Georgia Official and Statistical Register 1983-84 - the Digital Library ...
Georgia Official and Statistical Register 1983-84 - the Digital Library ... Georgia Official and Statistical Register 1983-84 - the Digital Library ...
Chapter ICONSTITUTION1983CONSTITUTIONOF THESTATE OF GEORGIARatified General Election, November 2,1982; Governor©s Proclamation, March 1,1983. Effective, Jufy 1,1983.Table of ContentsARTICLEARTICLEARTICLEARTICLEARTICLEARTICLEI.II.III.IV.V.VI.ARTICLE VII.ARTICLE VIII.ARTICLE IX.ARTICLE X.ARTICLE XLPageBill of Rights ................................................................. 1Voting and Elections .......................................................... 3Legislative Branch ............................................................ 3Constitutional Boards and Commissions ....................................... 8Executive Branch ............................................................ 10Judicial Branch .............................................................. 11Taxation and Finance ....................................................... 14Education ................................................................... 18Counties and Municipal Corporations ......................................... 20Amendments to the Constitution ............................................. 25Miscellaneous Provisions ..................................................... 25NOTE: The State of Georgia has had ten state Constitutions, which took effect in the following years: 1777,1789, 1798, 1861, 1865, 1868, 1877, 1945, 1976, 1983.CONSTITUTION OF THE STATE OF GEORGIAPREAMBLETo perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness ofthe citizen and of the family, and transmit to posterity theenjoyment of liberty, we the people of Georgia, relying uponthe protection and guidance of Almighty God, do ordain andestablish this Constitution.ARTICLE I.BILL OF RIGHTSSECTION I.RIGHTS OF PERSONSParagraph I. Life, liberty, and property. No person shall bedeprived of life, liberty, or property except by due process oflaw.Paragraph II. Protection to person and property; equal protection. Protection to person and property is the paramountduty of government and shall be impartial and complete. Noperson shall be denied the equal protection of the laws.Paragraph III. Freedom of conscience. Each person has thenatural and inalienable right to worship God, each according tothe dictates of that person©s own conscience; and no humanauthority should, in any case, control or interfere with suchright of conscience.Paragraph IV. Religious opinions; freedom of religion. Noinhabitant of this state shall be molested in person or propertyor be prohibited from holding any public office or trust onaccount of religious opinions; but the right of freedom ofreligion shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety ofthe state.Paragraph V. Freedom of speech and of the press guaranteed. No law shall be passed to curtail or restrain the freedom ofspeech or of the press. Every person may speak, write, andpublish sentiments on all subjects but shall be responsible forthe abuse of that liberty.Paragraph VI. Libel. In all civil or criminal actions for libel,the truth may be given in evidence; and, if it shall appear to thetrier of fact that the matter charged as libelous is true, the partyshall be discharged.Paragraph VII. Citizens, protection of. All citizens of theUnited States, resident in this state, are hereby declared citizensof this state; and it shall be the duty of the General Assembly toenact such laws as will protect them in the full enjoyment of therights, privileges, and immunities due to such citizenship.Paragraph VIII. Arms, right to keep and bear. The right ofthe people to keep and bear arms shall not be infringed, but theGeneral Assembly shall have power to prescribe the manner inwhich arms may be borne.Paragraph IX. Right to assemble and petition. The peoplehave the right to assemble peaceably for their common goodand to apply by petition or remonstrance to those vested withthe powers of government for redress of grievances.Paragraph X. Bill of attainder; ex post facto laws; and retroactive laws. No bill of attainder, ex post facto law, retroactive
law, or laws impairing the obligation of contract or makingirrevocable grant of special privileges or immunities shall bepassed.Paragraph XI. Right to trial by jury; number of jurors;selection and compensation of jurors, (a) The right to trial byjury shall remain inviolate, except that the court shall renderjudgment without the verdict of a jury in all civil cases where noissuable defense is filed and where a jury is not demanded inwriting by either party. In criminal cases, the defendant shallhave a public and speedy trial by an impartial jury; and the juryshall be the judges of the law and the facts.(b) A trial jury shall consist of 12 persons; but the GeneralAssembly may prescribe any number, not less than six, toconstitute a trial jury in courts of limited jurisdiction and insuperior courts in misdemeanor cases.(c) The General Assembly shall provide by law for the selection and compensation of persons to serve as grand jurors andtrial jurors.Paragraph XII. Right to the courts. No person shall bedeprived of the right to prosecute or defend, either in person orby an attorney, that person©s own cause in any of the courts ofthis state.Paragraph XIII. Searches, seizures, and warrants. The rightof the people to be secure in their persons, houses, papers, andeffects against unreasonable searches and seizures shall not beviolated; and no warrant shall issue except upon probablecause supported by oath or affirmation particularly describingthe place or places to be searched and the persons or things tobe seized.Paragraph XIV. Benefit of counsel; accusation; list of witnesses; compulsory process. Every person charged with anoffense against the laws of this state shall have the privilege andbenefit of counsel; shall be furnished with a copy of the accusation or indictment and, on demand, with a list of the witnesseson whose testimony such charge is founded; shall have compulsory process to obtain the testimony of that person©s ownwitnesses; and shall be confronted with the witnesses testifyingagainst such person.Paragraph XV. Habeas corpus. The writ of habeas corpusshall not be suspended unless, in case of rebellion or invasion,the public safety may require it.Paragraph XVI. Self-incrimination. No person shall becompelled to give testimony tending in any manner to beself-incriminating.Paragraph XVII. Bail; fines; punishment; arrest, abuse ofprisoners. Excessive bail shall not be required, nor excessivefines imposed, nor cruel and unusual punishments inflicted; norshall any person be abused in being arrested, while under arrest,or in prison.Paragraph XVIII. Jeopardy of life or liberty more than onceforbidden. No person shall be put in jeopardy of life or libertymore than once for the same offense except when a new trialhas been granted after conviction or in case of mistrial.Paragraph XIX. Treason. Treason against the State ofGeorgia shall consist of insurrection against the state, adheringto the state©s enemies, or giving them aid and comfort. Noperson shall be convicted of treason except on the testimony oftwo witnesses to the same overt act or confession in open court.Paragraph XX. Conviction, effect of. No conviction shallwork corruption of blood or forfeiture of estate.Paragraph XXI. Banishment and whipping as punishmentfor crime. Neither banishment beyond the limits of the state norwhipping shall be allowed as a punishment for crime.Paragraph XXII. Involuntary servitude. There shall be noinvoluntary servitude within the State of Georgia except as apunishment for crime after legal conviction thereof or forcontempt of court.Paragraph XXIII. Imprisonment for debt. There shall be noimprisonment for debt.Paragraph XXIV. Costs. No person shall be compelled topay costs in any criminal case except after conviction on finaltrial.Paragraph XXV. Status of the citizen. The social status of acitizen shall never be the subject of legislation.Paragraph XXVI. Exemptions from levy and sale. TheGeneral Assembly shall protect by law from levy and sale byvirtue of any process under the laws of this state a portion of theproperty of each person in an amount of not less than $ 1,600.00and shall have authority to define to whom any such additionalexemptions shall be allowed; to specify the amount of suchexemptions; to provide for the manner of exempting suchproperty and for the sale, alienation, and encumbrance thereof;and to provide for the waiver of said exemptions by the debtor.Paragraph XXVII. Spouse©s separate property. The separate property of each spouse shall remain the separate propertyof that spouse except as otherwise provided by law.Paragraph XXVIII. Enumeration of rights not denial ofothers. The enumeration of rights herein contained as a part ofthis Constitution shall not be construed to deny to the peopleany inherent rights which they may have hitherto enjoyed.SECTION II.ORIGIN AND STRUCTURE OF GOVERNMENTParagraph I. Origin and foundation of government. Allgovernment, of right, originates with the people, is foundedupon their will only, and is instituted solely for the good of thewhole. Public officers are the trustees and servants of the peopleand are at all times amenable to them.Paragraph II. Object of government. The people of this statehave the inherent right of regulating their internal government.Government is instituted for the protection, security, andbenefit of the people; and at all times they have the right to alteror reform the same whenever the public good may require it.Paragraph III. Separation of legislative, judicial, andexecutivepowers.The legislative, judicial, and executive powers shallforever remain separate and distinct; and no person dischargingthe duties of one shall at the same time exercise the functions ofeither of the others except as herein provided.Paragraph IV. Contempts. The power of the courts to puiiishfor contempt shall be limited by legislative acts.Paragraph V. What acts void. Legislative acts in violation ofthis Constitution or the Constitution of the United States arevoid, and the judiciary shall so declare them.Paragraph VI. Superiority of civil authority. The civilauthority shall be superior to the military.Paragraph VII. Separation of church and state. No moneyshall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denominationor of any sectarian institution.Paragraph VIII. Lotteries. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall beenforced by penal laws, except that the General Assembly mayby law provide that the operation of a nonprofit bingo gameshall not be a lottery and shall be legal in this state. The GeneralAssembly may by law define a nonprofit bingo game andprovide for the regulation of nonprofit bingo games.
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law, or laws impairing <strong>the</strong> obligation of contract or makingirrevocable grant of special privileges or immunities shall bepassed.Paragraph XI. Right to trial by jury; number of jurors;selection <strong>and</strong> compensation of jurors, (a) The right to trial byjury shall remain inviolate, except that <strong>the</strong> court shall renderjudgment without <strong>the</strong> verdict of a jury in all civil cases where noissuable defense is filed <strong>and</strong> where a jury is not dem<strong>and</strong>ed inwriting by ei<strong>the</strong>r party. In criminal cases, <strong>the</strong> defendant shallhave a public <strong>and</strong> speedy trial by an impartial jury; <strong>and</strong> <strong>the</strong> juryshall be <strong>the</strong> judges of <strong>the</strong> law <strong>and</strong> <strong>the</strong> facts.(b) A trial jury shall consist of 12 persons; but <strong>the</strong> GeneralAssembly may prescribe any number, not less than six, toconstitute a trial jury in courts of limited jurisdiction <strong>and</strong> insuperior courts in misdemeanor cases.(c) The General Assembly shall provide by law for <strong>the</strong> selection <strong>and</strong> compensation of persons to serve as gr<strong>and</strong> jurors <strong>and</strong>trial jurors.Paragraph XII. Right to <strong>the</strong> courts. No person shall bedeprived of <strong>the</strong> right to prosecute or defend, ei<strong>the</strong>r in person orby an attorney, that person©s own cause in any of <strong>the</strong> courts ofthis state.Paragraph XIII. Searches, seizures, <strong>and</strong> warrants. The rightof <strong>the</strong> people to be secure in <strong>the</strong>ir persons, houses, papers, <strong>and</strong>effects against unreasonable searches <strong>and</strong> seizures shall not beviolated; <strong>and</strong> no warrant shall issue except upon probablecause supported by oath or affirmation particularly describing<strong>the</strong> place or places to be searched <strong>and</strong> <strong>the</strong> persons or things tobe seized.Paragraph XIV. Benefit of counsel; accusation; list of witnesses; compulsory process. Every person charged with anoffense against <strong>the</strong> laws of this state shall have <strong>the</strong> privilege <strong>and</strong>benefit of counsel; shall be furnished with a copy of <strong>the</strong> accusation or indictment <strong>and</strong>, on dem<strong>and</strong>, with a list of <strong>the</strong> witnesseson whose testimony such charge is founded; shall have compulsory process to obtain <strong>the</strong> testimony of that person©s ownwitnesses; <strong>and</strong> shall be confronted with <strong>the</strong> witnesses testifyingagainst such person.Paragraph XV. Habeas corpus. The writ of habeas corpusshall not be suspended unless, in case of rebellion or invasion,<strong>the</strong> public safety may require it.Paragraph XVI. Self-incrimination. No person shall becompelled to give testimony tending in any manner to beself-incriminating.Paragraph XVII. Bail; fines; punishment; arrest, abuse ofprisoners. Excessive bail shall not be required, nor excessivefines imposed, nor cruel <strong>and</strong> unusual punishments inflicted; norshall any person be abused in being arrested, while under arrest,or in prison.Paragraph XVIII. Jeopardy of life or liberty more than onceforbidden. No person shall be put in jeopardy of life or libertymore than once for <strong>the</strong> same offense except when a new trialhas been granted after conviction or in case of mistrial.Paragraph XIX. Treason. Treason against <strong>the</strong> State of<strong>Georgia</strong> shall consist of insurrection against <strong>the</strong> state, adheringto <strong>the</strong> state©s enemies, or giving <strong>the</strong>m aid <strong>and</strong> comfort. Noperson shall be convicted of treason except on <strong>the</strong> testimony oftwo witnesses to <strong>the</strong> same overt act or confession in open court.Paragraph XX. Conviction, effect of. No conviction shallwork corruption of blood or forfeiture of estate.Paragraph XXI. Banishment <strong>and</strong> whipping as punishmentfor crime. Nei<strong>the</strong>r banishment beyond <strong>the</strong> limits of <strong>the</strong> state norwhipping shall be allowed as a punishment for crime.Paragraph XXII. Involuntary servitude. There shall be noinvoluntary servitude within <strong>the</strong> State of <strong>Georgia</strong> except as apunishment for crime after legal conviction <strong>the</strong>reof or forcontempt of court.Paragraph XXIII. Imprisonment for debt. There shall be noimprisonment for debt.Paragraph XXIV. Costs. No person shall be compelled topay costs in any criminal case except after conviction on finaltrial.Paragraph XXV. Status of <strong>the</strong> citizen. The social status of acitizen shall never be <strong>the</strong> subject of legislation.Paragraph XXVI. Exemptions from levy <strong>and</strong> sale. TheGeneral Assembly shall protect by law from levy <strong>and</strong> sale byvirtue of any process under <strong>the</strong> laws of this state a portion of <strong>the</strong>property of each person in an amount of not less than $ 1,600.00<strong>and</strong> shall have authority to define to whom any such additionalexemptions shall be allowed; to specify <strong>the</strong> amount of suchexemptions; to provide for <strong>the</strong> manner of exempting suchproperty <strong>and</strong> for <strong>the</strong> sale, alienation, <strong>and</strong> encumbrance <strong>the</strong>reof;<strong>and</strong> to provide for <strong>the</strong> waiver of said exemptions by <strong>the</strong> debtor.Paragraph XXVII. Spouse©s separate property. The separate property of each spouse shall remain <strong>the</strong> separate propertyof that spouse except as o<strong>the</strong>rwise provided by law.Paragraph XXVIII. Enumeration of rights not denial ofo<strong>the</strong>rs. The enumeration of rights herein contained as a part ofthis Constitution shall not be construed to deny to <strong>the</strong> peopleany inherent rights which <strong>the</strong>y may have hi<strong>the</strong>rto enjoyed.SECTION II.ORIGIN AND STRUCTURE OF GOVERNMENTParagraph I. Origin <strong>and</strong> foundation of government. Allgovernment, of right, originates with <strong>the</strong> people, is foundedupon <strong>the</strong>ir will only, <strong>and</strong> is instituted solely for <strong>the</strong> good of <strong>the</strong>whole. Public officers are <strong>the</strong> trustees <strong>and</strong> servants of <strong>the</strong> people<strong>and</strong> are at all times amenable to <strong>the</strong>m.Paragraph II. Object of government. The people of this statehave <strong>the</strong> inherent right of regulating <strong>the</strong>ir internal government.Government is instituted for <strong>the</strong> protection, security, <strong>and</strong>benefit of <strong>the</strong> people; <strong>and</strong> at all times <strong>the</strong>y have <strong>the</strong> right to alteror reform <strong>the</strong> same whenever <strong>the</strong> public good may require it.Paragraph III. Separation of legislative, judicial, <strong>and</strong>executivepowers.The legislative, judicial, <strong>and</strong> executive powers shallforever remain separate <strong>and</strong> distinct; <strong>and</strong> no person discharging<strong>the</strong> duties of one shall at <strong>the</strong> same time exercise <strong>the</strong> functions ofei<strong>the</strong>r of <strong>the</strong> o<strong>the</strong>rs except as herein provided.Paragraph IV. Contempts. The power of <strong>the</strong> courts to puiiishfor contempt shall be limited by legislative acts.Paragraph V. What acts void. Legislative acts in violation ofthis Constitution or <strong>the</strong> Constitution of <strong>the</strong> United States arevoid, <strong>and</strong> <strong>the</strong> judiciary shall so declare <strong>the</strong>m.Paragraph VI. Superiority of civil authority. The civilauthority shall be superior to <strong>the</strong> military.Paragraph VII. Separation of church <strong>and</strong> state. No moneyshall ever be taken from <strong>the</strong> public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denominationor of any sectarian institution.Paragraph VIII. Lotteries. All lotteries, <strong>and</strong> <strong>the</strong> sale of lottery tickets, are hereby prohibited; <strong>and</strong> this prohibition shall beenforced by penal laws, except that <strong>the</strong> General Assembly mayby law provide that <strong>the</strong> operation of a nonprofit bingo gameshall not be a lottery <strong>and</strong> shall be legal in this state. The GeneralAssembly may by law define a nonprofit bingo game <strong>and</strong>provide for <strong>the</strong> regulation of nonprofit bingo games.
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