House Bill 231 would create a Prosecuting Attorneys Oversight Commission, which would have the ability to investigate judicial misconduct and recommend punishments to the state Supreme Court.
Atlanta police vehicle on watch. (Getty Images)
The oversight commission would have the final decision on disciplining or removing a prosecutor, but a prosector objecting to a decision by the commission could ask the state Supreme Court for a review.
The bill also provides that a district attorney can't be disciplined or removed over their decision not to charge a person for a crime, unless the decision was based on certain scenarios, such as a prosecutor who "categorically refuses to prosecute any offense or offenses of which he or she is required by law to prosecute."
House Bill 229 provides that a district attorney must "review every individual case for which probable cause for prosecution exists, and make a prosecutorial decision available under the law based on the facts and circumstances of each individual case." It adds that refusing to do so would violate a district attorney's oath of office, a crime punishable by up to five years in prison.
GEORGIA GOV. BRIAN KEMP ACTIVATES 1K NATIONAL GUARD TROOPS AHEAD OF ANTI-COP PROTESTS
Republican Gov. Brian Kemp addresses supporters at a watch party after winning re-election on election night on November 8, 2022 in Atlanta, Georgia. (Megan Varner/Getty Images)
Republican Georgia Gov. Brian Kemp has been a sharp critic of prosecutors refusing to charge misdemeanors and has vowed to tackle the massive rise in crime affecting areas like Atlanta.
During his State of the State speech last month, he emphasized his efforts to fight crime, and promised legislation to address the growing problem.
The Associated Press contributed to this report.