O.C.G.A. § 35-6a-16 — GA Code / Title 35 / Chapter 6A / Section 35-6a-16
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-6A-16
Status: repealed

(a) The council shall, subject to available funding: (1) Establish a grant program for the provision of funds to local law enforcement agencies and multi-jurisdiction task forces for the: (A) Prevention, reduction, and investigation of motor vehicle and motor vehicle parts theft; (B) Prevention, reduction, and investigation of motor vehicle related crime; (C) Establishment of multi-jurisdiction task forces upon request of local law enforcement agencies; (D) Investigation of fraud related to motor vehicle insurance, motor vehicle dealer purchases, and motor vehicle rental transactions and other forms of financial fraud relating to motor vehicles; (E) Hiring of personnel by local law enforcement agencies for the purpose of preventing, reducing, and investigating motor vehicle related crime; (F) Purchase of equipment and technology for support in motor vehicle related crime prevention, reduction, and investigation; (G) Provision of training to local law enforcement agencies and multi-jurisdiction task forces relative to motor vehicle related crime prevention, reduction, and investigation; and (H) Production of public awareness materials and programs relating to motor vehicle related crime prevention; (2) Promote state-wide planning and coordination of the investigation and prosecution of crimes relating to motor vehicle and motor vehicle parts theft; (3) Provide support to local prosecutors handling motor vehicle and motor vehicle parts theft related prosecutions; and (4) Provide support to multi-jurisdiction task forces established by local law enforcement agencies for the purpose of preventing, reducing, and investigating motor vehicle related crime.

(a) The council shall, subject to available funding:

(1) Establish a grant program for the provision of funds to local law enforcement agencies and multi-jurisdiction task forces for the: (A) Prevention, reduction, and investigation of motor vehicle and motor vehicle parts theft; (B) Prevention, reduction, and investigation of motor vehicle related crime; (C) Establishment of multi-jurisdiction task forces upon request of local law enforcement agencies; (D) Investigation of fraud related to motor vehicle insurance, motor vehicle dealer purchases, and motor vehicle rental transactions and other forms of financial fraud relating to motor vehicles; (E) Hiring of personnel by local law enforcement agencies for the purpose of preventing, reducing, and investigating motor vehicle related crime; (F) Purchase of equipment and technology for support in motor vehicle related crime prevention, reduction, and investigation; (G) Provision of training to local law enforcement agencies and multi-jurisdiction task forces relative to motor vehicle related crime prevention, reduction, and investigation; and (H) Production of public awareness materials and programs relating to motor vehicle related crime prevention;

(1) Establish a grant program for the provision of funds to local law enforcement agencies and multi-jurisdiction task forces for the:

(A) Prevention, reduction, and investigation of motor vehicle and motor vehicle parts theft;

(A) Prevention, reduction, and investigation of motor vehicle and motor vehicle parts theft;

(B) Prevention, reduction, and investigation of motor vehicle related crime;

(B) Prevention, reduction, and investigation of motor vehicle related crime;

(C) Establishment of multi-jurisdiction task forces upon request of local law enforcement agencies;

(C) Establishment of multi-jurisdiction task forces upon request of local law enforcement agencies;

(D) Investigation of fraud related to motor vehicle insurance, motor vehicle dealer purchases, and motor vehicle rental transactions and other forms of financial fraud relating to motor vehicles;

(D) Investigation of fraud related to motor vehicle insurance, motor vehicle dealer purchases, and motor vehicle rental transactions and other forms of financial fraud relating to motor vehicles;

(E) Hiring of personnel by local law enforcement agencies for the purpose of preventing, reducing, and investigating motor vehicle related crime;

(E) Hiring of personnel by local law enforcement agencies for the purpose of preventing, reducing, and investigating motor vehicle related crime;

(F) Purchase of equipment and technology for support in motor vehicle related crime prevention, reduction, and investigation;

(F) Purchase of equipment and technology for support in motor vehicle related crime prevention, reduction, and investigation;

(G) Provision of training to local law enforcement agencies and multi-jurisdiction task forces relative to motor vehicle related crime prevention, reduction, and investigation; and

(G) Provision of training to local law enforcement agencies and multi-jurisdiction task forces relative to motor vehicle related crime prevention, reduction, and investigation; and

(H) Production of public awareness materials and programs relating to motor vehicle related crime prevention;

(H) Production of public awareness materials and programs relating to motor vehicle related crime prevention;

(2) Promote state-wide planning and coordination of the investigation and prosecution of crimes relating to motor vehicle and motor vehicle parts theft;

(2) Promote state-wide planning and coordination of the investigation and prosecution of crimes relating to motor vehicle and motor vehicle parts theft;

(3) Provide support to local prosecutors handling motor vehicle and motor vehicle parts theft related prosecutions; and

(3) Provide support to local prosecutors handling motor vehicle and motor vehicle parts theft related prosecutions; and

(4) Provide support to multi-jurisdiction task forces established by local law enforcement agencies for the purpose of preventing, reducing, and investigating motor vehicle related crime.

(4) Provide support to multi-jurisdiction task forces established by local law enforcement agencies for the purpose of preventing, reducing, and investigating motor vehicle related crime.

(b)(1) Any grant awarded pursuant to this Code section shall be upon recommendation from and after consideration by the Georgia Motor Vehicle Crime Prevention Advisory Board. Each grant application shall describe the type of motor vehicle related crime prevention, reduction, investigation, enforcement, prosecution, or offender rehabilitation program to be implemented. Such programs may include, but shall not be limited to: (A) Multi-jurisdiction task forces and programs utilizing the National Insurance Crime Bureau task force which reduce motor vehicle related crime and increase the apprehension of motor vehicle and motor vehicle parts thieves and persons who attempt to defraud insurance companies; (B) Motor vehicle related crime prevention efforts, activities, and public awareness campaigns intended to reduce victimization by motor vehicle related crime and fraud; (C) The provision of specialized training for motor vehicle related crime investigation personnel, including, but not limited to, law enforcement personnel, local motor vehicle registration agents and title clerks, and port facility employees, in order to enhance knowledge, skills, procedures, and systems to detect, prevent, and combat motor vehicle related crime and fraud; (D) The provision of support and maintenance by one or more dedicated prosecutors who have the specific mission and expertise to provide legal guidance and prosecutorial continuity to complex criminal cases arising from the activities of a multi-jurisdiction task force; and (E) The prevention of future criminal behavior by first-time offenders who have been charged, convicted, or adjudicated for a motor vehicle related crime. (2) To the extent possible, grants awarded pursuant to this Code section shall be awarded to local law enforcement agencies, multi-jurisdiction task forces, or other qualified applicants in a variety of geographic areas of the state. The ability to contribute additional moneys or match funding for a program shall not be required as a condition of receipt of a grant pursuant to this Code section.

(b)(1) Any grant awarded pursuant to this Code section shall be upon recommendation from and after consideration by the Georgia Motor Vehicle Crime Prevention Advisory Board. Each grant application shall describe the type of motor vehicle related crime prevention, reduction, investigation, enforcement, prosecution, or offender rehabilitation program to be implemented. Such programs may include, but shall not be limited to: (A) Multi-jurisdiction task forces and programs utilizing the National Insurance Crime Bureau task force which reduce motor vehicle related crime and increase the apprehension of motor vehicle and motor vehicle parts thieves and persons who attempt to defraud insurance companies; (B) Motor vehicle related crime prevention efforts, activities, and public awareness campaigns intended to reduce victimization by motor vehicle related crime and fraud; (C) The provision of specialized training for motor vehicle related crime investigation personnel, including, but not limited to, law enforcement personnel, local motor vehicle registration agents and title clerks, and port facility employees, in order to enhance knowledge, skills, procedures, and systems to detect, prevent, and combat motor vehicle related crime and fraud; (D) The provision of support and maintenance by one or more dedicated prosecutors who have the specific mission and expertise to provide legal guidance and prosecutorial continuity to complex criminal cases arising from the activities of a multi-jurisdiction task force; and (E) The prevention of future criminal behavior by first-time offenders who have been charged, convicted, or adjudicated for a motor vehicle related crime.

(b)(1) Any grant awarded pursuant to this Code section shall be upon recommendation from and after consideration by the Georgia Motor Vehicle Crime Prevention Advisory Board. Each grant application shall describe the type of motor vehicle related crime prevention, reduction, investigation, enforcement, prosecution, or offender rehabilitation program to be implemented. Such programs may include, but shall not be limited to:

(A) Multi-jurisdiction task forces and programs utilizing the National Insurance Crime Bureau task force which reduce motor vehicle related crime and increase the apprehension of motor vehicle and motor vehicle parts thieves and persons who attempt to defraud insurance companies;

(A) Multi-jurisdiction task forces and programs utilizing the National Insurance Crime Bureau task force which reduce motor vehicle related crime and increase the apprehension of motor vehicle and motor vehicle parts thieves and persons who attempt to defraud insurance companies;

(B) Motor vehicle related crime prevention efforts, activities, and public awareness campaigns intended to reduce victimization by motor vehicle related crime and fraud;

(B) Motor vehicle related crime prevention efforts, activities, and public awareness campaigns intended to reduce victimization by motor vehicle related crime and fraud;

(C) The provision of specialized training for motor vehicle related crime investigation personnel, including, but not limited to, law enforcement personnel, local motor vehicle registration agents and title clerks, and port facility employees, in order to enhance knowledge, skills, procedures, and systems to detect, prevent, and combat motor vehicle related crime and fraud;

(C) The provision of specialized training for motor vehicle related crime investigation personnel, including, but not limited to, law enforcement personnel, local motor vehicle registration agents and title clerks, and port facility employees, in order to enhance knowledge, skills, procedures, and systems to detect, prevent, and combat motor vehicle related crime and fraud;

(D) The provision of support and maintenance by one or more dedicated prosecutors who have the specific mission and expertise to provide legal guidance and prosecutorial continuity to complex criminal cases arising from the activities of a multi-jurisdiction task force; and

(D) The provision of support and maintenance by one or more dedicated prosecutors who have the specific mission and expertise to provide legal guidance and prosecutorial continuity to complex criminal cases arising from the activities of a multi-jurisdiction task force; and

(E) The prevention of future criminal behavior by first-time offenders who have been charged, convicted, or adjudicated for a motor vehicle related crime.

(E) The prevention of future criminal behavior by first-time offenders who have been charged, convicted, or adjudicated for a motor vehicle related crime.

(2) To the extent possible, grants awarded pursuant to this Code section shall be awarded to local law enforcement agencies, multi-jurisdiction task forces, or other qualified applicants in a variety of geographic areas of the state. The ability to contribute additional moneys or match funding for a program shall not be required as a condition of receipt of a grant pursuant to this Code section.

(2) To the extent possible, grants awarded pursuant to this Code section shall be awarded to local law enforcement agencies, multi-jurisdiction task forces, or other qualified applicants in a variety of geographic areas of the state. The ability to contribute additional moneys or match funding for a program shall not be required as a condition of receipt of a grant pursuant to this Code section.

(c) For the purposes of this Code section, the council may accept and use federal funds granted by Congress or executive order, as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds shall not commit state funds and shall not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available.

(c) For the purposes of this Code section, the council may accept and use federal funds granted by Congress or executive order, as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds shall not commit state funds and shall not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available.

(d) The council shall prepare an annual report relative to activities and programs of the council and any funds received and grants awarded pursuant to this Code section. Such report may include recommendations for changes in state programs, statutes, policies, budgets, and standards relating to improving and supporting the motor vehicle related crime prevention initiatives of local law enforcement agencies and multi-jurisdiction task forces. Such report shall be submitted annually to the General Assembly and the Governor by December 1.

(d) The council shall prepare an annual report relative to activities and programs of the council and any funds received and grants awarded pursuant to this Code section. Such report may include recommendations for changes in state programs, statutes, policies, budgets, and standards relating to improving and supporting the motor vehicle related crime prevention initiatives of local law enforcement agencies and multi-jurisdiction task forces. Such report shall be submitted annually to the General Assembly and the Governor by December 1.

(e) This Code section shall stand repealed on December 31, 2030.

(e) This Code section shall stand repealed on December 31, 2030.
O.C.G.A. § 35-10-10 — GA Code / Title 35 / Chapter 10 / Section 35-10-10
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-10-10
Status: in_force

Any person who violates the provisions of this chapter shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 or more than $5,000.00 or to imprisonment for not less than one or more than five years, or both. Each violation shall constitute a separate offense.
O.C.G.A. § 35-3-2 — GA Code / Title 35 / Chapter 3 / Section 35-3-2
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-2
Status: in_force

There is created a Georgia Bureau of Investigation which shall be a separate department and agency of state government.
O.C.G.A. § 35-3-162 — GA Code / Title 35 / Chapter 3 / Section 35-3-162
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-162
Status: in_force

Whether or not the results of an analysis are to be included in the data bank, the bureau shall conduct the DNA analysis in accordance with procedures adopted by the bureau to determine identification characteristics specific to the individual whose sample is being analyzed. The director or his or her designated representative shall complete and maintain on file a form indicating the name of the person whose sample is to be analyzed, the date and by whom the sample was received and examined, and a statement that the seal on the container containing the sample had not been broken or otherwise tampered with. The remainder of a sample submitted for analysis and inclusion in the data bank pursuant to Code Section 35-3-160 may be divided, if possible, labeled as provided for the original sample, and securely stored by the bureau in accordance with specific procedures of the bureau to ensure the integrity and confidentiality of the samples. All or part of the remainder of that sample may be used only to create a statistical data base provided no identifying information on the individual whose sample is being analyzed is included or for retesting by the bureau to validate or update the original analysis. A report of the results of a DNA analysis conducted by the bureau as authorized, including the identifying information, shall be made and maintained at the bureau. Except as specifically provided in this Code section and Code Section 35-3-163 , the results of the analysis shall be securely stored and shall remain confidential.
O.C.G.A. § 35-3-102 — GA Code / Title 35 / Chapter 3 / Section 35-3-102
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-102
Status: in_force

Whoever, except with the written permission of the director, knowingly uses the words “Georgia Bureau of Investigation,” “GBI,” “agent of the Georgia Bureau of Investigation,” “Division of Forensic Sciences,” “DOFS,” “Georgia Crime Information Center,” “GCIC,” or “State Crime Lab” in referring to Georgia's state crime lab in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production is approved, endorsed, or authorized by or associated with the bureau shall be in violation of this article.
O.C.G.A. § 35-3-8-1 — GA Code / Title 35 / Chapter 3 / Section 35-3-8-1
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-8.1
Status: in_force

(a) Upon request of the governing authority or chief law enforcement officer of any municipality, the sheriff of any county, the chief of the county police force of any county having a population of more than 100,000 according to the United States decennial census of 1970 or any future such census, a judge of the superior court of any county of this state, or the Governor, the director, in unusual circumstances, may, and in the case of a request by the Governor, shall, direct the bureau to render assistance in any criminal case, in the prevention or detection of violations of law, or in the detection or apprehension of persons violating the criminal laws of this state, any other state, or the United States.

(a) Upon request of the governing authority or chief law enforcement officer of any municipality, the sheriff of any county, the chief of the county police force of any county having a population of more than 100,000 according to the United States decennial census of 1970 or any future such census, a judge of the superior court of any county of this state, or the Governor, the director, in unusual circumstances, may, and in the case of a request by the Governor, shall, direct the bureau to render assistance in any criminal case, in the prevention or detection of violations of law, or in the detection or apprehension of persons violating the criminal laws of this state, any other state, or the United States.

(b) The bureau shall be authorized to work independently, work concurrently with other law enforcement agencies, and request the assistance of other law enforcement agencies when, in the sole discretion of the director, such independent work, concurrent work, or request for assistance would not compromise the successful completion of cases involving the identification, investigation, arrest, and prosecution of an individual or groups of individuals for violation of laws concerning domestic, cyber, biological, chemical, and nuclear terrorism.

(b) The bureau shall be authorized to work independently, work concurrently with other law enforcement agencies, and request the assistance of other law enforcement agencies when, in the sole discretion of the director, such independent work, concurrent work, or request for assistance would not compromise the successful completion of cases involving the identification, investigation, arrest, and prosecution of an individual or groups of individuals for violation of laws concerning domestic, cyber, biological, chemical, and nuclear terrorism.
O.C.G.A. § 35-8-13-1 — GA Code / Title 35 / Chapter 8 / Section 35-8-13-1
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-8-13.1
Status: in_force

(a) Any person employed or appointed as a municipal probation officer on or after July 1, 2017, shall not be authorized to exercise the power of arrest as a municipal probation officer unless such person has successfully completed a training course and received certification for municipal probation officers approved by the Georgia Peace Officer Standards and Training Council; provided, however, that such person shall only exercise the power of arrest upon individuals whom he or she is supervising under Article 6 of Chapter 8 of Title 42, unless such person is certified as a peace officer by the Georgia Peace Officer Standards and Training Council.

(a) Any person employed or appointed as a municipal probation officer on or after July 1, 2017, shall not be authorized to exercise the power of arrest as a municipal probation officer unless such person has successfully completed a training course and received certification for municipal probation officers approved by the Georgia Peace Officer Standards and Training Council; provided, however, that such person shall only exercise the power of arrest upon individuals whom he or she is supervising under Article 6 of Chapter 8 of Title 42, unless such person is certified as a peace officer by the Georgia Peace Officer Standards and Training Council.

(b) Persons applying for certification and persons certified by the council under this Code section shall be subject to the powers and authority of the Georgia Peace Officer Standards and Training Council applicable to peace officers as defined in this chapter and shall be required to fulfill all of the requirements of a peace officer, except peace officer training requirements applicable to peace officers only. Such persons shall be required to register with the council. Such registration shall remain in effect for the period of time such person is employed as a municipal probation officer.

(b) Persons applying for certification and persons certified by the council under this Code section shall be subject to the powers and authority of the Georgia Peace Officer Standards and Training Council applicable to peace officers as defined in this chapter and shall be required to fulfill all of the requirements of a peace officer, except peace officer training requirements applicable to peace officers only. Such persons shall be required to register with the council. Such registration shall remain in effect for the period of time such person is employed as a municipal probation officer.

(c) Any person who registers with the council pursuant to this Code section shall not have such registration invalidated upon termination of employment or appointment as a municipal probation officer if subsequent employment or appointment as a municipal probation officer is commenced within 12 months of such prior termination of employment or appointment as a municipal probation officer.

(c) Any person who registers with the council pursuant to this Code section shall not have such registration invalidated upon termination of employment or appointment as a municipal probation officer if subsequent employment or appointment as a municipal probation officer is commenced within 12 months of such prior termination of employment or appointment as a municipal probation officer.

(d) Any municipal probation officer exempted from mandatory compliance with this Code section may choose to be certified under this Code section. If so, the council shall have the authority to recognize instruction received by such municipal probation officer as equivalent to all or part of the instruction required for certification under this Code section.

(d) Any municipal probation officer exempted from mandatory compliance with this Code section may choose to be certified under this Code section. If so, the council shall have the authority to recognize instruction received by such municipal probation officer as equivalent to all or part of the instruction required for certification under this Code section.

(e) The term “municipal probation officer” as used in this Code section means only municipal probation officers employed directly by a municipality or consolidated government and shall not include employees of private probation providers which contract with municipalities or consolidated governments in accordance with the provisions of Article 6 of Chapter 8 of Title 42; provided, however, that the term “municipal probation officer” shall not include probation officers of any municipal corporation which conducts a training course for such officers if such training course is approved by the Georgia Peace Officer Standards and Training Council.

(e) The term “municipal probation officer” as used in this Code section means only municipal probation officers employed directly by a municipality or consolidated government and shall not include employees of private probation providers which contract with municipalities or consolidated governments in accordance with the provisions of Article 6 of Chapter 8 of Title 42; provided, however, that the term “municipal probation officer” shall not include probation officers of any municipal corporation which conducts a training course for such officers if such training course is approved by the Georgia Peace Officer Standards and Training Council.

(f) Any person who has completed the peace officer basic training course and is certified as a peace officer by the Georgia Peace Officer Standards and Training Council may serve as a municipal probation officer without obtaining the municipal probation officer training and certification required by this Code section.

(f) Any person who has completed the peace officer basic training course and is certified as a peace officer by the Georgia Peace Officer Standards and Training Council may serve as a municipal probation officer without obtaining the municipal probation officer training and certification required by this Code section.
O.C.G.A. § 35-3-3 — GA Code / Title 35 / Chapter 3 / Section 35-3-3
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-3
Status: in_force

The Georgia Bureau of Investigation shall be composed of the Investigations Division, the Forensic Sciences Division, the Georgia Crime Information Center Division, the Legal Division, and such other divisions as may be created by the board.
O.C.G.A. § 35-10-8 — GA Code / Title 35 / Chapter 10 / Section 35-10-8
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-10-8
Status: in_force

In addition to any other relief or sanction for a violation of Code Section 35-10-4 or 35-10-5 , where the violation is willful, the local governing authority shall be entitled to collect a civil penalty in the amount of $500.00 for each violation. Further, when there is a finding of willful violation, the local governing authority shall be entitled to recover reasonable attorney's fees for bringing any action against the violator. The local governing authority shall be entitled to seek civil sanctions in the superior court in the county of residence of the violator.
O.C.G.A. § 35-10-6 — GA Code / Title 35 / Chapter 10 / Section 35-10-6
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-10-6
Status: in_force

Any person wishing permission to use the nomenclature or a symbol of a department may submit a written request for such permission to the chief of police or director of public safety. Within 15 calendar days after receipt of the request, the chief of police or director of public safety shall send a notice with his or her recommendation to the local governing authority stating whether the person may use the requested nomenclature or symbol. Within 30 calendar days after receipt of a recommendation from the chief of police or director of public safety, the local governing authority shall send a notice to the requesting party of their decision on whether or not the person may use the requested nomenclature or symbol. If the local governing authority does not respond within the 30 day time period, then the request is presumed to have been approved. The grant of permission under Code Section 35-10-4 or 35-10-5 shall be in the discretion of the local governing authority under such conditions as the local governing authority may impose.
O.C.G.A. § 35-9-6 — GA Code / Title 35 / Chapter 9 / Section 35-9-6
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-9-6
Status: in_force

Each person appointed under Code Sections 35-9-2 through 35-9-5 , this Code section, and Code Sections 35-9-7 through 35-9-12 shall, within 15 days after his certificate of appointment has been issued and before entering upon the duties of his office, take and subscribe the oath prescribed by Code Section 45-3-1 and file it in the office of the appointing authority.
O.C.G.A. § 35-1-22 — GA Code / Title 35 / Chapter 1 / Section 35-1-22
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-1-22
Status: in_force

(a) As used in this Code section, the term: (1) “Automated license plate recognition system” means one or more high-speed cameras combined with computer algorithms used to convert images of license plates into computer readable data. (2) “ Captured license plate data ” means the global positioning device coordinates, date and time, photograph, license plate number, and any other data captured by or derived from an automated license plate recognition system or any other source. (3) “ Law enforcement agency ” means the Department of Public Safety, the Department of Transportation, and any other state, federal, local, public transit, school, college, or university agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, toll violation, regulatory, game, or controlled substance laws. (4) “ Law enforcement purpose ” means the investigation of an offense or activity initiated by a law enforcement agency. (5) “ Person ” means an individual, corporation, company, partnership, firm, association, joint venture, or any other unincorporated association or group.

(a) As used in this Code section, the term:

(1) “Automated license plate recognition system” means one or more high-speed cameras combined with computer algorithms used to convert images of license plates into computer readable data.

(1) “Automated license plate recognition system” means one or more high-speed cameras combined with computer algorithms used to convert images of license plates into computer readable data.

(2) “ Captured license plate data ” means the global positioning device coordinates, date and time, photograph, license plate number, and any other data captured by or derived from an automated license plate recognition system or any other source.

(2) “ Captured license plate data ” means the global positioning device coordinates, date and time, photograph, license plate number, and any other data captured by or derived from an automated license plate recognition system or any other source.

(3) “ Law enforcement agency ” means the Department of Public Safety, the Department of Transportation, and any other state, federal, local, public transit, school, college, or university agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, toll violation, regulatory, game, or controlled substance laws.

(3) “ Law enforcement agency ” means the Department of Public Safety, the Department of Transportation, and any other state, federal, local, public transit, school, college, or university agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, toll violation, regulatory, game, or controlled substance laws.

(4) “ Law enforcement purpose ” means the investigation of an offense or activity initiated by a law enforcement agency.

(4) “ Law enforcement purpose ” means the investigation of an offense or activity initiated by a law enforcement agency.

(5) “ Person ” means an individual, corporation, company, partnership, firm, association, joint venture, or any other unincorporated association or group.

(5) “ Person ” means an individual, corporation, company, partnership, firm, association, joint venture, or any other unincorporated association or group.

(b) Law enforcement agencies may collect captured license plate data. Such data shall be stored immediately upon collection and not accessed except for a law enforcement purpose. All such data collected shall be destroyed no later than 30 months after such data were originally collected unless such data are the subject matter of a toll violation or for a law enforcement purpose.

(b) Law enforcement agencies may collect captured license plate data. Such data shall be stored immediately upon collection and not accessed except for a law enforcement purpose. All such data collected shall be destroyed no later than 30 months after such data were originally collected unless such data are the subject matter of a toll violation or for a law enforcement purpose.

(c) Law enforcement agencies may exchange or share captured license plate data with other law enforcement agencies for law enforcement purposes.

(c) Law enforcement agencies may exchange or share captured license plate data with other law enforcement agencies for law enforcement purposes.

(d)(1) Any person who knowingly requests, uses, obtains, or attempts to obtain captured license plate data of a law enforcement agency under false pretenses or for any purpose other than for a law enforcement purpose shall for each such offense, upon conviction thereof, be guilty of a misdemeanor of a high and aggravated nature. (2) Nothing in this Code section shall be construed to preclude a law enforcement agency from contracting with a person to hold and maintain captured license plate data for such law enforcement agency; provided, however, that such person shall be subject to the policies of the law enforcement agency and paragraph (1) of this subsection.

(d)(1) Any person who knowingly requests, uses, obtains, or attempts to obtain captured license plate data of a law enforcement agency under false pretenses or for any purpose other than for a law enforcement purpose shall for each such offense, upon conviction thereof, be guilty of a misdemeanor of a high and aggravated nature.

(d)(1) Any person who knowingly requests, uses, obtains, or attempts to obtain captured license plate data of a law enforcement agency under false pretenses or for any purpose other than for a law enforcement purpose shall for each such offense, upon conviction thereof, be guilty of a misdemeanor of a high and aggravated nature.

(2) Nothing in this Code section shall be construed to preclude a law enforcement agency from contracting with a person to hold and maintain captured license plate data for such law enforcement agency; provided, however, that such person shall be subject to the policies of the law enforcement agency and paragraph (1) of this subsection.

(2) Nothing in this Code section shall be construed to preclude a law enforcement agency from contracting with a person to hold and maintain captured license plate data for such law enforcement agency; provided, however, that such person shall be subject to the policies of the law enforcement agency and paragraph (1) of this subsection.

(e) Any law enforcement agency deploying an automated license plate recognition system shall maintain policies for the use and operation of such system, including but not limited to policies for the training of law enforcement officers in the use of captured license plate data consistent with this Code section.

(e) Any law enforcement agency deploying an automated license plate recognition system shall maintain policies for the use and operation of such system, including but not limited to policies for the training of law enforcement officers in the use of captured license plate data consistent with this Code section.

(f) Captured license plate data collected by a law enforcement agency shall not be subject to public disclosure pursuant to Article 4 of Chapter 18 of Title 50.

(f) Captured license plate data collected by a law enforcement agency shall not be subject to public disclosure pursuant to Article 4 of Chapter 18 of Title 50.
O.C.G.A. § 35-1-5 — GA Code / Title 35 / Chapter 1 / Section 35-1-5
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-1-5
Status: in_force

(a) It shall be a misdemeanor for any person, firm, or corporation to use the same wavelength of the radio system adopted by the department without the prior written authorization of the commissioner or to do any act interfering with the proper receipt or transmission of information relating to the department or any division thereof.

(a) It shall be a misdemeanor for any person, firm, or corporation to use the same wavelength of the radio system adopted by the department without the prior written authorization of the commissioner or to do any act interfering with the proper receipt or transmission of information relating to the department or any division thereof.

(b) It shall be a misdemeanor for any person, firm, or corporation to use the same wavelength of the radio system adopted by the Georgia Bureau of Investigation without the prior written authorization of the director or to do any act interfering with the proper receipt or transmission of information relating to the Georgia Bureau of Investigation.

(b) It shall be a misdemeanor for any person, firm, or corporation to use the same wavelength of the radio system adopted by the Georgia Bureau of Investigation without the prior written authorization of the director or to do any act interfering with the proper receipt or transmission of information relating to the Georgia Bureau of Investigation.
O.C.G.A. § 35-3-173 — GA Code / Title 35 / Chapter 3 / Section 35-3-173
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-173
Status: in_force

(a) The director is the state-wide coordinator of the alert system.

(a) The director is the state-wide coordinator of the alert system.

(b) The director shall adopt rules and issue directives as necessary to ensure proper implementation of the alert system. The rules and directives shall include instructions on the procedures for activating and deactivating the alert system.

(b) The director shall adopt rules and issue directives as necessary to ensure proper implementation of the alert system. The rules and directives shall include instructions on the procedures for activating and deactivating the alert system.

(c) The director shall prescribe forms for use by local law enforcement agencies in requesting activation of the alert system.

(c) The director shall prescribe forms for use by local law enforcement agencies in requesting activation of the alert system.

(d) No rule or directive adopted by the director shall mandate a minimum waiting period before the alert system may be activated or a request by local law enforcement agencies may be submitted to the bureau; provided, however, that it shall remain within the discretion of the director, as provided in this article, whether the alert system shall be activated at the request of a local law enforcement agency.

(d) No rule or directive adopted by the director shall mandate a minimum waiting period before the alert system may be activated or a request by local law enforcement agencies may be submitted to the bureau; provided, however, that it shall remain within the discretion of the director, as provided in this article, whether the alert system shall be activated at the request of a local law enforcement agency.

(e) When making a determination whether to activate or whether to request the activation of a state-wide missing person alert system, both the director and the requesting local law enforcement agency shall take into consideration the known medical condition of the missing person if the medical condition may reasonably be considered a cause for the inability to locate such missing person. In so considering the medical condition of a missing person, particularly if such condition may be immediately life-threatening or incapacitating, the director or other authorized person and the requesting law enforcement official shall be authorized, within his or her discretion, to initiate and request, respectively, a state-wide endangered person advisory.

(e) When making a determination whether to activate or whether to request the activation of a state-wide missing person alert system, both the director and the requesting local law enforcement agency shall take into consideration the known medical condition of the missing person if the medical condition may reasonably be considered a cause for the inability to locate such missing person. In so considering the medical condition of a missing person, particularly if such condition may be immediately life-threatening or incapacitating, the director or other authorized person and the requesting law enforcement official shall be authorized, within his or her discretion, to initiate and request, respectively, a state-wide endangered person advisory.
O.C.G.A. § 35-3-80 — GA Code / Title 35 / Chapter 3 / Section 35-3-80
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-80
Status: in_force

As used in this article, the term:

(1) “Missing child” or “missing children” means a person or persons under the age of 18 years whose temporary or permanent residences are in, or are believed to be in, this state and who have been reported as missing to a law enforcement agency and whose location cannot be determined by that law enforcement agency.

(1) “Missing child” or “missing children” means a person or persons under the age of 18 years whose temporary or permanent residences are in, or are believed to be in, this state and who have been reported as missing to a law enforcement agency and whose location cannot be determined by that law enforcement agency.

(2) “Missing child report” means a report prepared on a form designed by the Georgia Bureau of Investigation for the use by law enforcement agencies and private citizens to report information about missing children to the Missing Children Information Center.

(2) “Missing child report” means a report prepared on a form designed by the Georgia Bureau of Investigation for the use by law enforcement agencies and private citizens to report information about missing children to the Missing Children Information Center.
O.C.G.A. § 35-8-3 — GA Code / Title 35 / Chapter 8 / Section 35-8-3
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-8-3
Status: in_force

(a) The Georgia Peace Officer Standards and Training Council is established. The council shall consist of 22 voting members and five advisory members.

(a) The Georgia Peace Officer Standards and Training Council is established. The council shall consist of 22 voting members and five advisory members.

(b) The voting members shall consist of: (1) An appointee of the Governor who is not the Attorney General, the commissioner of public safety or his or her designee, the director of investigation of the Georgia Bureau of Investigation or his or her designee, the president of the Georgia Association of Chiefs of Police or his or her designee, the president of the Georgia Sheriffs Association or his or her designee, the president of the Georgia Municipal Association or his or her designee, the president of the Association County Commissioners of Georgia or his or her designee, the president of the Peace Officers' Association of Georgia or his or her designee, the commissioner of corrections or his or her designee, the commissioner of community supervision or his or her designee, the chairperson of the State Board of Pardons and Paroles or his or her designee, the president of the Georgia Prison Wardens Association or his or her designee, the commissioner of juvenile justice or his or her designee, and the commissioner of natural resources or his or her designee, who shall be ex officio members of the council; (2) Six members who shall be appointed by the Governor for terms of four years, their initial appointments, however, being two for four-year terms, two for three-year terms, and two for two-year terms. Appointments shall be made so that there are always on the council the following persons who are appointed by the Governor: one chief of police; two municipal police officers other than a chief of police; one county sheriff; one city manager or mayor; and one county commissioner. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. Vacancies shall be filled in the same manner as the original appointment, and successors shall serve for the unexpired term. Any member may be appointed for additional terms; and (3) Two members who are peace officers and who shall be appointed by the Governor for terms of four years. Neither person shall serve beyond the time he or she is actively employed or serves as a peace officer. Vacancies shall be filled in the same manner as the original appointment, and successors shall serve for the unexpired term.

(b) The voting members shall consist of:

(1) An appointee of the Governor who is not the Attorney General, the commissioner of public safety or his or her designee, the director of investigation of the Georgia Bureau of Investigation or his or her designee, the president of the Georgia Association of Chiefs of Police or his or her designee, the president of the Georgia Sheriffs Association or his or her designee, the president of the Georgia Municipal Association or his or her designee, the president of the Association County Commissioners of Georgia or his or her designee, the president of the Peace Officers' Association of Georgia or his or her designee, the commissioner of corrections or his or her designee, the commissioner of community supervision or his or her designee, the chairperson of the State Board of Pardons and Paroles or his or her designee, the president of the Georgia Prison Wardens Association or his or her designee, the commissioner of juvenile justice or his or her designee, and the commissioner of natural resources or his or her designee, who shall be ex officio members of the council;

(1) An appointee of the Governor who is not the Attorney General, the commissioner of public safety or his or her designee, the director of investigation of the Georgia Bureau of Investigation or his or her designee, the president of the Georgia Association of Chiefs of Police or his or her designee, the president of the Georgia Sheriffs Association or his or her designee, the president of the Georgia Municipal Association or his or her designee, the president of the Association County Commissioners of Georgia or his or her designee, the president of the Peace Officers' Association of Georgia or his or her designee, the commissioner of corrections or his or her designee, the commissioner of community supervision or his or her designee, the chairperson of the State Board of Pardons and Paroles or his or her designee, the president of the Georgia Prison Wardens Association or his or her designee, the commissioner of juvenile justice or his or her designee, and the commissioner of natural resources or his or her designee, who shall be ex officio members of the council;

(2) Six members who shall be appointed by the Governor for terms of four years, their initial appointments, however, being two for four-year terms, two for three-year terms, and two for two-year terms. Appointments shall be made so that there are always on the council the following persons who are appointed by the Governor: one chief of police; two municipal police officers other than a chief of police; one county sheriff; one city manager or mayor; and one county commissioner. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. Vacancies shall be filled in the same manner as the original appointment, and successors shall serve for the unexpired term. Any member may be appointed for additional terms; and

(2) Six members who shall be appointed by the Governor for terms of four years, their initial appointments, however, being two for four-year terms, two for three-year terms, and two for two-year terms. Appointments shall be made so that there are always on the council the following persons who are appointed by the Governor: one chief of police; two municipal police officers other than a chief of police; one county sheriff; one city manager or mayor; and one county commissioner. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. Vacancies shall be filled in the same manner as the original appointment, and successors shall serve for the unexpired term. Any member may be appointed for additional terms; and

(3) Two members who are peace officers and who shall be appointed by the Governor for terms of four years. Neither person shall serve beyond the time he or she is actively employed or serves as a peace officer. Vacancies shall be filled in the same manner as the original appointment, and successors shall serve for the unexpired term.

(3) Two members who are peace officers and who shall be appointed by the Governor for terms of four years. Neither person shall serve beyond the time he or she is actively employed or serves as a peace officer. Vacancies shall be filled in the same manner as the original appointment, and successors shall serve for the unexpired term.

(c) Five advisory members shall be appointed by the council to serve on the council in an advisory capacity only without voting privileges.

(c) Five advisory members shall be appointed by the council to serve on the council in an advisory capacity only without voting privileges.

(d) Membership on the council does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership.

(d) Membership on the council does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership.

(e) The council is assigned to the Department of Public Safety for administrative purposes only, as prescribed in Code Section 50-4-3 .

(e) The council is assigned to the Department of Public Safety for administrative purposes only, as prescribed in Code Section 50-4-3 .
O.C.G.A. § 35-2-34 — GA Code / Title 35 / Chapter 2 / Section 35-2-34
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-2-34
Status: in_force

The headquarters staff shall be composed of the commissioner, deputy commissioner, and such other commissioned and noncommissioned officers, troopers, and clerical personnel as the commissioner deems necessary for use at headquarters.
O.C.G.A. § 35-9-9 — GA Code / Title 35 / Chapter 9 / Section 35-9-9
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-9-9
Status: in_force

(a) Each person appointed as a special policeman under Code Sections 35-9-2 through 35-9-8 , this Code section, and Code Sections 35-9-10 through 35-9-12 shall: (1) Be charged with the duty of protecting and preserving the property described in the application for his appointment; (2) Have power to arrest all persons trespassing or committing offenses or crimes on the property described in the application for his appointment; (3) Have and may exercise the powers of a peace officer, but only upon the property or in connection with the property described in the application for his appointment; and (4) Have power to possess and carry such firearms and other weapons while on duty as may be prescribed by the appointing authority.

(a) Each person appointed as a special policeman under Code Sections 35-9-2 through 35-9-8 , this Code section, and Code Sections 35-9-10 through 35-9-12 shall:

(1) Be charged with the duty of protecting and preserving the property described in the application for his appointment;

(1) Be charged with the duty of protecting and preserving the property described in the application for his appointment;

(2) Have power to arrest all persons trespassing or committing offenses or crimes on the property described in the application for his appointment;

(2) Have power to arrest all persons trespassing or committing offenses or crimes on the property described in the application for his appointment;

(3) Have and may exercise the powers of a peace officer, but only upon the property or in connection with the property described in the application for his appointment; and

(3) Have and may exercise the powers of a peace officer, but only upon the property or in connection with the property described in the application for his appointment; and

(4) Have power to possess and carry such firearms and other weapons while on duty as may be prescribed by the appointing authority.

(4) Have power to possess and carry such firearms and other weapons while on duty as may be prescribed by the appointing authority.

(b) When on duty, a special policeman shall wear a metallic badge upon which shall be inscribed the words “special policeman.”

(b) When on duty, a special policeman shall wear a metallic badge upon which shall be inscribed the words “special policeman.”

(c) Whenever a person appointed as a special policeman shall change his residence, he shall forthwith give notice of his new address to the appointing authority.

(c) Whenever a person appointed as a special policeman shall change his residence, he shall forthwith give notice of his new address to the appointing authority.
O.C.G.A. § 35-1-16 — GA Code / Title 35 / Chapter 1 / Section 35-1-16
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-1-16
Status: in_force

(a) The Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center shall establish guidelines and procedures for the incorporation of training materials and information in: (1) Methods for identifying, combating, and reporting incidents where a person has been trafficked for labor or sexual servitude, as such terms are defined in Code Section 16-5-46 ; (2) Methods for providing proper detention facilities or alternatives to detention facilities for persons who have been trafficked for labor or sexual servitude, as such terms are defined in Code Section 16-5-46 , including providing information on therapeutic facilities for such persons; and (3) Methods for assisting persons who have been trafficked for labor or sexual servitude, as such terms are defined in Code Section 16-5-46 , including providing information on social service organizations available to assist such person.

(a) The Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center shall establish guidelines and procedures for the incorporation of training materials and information in:

(1) Methods for identifying, combating, and reporting incidents where a person has been trafficked for labor or sexual servitude, as such terms are defined in Code Section 16-5-46 ;

(1) Methods for identifying, combating, and reporting incidents where a person has been trafficked for labor or sexual servitude, as such terms are defined in Code Section 16-5-46 ;

(2) Methods for providing proper detention facilities or alternatives to detention facilities for persons who have been trafficked for labor or sexual servitude, as such terms are defined in Code Section 16-5-46 , including providing information on therapeutic facilities for such persons; and

(2) Methods for providing proper detention facilities or alternatives to detention facilities for persons who have been trafficked for labor or sexual servitude, as such terms are defined in Code Section 16-5-46 , including providing information on therapeutic facilities for such persons; and

(3) Methods for assisting persons who have been trafficked for labor or sexual servitude, as such terms are defined in Code Section 16-5-46 , including providing information on social service organizations available to assist such person.

(3) Methods for assisting persons who have been trafficked for labor or sexual servitude, as such terms are defined in Code Section 16-5-46 , including providing information on social service organizations available to assist such person.

(b) The guidelines and procedures listed in subsection (a) of this Code section shall be for use by law enforcement training centers monitored by the Georgia Peace Officer Standards and Training Council and monitored and funded by the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight.

(b) The guidelines and procedures listed in subsection (a) of this Code section shall be for use by law enforcement training centers monitored by the Georgia Peace Officer Standards and Training Council and monitored and funded by the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight.
O.C.G.A. § 35-9-14 — GA Code / Title 35 / Chapter 9 / Section 35-9-14
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-9-14
Status: in_force

Any person knowing of the revocation of his appointment as a special policeman or having in any manner received notice thereof who exercises or attempts to exercise any of the powers of a special policeman under Code Sections 35-9-2 through 35-9-12 shall be guilty of a misdemeanor. The filing and mailing of the notice of revocation of the appointment as provided in Code Section 35-9-11 shall be presumptive evidence that the person whose appointment was revoked knew of the revocation.
O.C.G.A. § 35-2-84 — GA Code / Title 35 / Chapter 2 / Section 35-2-84
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-2-84
Status: in_force

Any person wishing permission to use either department nomenclature or symbols may request such permission in writing to the commissioner. The commissioner shall serve notice on the requesting party within 15 calendar days after receipt of the request of his or her decision on whether the person may use the nomenclature or the symbol. If the commissioner does not respond within the 15 day time period, then the request is presumed to have been denied. The grant of permission under Code Section 35-2-82 or 35-2-83 shall be in the discretion of the commissioner under such conditions as the commissioner may impose. If the commissioner denies such request and the person making such request reasonably believes that the commissioner has acted in bad faith or based on an illegal motive, then the person may, within 15 days after the person's request was denied or granted on limited terms, file an appeal with the Board of Public Safety. The matter will then be considered before the board, but the burden will be with the person making the request to show that the request was improperly denied or limited.
O.C.G.A. § 35-2-44 — GA Code / Title 35 / Chapter 2 / Section 35-2-44
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-2-44
Status: in_force

It shall be the duty of the commissioner, subject to the laws of this state, to arrange for the enlistment and examination of applicants for service as troopers or officers of the Uniform Division of the Department of Public Safety, to provide the necessary preliminary training and subsequent instruction of troopers and recruits as peace officers of this state, and to make all necessary rules and regulations for the discipline, conduct, and control of all officers, troopers, and other employees of the department.
O.C.G.A. § 35-1-17 — GA Code / Title 35 / Chapter 1 / Section 35-1-17
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-1-17
Status: in_force

(a) Legislative intent. It is the intent of the General Assembly to encourage Georgia law enforcement officials to work in conjunction with federal immigration authorities and to utilize all resources made available by the federal government to assist state and local law enforcement officers in the enforcement of the immigration laws of this state and of the United States.

(a) Legislative intent. It is the intent of the General Assembly to encourage Georgia law enforcement officials to work in conjunction with federal immigration authorities and to utilize all resources made available by the federal government to assist state and local law enforcement officers in the enforcement of the immigration laws of this state and of the United States.

(b) Cooperation with federal authorities. (1) To the extent authorized by federal law, state and local government employees, including law enforcement officers and prosecuting attorneys, shall be authorized to send, receive, and maintain information relating to the immigration status of any individual as reasonably needed for public safety purposes. Except as provided by federal law, such employees shall not be prohibited from receiving or maintaining information relating to the immigration status of any individual or sending or exchanging such information with other federal, state, or local governmental entities or employees for official public safety purposes. (2) State and local agencies shall be authorized to enter into memorandums of understanding and agreements with the United States Department of Justice, the Department of Homeland Security, or any other federal agency for the purpose of enforcing federal immigration and customs laws and the detention, removal, and investigation of illegal aliens and the immigration status of any person in this state. A peace officer acting within the scope of his or her authority under any such memorandum of understanding, agreement, or other authorization from the federal government shall have the power to arrest, with probable cause, any person suspected of being an illegal alien. (3) Except as provided by federal law, no state or local agency or department shall be prohibited from utilizing available federal resources, including data bases, equipment, grant funds, training, or participation in incentive programs for any public safety purpose related to the enforcement of state and federal immigration laws. (4) When reasonably possible, applicable state agencies shall consider incentive programs and grant funding for the purpose of assisting and encouraging state and local agencies and departments to enter into agreements with federal entities and to utilize federal resources consistent with the provisions of this Code section.

(b) Cooperation with federal authorities.

(1) To the extent authorized by federal law, state and local government employees, including law enforcement officers and prosecuting attorneys, shall be authorized to send, receive, and maintain information relating to the immigration status of any individual as reasonably needed for public safety purposes. Except as provided by federal law, such employees shall not be prohibited from receiving or maintaining information relating to the immigration status of any individual or sending or exchanging such information with other federal, state, or local governmental entities or employees for official public safety purposes.

(1) To the extent authorized by federal law, state and local government employees, including law enforcement officers and prosecuting attorneys, shall be authorized to send, receive, and maintain information relating to the immigration status of any individual as reasonably needed for public safety purposes. Except as provided by federal law, such employees shall not be prohibited from receiving or maintaining information relating to the immigration status of any individual or sending or exchanging such information with other federal, state, or local governmental entities or employees for official public safety purposes.

(2) State and local agencies shall be authorized to enter into memorandums of understanding and agreements with the United States Department of Justice, the Department of Homeland Security, or any other federal agency for the purpose of enforcing federal immigration and customs laws and the detention, removal, and investigation of illegal aliens and the immigration status of any person in this state. A peace officer acting within the scope of his or her authority under any such memorandum of understanding, agreement, or other authorization from the federal government shall have the power to arrest, with probable cause, any person suspected of being an illegal alien.

(2) State and local agencies shall be authorized to enter into memorandums of understanding and agreements with the United States Department of Justice, the Department of Homeland Security, or any other federal agency for the purpose of enforcing federal immigration and customs laws and the detention, removal, and investigation of illegal aliens and the immigration status of any person in this state. A peace officer acting within the scope of his or her authority under any such memorandum of understanding, agreement, or other authorization from the federal government shall have the power to arrest, with probable cause, any person suspected of being an illegal alien.

(3) Except as provided by federal law, no state or local agency or department shall be prohibited from utilizing available federal resources, including data bases, equipment, grant funds, training, or participation in incentive programs for any public safety purpose related to the enforcement of state and federal immigration laws.

(3) Except as provided by federal law, no state or local agency or department shall be prohibited from utilizing available federal resources, including data bases, equipment, grant funds, training, or participation in incentive programs for any public safety purpose related to the enforcement of state and federal immigration laws.

(4) When reasonably possible, applicable state agencies shall consider incentive programs and grant funding for the purpose of assisting and encouraging state and local agencies and departments to enter into agreements with federal entities and to utilize federal resources consistent with the provisions of this Code section.

(4) When reasonably possible, applicable state agencies shall consider incentive programs and grant funding for the purpose of assisting and encouraging state and local agencies and departments to enter into agreements with federal entities and to utilize federal resources consistent with the provisions of this Code section.

(c) Authority to transport illegal aliens. If a state or local law enforcement officer has verification that a person is an illegal alien, then such officer shall be authorized to securely transport such illegal alien to a federal facility in this state or to any other temporary point of detention and to reasonably detain such illegal alien when authorized by federal law. Nothing in this Code section shall be construed to hinder or prevent a peace officer or law enforcement agency from arresting or detaining any criminal suspect on other criminal charges.

(c) Authority to transport illegal aliens. If a state or local law enforcement officer has verification that a person is an illegal alien, then such officer shall be authorized to securely transport such illegal alien to a federal facility in this state or to any other temporary point of detention and to reasonably detain such illegal alien when authorized by federal law. Nothing in this Code section shall be construed to hinder or prevent a peace officer or law enforcement agency from arresting or detaining any criminal suspect on other criminal charges.

(d) Authority to arrest illegal aliens. When authorized by federal law, a state or local law enforcement officer shall be authorized to arrest any person based on such person's status as an illegal alien or for a violation of any federal immigration law.

(d) Authority to arrest illegal aliens. When authorized by federal law, a state or local law enforcement officer shall be authorized to arrest any person based on such person's status as an illegal alien or for a violation of any federal immigration law.

(e) Immunity. A law enforcement officer or government official or employee, acting in good faith to enforce immigration laws pursuant to an agreement with federal authorities to collect or share immigration status information, or to carry out any provision of this Code section, shall have immunity from damages or liability from such actions.

(e) Immunity. A law enforcement officer or government official or employee, acting in good faith to enforce immigration laws pursuant to an agreement with federal authorities to collect or share immigration status information, or to carry out any provision of this Code section, shall have immunity from damages or liability from such actions.
O.C.G.A. § 35-2-39 — GA Code / Title 35 / Chapter 2 / Section 35-2-39
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-2-39
Status: in_force

The commissioner is authorized, with the approval of the board, to provide comfortable barracks and quarters for the officers and troopers of the Uniform Division.
O.C.G.A. § 35-2-102 — GA Code / Title 35 / Chapter 2 / Section 35-2-102
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-2-102
Status: in_force

(a) The commissioner is authorized to establish a position to be known as “weight inspector” within the Motor Carrier Compliance Enforcement Section of the Department of Public Safety. Weight inspectors shall be assigned to fixed scales facilities and shall not be authorized to operate outside such facilities. The number of such positions shall be determined by the commissioner within the limits set by available appropriations. Weight inspectors may be divided into such ranks as the commissioner deems appropriate.

(a) The commissioner is authorized to establish a position to be known as “weight inspector” within the Motor Carrier Compliance Enforcement Section of the Department of Public Safety. Weight inspectors shall be assigned to fixed scales facilities and shall not be authorized to operate outside such facilities. The number of such positions shall be determined by the commissioner within the limits set by available appropriations. Weight inspectors may be divided into such ranks as the commissioner deems appropriate.

(b) The commissioner shall ensure that a weight inspector is properly trained regarding laws governing commercial motor vehicle weight, registration, size, and load, including, but not limited to, commercial motor vehicle provisions in Article 2 of Chapter 6 of Title 32 and safety standards for commercial motor vehicles and such motor vehicle components. The training required in the areas required by this subsection shall be equivalent to training provided to certified officers in the Motor Carrier Compliance Enforcement Section.

(b) The commissioner shall ensure that a weight inspector is properly trained regarding laws governing commercial motor vehicle weight, registration, size, and load, including, but not limited to, commercial motor vehicle provisions in Article 2 of Chapter 6 of Title 32 and safety standards for commercial motor vehicles and such motor vehicle components. The training required in the areas required by this subsection shall be equivalent to training provided to certified officers in the Motor Carrier Compliance Enforcement Section.

(c) A weight inspector, at the fixed scales facility, shall be authorized to: (1) Enforce noncriminal provisions relating to commercial motor vehicle weight, registration, size, and load and assess a civil penalty for a violation of such provisions; and (2) Detain a commercial motor vehicle that: (A) Has a safety defect which is critical to the continued safe operation of the vehicle; (B) Is being operated in violation of any criminal law; or (C) Is being operated in violation of an out-of-service order as reported on the federal Safety and Fitness Electronic Records data base. The detention authorized by this paragraph shall be for the purpose of contacting a certified member of the Motor Carrier Compliance Enforcement Section or Georgia State Patrol. A certified officer shall report to the scene of a detained vehicle and take any further action deemed appropriate including completing the inspection and investigation, making an arrest, or bringing criminal or civil charges.

(c) A weight inspector, at the fixed scales facility, shall be authorized to:

(1) Enforce noncriminal provisions relating to commercial motor vehicle weight, registration, size, and load and assess a civil penalty for a violation of such provisions; and

(1) Enforce noncriminal provisions relating to commercial motor vehicle weight, registration, size, and load and assess a civil penalty for a violation of such provisions; and

(2) Detain a commercial motor vehicle that: (A) Has a safety defect which is critical to the continued safe operation of the vehicle; (B) Is being operated in violation of any criminal law; or (C) Is being operated in violation of an out-of-service order as reported on the federal Safety and Fitness Electronic Records data base.

(2) Detain a commercial motor vehicle that:

(A) Has a safety defect which is critical to the continued safe operation of the vehicle;

(A) Has a safety defect which is critical to the continued safe operation of the vehicle;

(B) Is being operated in violation of any criminal law; or

(B) Is being operated in violation of any criminal law; or

(C) Is being operated in violation of an out-of-service order as reported on the federal Safety and Fitness Electronic Records data base.

(C) Is being operated in violation of an out-of-service order as reported on the federal Safety and Fitness Electronic Records data base.

The detention authorized by this paragraph shall be for the purpose of contacting a certified member of the Motor Carrier Compliance Enforcement Section or Georgia State Patrol. A certified officer shall report to the scene of a detained vehicle and take any further action deemed appropriate including completing the inspection and investigation, making an arrest, or bringing criminal or civil charges.

(d) At all times while a weight inspector is on duty, there shall be a supervisor over the weight inspector also on duty who shall be a certified peace officer.

(d) At all times while a weight inspector is on duty, there shall be a supervisor over the weight inspector also on duty who shall be a certified peace officer.
O.C.G.A. § 35-3-34-2 — GA Code / Title 35 / Chapter 3 / Section 35-3-34-2
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-34.2
Status: in_force

(a) It is the purpose of this Code section to authorize and facilitate, but not require, the exchange of national criminal history background checks with authorized agencies on behalf of qualified entities as authorized under federal law.

(a) It is the purpose of this Code section to authorize and facilitate, but not require, the exchange of national criminal history background checks with authorized agencies on behalf of qualified entities as authorized under federal law.

(b) As used in this Code section, the term: (1) “ Authorized agency ” means any local government agency designated to report, receive, or disseminate information under the NCPA and the VCA. (2) “ Care ” means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities. (3) “ FBI ” means the Federal Bureau of Investigation. (4) “ National criminal history background check ” means a fingerprint based check of state and national criminal history files based on submission of a set of classifiable fingerprints and records fee. (5) “ NCPA ” means the National Child Protection Act of 1993, 42 U.S.C. Sections 3759 , 5101 note, 5119, and 5119a through 5119c. (6) “ ORI ” means an originating agency identifier. (7) “ Provider ” means: (A) A person who: (i) Is employed by or volunteers with a qualified entity; (ii) Owns or operates a qualified entity; or (iii) Has or may have unsupervised access to a person to whom the qualified entity provides care; and (B) A person who: (i) Seeks to be employed by or volunteer with a qualified entity; (ii) Seeks to own or operate a qualified entity; or (iii) Seeks to have or may have unsupervised access to a person to whom the qualified entity provides care. (8) “ Qualified entity ” means a business or organization, whether public, private, for profit, not for profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services. (9) “ VCA ” means the Volunteers for Children Act, 42 U.S.C. Sections 5101 note, 5119a, and 5119b.

(b) As used in this Code section, the term:

(1) “ Authorized agency ” means any local government agency designated to report, receive, or disseminate information under the NCPA and the VCA.

(1) “ Authorized agency ” means any local government agency designated to report, receive, or disseminate information under the NCPA and the VCA.

(2) “ Care ” means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.

(2) “ Care ” means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.

(3) “ FBI ” means the Federal Bureau of Investigation.

(3) “ FBI ” means the Federal Bureau of Investigation.

(4) “ National criminal history background check ” means a fingerprint based check of state and national criminal history files based on submission of a set of classifiable fingerprints and records fee.

(4) “ National criminal history background check ” means a fingerprint based check of state and national criminal history files based on submission of a set of classifiable fingerprints and records fee.

(5) “ NCPA ” means the National Child Protection Act of 1993, 42 U.S.C. Sections 3759 , 5101 note, 5119, and 5119a through 5119c.

(5) “ NCPA ” means the National Child Protection Act of 1993, 42 U.S.C. Sections 3759 , 5101 note, 5119, and 5119a through 5119c.

(6) “ ORI ” means an originating agency identifier.

(6) “ ORI ” means an originating agency identifier.

(7) “ Provider ” means: (A) A person who: (i) Is employed by or volunteers with a qualified entity; (ii) Owns or operates a qualified entity; or (iii) Has or may have unsupervised access to a person to whom the qualified entity provides care; and (B) A person who: (i) Seeks to be employed by or volunteer with a qualified entity; (ii) Seeks to own or operate a qualified entity; or (iii) Seeks to have or may have unsupervised access to a person to whom the qualified entity provides care.

(7) “ Provider ” means:

(A) A person who: (i) Is employed by or volunteers with a qualified entity; (ii) Owns or operates a qualified entity; or (iii) Has or may have unsupervised access to a person to whom the qualified entity provides care; and

(A) A person who:

(i) Is employed by or volunteers with a qualified entity;

(i) Is employed by or volunteers with a qualified entity;

(ii) Owns or operates a qualified entity; or

(ii) Owns or operates a qualified entity; or

(iii) Has or may have unsupervised access to a person to whom the qualified entity provides care; and

(iii) Has or may have unsupervised access to a person to whom the qualified entity provides care; and

(B) A person who: (i) Seeks to be employed by or volunteer with a qualified entity; (ii) Seeks to own or operate a qualified entity; or (iii) Seeks to have or may have unsupervised access to a person to whom the qualified entity provides care.

(B) A person who:

(i) Seeks to be employed by or volunteer with a qualified entity;

(i) Seeks to be employed by or volunteer with a qualified entity;

(ii) Seeks to own or operate a qualified entity; or

(ii) Seeks to own or operate a qualified entity; or

(iii) Seeks to have or may have unsupervised access to a person to whom the qualified entity provides care.

(iii) Seeks to have or may have unsupervised access to a person to whom the qualified entity provides care.

(8) “ Qualified entity ” means a business or organization, whether public, private, for profit, not for profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services.

(8) “ Qualified entity ” means a business or organization, whether public, private, for profit, not for profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services.

(9) “ VCA ” means the Volunteers for Children Act, 42 U.S.C. Sections 5101 note, 5119a, and 5119b.

(9) “ VCA ” means the Volunteers for Children Act, 42 U.S.C. Sections 5101 note, 5119a, and 5119b.

(c) An authorized agency is responsible for the designation of qualified entities within its local jurisdiction and for the submission of national criminal history background checks as authorized under the NCPA and the VCA.

(c) An authorized agency is responsible for the designation of qualified entities within its local jurisdiction and for the submission of national criminal history background checks as authorized under the NCPA and the VCA.

(d) An authorized agency, other than a criminal justice agency as defined in Code Section 35-3-30 , must request an ORI from the FBI for the express purpose of submitting national criminal history background checks under this Code section. Requests shall be made in writing to the FBI through the center.

(d) An authorized agency, other than a criminal justice agency as defined in Code Section 35-3-30 , must request an ORI from the FBI for the express purpose of submitting national criminal history background checks under this Code section. Requests shall be made in writing to the FBI through the center.

(e) National criminal history background checks shall be submitted directly to the center for a state records check; fingerprint cards shall then be forwarded to the FBI for a national check. The responses from both the state and national criminal history background checks shall be returned to the authorized agency.

(e) National criminal history background checks shall be submitted directly to the center for a state records check; fingerprint cards shall then be forwarded to the FBI for a national check. The responses from both the state and national criminal history background checks shall be returned to the authorized agency.

(f) The authorized agency may provide directly to the qualified entity the state criminal history record provided as part of the national criminal history background check.

(f) The authorized agency may provide directly to the qualified entity the state criminal history record provided as part of the national criminal history background check.

(g) An authorized agency shall be responsible for review of the national criminal history record provided as part of the national criminal history background check to determine whether the provider has been convicted of or is under indictment for a crime that bears upon the provider's fitness to have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities and to convey that determination to the qualified entity.

(g) An authorized agency shall be responsible for review of the national criminal history record provided as part of the national criminal history background check to determine whether the provider has been convicted of or is under indictment for a crime that bears upon the provider's fitness to have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities and to convey that determination to the qualified entity.

(h) The qualified entity must obtain the fingerprints of the provider, communicate the fitness determination of the authorized agency to the provider, and notify the provider of his or her right to challenge the accuracy and completeness of any information contained in the national criminal history background check.

(h) The qualified entity must obtain the fingerprints of the provider, communicate the fitness determination of the authorized agency to the provider, and notify the provider of his or her right to challenge the accuracy and completeness of any information contained in the national criminal history background check.

(i) Fees charged for a national criminal history background check shall be determined based on reasonable costs as allowed under federal law.

(i) Fees charged for a national criminal history background check shall be determined based on reasonable costs as allowed under federal law.

(j) The provisions of this Code section shall be supplementary to and not in place of any other law of this state which authorizes or requires background checks.

(j) The provisions of this Code section shall be supplementary to and not in place of any other law of this state which authorizes or requires background checks.

(k) Any person, authorized agency, or qualified entity, or any person who is an employee of an authorized agency or qualified entity, shall not disseminate any criminal history or any information concerning any criminal history except the determination of fitness which such person obtains pursuant to this Code section.

(k) Any person, authorized agency, or qualified entity, or any person who is an employee of an authorized agency or qualified entity, shall not disseminate any criminal history or any information concerning any criminal history except the determination of fitness which such person obtains pursuant to this Code section.
O.C.G.A. § 35-3-65 — GA Code / Title 35 / Chapter 3 / Section 35-3-65
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-65
Status: in_force

The Antiterrorism Task Force shall be authorized to work with and seek the assistance of other law enforcement agencies when, in the sole discretion of the director, such assistance would not compromise the successful completion of the investigations or cases being made.
O.C.G.A. § 35-9-3 — GA Code / Title 35 / Chapter 9 / Section 35-9-3
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-9-3
Status: in_force

Applications under Code Section 35-9-2 shall be made in writing upon forms prescribed by the appointing authority and shall contain the name, age, nationality, and address of each person for whom an appointment as special policeman is sought and such other information concerning the person as the appointing authority may require.
O.C.G.A. § 35-8-21 — GA Code / Title 35 / Chapter 8 / Section 35-8-21
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-8-21
Status: in_force

(a) During calendar year 1999 and during each calendar year thereafter, any person employed or appointed as a peace officer shall complete 20 hours of training as provided in this Code section; provided, however, that any peace officer serving with the Department of Public Safety who is a commissioned officer shall receive annual training as specified by the commissioner of public safety.

(a) During calendar year 1999 and during each calendar year thereafter, any person employed or appointed as a peace officer shall complete 20 hours of training as provided in this Code section; provided, however, that any peace officer serving with the Department of Public Safety who is a commissioned officer shall receive annual training as specified by the commissioner of public safety.

(b) The training required by subsection (a) of this Code section shall be completed in sessions approved or recognized by the Georgia Peace Officer Standards and Training Council.

(b) The training required by subsection (a) of this Code section shall be completed in sessions approved or recognized by the Georgia Peace Officer Standards and Training Council.

(c) Peace officers who satisfactorily complete the basic course of training in accordance with the provisions of this chapter shall be excused from the minimum annual training requirement for the calendar year during which the basic course is completed.

(c) Peace officers who satisfactorily complete the basic course of training in accordance with the provisions of this chapter shall be excused from the minimum annual training requirement for the calendar year during which the basic course is completed.

(d) Any peace officer who does not fulfill the training requirements of this Code section shall lose his or her power of arrest.

(d) Any peace officer who does not fulfill the training requirements of this Code section shall lose his or her power of arrest.

(e) A waiver of the requirement of training provided in this Code section may be granted by the Georgia Peace Officer Standards and Training Council, in its discretion, upon the presentation of evidence by a peace officer that he or she was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the council.

(e) A waiver of the requirement of training provided in this Code section may be granted by the Georgia Peace Officer Standards and Training Council, in its discretion, upon the presentation of evidence by a peace officer that he or she was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the council.

(f) Any person who is registered or certified with the council as a retired peace officer is excused and exempt from compliance with this Code section for the year in which he or she retires. A retired peace officer may voluntarily comply with the requirements of this Code section and, in that event, such retired peace officer shall receive such minimal annual training without payment of any fees or costs, but only if sufficient class space is available. Nothing in this subsection shall be deemed to grant an exemption to persons required to complete the annual training requirement of this Code section.

(f) Any person who is registered or certified with the council as a retired peace officer is excused and exempt from compliance with this Code section for the year in which he or she retires. A retired peace officer may voluntarily comply with the requirements of this Code section and, in that event, such retired peace officer shall receive such minimal annual training without payment of any fees or costs, but only if sufficient class space is available. Nothing in this subsection shall be deemed to grant an exemption to persons required to complete the annual training requirement of this Code section.

(g) Any person required to comply with this Code section shall provide confirmation of his or her training for the previous year to the council in a manner required by the council. Failure to provide the council with confirmation of training in a timely manner or failure to obtain required training in a timely manner shall result in an emergency suspension of the officer's certification by the executive director. The order of emergency suspension issued by the executive director shall be made in writing and shall specify the basis for the determination. The emergency suspension order shall continue in effect until the training requirements are confirmed or a waiver is issued pursuant to subsection (e) of this Code section. An emergency suspension issued pursuant to this subsection shall be automatically withdrawn upon confirmation of required training or the issuance of a waiver by the council.

(g) Any person required to comply with this Code section shall provide confirmation of his or her training for the previous year to the council in a manner required by the council. Failure to provide the council with confirmation of training in a timely manner or failure to obtain required training in a timely manner shall result in an emergency suspension of the officer's certification by the executive director. The order of emergency suspension issued by the executive director shall be made in writing and shall specify the basis for the determination. The emergency suspension order shall continue in effect until the training requirements are confirmed or a waiver is issued pursuant to subsection (e) of this Code section. An emergency suspension issued pursuant to this subsection shall be automatically withdrawn upon confirmation of required training or the issuance of a waiver by the council.
O.C.G.A. § 35-10-3 — GA Code / Title 35 / Chapter 10 / Section 35-10-3
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-10-3
Status: in_force

As used in this chapter, the term:

(1) “Badge” means any official badge used in the past or present by members of municipal or county police departments.

(1) “Badge” means any official badge used in the past or present by members of municipal or county police departments.

(2) “Chief of police” means the chief of police for any municipal or county police department.

(2) “Chief of police” means the chief of police for any municipal or county police department.

(3) “Department” means any municipal or county police department.

(3) “Department” means any municipal or county police department.

(4) “Director of public safety” means the director of public safety for any municipal or county police department.

(4) “Director of public safety” means the director of public safety for any municipal or county police department.

(5) “Emblem” means any official patch or other emblem worn currently or formerly or used by the department to identify the department or its employees.

(5) “Emblem” means any official patch or other emblem worn currently or formerly or used by the department to identify the department or its employees.

(6) “Local governing authority” means, with respect to a county, the governing authority of the county and, with respect to a municipality, the governing authority of the municipality.

(6) “Local governing authority” means, with respect to a county, the governing authority of the county and, with respect to a municipality, the governing authority of the municipality.

(7) “Person” means any person, corporation, organization, or political subdivision of this state.

(7) “Person” means any person, corporation, organization, or political subdivision of this state.

(8) “Willful violator” means any person who knowingly violates the provisions of this chapter. Any person who violates this chapter after being advised in writing by the local governing authority that such person's activity is in violation of this chapter shall be considered a willful violator and shall be considered in willful violation of this chapter. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and in willful violation of this chapter, unless upon learning of the violation he or she immediately terminates the agency or other relationship with such violator.

(8) “Willful violator” means any person who knowingly violates the provisions of this chapter. Any person who violates this chapter after being advised in writing by the local governing authority that such person's activity is in violation of this chapter shall be considered a willful violator and shall be considered in willful violation of this chapter. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and in willful violation of this chapter, unless upon learning of the violation he or she immediately terminates the agency or other relationship with such violator.
O.C.G.A. § 35-8-9 — GA Code / Title 35 / Chapter 8 / Section 35-8-9
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-8-9
Status: in_force

(a) In addition to complying with the preemployment standards as set forth in Code Section 35-8-8 , each and every candidate shall satisfactorily complete a basic training course prior to his or her appointment as a peace officer.

(a) In addition to complying with the preemployment standards as set forth in Code Section 35-8-8 , each and every candidate shall satisfactorily complete a basic training course prior to his or her appointment as a peace officer.

(b) The council shall have the authority to recognize instruction received by a candidate if, in the determination of the council, such instruction is at least equivalent to that required by this chapter. If such instruction is recognized, then it shall be in lieu of part or parts of the minimum hours of instruction required for certification by this chapter.

(b) The council shall have the authority to recognize instruction received by a candidate if, in the determination of the council, such instruction is at least equivalent to that required by this chapter. If such instruction is recognized, then it shall be in lieu of part or parts of the minimum hours of instruction required for certification by this chapter.

(c) Should any candidate fail to complete successfully the basic training requirements specified in this Code section, he or she shall not perform any of the duties of a peace officer involving the power of arrest until such training shall have been successfully completed.

(c) Should any candidate fail to complete successfully the basic training requirements specified in this Code section, he or she shall not perform any of the duties of a peace officer involving the power of arrest until such training shall have been successfully completed.

(d) A municipal correctional institution covered under the provisions of subparagraph (C) of paragraph (7) and subparagraph (C) of paragraph (8) of Code Section 35-8-2 shall not be permitted to have more than ten correctional officers in any 12 month period take the basic training course necessary to become a certified peace officer.

(d) A municipal correctional institution covered under the provisions of subparagraph (C) of paragraph (7) and subparagraph (C) of paragraph (8) of Code Section 35-8-2 shall not be permitted to have more than ten correctional officers in any 12 month period take the basic training course necessary to become a certified peace officer.
O.C.G.A. § 35-3-165 — GA Code / Title 35 / Chapter 3 / Section 35-3-165
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-165
Status: in_force

(a) The bureau shall purge all records and identifiable information in the data bank pertaining to the DNA profile of the individual and shall destroy all such DNA samples collected from such individual within 30 days of the receipt of a certified copy of the applicable: (1) Court order reversing the conviction together with a court order or documentation from the prosecuting attorney stating that the charges were dismissed; (2) Judgment of acquittal; (3) Sentencing order showing that all of the felony charges were reduced to misdemeanors; or (4) Court order showing the successful completion of the sentence that was imposed pursuant to Article 3 of Chapter 8 of Title 42 or pursuant to subsection (a) or (c) of Code Section 16-13-2 .

(a) The bureau shall purge all records and identifiable information in the data bank pertaining to the DNA profile of the individual and shall destroy all such DNA samples collected from such individual within 30 days of the receipt of a certified copy of the applicable:

(1) Court order reversing the conviction together with a court order or documentation from the prosecuting attorney stating that the charges were dismissed;

(1) Court order reversing the conviction together with a court order or documentation from the prosecuting attorney stating that the charges were dismissed;

(2) Judgment of acquittal;

(2) Judgment of acquittal;

(3) Sentencing order showing that all of the felony charges were reduced to misdemeanors; or

(3) Sentencing order showing that all of the felony charges were reduced to misdemeanors; or

(4) Court order showing the successful completion of the sentence that was imposed pursuant to Article 3 of Chapter 8 of Title 42 or pursuant to subsection (a) or (c) of Code Section 16-13-2 .

(4) Court order showing the successful completion of the sentence that was imposed pursuant to Article 3 of Chapter 8 of Title 42 or pursuant to subsection (a) or (c) of Code Section 16-13-2 .

(b) A DNA sample obtained in good faith shall be deemed to have been obtained in accordance with the requirements of this article and its use in accordance with this article shall be authorized until it is expunged as set forth in subsection (a) of this Code section.

(b) A DNA sample obtained in good faith shall be deemed to have been obtained in accordance with the requirements of this article and its use in accordance with this article shall be authorized until it is expunged as set forth in subsection (a) of this Code section.
O.C.G.A. § 35-6a-9 — GA Code / Title 35 / Chapter 6A / Section 35-6a-9
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-6A-9
Status: in_force

(a) The council shall prepare a budget request in the same manner as any such request would be prepared by a budget unit under Part 1 of Article 4 of Chapter 12 of Title 45, the “Budget Act,” and a separate appropriation shall be provided for the council in the general appropriations Act.

(a) The council shall prepare a budget request in the same manner as any such request would be prepared by a budget unit under Part 1 of Article 4 of Chapter 12 of Title 45, the “Budget Act,” and a separate appropriation shall be provided for the council in the general appropriations Act.

(b) The council shall be authorized to accept and use gifts, grants, and donations for the purpose of carrying out this chapter. The council shall also be authorized to accept and use property, both real and personal, and services, for the purpose of carrying out this chapter. Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds received by the Georgia Bureau of Investigation; and such funds, property, or services so received as gifts, grants, or donations shall be the property and funds of the council and, as such, shall not lapse at the end of each fiscal year but shall remain under the control and subject to the direction of the council to carry out this chapter.

(b) The council shall be authorized to accept and use gifts, grants, and donations for the purpose of carrying out this chapter. The council shall also be authorized to accept and use property, both real and personal, and services, for the purpose of carrying out this chapter. Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds received by the Georgia Bureau of Investigation; and such funds, property, or services so received as gifts, grants, or donations shall be the property and funds of the council and, as such, shall not lapse at the end of each fiscal year but shall remain under the control and subject to the direction of the council to carry out this chapter.
O.C.G.A. § 35-3-160 — GA Code / Title 35 / Chapter 3 / Section 35-3-160
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-160
Status: in_force

(a) As used in this article, the term: (1) “ Department ” means the Department of Corrections. (2) “ Detention facility ” means a penal institution under the jurisdiction of the department, including penal institutions operated by a private company on behalf of the department, inmate work camps, inmate boot camps, probation detention centers, parole revocation centers, and county correctional facilities. (3) “ Division ” means the Division of Forensic Sciences of the Georgia Bureau of Investigation.

(a) As used in this article, the term:

(1) “ Department ” means the Department of Corrections.

(1) “ Department ” means the Department of Corrections.

(2) “ Detention facility ” means a penal institution under the jurisdiction of the department, including penal institutions operated by a private company on behalf of the department, inmate work camps, inmate boot camps, probation detention centers, parole revocation centers, and county correctional facilities.

(2) “ Detention facility ” means a penal institution under the jurisdiction of the department, including penal institutions operated by a private company on behalf of the department, inmate work camps, inmate boot camps, probation detention centers, parole revocation centers, and county correctional facilities.

(3) “ Division ” means the Division of Forensic Sciences of the Georgia Bureau of Investigation.

(3) “ Division ” means the Division of Forensic Sciences of the Georgia Bureau of Investigation.

(b)(1) A sample of deoxyribonucleic acid (DNA) shall be collected by oral swab or other noninvasive procedure from any individual: (A) Who has been convicted of a felony and is currently incarcerated in a detention facility, serving a probation sentence, or serving under the jurisdiction of the State Board of Pardons and Paroles for such felony; or (B) Who has been charged with a felony, and sentence for such offense has been imposed pursuant to Article 3 of Chapter 8 of Title 42 or pursuant to subsection (a) or (c) of Code Section 16-13-2 . (2) Unless a DNA sample has already been collected by the department or another agency or entity, each DNA sample required by paragraph (1) of this subsection shall be collected by the detention facility which is detaining or the entity which is supervising such individual, and the sample shall be forwarded to the division. (3) Paragraph (1) of this subsection shall not apply to any individual for a conviction for a misdemeanor, to any individual who is charged with a misdemeanor and the sentence for such misdemeanor is imposed pursuant to Article 3 of Chapter 8 of Title 42 regarding first offenders, or because he or she has been charged with a misdemeanor.

(b)(1) A sample of deoxyribonucleic acid (DNA) shall be collected by oral swab or other noninvasive procedure from any individual: (A) Who has been convicted of a felony and is currently incarcerated in a detention facility, serving a probation sentence, or serving under the jurisdiction of the State Board of Pardons and Paroles for such felony; or (B) Who has been charged with a felony, and sentence for such offense has been imposed pursuant to Article 3 of Chapter 8 of Title 42 or pursuant to subsection (a) or (c) of Code Section 16-13-2 .

(b)(1) A sample of deoxyribonucleic acid (DNA) shall be collected by oral swab or other noninvasive procedure from any individual:

(A) Who has been convicted of a felony and is currently incarcerated in a detention facility, serving a probation sentence, or serving under the jurisdiction of the State Board of Pardons and Paroles for such felony; or

(A) Who has been convicted of a felony and is currently incarcerated in a detention facility, serving a probation sentence, or serving under the jurisdiction of the State Board of Pardons and Paroles for such felony; or

(B) Who has been charged with a felony, and sentence for such offense has been imposed pursuant to Article 3 of Chapter 8 of Title 42 or pursuant to subsection (a) or (c) of Code Section 16-13-2 .

(B) Who has been charged with a felony, and sentence for such offense has been imposed pursuant to Article 3 of Chapter 8 of Title 42 or pursuant to subsection (a) or (c) of Code Section 16-13-2 .

(2) Unless a DNA sample has already been collected by the department or another agency or entity, each DNA sample required by paragraph (1) of this subsection shall be collected by the detention facility which is detaining or the entity which is supervising such individual, and the sample shall be forwarded to the division.

(2) Unless a DNA sample has already been collected by the department or another agency or entity, each DNA sample required by paragraph (1) of this subsection shall be collected by the detention facility which is detaining or the entity which is supervising such individual, and the sample shall be forwarded to the division.

(3) Paragraph (1) of this subsection shall not apply to any individual for a conviction for a misdemeanor, to any individual who is charged with a misdemeanor and the sentence for such misdemeanor is imposed pursuant to Article 3 of Chapter 8 of Title 42 regarding first offenders, or because he or she has been charged with a misdemeanor.

(3) Paragraph (1) of this subsection shall not apply to any individual for a conviction for a misdemeanor, to any individual who is charged with a misdemeanor and the sentence for such misdemeanor is imposed pursuant to Article 3 of Chapter 8 of Title 42 regarding first offenders, or because he or she has been charged with a misdemeanor.

(c) DNA analysis shall be performed by the division. The division shall be authorized to contract with individuals or organizations for services to perform such analysis. The identifying characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the bureau in a DNA data bank in accordance with Code Sections 35-3-162 and 35-3-163 and shall be made available only as provided in Code Section 35-3-163 .

(c) DNA analysis shall be performed by the division. The division shall be authorized to contract with individuals or organizations for services to perform such analysis. The identifying characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the bureau in a DNA data bank in accordance with Code Sections 35-3-162 and 35-3-163 and shall be made available only as provided in Code Section 35-3-163 .
O.C.G.A. § 35-8-1 — GA Code / Title 35 / Chapter 8 / Section 35-8-1
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-8-1
Status: in_force

This chapter shall be known and may be cited as the “Georgia Peace Officer Standards and Training Act.”
O.C.G.A. § 35-1-21 — GA Code / Title 35 / Chapter 1 / Section 35-1-21
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-1-21
Status: in_force

(a) The Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center shall establish guidelines and procedures for the incorporation of training materials and information in methods for: (1) Identifying and reporting activity that may lead to domestic terrorism; (2) Combating domestic terrorism; and (3) Individuals, law enforcement officials, and personnel within state agencies and departments and local governments to provide information to the Georgia Information Sharing and Analysis Center to report activity that may lead to domestic terrorism.

(a) The Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center shall establish guidelines and procedures for the incorporation of training materials and information in methods for:

(1) Identifying and reporting activity that may lead to domestic terrorism;

(1) Identifying and reporting activity that may lead to domestic terrorism;

(2) Combating domestic terrorism; and

(2) Combating domestic terrorism; and

(3) Individuals, law enforcement officials, and personnel within state agencies and departments and local governments to provide information to the Georgia Information Sharing and Analysis Center to report activity that may lead to domestic terrorism.

(3) Individuals, law enforcement officials, and personnel within state agencies and departments and local governments to provide information to the Georgia Information Sharing and Analysis Center to report activity that may lead to domestic terrorism.

(b) The guidelines and procedures listed in subsection (a) of this Code section shall be for use by law enforcement training centers monitored by the Georgia Peace Officer Standards and Training Council and monitored and funded by the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight.

(b) The guidelines and procedures listed in subsection (a) of this Code section shall be for use by law enforcement training centers monitored by the Georgia Peace Officer Standards and Training Council and monitored and funded by the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight.
O.C.G.A. § 35-6a-4 — GA Code / Title 35 / Chapter 6A / Section 35-6a-4
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-6A-4
Status: in_force

The business of the council shall be conducted in the following manner:

(1) The council shall annually elect a chairperson and a vice chairperson from among its membership. The offices of chairperson and vice chairperson shall be filled in such a manner that they are not held in succeeding years by representatives of the same component (law enforcement, courts, corrections) of the criminal justice system;

(1) The council shall annually elect a chairperson and a vice chairperson from among its membership. The offices of chairperson and vice chairperson shall be filled in such a manner that they are not held in succeeding years by representatives of the same component (law enforcement, courts, corrections) of the criminal justice system;

(2) The council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall also meet on the call of the chairman or at the written request of three of its members;

(2) The council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall also meet on the call of the chairman or at the written request of three of its members;

(3) The council shall maintain minutes of its meetings and such other records as it deems necessary;

(3) The council shall maintain minutes of its meetings and such other records as it deems necessary;

(4) The council shall adopt such rules for the transaction of its business as it shall desire and may appoint such committees as it considers necessary to carry out its business and duties, specifically including the power to transact and carry out through appointed committees the business of the council when serving pursuant to Chapter 15 of Title 17 as the Georgia Crime Victims Compensation Board.

(4) The council shall adopt such rules for the transaction of its business as it shall desire and may appoint such committees as it considers necessary to carry out its business and duties, specifically including the power to transact and carry out through appointed committees the business of the council when serving pursuant to Chapter 15 of Title 17 as the Georgia Crime Victims Compensation Board.
O.C.G.A. § 35-9-12 — GA Code / Title 35 / Chapter 9 / Section 35-9-12
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-9-12
Status: in_force

Neither this state nor any political subdivision of this state nor any department, officer, board, bureau, or other agency of either the state or any political subdivision thereof shall be liable or accountable in any way for or on account of the appointment of any special policeman or for or on account of any act or omission on the part of any special policeman in connection with his powers and duties under Code Sections 35-9-2 through 35-9-11 and this Code section.
O.C.G.A. § 35-2-73 — GA Code / Title 35 / Chapter 2 / Section 35-2-73
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-2-73
Status: in_force

(a) The commissioner shall be authorized to employ such number of security guards as may be necessary to keep watch over and protect the Governor and members of his immediate family, the Lieutenant Governor and members of his immediate family, the Speaker of the House of Representatives and members of his immediate family, the executive department at the state capitol or at any other place as the executive department may be moved, the executive center or other residence of the Governor, the residences and offices of the Lieutenant Governor and the Speaker of the House of Representatives, and such other state property and individuals as may be directed by the Governor.

(a) The commissioner shall be authorized to employ such number of security guards as may be necessary to keep watch over and protect the Governor and members of his immediate family, the Lieutenant Governor and members of his immediate family, the Speaker of the House of Representatives and members of his immediate family, the executive department at the state capitol or at any other place as the executive department may be moved, the executive center or other residence of the Governor, the residences and offices of the Lieutenant Governor and the Speaker of the House of Representatives, and such other state property and individuals as may be directed by the Governor.

(b) Members of the Governor's family, the Lieutenant Governor's family, and the Speaker's family for whom protection is provided by the Security Guard Division, when traveling with the Governor, the Lieutenant Governor, or the Speaker, as the case may be, when traveling on state related business at the request of the Governor, the Lieutenant Governor, or the Speaker, as the case may be, or when in the judgment of the commissioner security considerations so dictate, may be transported by means of state owned transportation facilities, when appropriate, or at state expense by private carrier, when the use of such state owned facilities are not practical or appropriate.

(b) Members of the Governor's family, the Lieutenant Governor's family, and the Speaker's family for whom protection is provided by the Security Guard Division, when traveling with the Governor, the Lieutenant Governor, or the Speaker, as the case may be, when traveling on state related business at the request of the Governor, the Lieutenant Governor, or the Speaker, as the case may be, or when in the judgment of the commissioner security considerations so dictate, may be transported by means of state owned transportation facilities, when appropriate, or at state expense by private carrier, when the use of such state owned facilities are not practical or appropriate.
O.C.G.A. § 35-2-41-1 — GA Code / Title 35 / Chapter 2 / Section 35-2-41-1
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-2-41.1
Status: in_force

(a) Any offer to donate or convey by deed, gift, rent, lease, or other means any property, equipment, or services to the department shall be made in writing through command channels to the commissioner. If the commissioner approves the offer, he or she shall submit a written proposal of the offer to the board for its approval. A copy of the formal proposal shall be forwarded by the commissioner to the Office of Planning and Budget, the Senate Budget and Evaluation Office, and the House Budget and Research Office, any of which may comment on the proposal.

(a) Any offer to donate or convey by deed, gift, rent, lease, or other means any property, equipment, or services to the department shall be made in writing through command channels to the commissioner. If the commissioner approves the offer, he or she shall submit a written proposal of the offer to the board for its approval. A copy of the formal proposal shall be forwarded by the commissioner to the Office of Planning and Budget, the Senate Budget and Evaluation Office, and the House Budget and Research Office, any of which may comment on the proposal.

(b) Title to real property shall be in the State of Georgia for the use of the Department of Public Safety. No member of the department shall be authorized to accept any donation or conveyance of property, equipment, or services unless the provisions of this Code section have been complied with and until the board has approved the donation or conveyance.

(b) Title to real property shall be in the State of Georgia for the use of the Department of Public Safety. No member of the department shall be authorized to accept any donation or conveyance of property, equipment, or services unless the provisions of this Code section have been complied with and until the board has approved the donation or conveyance.
O.C.G.A. § 35-2-88 — GA Code / Title 35 / Chapter 2 / Section 35-2-88
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-2-88
Status: in_force

Any person who violates the provisions of this article shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 nor more than $5,000.00 or to imprisonment for not less than one and not more than five years, or both. Each violation shall constitute a separate offense.
O.C.G.A. § 35-2-2 — GA Code / Title 35 / Chapter 2 / Section 35-2-2
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-2-2
Status: in_force

There is created a Department of Public Safety.
O.C.G.A. § 35-8-7 — GA Code / Title 35 / Chapter 8 / Section 35-8-7
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-8-7
Status: in_force

The council is vested with the following powers and duties:

(1) To meet at such times and places as it may deem necessary;

(1) To meet at such times and places as it may deem necessary;

(2) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies, and reports to the council as will best assist it to carry out its duties and responsibilities;

(2) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies, and reports to the council as will best assist it to carry out its duties and responsibilities;

(3) To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter;

(3) To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter;

(4) To establish criteria to be used in certifying schools authorized to conduct training required by this chapter;

(4) To establish criteria to be used in certifying schools authorized to conduct training required by this chapter;

(5) To certify schools as authorized to conduct training required by this chapter;

(5) To certify schools as authorized to conduct training required by this chapter;

(6) To prescribe minimum qualifications for directors of schools certified to conduct training required by this chapter;

(6) To prescribe minimum qualifications for directors of schools certified to conduct training required by this chapter;

(7) To certify such school directors;

(7) To certify such school directors;

(8) To establish minimum qualifications for instructors at schools certified to conduct training required by this chapter;

(8) To establish minimum qualifications for instructors at schools certified to conduct training required by this chapter;

(9) To certify instructors authorized to conduct training required by this chapter;

(9) To certify instructors authorized to conduct training required by this chapter;

(10) To reevaluate certified schools annually to determine if such schools shall continue to be certified;

(10) To reevaluate certified schools annually to determine if such schools shall continue to be certified;

(11) To withdraw or suspend certification of schools, school directors, and instructors who fail to continue to meet or maintain, at any given time, the criteria and qualifications required for school, school director, or instructor certification;

(11) To withdraw or suspend certification of schools, school directors, and instructors who fail to continue to meet or maintain, at any given time, the criteria and qualifications required for school, school director, or instructor certification;

(12) To determine whether a candidate has met the requirements of this chapter and is qualified to be employed as a peace officer and to issue a certificate to those so qualified;

(12) To determine whether a candidate has met the requirements of this chapter and is qualified to be employed as a peace officer and to issue a certificate to those so qualified;

(13) To certify to designated law enforcement units a candidate's successful completion of the course;

(13) To certify to designated law enforcement units a candidate's successful completion of the course;

(14) To refuse to grant a certificate to or to discipline a certified peace officer or an exempt peace officer under this chapter or any antecedent law;

(14) To refuse to grant a certificate to or to discipline a certified peace officer or an exempt peace officer under this chapter or any antecedent law;

(15) To establish and modify the curriculum, including the methods of instruction, composing the basic training courses and to set the minimum number of hours therefor;

(15) To establish and modify the curriculum, including the methods of instruction, composing the basic training courses and to set the minimum number of hours therefor;

(16) To establish and recommend curricula for such advanced, in-service, and specialized training courses as the council shall deem advisable and to recognize the completion of such courses by the issuance of certificates;

(16) To establish and recommend curricula for such advanced, in-service, and specialized training courses as the council shall deem advisable and to recognize the completion of such courses by the issuance of certificates;

(17) To provide technical assistance as requested by law enforcement units;

(17) To provide technical assistance as requested by law enforcement units;

(18) To provide for and administer the registration of all exempt peace officers;

(18) To provide for and administer the registration of all exempt peace officers;

(19) To research, plan, and establish policy relative to peace officer training and to develop and coordinate the delivery of peace officer training programs through such agencies and institutions as the council may deem appropriate;

(19) To research, plan, and establish policy relative to peace officer training and to develop and coordinate the delivery of peace officer training programs through such agencies and institutions as the council may deem appropriate;

(20) To establish as part of the curriculum for basic and in-service training courses for all peace officers training on organized criminal activity and criminal street gangs;

(20) To establish as part of the curriculum for basic and in-service training courses for all peace officers training on organized criminal activity and criminal street gangs;

(21) To develop, adopt, and issue advanced or professional peace officer certificates based upon the attainment of specified education, advanced or specialized training, and experience as the council may determine;

(21) To develop, adopt, and issue advanced or professional peace officer certificates based upon the attainment of specified education, advanced or specialized training, and experience as the council may determine;

(22) To provide and administer the certification of persons qualified to operate radar speed detection devices and to withdraw or suspend such certificates as provided for in this chapter;

(22) To provide and administer the certification of persons qualified to operate radar speed detection devices and to withdraw or suspend such certificates as provided for in this chapter;

(23) To impose administrative fees, as determined by the council, for services provided pursuant to the provisions of this chapter;

(23) To impose administrative fees, as determined by the council, for services provided pursuant to the provisions of this chapter;

(24) To adopt in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” such rules and regulations as are necessary to carry out the purposes of this chapter; and

(24) To adopt in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” such rules and regulations as are necessary to carry out the purposes of this chapter; and

(25) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the power granted to it.

(25) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the power granted to it.
O.C.G.A. § 35-4-2 — GA Code / Title 35 / Chapter 4 / Section 35-4-2
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-4-2
Status: in_force

As used in this chapter, the term:

(1) “Academy” means the Georgia Police Academy.

(1) “Academy” means the Georgia Police Academy.

(2) “Police officer” means any law enforcement officer charged with the duty of enforcing the criminal laws and ordinances of the state or of the counties or municipalities of the state who is employed by and compensated by the state or any county or municipality of the state or who is elected and compensated on a fee basis. The term shall include, but not be limited to, members of the department, municipal police, county police, sheriffs, deputy sheriffs, wardens, guards, agents and investigators of the State Forestry Commission, game wardens of the Department of Natural Resources, and agents of the Department of Revenue.

(2) “Police officer” means any law enforcement officer charged with the duty of enforcing the criminal laws and ordinances of the state or of the counties or municipalities of the state who is employed by and compensated by the state or any county or municipality of the state or who is elected and compensated on a fee basis. The term shall include, but not be limited to, members of the department, municipal police, county police, sheriffs, deputy sheriffs, wardens, guards, agents and investigators of the State Forestry Commission, game wardens of the Department of Natural Resources, and agents of the Department of Revenue.

(3) “State” means the State of Georgia and any department, board, bureau, commission, or other agency thereof.

(3) “State” means the State of Georgia and any department, board, bureau, commission, or other agency thereof.
O.C.G.A. § 35-3-150 — GA Code / Title 35 / Chapter 3 / Section 35-3-150
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-150
Status: in_force

As used in this article, the term:

(1) “Board” means the Board of Public Safety.

(1) “Board” means the Board of Public Safety.

(2) “Crime lab” or “state crime lab” means the Division of Forensic Sciences of the Georgia Bureau of Investigation.

(2) “Crime lab” or “state crime lab” means the Division of Forensic Sciences of the Georgia Bureau of Investigation.

(3) “Director” means the director of the Georgia Bureau of Investigation.

(3) “Director” means the director of the Georgia Bureau of Investigation.

(4) “Division” means the Division of Forensic Sciences of the Georgia Bureau of Investigation.

(4) “Division” means the Division of Forensic Sciences of the Georgia Bureau of Investigation.

(5) “Division director” means the director of the Division of Forensic Sciences of the Georgia Bureau of Investigation.

(5) “Division director” means the director of the Division of Forensic Sciences of the Georgia Bureau of Investigation.

(6) “Independent test” means a forensic analysis of evidence in the custody and possession of the state or any political subdivision or authority thereof conducted at the request of or on behalf of any person other than a prosecuting attorney, law enforcement officer, or other authorized agent of the state or which are ordered conducted by a court at the request of an accused.

(6) “Independent test” means a forensic analysis of evidence in the custody and possession of the state or any political subdivision or authority thereof conducted at the request of or on behalf of any person other than a prosecuting attorney, law enforcement officer, or other authorized agent of the state or which are ordered conducted by a court at the request of an accused.

(7) “Regional medical examiner” shall have the same meaning as defined in paragraph (13) of Code Section 45-16-21 .

(7) “Regional medical examiner” shall have the same meaning as defined in paragraph (13) of Code Section 45-16-21 .

(8) “Rule” or “rules” means a rule or regulation adopted pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

(8) “Rule” or “rules” means a rule or regulation adopted pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
O.C.G.A. § 35-2-45 — GA Code / Title 35 / Chapter 2 / Section 35-2-45
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-2-45
Status: in_force

(a) Any trooper first class of the Uniform Division of the Department of Public Safety shall be eligible for promotion to the rank of corporal, provided he has served a period of 12 months in the Georgia State Patrol including the period of probation.

(a) Any trooper first class of the Uniform Division of the Department of Public Safety shall be eligible for promotion to the rank of corporal, provided he has served a period of 12 months in the Georgia State Patrol including the period of probation.

(b) Any noncommissioned or commissioned officer shall be eligible for promotion to a higher rank, provided he has served at least one year in the preceding rank.

(b) Any noncommissioned or commissioned officer shall be eligible for promotion to a higher rank, provided he has served at least one year in the preceding rank.

(c) Promotions to ranks of corporal through lieutenant shall be made in accordance with the Georgia State Patrol Promotion System.

(c) Promotions to ranks of corporal through lieutenant shall be made in accordance with the Georgia State Patrol Promotion System.
O.C.G.A. § 35-3-63 — GA Code / Title 35 / Chapter 3 / Section 35-3-63
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-63
Status: in_force

There is established a special Antiterrorism Task Force within the Georgia Bureau of Investigation. This Antiterrorism Task Force shall operate independently of any other investigative operations within the Georgia Bureau of Investigation and shall devote itself to the tasks of identifying, investigating, arresting, and prosecuting individuals or groups of individuals who perform terroristic acts against a person or his residence on the basis of such person's race, national origin, or religious persuasion.
O.C.G.A. § 35-3-9 — GA Code / Title 35 / Chapter 3 / Section 35-3-9
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-9
Status: in_force

(a) The director is authorized to retain on a contractual basis such persons as he or she shall deem necessary to detect and apprehend violators of the criminal statutes of this state pertaining to the possession, sale, or use of narcotics or other dangerous drugs.

(a) The director is authorized to retain on a contractual basis such persons as he or she shall deem necessary to detect and apprehend violators of the criminal statutes of this state pertaining to the possession, sale, or use of narcotics or other dangerous drugs.

(b) Those persons contracting with the director pursuant to subsection (a) of this Code section shall be known as narcotics agents.

(b) Those persons contracting with the director pursuant to subsection (a) of this Code section shall be known as narcotics agents.

(c) The investigative services provided for in this Code section shall be designed to support local law enforcement efforts. The director shall, with the advice and consent of the board, appoint a three-member priority committee composed of a representative from the Georgia Sheriffs Association, the Georgia Association of Chiefs of Police, and the District Attorneys Association. The committee shall establish priorities for use of investigative resources and determine the bona fide nature of requests for assistance. The recommendations of the committee shall be followed by the director except where otherwise expressly authorized by the board.

(c) The investigative services provided for in this Code section shall be designed to support local law enforcement efforts. The director shall, with the advice and consent of the board, appoint a three-member priority committee composed of a representative from the Georgia Sheriffs Association, the Georgia Association of Chiefs of Police, and the District Attorneys Association. The committee shall establish priorities for use of investigative resources and determine the bona fide nature of requests for assistance. The recommendations of the committee shall be followed by the director except where otherwise expressly authorized by the board.

(d) Narcotics agents shall have all powers necessary and incidental to the fulfillment of their contractual obligations, including the power of arrest when authorized by the director.

(d) Narcotics agents shall have all powers necessary and incidental to the fulfillment of their contractual obligations, including the power of arrest when authorized by the director.

(e) No person shall be a narcotics agent unless he is at least 18 years of age.

(e) No person shall be a narcotics agent unless he is at least 18 years of age.

(f) The director shall conduct a background investigation of all potential narcotics agents. If the background investigation discloses a criminal record, the applicant shall not be retained without the express approval of the board.

(f) The director shall conduct a background investigation of all potential narcotics agents. If the background investigation discloses a criminal record, the applicant shall not be retained without the express approval of the board.

(g) Any matters pertaining to narcotics agents shall be exempt from Chapter 14 of Title 50, relating to meetings open to the public.

(g) Any matters pertaining to narcotics agents shall be exempt from Chapter 14 of Title 50, relating to meetings open to the public.

(h) Persons retained as narcotics agents shall be considered persons in the service of the bureau under a contract of hire with that agency whose employment of those persons as narcotics agents shall be considered an employment in the usual course of the business of that agency. Persons retained by the bureau as narcotics agents shall have all the rights and privileges of other employees of the bureau; provided, however, that such persons shall be in the unclassified service as defined by Code Section 45-20-2 and therefore shall not be governed by any rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, or other such matters concerning their employment established by the State Personnel Board or any successor boards or agencies.

(h) Persons retained as narcotics agents shall be considered persons in the service of the bureau under a contract of hire with that agency whose employment of those persons as narcotics agents shall be considered an employment in the usual course of the business of that agency. Persons retained by the bureau as narcotics agents shall have all the rights and privileges of other employees of the bureau; provided, however, that such persons shall be in the unclassified service as defined by Code Section 45-20-2 and therefore shall not be governed by any rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, or other such matters concerning their employment established by the State Personnel Board or any successor boards or agencies.

(i) The director shall have all powers necessary and incidental to the effective operation of this Code section.

(i) The director shall have all powers necessary and incidental to the effective operation of this Code section.
O.C.G.A. § 35-3-62 — GA Code / Title 35 / Chapter 3 / Section 35-3-62
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-62
Status: in_force

As used in this article, the term “terroristic act” means an act which constitutes a crime against the person or against the residence of an individual which is committed with the specific intent of and may reasonably be expected to instill fear into such person or persons or which is committed for the purpose of restraining that person or those persons from exercising their rights under the Constitution and laws of this state and the United States and any illegal act directed at other persons or their property because of those persons' political beliefs or political affiliations.
O.C.G.A. § 35-6a-5 — GA Code / Title 35 / Chapter 6A / Section 35-6a-5
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-6A-5
Status: in_force

Members of the council shall serve without compensation but shall receive for each day of actual attendance of council meetings a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for use of a personal car in connection with such attendance.
O.C.G.A. § 35-8-11 — GA Code / Title 35 / Chapter 8 / Section 35-8-11
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-8-11
Status: in_force

The basic course provided for in Code Section 35-8-9 shall be completed at any school certified by the council which provides the course requirements and methods of instruction established by the council.
O.C.G.A. § 35-2-4 — GA Code / Title 35 / Chapter 2 / Section 35-2-4
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-2-4
Status: in_force

The commissioner may be a member of the Uniform Division of the department and upon removal from such office without prejudice he shall revert to his original rank in the Uniform Division which he held when he was appointed to office.
O.C.G.A. § 35-1-15 — GA Code / Title 35 / Chapter 1 / Section 35-1-15
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-1-15
Status: in_force

(a) As used in this Code section, the term: (1) “ Fresh pursuit ” means pursuit by a law enforcement officer of a person who is in immediate and continuous flight from the commission of a criminal offense. (2) “ Law enforcement officer ” means a person employed or appointed by a state or political subdivision who is granted, by state law, the authority to enforce criminal, traffic, or penal laws of his or her respective state and who possesses the power to effect arrests.

(a) As used in this Code section, the term:

(1) “ Fresh pursuit ” means pursuit by a law enforcement officer of a person who is in immediate and continuous flight from the commission of a criminal offense.

(1) “ Fresh pursuit ” means pursuit by a law enforcement officer of a person who is in immediate and continuous flight from the commission of a criminal offense.

(2) “ Law enforcement officer ” means a person employed or appointed by a state or political subdivision who is granted, by state law, the authority to enforce criminal, traffic, or penal laws of his or her respective state and who possesses the power to effect arrests.

(2) “ Law enforcement officer ” means a person employed or appointed by a state or political subdivision who is granted, by state law, the authority to enforce criminal, traffic, or penal laws of his or her respective state and who possesses the power to effect arrests.

(b) A law enforcement officer from Alabama, Florida, North Carolina, South Carolina, or Tennessee who enters this state in fresh pursuit of a person shall have the same authority to arrest and hold in custody such person within this state as that of a law enforcement officer of this state; provided, however, that the authority granted by this Code section shall be limited to criminal offenses of the pursuing state that also are criminal offenses under the laws of this state and that are punishable by death or imprisonment in excess of one year under the laws of the pursuing state.

(b) A law enforcement officer from Alabama, Florida, North Carolina, South Carolina, or Tennessee who enters this state in fresh pursuit of a person shall have the same authority to arrest and hold in custody such person within this state as that of a law enforcement officer of this state; provided, however, that the authority granted by this Code section shall be limited to criminal offenses of the pursuing state that also are criminal offenses under the laws of this state and that are punishable by death or imprisonment in excess of one year under the laws of the pursuing state.

(c)(1) When an arrest is made in this state by a law enforcement officer of another state pursuant to this Code section, the law enforcement officer shall, without unnecessary delay, take the person arrested before a judicial officer of this state. (2) The judicial officer shall conduct a hearing for the limited purpose of determining whether such arrest meets the requirements of this Code section unless the person arrested executes a written waiver of his or her right to a hearing under this Code section. If the judicial officer determines that such arrest was unlawful, he or she shall discharge such person arrested. If the judicial officer determines that such arrest was lawful, he or she shall commit such person arrested to imprisonment as provided in Code Section 17-13-35 . Once such person is imprisoned pursuant to this Code section, the provisions of Chapter 13 of Title 17 shall govern the extradition and return of such person to the state in which the criminal offense was committed.

(c)(1) When an arrest is made in this state by a law enforcement officer of another state pursuant to this Code section, the law enforcement officer shall, without unnecessary delay, take the person arrested before a judicial officer of this state.

(c)(1) When an arrest is made in this state by a law enforcement officer of another state pursuant to this Code section, the law enforcement officer shall, without unnecessary delay, take the person arrested before a judicial officer of this state.

(2) The judicial officer shall conduct a hearing for the limited purpose of determining whether such arrest meets the requirements of this Code section unless the person arrested executes a written waiver of his or her right to a hearing under this Code section. If the judicial officer determines that such arrest was unlawful, he or she shall discharge such person arrested. If the judicial officer determines that such arrest was lawful, he or she shall commit such person arrested to imprisonment as provided in Code Section 17-13-35 . Once such person is imprisoned pursuant to this Code section, the provisions of Chapter 13 of Title 17 shall govern the extradition and return of such person to the state in which the criminal offense was committed.

(2) The judicial officer shall conduct a hearing for the limited purpose of determining whether such arrest meets the requirements of this Code section unless the person arrested executes a written waiver of his or her right to a hearing under this Code section. If the judicial officer determines that such arrest was unlawful, he or she shall discharge such person arrested. If the judicial officer determines that such arrest was lawful, he or she shall commit such person arrested to imprisonment as provided in Code Section 17-13-35 . Once such person is imprisoned pursuant to this Code section, the provisions of Chapter 13 of Title 17 shall govern the extradition and return of such person to the state in which the criminal offense was committed.

(d) This Code section shall apply only to a law enforcement officer from Alabama, Florida, North Carolina, South Carolina, or Tennessee where the state in which the law enforcement officer is employed or appointed has enacted a provision similar to this Code section relating to the arrest and custody of a person pursued into a neighboring state.

(d) This Code section shall apply only to a law enforcement officer from Alabama, Florida, North Carolina, South Carolina, or Tennessee where the state in which the law enforcement officer is employed or appointed has enacted a provision similar to this Code section relating to the arrest and custody of a person pursued into a neighboring state.
O.C.G.A. § 35-9-2 — GA Code / Title 35 / Chapter 9 / Section 35-9-2
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-9-2
Status: in_force

Upon the application of the governor of any state or subdivision thereof owning or having an interest in any property situated wholly or partly in this state, the Governor of this state, or any officer or agency to whom or which he may delegate his powers and duties under this chapter, may appoint and deputize as special policemen, with the powers and duties provided for in Code Section 35-9-9 , such number of persons designated in the application as may be deemed necessary for the additional protection of such property.
O.C.G.A. § 35-8-6 — GA Code / Title 35 / Chapter 8 / Section 35-8-6
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-8-6
Status: in_force

(a) The council may appoint an executive director who shall serve at the pleasure of the council. The council shall establish the compensation for the executive director.

(a) The council may appoint an executive director who shall serve at the pleasure of the council. The council shall establish the compensation for the executive director.

(b) The executive director may contract for such services as may be necessary and authorized in order to carry out the provisions of this chapter and may employ such other professional, technical, and clerical personnel deemed necessary to carry out the purposes of this chapter.

(b) The executive director may contract for such services as may be necessary and authorized in order to carry out the provisions of this chapter and may employ such other professional, technical, and clerical personnel deemed necessary to carry out the purposes of this chapter.

(c) The executive director is authorized to appoint certain investigators for the purpose of carrying out the provisions of this chapter. The executive director and persons so appointed shall meet all employment and training requirements of this chapter as for all other peace officers and shall have all of the powers of other peace officers. Any investigator of the council shall have access to and may examine any writing, document, or other material which is deemed by the chairperson of the council to be related to the fitness of any peace officer or applicant to practice as a peace officer. The chairperson or executive director of the council may issue subpoenas to compel such access. When a subpoena is disobeyed, the council may apply to the superior court of the county where the person to whom the subpoena is issued resides for an order requiring obedience. Failure to comply with such order shall be punishable as for contempt of court.

(c) The executive director is authorized to appoint certain investigators for the purpose of carrying out the provisions of this chapter. The executive director and persons so appointed shall meet all employment and training requirements of this chapter as for all other peace officers and shall have all of the powers of other peace officers. Any investigator of the council shall have access to and may examine any writing, document, or other material which is deemed by the chairperson of the council to be related to the fitness of any peace officer or applicant to practice as a peace officer. The chairperson or executive director of the council may issue subpoenas to compel such access. When a subpoena is disobeyed, the council may apply to the superior court of the county where the person to whom the subpoena is issued resides for an order requiring obedience. Failure to comply with such order shall be punishable as for contempt of court.

(d) Investigators provided for under subsection (c) of this Code section may retain their weapon and badge upon retirement pursuant to the requirements and procedures provided for under Code Section 35-1-20 .

(d) Investigators provided for under subsection (c) of this Code section may retain their weapon and badge upon retirement pursuant to the requirements and procedures provided for under Code Section 35-1-20 .

(e) The funds necessary to carry out this chapter shall come from the funds appropriated to and available to the council and from any other available funds.

(e) The funds necessary to carry out this chapter shall come from the funds appropriated to and available to the council and from any other available funds.

(f) The council is authorized to accept and use gifts, grants, donations, property, both real and personal, and services for the purpose of carrying out this chapter.

(f) The council is authorized to accept and use gifts, grants, donations, property, both real and personal, and services for the purpose of carrying out this chapter.

(g) Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds appropriated to the council; and the funds, property, or services so received by gifts, grants, or donations shall be the property and funds of the council and, as such, shall not lapse at the end of each fiscal year but shall remain under the control of and subject to the direction of the council for carrying out this chapter.

(g) Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds appropriated to the council; and the funds, property, or services so received by gifts, grants, or donations shall be the property and funds of the council and, as such, shall not lapse at the end of each fiscal year but shall remain under the control of and subject to the direction of the council for carrying out this chapter.
O.C.G.A. § 35-1-10 — GA Code / Title 35 / Chapter 1 / Section 35-1-10
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-1-10
Status: in_force

(a) The Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center shall establish guidelines and procedures for the incorporation of training materials and information in: (1) Methods for identifying, combating, and reporting family violence incidents; and (2) Methods for identifying and reporting sexual offenses and assisting victims of sexual offenses.

(a) The Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center shall establish guidelines and procedures for the incorporation of training materials and information in:

(1) Methods for identifying, combating, and reporting family violence incidents; and

(1) Methods for identifying, combating, and reporting family violence incidents; and

(2) Methods for identifying and reporting sexual offenses and assisting victims of sexual offenses.

(2) Methods for identifying and reporting sexual offenses and assisting victims of sexual offenses.

(b) The guidelines and procedures listed in subsection (a) of this Code section shall be for use by law enforcement training centers monitored by the Georgia Peace Officer Standards and Training Council and monitored and funded by the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight.

(b) The guidelines and procedures listed in subsection (a) of this Code section shall be for use by law enforcement training centers monitored by the Georgia Peace Officer Standards and Training Council and monitored and funded by the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight.
O.C.G.A. § 35-2-51 — GA Code / Title 35 / Chapter 2 / Section 35-2-51
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-2-51
Status: in_force

(a) The commissioner shall provide a storeroom or rooms where all excess supplies of clothing, equipment, and other articles shall be stored and shall insure the same against loss by fire.

(a) The commissioner shall provide a storeroom or rooms where all excess supplies of clothing, equipment, and other articles shall be stored and shall insure the same against loss by fire.

(b) All old and worn equipment must be delivered to the custodian or custodians of such storeroom or rooms, who need not be members of the Uniform Division of the Department of Public Safety nor subject to age limitations, to be properly receipted before new equipment shall be issued.

(b) All old and worn equipment must be delivered to the custodian or custodians of such storeroom or rooms, who need not be members of the Uniform Division of the Department of Public Safety nor subject to age limitations, to be properly receipted before new equipment shall be issued.
O.C.G.A. § 35-3-39-1 — GA Code / Title 35 / Chapter 3 / Section 35-3-39-1
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-39.1
Status: in_force

(a) As used in this Code section, the term: (1) “Compact” means the National Crime Prevention and Privacy Compact established by Section 217 of the federal law. (2) “Compact council” means the compact council established by Article VI of the compact. (3) “Director” means the director of the Georgia Crime Information Center. (4) “Federal law” means the National Crime Prevention and Privacy Compact Act of 1998 contained in Public Law 92-544 , 42 U.S.C. Section 14616 . (5) “Interstate Identification Index System” or “III System” means the cooperative federal-state system for the exchange of criminal history records as provided for in the compact.

(a) As used in this Code section, the term:

(1) “Compact” means the National Crime Prevention and Privacy Compact established by Section 217 of the federal law.

(1) “Compact” means the National Crime Prevention and Privacy Compact established by Section 217 of the federal law.

(2) “Compact council” means the compact council established by Article VI of the compact.

(2) “Compact council” means the compact council established by Article VI of the compact.

(3) “Director” means the director of the Georgia Crime Information Center.

(3) “Director” means the director of the Georgia Crime Information Center.

(4) “Federal law” means the National Crime Prevention and Privacy Compact Act of 1998 contained in Public Law 92-544 , 42 U.S.C. Section 14616 .

(4) “Federal law” means the National Crime Prevention and Privacy Compact Act of 1998 contained in Public Law 92-544 , 42 U.S.C. Section 14616 .

(5) “Interstate Identification Index System” or “III System” means the cooperative federal-state system for the exchange of criminal history records as provided for in the compact.

(5) “Interstate Identification Index System” or “III System” means the cooperative federal-state system for the exchange of criminal history records as provided for in the compact.

(b) The National Crime Prevention and Privacy Compact established by federal law is ratified, enacted, and entered into by the State of Georgia. The compact shall become operative immediately upon approval of this state's participation by the United States Attorney General.

(b) The National Crime Prevention and Privacy Compact established by federal law is ratified, enacted, and entered into by the State of Georgia. The compact shall become operative immediately upon approval of this state's participation by the United States Attorney General.

(c) The director shall be the compact officer and shall be responsible for: (1) Administering the compact within this state; (2) Ensuring that compact provisions and rules, procedures, and standards established by the compact council are complied with in this state; and (3) Regulating the in-state use of records received from the Federal Bureau of Investigation or other states party to the compact.

(c) The director shall be the compact officer and shall be responsible for:

(1) Administering the compact within this state;

(1) Administering the compact within this state;

(2) Ensuring that compact provisions and rules, procedures, and standards established by the compact council are complied with in this state; and

(2) Ensuring that compact provisions and rules, procedures, and standards established by the compact council are complied with in this state; and

(3) Regulating the in-state use of records received from the Federal Bureau of Investigation or other states party to the compact.

(3) Regulating the in-state use of records received from the Federal Bureau of Investigation or other states party to the compact.

(d) The center shall establish and maintain a criminal history record repository to provide: (1) Information and records for the National Identification Index and the National Fingerprint File; and (2) This state's III System-indexed criminal history records for noncriminal justice purposes described in Article IV of the compact.

(d) The center shall establish and maintain a criminal history record repository to provide:

(1) Information and records for the National Identification Index and the National Fingerprint File; and

(1) Information and records for the National Identification Index and the National Fingerprint File; and

(2) This state's III System-indexed criminal history records for noncriminal justice purposes described in Article IV of the compact.

(2) This state's III System-indexed criminal history records for noncriminal justice purposes described in Article IV of the compact.

(e) This state shall comply with III System rules, procedures, and standards established pursuant to the compact concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of the III System operation.

(e) This state shall comply with III System rules, procedures, and standards established pursuant to the compact concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of the III System operation.

(f) Use of the III System by the center for noncriminal justice purposes authorized in the compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.

(f) Use of the III System by the center for noncriminal justice purposes authorized in the compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.

(g) Administration of the compact provisions shall not reduce the level of services available to noncriminal justice users on the effective date of the compact with this state.

(g) Administration of the compact provisions shall not reduce the level of services available to noncriminal justice users on the effective date of the compact with this state.

(h) The center shall provide criminal history records, excluding sealed records, to criminal justice agencies and other governmental and nongovernmental agencies for noncriminal justice purposes as required by the compact.

(h) The center shall provide criminal history records, excluding sealed records, to criminal justice agencies and other governmental and nongovernmental agencies for noncriminal justice purposes as required by the compact.

(i) Records obtained under the compact may be used only for the official purposes for which the records were requested and under such procedures established by the director in conformity with rules, procedures, and standards established pursuant to Article IV of the compact.

(i) Records obtained under the compact may be used only for the official purposes for which the records were requested and under such procedures established by the director in conformity with rules, procedures, and standards established pursuant to Article IV of the compact.

(j) Notwithstanding any other law to the contrary, fingerprints or other forms of positive identification, as provided for in the compact, shall be submitted with all requests for criminal history record checks for noncriminal justice purposes authorized under the compact. Such records checks made pursuant to any other law of this state shall comply with this Code section, the compact, and federal law.

(j) Notwithstanding any other law to the contrary, fingerprints or other forms of positive identification, as provided for in the compact, shall be submitted with all requests for criminal history record checks for noncriminal justice purposes authorized under the compact. Such records checks made pursuant to any other law of this state shall comply with this Code section, the compact, and federal law.
O.C.G.A. § 35-3-1 — GA Code / Title 35 / Chapter 3 / Section 35-3-1
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-1
Status: in_force

As used in this chapter, the term:

(1) “Bureau” means the Georgia Bureau of Investigation.

(1) “Bureau” means the Georgia Bureau of Investigation.

(2) “ Director ” means the director of the Georgia Bureau of Investigation.

(2) “ Director ” means the director of the Georgia Bureau of Investigation.
O.C.G.A. § 35-3-10 — GA Code / Title 35 / Chapter 3 / Section 35-3-10
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-10
Status: in_force

All personnel and the director of the bureau are authorized to be members of the Employees' Retirement System of Georgia, as established by Chapter 2 of Title 47. All rights, credits, and funds in the retirement system which are possessed by any personnel of the bureau, including the director, at the time of employment in the bureau are continued; and it is the intention of the General Assembly that such personnel and the director shall not lose any rights, credits, or funds to which they were entitled prior to being employed with the bureau.
O.C.G.A. § 35-3-61 — GA Code / Title 35 / Chapter 3 / Section 35-3-61
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-61
Status: in_force

(a) This article is enacted as a direct response to the high level of reactivation of violent and terroristic acts against persons residing within the State of Georgia and in response to the outcry of the communities for assistance from the State of Georgia in combating these violent and terroristic acts.

(a) This article is enacted as a direct response to the high level of reactivation of violent and terroristic acts against persons residing within the State of Georgia and in response to the outcry of the communities for assistance from the State of Georgia in combating these violent and terroristic acts.

(b) The purpose of this article shall be to assist law enforcement personnel in the State of Georgia to identify, investigate, arrest, and prosecute individuals or groups of individuals who illegally threaten, harass, terrorize, or otherwise injure or damage the person or property of persons on the basis of their race, national origin, or religious persuasion.

(b) The purpose of this article shall be to assist law enforcement personnel in the State of Georgia to identify, investigate, arrest, and prosecute individuals or groups of individuals who illegally threaten, harass, terrorize, or otherwise injure or damage the person or property of persons on the basis of their race, national origin, or religious persuasion.

(c) It is the intent of the General Assembly that this article be interpreted and construed liberally to accomplish its purposes.

(c) It is the intent of the General Assembly that this article be interpreted and construed liberally to accomplish its purposes.
O.C.G.A. § 35-9-10 — GA Code / Title 35 / Chapter 9 / Section 35-9-10
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-9-10
Status: in_force

Every special policeman appointed under Code Sections 35-9-2 through 35-9-9 , this Code section, and Code Sections 35-9-11 and 35-9-12 shall at all times be subject to the rules and regulations of the appointing authority and to the supervision and control of such person or persons as the Governor of this state may from time to time designate.
O.C.G.A. § 35-2-36 — GA Code / Title 35 / Chapter 2 / Section 35-2-36
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-2-36
Status: in_force

(a) The battalion of the Uniform Division shall consist of such personnel as the commissioner, with the approval of the board, may deem necessary within the limits set by available appropriations.

(a) The battalion of the Uniform Division shall consist of such personnel as the commissioner, with the approval of the board, may deem necessary within the limits set by available appropriations.

(b) The personnel of the battalion shall be ranked according to a semimilitary structure with such ranks as the board shall deem appropriate, including, but not restricted to, the following: (1) Major; (2) Captain; (3) First lieutenant; (4) Sergeant first class; (5) Sergeant; (6) Corporal; (7) Trooper first class; (8) Trooper; (9) Trooper cadets; and (10) Process servers.

(b) The personnel of the battalion shall be ranked according to a semimilitary structure with such ranks as the board shall deem appropriate, including, but not restricted to, the following:

(1) Major;

(1) Major;

(2) Captain;

(2) Captain;

(3) First lieutenant;

(3) First lieutenant;

(4) Sergeant first class;

(4) Sergeant first class;

(5) Sergeant;

(5) Sergeant;

(6) Corporal;

(6) Corporal;

(7) Trooper first class;

(7) Trooper first class;

(8) Trooper;

(8) Trooper;

(9) Trooper cadets; and

(9) Trooper cadets; and

(10) Process servers.

(10) Process servers.

(c) Within the limits set by available appropriations, the commissioner, with the approval of the board, is authorized to employ such recruits or cadets as may be deemed necessary, who may become members of the Uniform Division but who shall not be members of the Uniform Division so long as they remain recruits or cadets; provided, however, that such recruits or cadets are designated as “peace officers” as such term is defined in paragraph (11) of Code Section 16-1-3 and shall have the authority of a peace officer.

(c) Within the limits set by available appropriations, the commissioner, with the approval of the board, is authorized to employ such recruits or cadets as may be deemed necessary, who may become members of the Uniform Division but who shall not be members of the Uniform Division so long as they remain recruits or cadets; provided, however, that such recruits or cadets are designated as “peace officers” as such term is defined in paragraph (11) of Code Section 16-1-3 and shall have the authority of a peace officer.

(d) The commissioner shall prescribe rules and regulations governing the enlistment and training of recruits or cadets subject to the approval of the board.

(d) The commissioner shall prescribe rules and regulations governing the enlistment and training of recruits or cadets subject to the approval of the board.
O.C.G.A. § 35-1-8 — GA Code / Title 35 / Chapter 1 / Section 35-1-8
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-1-8
Status: in_force

(a) It shall be the duty of every law enforcement agency to: (1) Acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual; (2) Acquire, collect, classify, and preserve immediately any information which would assist in the location of any missing person, including any minor, and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person and the agency shall acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin; (3) Exchange such records and information as provided in paragraphs (1) and (2) of this subsection with other law enforcement agencies of this state, any other state, or the United States. With respect to missing minors, such information shall be transmitted immediately to other law enforcement agencies; and (4) Report any case of an unusual illness, health condition, or death, or an unusual cluster of such events, or any other suspicious health related event to the Department of Public Health and the appropriate county board of health.

(a) It shall be the duty of every law enforcement agency to:

(1) Acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual;

(1) Acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual;

(2) Acquire, collect, classify, and preserve immediately any information which would assist in the location of any missing person, including any minor, and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person and the agency shall acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin;

(2) Acquire, collect, classify, and preserve immediately any information which would assist in the location of any missing person, including any minor, and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person and the agency shall acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin;

(3) Exchange such records and information as provided in paragraphs (1) and (2) of this subsection with other law enforcement agencies of this state, any other state, or the United States. With respect to missing minors, such information shall be transmitted immediately to other law enforcement agencies; and

(3) Exchange such records and information as provided in paragraphs (1) and (2) of this subsection with other law enforcement agencies of this state, any other state, or the United States. With respect to missing minors, such information shall be transmitted immediately to other law enforcement agencies; and

(4) Report any case of an unusual illness, health condition, or death, or an unusual cluster of such events, or any other suspicious health related event to the Department of Public Health and the appropriate county board of health.

(4) Report any case of an unusual illness, health condition, or death, or an unusual cluster of such events, or any other suspicious health related event to the Department of Public Health and the appropriate county board of health.

(b)(1) For purposes of this subsection, “facility” means a facility pursuant to Chapter 3, 4, or 7 of Title 37, relating to treatment of mentally ill, developmentally disabled, and alcoholic or drug dependent persons, or an institution classified as a nursing home pursuant to Code Section 31-7-1 . (2) A person hospitalized or resident in a facility shall be considered to be a missing person at the time such person's unaccounted for absence from that facility is reported by that facility, either by telephone or in writing, to a law enforcement agency.

(b)(1) For purposes of this subsection, “facility” means a facility pursuant to Chapter 3, 4, or 7 of Title 37, relating to treatment of mentally ill, developmentally disabled, and alcoholic or drug dependent persons, or an institution classified as a nursing home pursuant to Code Section 31-7-1 .

(b)(1) For purposes of this subsection, “facility” means a facility pursuant to Chapter 3, 4, or 7 of Title 37, relating to treatment of mentally ill, developmentally disabled, and alcoholic or drug dependent persons, or an institution classified as a nursing home pursuant to Code Section 31-7-1 .

(2) A person hospitalized or resident in a facility shall be considered to be a missing person at the time such person's unaccounted for absence from that facility is reported by that facility, either by telephone or in writing, to a law enforcement agency.

(2) A person hospitalized or resident in a facility shall be considered to be a missing person at the time such person's unaccounted for absence from that facility is reported by that facility, either by telephone or in writing, to a law enforcement agency.

(c) Any law enforcement agency which receives a report that a person who has Alzheimer's disease or other mental illness involving dementia is missing shall immediately open an investigation for the purpose of determining such person's whereabouts; and no policy for applying any waiting period prior to initiation of a missing persons investigation shall apply in the case of a person who has Alzheimer's disease or other mental illnesses involving dementia.

(c) Any law enforcement agency which receives a report that a person who has Alzheimer's disease or other mental illness involving dementia is missing shall immediately open an investigation for the purpose of determining such person's whereabouts; and no policy for applying any waiting period prior to initiation of a missing persons investigation shall apply in the case of a person who has Alzheimer's disease or other mental illnesses involving dementia.
O.C.G.A. § 35-2-86 — GA Code / Title 35 / Chapter 2 / Section 35-2-86
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-2-86
Status: in_force

In addition to any other relief or sanction for a violation of Code Section 35-2-82 or 35-2-83 , where the violation is willful, the commissioner shall be entitled to collect a civil penalty in the amount of $500.00 for each violation. Further, when there is a finding of willful violation, the commissioner shall be entitled to recover reasonable attorney's fees for bringing any action against the violator. The commissioner shall be entitled to seek civil sanctions in the Superior Court of Fulton County or in the county of residence of the violator.
O.C.G.A. § 35-8-17 — GA Code / Title 35 / Chapter 8 / Section 35-8-17
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-8-17
Status: in_force

(a) Any peace officer so employed who does not comply with this chapter shall not be authorized to exercise the powers of a law enforcement officer generally and particularly shall not be authorized to exercise the power of arrest.

(a) Any peace officer so employed who does not comply with this chapter shall not be authorized to exercise the powers of a law enforcement officer generally and particularly shall not be authorized to exercise the power of arrest.

(b) The council is authorized to bring a civil action against any peace officer who does not comply with this chapter to enjoin the peace officer from performing any and all functions of a peace officer, including the power of arrest, until the officer shall meet the certification or registration requirements of this chapter.

(b) The council is authorized to bring a civil action against any peace officer who does not comply with this chapter to enjoin the peace officer from performing any and all functions of a peace officer, including the power of arrest, until the officer shall meet the certification or registration requirements of this chapter.

(c) The council is authorized to bring a civil action against any law enforcement unit which employs or appoints any peace officer who fails to meet the certification or registration requirements of this chapter to enjoin the law enforcement unit from allowing the peace officer to perform any and all peace officer functions, including exercising the power of arrest, until such time as the peace officer shall comply with the certification or registration requirements of this chapter.

(c) The council is authorized to bring a civil action against any law enforcement unit which employs or appoints any peace officer who fails to meet the certification or registration requirements of this chapter to enjoin the law enforcement unit from allowing the peace officer to perform any and all peace officer functions, including exercising the power of arrest, until such time as the peace officer shall comply with the certification or registration requirements of this chapter.
O.C.G.A. § 35-2-10 — GA Code / Title 35 / Chapter 2 / Section 35-2-10
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-2-10
Status: in_force

(a) The department shall have the authority to make awards to employees of the department on behalf of the department or the state in recognition of outstanding service, heroism, or other exemplary acts arising out of the performance of their duties. All expenditures incurred in making such awards shall be defrayed from the department's regular operating budget and shall not exceed $100.00 per award.

(a) The department shall have the authority to make awards to employees of the department on behalf of the department or the state in recognition of outstanding service, heroism, or other exemplary acts arising out of the performance of their duties. All expenditures incurred in making such awards shall be defrayed from the department's regular operating budget and shall not exceed $100.00 per award.

(b) The board shall promulgate rules and regulations in connection with the granting of the awards provided for in this Code section.

(b) The board shall promulgate rules and regulations in connection with the granting of the awards provided for in this Code section.
O.C.G.A. § 35-3-154 — GA Code / Title 35 / Chapter 3 / Section 35-3-154
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-154
Status: in_force

The division shall:

(1) Establish written standards and procedures for the administration of forensic testing. The division shall retain a copy of any procedure adopted pursuant to this paragraph which is modified for a period of five years from the date of its being superseded by the modification;

(1) Establish written standards and procedures for the administration of forensic testing. The division shall retain a copy of any procedure adopted pursuant to this paragraph which is modified for a period of five years from the date of its being superseded by the modification;

(2) Adopt rules and regulations as required by law; and

(2) Adopt rules and regulations as required by law; and

(3) In cooperation with the Georgia Peace Officer Standards and Training Council, provide for the training and certification of operators of such breath test equipment. A copy of such operator's certificate shall be prima-facie evidence in any civil, criminal, or administrative proceeding that such operator was qualified to operate such equipment.

(3) In cooperation with the Georgia Peace Officer Standards and Training Council, provide for the training and certification of operators of such breath test equipment. A copy of such operator's certificate shall be prima-facie evidence in any civil, criminal, or administrative proceeding that such operator was qualified to operate such equipment.
O.C.G.A. § 35-2-8 — GA Code / Title 35 / Chapter 2 / Section 35-2-8
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-2-8
Status: in_force

The commissioner shall appoint a comptroller to ensure the proper receipt, accounting, and disbursement of funds of the department. The comptroller shall not be a member of the Uniform Division of the department. The comptroller shall give a good and sufficient surety bond in the amount of $100,000.00, payable to the Governor and his successors in office and to be approved by the commissioner, conditioned for the faithful discharge of his duties and the faithful accounting of all funds received by him.
O.C.G.A. § 35-2-3 — GA Code / Title 35 / Chapter 2 / Section 35-2-3
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-2-3
Status: in_force

(a) There is created the position of commissioner of public safety. The commissioner shall be the chief administrative officer and shall be both appointed and removed by the board with the approval of the Governor. Except as otherwise provided by law and subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department by law.

(a) There is created the position of commissioner of public safety. The commissioner shall be the chief administrative officer and shall be both appointed and removed by the board with the approval of the Governor. Except as otherwise provided by law and subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department by law.

(b) The commissioner shall be authorized to promulgate rules and regulations as necessary to carry out his or her official duties.

(b) The commissioner shall be authorized to promulgate rules and regulations as necessary to carry out his or her official duties.
O.C.G.A. § 35-3-200 — GA Code / Title 35 / Chapter 3 / Section 35-3-200
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-3-200
Status: in_force

As used in this article, the term:

(1) “ Center ” means the Georgia Information Sharing and Analysis Center.

(1) “ Center ” means the Georgia Information Sharing and Analysis Center.

(2) “ Fusion center ” means collaborative effort which combines resources, expertise, intelligence, and other information from various agencies of state and local governments with the goal of maximizing the ability of this state to detect, prevent, and respond to criminal activities or to otherwise engage in homeland security activities.

(2) “ Fusion center ” means collaborative effort which combines resources, expertise, intelligence, and other information from various agencies of state and local governments with the goal of maximizing the ability of this state to detect, prevent, and respond to criminal activities or to otherwise engage in homeland security activities.

(3) “ Homeland security activity ” means any activity related to the prevention or discovery of, response to, or recovery from: (A) A terrorist attack; (B) A hostile military or paramilitary action; or (C) An extraordinary law enforcement emergency, as designated by the Governor.

(3) “ Homeland security activity ” means any activity related to the prevention or discovery of, response to, or recovery from:

(A) A terrorist attack;

(A) A terrorist attack;

(B) A hostile military or paramilitary action; or

(B) A hostile military or paramilitary action; or

(C) An extraordinary law enforcement emergency, as designated by the Governor.

(C) An extraordinary law enforcement emergency, as designated by the Governor.
O.C.G.A. § 35-8-7-2 — GA Code / Title 35 / Chapter 8 / Section 35-8-7-2
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-8-7.2
Status: in_force

(a) Except as otherwise provided in subsection (b) of this Code section, proceedings of the council in the exercise of its authority to issue any certificate or discipline any peace officer under the terms of this chapter shall be conducted in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” In all such proceedings the council shall have authority to compel the attendance of witnesses and the production of any book, writing, or document upon the issuance of a subpoena therefor. In any hearing in which the fitness of a peace officer or applicant is in question, the council may exclude all persons from its deliberation of the appropriate action and may, when it deems necessary, speak to the peace officer or applicant in private. All final determinations, findings, and conclusions of the council under this chapter are final and conclusive decisions of the matters involved.

(a) Except as otherwise provided in subsection (b) of this Code section, proceedings of the council in the exercise of its authority to issue any certificate or discipline any peace officer under the terms of this chapter shall be conducted in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” In all such proceedings the council shall have authority to compel the attendance of witnesses and the production of any book, writing, or document upon the issuance of a subpoena therefor. In any hearing in which the fitness of a peace officer or applicant is in question, the council may exclude all persons from its deliberation of the appropriate action and may, when it deems necessary, speak to the peace officer or applicant in private. All final determinations, findings, and conclusions of the council under this chapter are final and conclusive decisions of the matters involved.

(b) Proceedings for review of a final decision of the council shall be instituted by filing a petition within 30 days after the service of the final decision of the council or, if a rehearing is requested, within 30 days after the decision thereon. The petition shall be filed in the superior court of the county of residence of the petitioner.

(b) Proceedings for review of a final decision of the council shall be instituted by filing a petition within 30 days after the service of the final decision of the council or, if a rehearing is requested, within 30 days after the decision thereon. The petition shall be filed in the superior court of the county of residence of the petitioner.
O.C.G.A. § 35-2-49-1 — GA Code / Title 35 / Chapter 2 / Section 35-2-49-1
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-2-49.1
Status: in_force

(a) As used in this Code section, the term “ disability ” means a disability that prevents an individual from working as a law enforcement officer.

(a) As used in this Code section, the term “ disability ” means a disability that prevents an individual from working as a law enforcement officer.

(b) When a member of the Uniform Division of the Department of Public Safety leaves the Uniform Division as a result of a disability arising in the line of duty, such member of the Uniform Division shall be entitled as part of such officer's compensation to retain his or her weapon and badge in accordance with regulations promulgated by the commissioner.

(b) When a member of the Uniform Division of the Department of Public Safety leaves the Uniform Division as a result of a disability arising in the line of duty, such member of the Uniform Division shall be entitled as part of such officer's compensation to retain his or her weapon and badge in accordance with regulations promulgated by the commissioner.
O.C.G.A. § 35-2-75 — GA Code / Title 35 / Chapter 2 / Section 35-2-75
Georgia Code Title 35. Law Enforcement Officers and Agencies § 35-2-75
Status: in_force

The board shall be authorized to promulgate and adopt such rules, regulations, and orders in regard to security guards as in its judgment public service may demand.