Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Ga. Const. art. III, § IV, ¶ IX — Privilege of members | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE III. LEGISLATIVE BRANCH

Paragraph IX. Privilege of members.

The members of both houses shall be free from arrest during sessions of the General Assembly, or committee meetings thereof, and in going thereto or returning therefrom, except for treason, felony, or breach of the peace. No member shall be liable to answer in any other place for anything spoken in either house or in any committee meeting of either house.

1976 Constitution.

- Art. III, Sec. V, Para. XII.

JUDICIAL DECISIONS

Similarity to U.S. Constitution.

- This paragraph is similar to that in the Constitution of the United States in regard to Senators and Representatives in the Congress (U.S. Const., art. I, sec. VI, para. I). Village of N. Atlanta v. Cook, 219 Ga. 316, 133 S.E.2d 585 (1963).

OPINIONS OF THE ATTORNEY GENERAL

Speeding violations.

- A member of the Georgia General Assembly is not immune from arrest and prosecution for speeding violations, or any other criminal offense, by virtue of Ga. Const. 1983, Art. III, Sec. IV, Para. IX. 1985 Op. Att'y Gen. No. U85-50.

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Arrest, § 103 et seq.

C.J.S.

- 81A C.J.S., States, § 99.

ALR.

- Immunity of public officer from criminal arrest, 1 A.L.R. 1156.

Service of a subpoena as an arrest within constitutional or statutory immunity of members of legislature or others from arrest, 79 A.L.R. 1214.

Governmental control of actions or speech of public officers or employees in respect of matters outside the actual performance of their duties, 163 A.L.R. 1358.

Defamation: nature and extent of privilege accorded public statements, relating to subject of legislative business or concern, made by member of state or local legislature or council outside of formal proceedings, 41 A.L.R.4th 1116.