorney shall file a written motion asking for the transfer, stating the reason for transfer, and naming the day and hour when the motion is to be heard. He shall serve the accused with a copy of the motion at least one day before the hearing of the motion if the accused is in the custody of the officers of the court. In the event the accused is not in the custody of the officers of the court, service may be perfected in any manner reasonably calculated to give notice to the accused. In the event that the accused cannot be located, notice by publication may be used, as ordered by the court.
(c) The district attorney and the counsel for the accused may, by agreement, determine the county to which the transfer of the investigation shall be made, but in the event they do not agree it shall be the duty of the presiding judge to name the county to which the transfer shall be made.
(d) The sheriff and the clerk of the county in which the crime was committed shall be qualified and authorized to perform the duties of such officers in the same manner as if there had been no change of venue. Any order or summons issued in connection with the investigation or trial shall be as binding as if no change of venue had been made.
(e) The expenses of the investigation and trial shall be paid by the county in which the crime was committed, and no greater amount shall be paid as per diem or for mileage than would have been paid in the event the investigation and trial had been in the county where the crime was committed. However, no change of venue shall be had for the trial of the accused except as provided by law, unless by consent of the accused.
History
(Ga. L. 1922, p. 193, §§ 1, 3-6, 8; Code 1933, §§ 59-501, 59-502, 59-503, 59-504, 59-505, 59-506; Ga. L. 2011, p. 59, § 1-36/HB 415.)
Annotations
Cross references. - Change of venue in criminal cases generally, Ga. Const. 1983, Art. VI, Sec. II, Para. VIII, and § 17-7-150 et seq. 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.’ ’’
JUDICIAL DECISIONS Officers of county receiving case not prohibited from acting. - While this section provides that in such cases the sheriff and clerk of the county in which the crime was committed ‘‘shall be qualified and authorized to perform the duties of said officers in the same manner as if there had been no change of venue,’’ yet this language does not authorize a construction that would prohibit the sheriff and clerk of the county to which the case has been transferred on change of venue from performing any of the duties of sheriff and clerk in connection with the case so transferred. Harris v. State, 191 Ga. 243, 12 S.E.2d 64 (1940) (see now O.C.G.A. § 15-12-82). Words ‘‘qualified and authorized’’ mean that officers are permitted to act but are not required to do so. Harris v. State, 191 Ga. 243, 12 S.E.2d 64 (1940).
Indictment need not show change. - Indictment is not void for the reason that the jurisdiction of the grand jury of a county to which the investigation was transferred to return the indictment did not appear from the indictment, it not being stated therein that the investigation of the crime had been transferred. Howell v. State, 162 Ga. 14, 134 S.E. 59 (1926); Sallette v. State, 162 Ga. 442, 134 S.E. 68 (1926); Sallette v. State, 35 Ga. App. 658, 134 S.E. 203, cert. denied, 35 Ga. App. 808, 134 S.E. 203 (1926). Cited in Thompson v. State, 47 Ga. App. 229, 170 S.E. 328 (1933); Cochran v. State, 151 Ga. App. 478, 260 S.E.2d 391 (1979); Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003).