GA Code § 12-6-20 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 6 - Forest Resources and Other Plant Life|Article 1 - Forest Resources|Part 1 - State Forestry Commission|§ 12-6-20. Investigation and Enforcement of Forestry Laws; Powers of Forestry Investigators

  As used in this Code section, the term "forestry laws" means laws relating to forestry or timber resources and the protection, security, conservation, or sale of such resources.   The investigators so appointed and any fire-fighting crews under their direction may enter upon any land for the purpose of preventing and suppressing fires and enforcing the fire and other forestry laws of this state.   Investigators who have been so appointed shall be certified by the Georgia Peace Officer Standards and Training Council after having successfully completed the course of training required by Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," and thereafter shall be authorized and empowered to:   Make summary arrests for violations of the fire and other forestry laws of this state; and, in case of such arrests, the investigator shall as soon as possible deliver the arrested person or persons to the custody of the sheriff of the county wherein the offense was committed;   Arrest persons accused of violating any law which such investigators are empowered to enforce by the issuance of a citation, provided that the offense is committed in the presence of the investigator or information concerning the offense constituting a basis for arrest was received by the arresting investigator from a law enforcement officer, commission firefighter, or forester who observed the offense being committed. The arresting investigator may issue to the accused person a citation which shall enumerate the specific charges against such person and the date upon which such person is to appear and answer such charges. Whenever an arrest is made by the arresting investigator on the basis of information received from another law enforcement officer, commission firefighter, or forester who observed the offense being committed, such citation shall list the name of each officer, firefighter, or forester and each officer, firefighter, or forester shall be present when the charges against the offender are heard;   Execute search warrants and arrest warrants for criminal violations relating to the forestry laws of this state and to arrest, upon probable cause and without warrant, any person the investigator observes violating any criminal law of this state while carrying out his or her duties, provided that such person shall immediately be delivered to the sheriff of the county where the violation occurred; and   Carry weapons in order to execute their enforcement authority under this Code section.       Upon initiating any investigation regarding the potential theft or conversion of timber, the investigator shall promptly notify the sheriff or other law enforcement agency exercising jurisdiction within the county or municipality in which the investigator is conducting such investigation. No investigator shall request any other state law enforcement agency to render assistance in any investigation relating to the theft or conversion of timber without the consent of the sheriff or other law enforcement agency exercising jurisdiction within the county or municipality in which the investigation is conducted.   The director may, and in the case of a request by the Governor shall, authorize and direct investigators to cooperate with and render assistance to any law enforcement agency of this state or of any political subdivision of this state in any criminal case, in the prevention or detection of violations of any law, or in the apprehension or arrest of any person who violates the criminal laws of this state, any other state, or the United States, upon a request by the sheriff or chief law enforcement officer of any political subdivision of this state or by the Governor.   Nothing in this Code section shall repeal, supersede, alter, affect, or otherwise usurp the power of any other law enforcement officer of this state or of any political subdivision of this state.     If any person charged by citation as provided in paragraph (2) of subsection (c) of this Code section shall fail to appear in court as specified in the citation, the judge having jurisdiction of the offense may issue a warrant ordering the apprehension of such person and commanding that he or she be brought before the court to answer the charge contained within such citation and the charge of his or her failure to appear as required. Such person shall then be allowed to make a reasonable bond to appear on a given date before the court.    (a.1)The director, with the approval of the commission, may appoint investigators to enforce the forestry laws of this state.   (Ga. L. 1925, p. 199, § 8; Ga. L. 1931, p. 7, § 21; Code 1933, § 43-208; Ga. L. 1937, p. 264, § 9; Ga. L. 1952, p. 211, § 1; Ga. L. 1955, p. 309, § 30; Ga. L. 2008, p. 444, § 1/SB 400; Ga. L. 2009, p. 8, § 12/SB 46; Ga. L. 2014, p. 695, § 2/HB 790.)   Cross references.   - Forest fire prevention and control generally, § 12-6-80 et seq.   OPINIONS OF THE ATTORNEY GENERAL    Purpose of statute is to merely define the authority of forestry investigators to enter upon land to combat fires, but in so doing the statute also necessarily confers upon private fire forces the right to enter upon land under the direction of a forestry investigator. 1954-56 Op. Att'y Gen. p. 349 (see O.C.G.A. § 12-6-20).    Forestry investigators are employees of the state  and not public officers. 1952-53 Op. Att'y Gen. p. 95.   RESEARCH REFERENCES   Am. Jur. 2d.   - 5 Am. Jur. 2d, Arrest, §§ 30, 31. 35A Am. Jur. 2d, Fires, § 5.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, §§ 197, 226. 94 C.J.S., Weapons, § 7 et seq. 98 C.J.S., Woods and Forests, § 5.