Challenges for cause; hearing of evidence; when objection may be made

O.C.G.A. § 15-12-163 — under Courts.

O.C.G.A. § 15-12-163

(a) When each juror is called, he shall be presented to the accused in such a manner that he can be distinctly seen. (b) The state or the accused may make any of the following objections to the juror: (1) That the juror is not a citizen, resident in the county; (2) That the juror is under 18 years of age; (3) That the juror is incompetent to serve because of mental illness or intellectual disability, or that the juror is intoxicated; (4) That the juror is so near of kin to the prosecutor, the accused, or the victim as to disqualify the juror by law from serving on the jury; (5) That the juror has been convicted of a felony in a federal court or any court of a state of the United States and the juror’s civil rights have not been restored; or (6) That the juror is unable to communicate in the English language. 146 15-12-163 (c) It shall be the duty of the court to hear immediately such evidence as is submitted in relation to the truth of these objections; the juror shall be a competent witness for this purpose. If the judge is satisfied of the truth of any objection, the juror shall be set aside for cause. (Ga. L. 1855-56, p. 229, § 7; Code 1863, § 4568; Code 1868, § 4588; Code 1873, § 4681; Code 1882, § 4681; Penal Code 1895, § 973; Penal Code 1910, § 999; Code 1933, § 59-804; Ga. L. 1995, p. 1292, § 11; Ga. L. 2015, p. 385, § 4-15/HB 252.) The 2015 amendment, effective July 1, 2015, substituted ‘‘intellectual disability’’ for ‘‘mental retardation’’ in the middle of paragraph (b)(3).