reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 1 - GENERAL PROVISIONS (§§ 35-1-1 — 35-1-23) › Section 35-1-12 - Chief of police or law enforcement head; exception

Any county, municipality, or other public subdivision of this state which has a law enforcement agency shall declare a chief of police or a law enforcement head for such law enforcement agency who is required to be a certified peace officer pursuant to the provisions of Chapter 8 of this title, known as the "Georgia Peace Officer Standards and Training Act." The provisions of this Code section shall not apply to sheriffs.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 1 - GENERAL PROVISIONS (§§ 35-1-1 — 35-1-23) › Section 35-1-13 - Completion and transmission of reports from victims of identity fraud

Notwithstanding any other provision of law, any law enforcement agency that receives a report from a resident of this state that such person has been the victim of identity fraud shall prepare an incident report and transmit the same to the Georgia Bureau of Investigation identity fraud repository, as provided in Code Section
16-9-123
, notwithstanding the fact that such person's identity may have been used solely to commit one or more criminal offenses beyond the jurisdiction of this state. Copies of such incident reports shall be referred from the office of the Attorney General to the Georgia Crime Information Center as provided in Chapter 3 of this title and to any jurisdiction in which such identity has been used.
Amended by 2015 Ga. Laws 187,§ 25, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 1 - GENERAL PROVISIONS (§§ 35-1-1 — 35-1-23) › Section 35-1-14 - Written policies for emergency pursuits

On and after January 1, 2004, each state, county, and local law enforcement agency that conducts emergency response and vehicular pursuits shall adopt written policies that set forth the manner in which these operations shall be conducted. Each law enforcement agency may create its own such policies or adopt an existing model. All pursuit policies created or adopted by any law enforcement agency must address situations in which police pursuits cross over into other jurisdictions. Law enforcement agencies which do not comply with the requirements of this Code section are subject to the withholding of any state funding or state administered federal funding.
Amended by 2006 Ga. Laws 453,§ 35, eff. 4/14/2006.
Added by 2003 Ga. Laws 395, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 1 - GENERAL PROVISIONS (§§ 35-1-1 — 35-1-23) › Section 35-1-15 - Fresh pursuit by law enforcement officers; authority and responsibilities of officers; applicability

(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.
(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.
(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.
Amended by 2009 Ga. Laws 8,§ 35, eff. 4/14/2009.
Added by 2008 Ga. Laws 426,§ 1, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 1 - GENERAL PROVISIONS (§§ 35-1-1 — 35-1-23) › Section 35-1-16 - Training law enforcement officers investigating crimes involving trafficking persons for labor or sexual servitude

(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.
(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.
Added by 2011 Ga. Laws 54,§ 8, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 1 - GENERAL PROVISIONS (§§ 35-1-1 — 35-1-23) › Section 35-1-18 - Prohibition on minimum waiting periods for initiating missing person report

No law enforcement agency shall implement a policy or practice which mandates a minimum waiting period before initiating a missing person report with such agency; provided, however, that it shall remain within the discretion of the law enforcement agency to determine what action, if any, is required in response to such a report.
Added by 2014 Ga. Laws 622,§ 2, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 1 - GENERAL PROVISIONS (§§ 35-1-1 — 35-1-23) › Section 35-1-19 - Disclosure of arrest booking photographs prohibited

(a)
As used in this Code section, the term "booking photograph" means a photograph or image of an individual taken by an arresting law enforcement agency for the purpose of identification or taken when such individual was processed into a jail.
(b)
Except as provided in Code Section
50-18-77
and booking photographs required for publication as set forth in Titles 16 and 40, for the State Sexual Offender Registry, and for use by law enforcement agencies for administrative purposes, an arresting law enforcement agency or agent thereof shall not post booking photographs to or on a website.
(c)
An arresting law enforcement agency shall not provide or make available a copy of a booking photograph in any format to a person requesting such photograph if:
(1)
Such booking photograph may be placed in a publication or posted to a website or transferred to a person to be placed in a publication or posted to a website; and
(2)
Removal or deletion of such booking photograph from such publication or website requires the payment of a fee or other consideration.
(d)
When a person requests a booking photograph, he or she shall submit a statement affirming that the use of such photograph is in compliance with subsection (c) of this Code section. Any person who knowingly makes a false statement in requesting a booking photograph shall be guilty of a violation of Code Section
16-10-20
.
Added by 2014 Ga. Laws 627,§ 1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 1 - GENERAL PROVISIONS (§§ 35-1-1 — 35-1-23) › Section 35-1-20 - Retention of weapons by officers following employment

(a)
As used in this Code section, the term:
(1)
"Honorable conditions" means conditions of having satisfied, met, or exceeded the conduct and performance standards established by the state entity for sworn police officers.
(2)
"State entity" means any state department, agency, board, bureau, office, commission, public corporation, system, or authority.
(b)
The governing authority of each municipality and county in this state and each board of education which employs sworn police officers who are certified by the Georgia Peace Officer Standards and Training Council may adopt policies under which such sworn police officers, upon their retirement from employment by such municipality, county, or board of education or upon leaving such employment as a result of a disability arising in the line of duty, shall be entitled, as part of their compensation, to retain their weapon and badge.
(c)
Except where otherwise provided for by law for a state entity, each state entity which employs sworn police officers who are certified by the Georgia Peace Officer Standards and Training Council shall adopt rules, regulations, or policies under which such sworn police officers, upon their retirement from employment by such state entity or upon leaving such employment as a result of a disability arising in the line of duty, shall be entitled, as part of their compensation, to retain their weapon and badge; provided, however, that such sworn police officers retire or leave under honorable conditions.
Amended by 2017 Ga. Laws 20,§ 2, eff. 7/1/2017.
Added by 2016 Ga. Laws 609,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 1 - GENERAL PROVISIONS (§§ 35-1-1 — 35-1-23) › Section 35-1-21 - Development of guidelines and procedures for training in identifying domestic terrorism and reporting information to Georgia Information Sharing and Analysis Center

(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.
(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.
Added by 2017 Ga. Laws 208,§ 5-1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 1 - GENERAL PROVISIONS (§§ 35-2-1 — 35-2-16) › Section 35-2-2 - Creation of Department of Public Safety

There is created a Department of Public Safety.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 1 - GENERAL PROVISIONS (§§ 35-2-1 — 35-2-16) › Section 35-2-3 - Commissioner of public safety-Creation; appointment and removal; powers and duties; rules and regulations

(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.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 1 - GENERAL PROVISIONS (§§ 35-2-1 — 35-2-16) › Section 35-2-4 - Commissioner of public safety - Membership in Uniform Division; reversion to original rank upon removal without prejudice from office

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.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 1 - GENERAL PROVISIONS (§§ 35-2-1 — 35-2-16) › Section 35-2-5 - Commissioner of public safety - Rank in Uniform Division; chief officer

As prescribed by the board, the commissioner may rank as senior colonel in the Uniform Division and may be the chief officer thereof or the board may appoint a colonel in the Uniform Division as the chief officer thereof.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 1 - GENERAL PROVISIONS (§§ 35-2-1 — 35-2-16) › Section 35-2-6 - Employment of temporary expert assistance

In perfecting the organization of the department or any division thereof, the commissioner shall be authorized with approval of the board to employ and provide compensation for such expert temporary assistance as may be necessary.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 1 - GENERAL PROVISIONS (§§ 35-2-1 — 35-2-16) › Section 35-2-7 - Deputy commissioner of public safety - Appointment; term of office; rank; membership in Uniform Division; duties; oath

(a)
The commissioner is vested with authority to appoint a deputy commissioner of public safety, who shall have the rank of lieutenant colonel in the Uniform Division of the department.
(b)
The deputy commissioner may be a member of the Uniform Division of the department and upon removal from office without prejudice he shall revert to the original rank in the Uniform Division which he held when he was appointed to office.
(c)
His appointment shall be subject to confirmation by the board.
(d)
The deputy commissioner shall perform such duties as he may be charged with by the commissioner, and in case of a vacancy shall act as commissioner until an appointment is made to fill the vacancy.
(e)
The deputy commissioner shall take the same oath as that required of the commissioner, which oath shall be administered by the commissioner.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 1 - GENERAL PROVISIONS (§§ 35-2-1 — 35-2-16) › Section 35-2-8 - Comptroller - Appointment; membership in Uniform Division prohibited; bond

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.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 1 - GENERAL PROVISIONS (§§ 35-2-1 — 35-2-16) › Section 35-2-9 - Payment of medical and other similar expenses of members of Georgia State Patrol injured in line of duty; procedure

The department is authorized to pay all medical, surgical, hospital, nursing, and other similar expenses incurred by any member of the Georgia State Patrol as a result of injuries received in the line of duty. The department is authorized to make such payments in addition to any award made by the State Board of Workers' Compensation based on such injuries. Such payments shall only be made upon proper presentation of bills to the comptroller of the department. The comptroller and the injured party shall together ascertain the correctness of all bills presented. No payments shall be made without the approval of the commissioner.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 1 - GENERAL PROVISIONS (§§ 35-2-1 — 35-2-16) › Section 35-2-10 - Awards to employees for outstanding service, heroism, or other exemplary acts; maximum amount of award; promulgation of rules and regulations for granting awards

(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.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 1 - GENERAL PROVISIONS (§§ 35-2-1 — 35-2-16) › Section 35-2-11 - Commissioner authorized to provide and equip lecturers for lectures and demonstrations in public schools

The commissioner is authorized to furnish one or more lecturers to conduct lectures and demonstrations relating to public safety in the public schools in cooperation with school authorities. The commissioner may furnish such lecturers with appropriate literature and equipment.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 1 - GENERAL PROVISIONS (§§ 35-2-1 — 35-2-16) › Section 35-2-12 - Contribution to political campaigns by employees of department

No person in the employ of the department shall, either directly or indirectly, contribute any money or any other thing of value to any person, organization, or committee for political campaign or election in county or state primaries or general elections.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 1 - GENERAL PROVISIONS (§§ 35-2-1 — 35-2-16) › Section 35-2-13 - Headquarters for commissioner and deputy commissioner of public safety and divisions

The department is authorized to provide comfortable and accessible headquarters for the commissioner and deputy commissioner of public safety and for the various divisions thereof. The department is authorized and empowered to provide such quarters and offices by purchase, lease, or construction, any contract made or title acquired to be made in the name of and on behalf of the State of Georgia.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 1 - GENERAL PROVISIONS (§§ 35-2-1 — 35-2-16) › Section 35-2-14 - "Peace officer" defined; enforcement of immigration and custom laws

(a)
As used in this Code section, the term "peace officer" means peace officer as defined in subparagraph (A) of paragraph (8) of Code Section
35-8-2
, as amended.
(b)
The commissioner is authorized and directed to negotiate the terms of a memorandum of understanding between the State of Georgia and the United States Department of Justice or Department of Homeland Security concerning the enforcement of federal immigration and customs laws, detention and removals, and investigations in the State of Georgia.
(c)
The memorandum of understanding negotiated pursuant to subsection (b) of this Code section shall be signed on behalf of the state by the commissioner and the Governor or as otherwise required by the appropriate federal agency.
(d)
The commissioner shall annually designate no fewer than ten peace officers to apply to be trained pursuant to the memorandum of understanding provided for in subsections (b) and (c) of this Code section. Such training shall be funded pursuant to any federal Homeland Security Appropriation Act or any subsequent source of federal funding. The provisions of this subsection shall become effective upon such funding.
(e)
A peace officer certified as trained in accordance with the memorandum of understanding as provided in this Code section is authorized to enforce federal immigration and customs laws while performing within the scope of his or her authorized duties.
Amended by 2011 Ga. Laws 252,§ 10, eff. 7/1/2011.
Added by 2006 Ga. Laws 457,§ 4, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 1 - GENERAL PROVISIONS (§§ 35-2-1 — 35-2-16) › Section 35-2-15 - Off-duty use of motor vehicles and other equipment by certain law enforcement officers; conditions for use; rules and regulations

(a)
(1)
Certified law enforcement officers employed by the department may use a department motor vehicle while working an off-duty job if such job requires vested police powers as a condition of employment, has been approved by the commissioner, and has been determined by the commissioner to be in furtherance of the department's mission and service to the state. Department motor vehicles used for off-duty employment shall not be used at any political function.
(2)
Except as otherwise provided for in this subsection, department motor vehicles shall be used only in the discharge of official duties.
(3)
Any other equipment shall be used only with the express written approval of the commissioner. The commissioner shall adopt rules and regulations governing the use of equipment subject to approval of the Board of Public Safety.
(b)
The commissioner, in his or her sole discretion, in granting approval for such off-duty job in which a department motor vehicle is used, prior to the use of such vehicle, shall determine whether the off-duty employer provided for in subsection (a) of this Code section shall reimburse the department for use of the vehicle. When reimbursement is required, such off-duty employer shall enter into a written agreement with the department to pay an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such agreement, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; provided, however, that such compensation shall not be characterized as direct employment compensation but shall be paid as services under contract.
(c)
Employees of the department operating a department motor vehicle pursuant to this Code section shall be deemed to be acting within the scope of their official duties and employment within the meaning of Code Section
50-21-20
, et seq., and the commissioner of administrative services shall provide liability coverage for claims arising out of such use. The commissioner shall adopt rules and regulations governing the use of equipment subject to approval of the Board of Public Safety.
Amended by 2017 Ga. Laws 275,§ 35, eff. 5/9/2017.
Added by 2016 Ga. Laws 449,§ 3, eff. 4/26/2016.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 1 - GENERAL PROVISIONS (§§ 35-2-1 — 35-2-16) › Section 35-2-16 - Subsistence and per diem for employees; retention of badge and weapon upon retirement; salary increases; impact on other statutory provisions

(a)
The commissioner shall be authorized to provide for a subsistence and per diem allowance for employees of the department.
(b)
The commissioner shall be authorized to pay to sworn employees of the department additional compensation upon any such employee's retirement in the form of the badge and the duty weapon issued by the department to such employee.
(c)
The commissioner shall be authorized to grant a salary increase to those sworn employees of the department and those communications officers who have obtained degrees from an accredited member of the Federation of Regional Accrediting Commissions of Higher Education or who have obtained a degree of completion from some other educational institution with respect to a course of instruction related to law enforcement, so long as both the course of instruction and the institution are specifically approved by the commissioner.
(d)
This Code section is not intended to repeal existing law concerning the following:
(1)
The authority of the board to pay certain medical expenses incurred by any member of the Georgia State Patrol or the Georgia Bureau of Investigation;
(2)
The authority of the commissioner to provide uniforms and supplies to members of the Uniform Division; or
(3)
The requirement that board and quarters be furnished to every member of the Uniform Division on active duty.
Added by 2021 Ga. Laws 217,§ 1, eff. 5/4/2021.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-30 - Creation and designation

There is created and established a division of the Department of Public Safety to be known as the Uniform Division, the members of which shall be known and designated as the "Georgia State Patrol."
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-31 - Composition

The Uniform Division of the Department of Public Safety shall consist of:
(1)
The officers, noncommissioned officers, and troopers of the headquarters staff;
(2)
The officers, noncommissioned officers, and troopers of one battalion.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-32 - Jurisdiction; primary duty; patrolling of safety rest areas and welcome centers

(a)
The Uniform Division of the department shall have jurisdiction throughout this state with such duties and powers as are prescribed by law.
(b)
It shall be the primary duty of the Uniform Division to patrol the public roads and highways of this state, including interstate and state maintained highways, and to safeguard the lives and property of the public; and such duty shall also include accident investigation and traffic enforcement. The Uniform Division shall prevent, detect, and investigate violations of the criminal laws of this state, any other state, or the United States which are committed upon these public roads and highways or upon property appertaining thereto and shall apprehend and arrest those persons who violate such criminal laws.
(c)
Without limiting the generality of any other provisions of this article, it is specifically provided that the Uniform Division shall have jurisdiction to patrol safety rest areas and welcome centers located on or adjacent to the state highway system for the purposes of:
(1)
enforcing the laws of this state relating to the use, ownership, control, licensing, and registration of motor vehicles;
(2)
enforcing the criminal laws of this state; and
(3)
enforcing the laws of this state and the regulations of the Department of Transportation with respect to the use of such safety rest areas and welcome centers. The limitations of paragraph (5) of subsection (a) of Code Section
35-2-33
shall not apply with respect to enforcement in safety rest areas and welcome centers.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-34 - Composition of headquarters staff

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.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-35 - Performance of clerical duties by headquarters staff; transfer of members of headquarters staff by commissioner

The clerical duties at headquarters shall be performed by the headquarters staff. The commissioner, in his discretion, may transfer any member of the headquarters staff to any other division or district for any other duty.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-36 - Composition of battalion; rank of battalion personnel; employment of recruits or cadets by commissioner; promulgation of rules and regulations as to enlistment and training of recruits or cadets

(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.
(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.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-36.1 - Auxiliary Service of the Uniform Division; appointment of members; salary; authority and powers; equipment; eligibility

(a)
There is created within the Uniform Division, a special service known as the Auxiliary Service. The members of the Auxiliary Service of the Uniform Division shall be appointed by the commissioner on a part-time basis and shall serve at the pleasure of the commissioner. The members shall have such rank as assigned by the commissioner. The members of the Auxiliary Service shall be paid on an hourly basis and, with the exception of workers' compensation medical coverage and any benefits mandated by federal law, shall not be entitled to any employee benefits based on their employment in the Auxiliary Service.
(b)
Members of the Auxiliary Service shall have the same authority and powers as other members of the Uniform Division.
(c)
The commissioner is authorized to furnish the members of the Auxiliary Service with such equipment, uniforms, and badges as the commissioner deems necessary for the duties of such members.
(d)
No person shall be eligible for appointment in the Auxiliary Service unless that person has, prior to such appointment, successfully completed trooper school, served in the Uniform Division, and voluntarily left the Uniform Division in good standing through retirement, resignation, or otherwise. Persons appointed to the Auxiliary Service must complete the annual training required under Code Section
35-8-21
for certified law enforcement officers, provided that such persons may serve up to six months without having such training. The Department of Public Safety is authorized to provide or to pay for such training in the same fashion that it provides or pays for such training for members of the Uniform Division.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-37 - Employment of communications officers to support battalion generally

To support the battalion, the commissioner, with the approval of the board, is authorized to employ such communications officers as may be necessary, within the limits set by available appropriations. Such personnel shall not be considered members of the Uniform Division. Communications officers may be divided into such ranks or categories as the commissioner, with the approval of the board, deems appropriate.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-38 - Division of state into districts or divisions by commissioner

The commissioner, with the approval of the board, is authorized to divide the state into districts or divisions as may be necessary for the purpose of effectually patrolling the public roads and highways of the state and of the counties thereof and for combating, detecting, and preventing crime.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-39 - Provision of barracks and quarters for officers and troopers of Uniform Division

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.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-40 - Purchase, lease, or construction of barracks and equipment for districts or divisions; acceptance of property, equipment, or services

In the event any district or division headquarters is established by the commissioner, he shall be authorized, with the approval of the board, to purchase, lease, or construct proper quarters or barracks for the men and equipment at such district or division, and to this end may contract with municipalities, persons, or corporations in the name of the state. Subject to the provisions of Code Section
50-16-38
and Code Section
35-2-41.1
, the board is authorized to accept in the name and on behalf of the state any property, equipment, or service that may be donated for use at headquarters or any division or district thereof which may be of value to any division of the department.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-41 - Municipality and county purchase or conveyance of property for use as division or district headquarters; effect if property has reversionary clause; approval of contracts

Subject to the provisions of Code Section
35-2-41.1
, any municipality or county of this state is authorized to purchase and convey property by deed, gift, rent, or lease for the use of the department for division or district headquarters. If the deed from the municipality or county to the property to be used for such headquarters contains a reversionary clause to the effect that the property shall revert to the municipality or county in the event it ceases to be used for the headquarters, the commissioner shall not be authorized to enter into any contract or agreement relative to the construction of quarters, barracks, or other facilities for such headquarters which shall, in any manner whatsoever, obligate the department to pay for more than one-half the costs of construction of the quarters, barracks, or other facilities. Any such contract or agreement must be approved by the board.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-41.1 - Donation or conveyance of property, equipment, or services to the department; procedure

(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.
Amended by 2014 Ga. Laws 669,§ 35, eff. 4/29/2014.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-42 - Personnel administration

All members of the Uniform Division, all communications officers, and all recruits or cadets shall be governed by rules and regulations as now or hereafter established under Chapter 20 of Title 45.
Amended by 2021 Ga. Laws 217,§ 2, eff. 5/4/2021.
Amended by 2006 Ga. Laws 936,§ 1, eff. 5/5/2006.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-43 - [Repealed] Eligibility for appointment to or enlistment in Uniform Division; appointment or reappointment of discharged members of National Guard, armed forces of the United States, and law enforcement agencies

Reserved. Repealed by Ga. L. 1998, p. 852, § 1, effective April 10, 1998.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-44 - Enlistment, examination, preliminary training, subsequent instruction, and rules and regulations for discipline and conduct of recruits and troopers of Uniform Division

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.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-45 - Promotions of personnel in Uniform Division

(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.
(c)
Promotions to ranks of corporal through lieutenant shall be made in accordance with the Georgia State Patrol Promotion System.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-46 - Dismissal of officers, troopers, and communications officers

All officers, troopers, and communications officers who are in the classified service as defined by Code Section
45-20-2
may be dismissed from their employment with the department only in accordance with Chapter 20 of Title 45 and the rules and regulations promulgated thereunder.
Amended by 2012 Ga. Laws 630,§ 2-47, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 1, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-47 - Suspension pending dismissal

All officers, troopers, and communications officers who are in the classified service as defined by Code Section
45-20-2
may be suspended pending their dismissal from employment with the department as provided in Chapter 20 of Title 45 or the rules and regulations promulgated thereunder.
Amended by 2012 Ga. Laws 630,§ 2-48, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 1, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-48 - [Repealed] State Patrol Disciplinary Board; composition; appointment and terms of members; conduct of hearings by board; recommendation to commissioner; finality of commissioner's decision

Reserved. Repealed by Ga. L. 1992, p. 3131, § 7, effective July 1, 1992.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-49 - Provision of uniforms and equipment to sworn members of the Department of Public Safety and radio operators; retention of weapons and badges upon retirement

The commissioner shall, within the limit of the appropriation, provide the sworn members of the Department of Public Safety with proper uniforms, suitable to the season, and also with emergency and first-aid outfits, weapons, motor vehicles with radio equipment, and all other necessary supplies and equipment for the purpose of carrying out this article, the same to remain the property of the state; provided, however, that after a sworn member has accumulated 15 years of service with the Department of Public Safety, including prior service with the Department of Driver Services (formerly known as the Department of Motor Vehicle Safety), Public Service Commission, Department of Transportation, or Georgia Building Authority, upon leaving the department under honorable conditions, or upon leaving the department as a result of a disability arising in the line of duty regardless of the number of years of service, such member shall be entitled, as part of his or her compensation, to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner. The commissioner shall also, within the limit of the appropriation, provide proper uniforms and equipment to radio operators. After a radio operator has accumulated 15 years of service with the department, including prior service with the Department of Driver Services (formerly known as the Department of Motor Vehicle Safety), Public Service Commission, Department of Transportation, or Georgia Building Authority, upon leaving the department under honorable conditions, such radio operator shall be entitled, as part of his or her compensation, to retain his or her badge pursuant to regulations promulgated by the commissioner.
Amended by 2012 Ga. Laws 684,§ 35, eff. 5/1/2012.
Amended by 2006 Ga. Laws 936,§ 2, eff. 5/5/2006.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 2 - DEPARTMENT OF PUBLIC SAFETY (§§ 35-2-1 — 35-2-164) › Article 2 - GEORGIA STATE PATROL (§§ 35-2-30 — 35-2-58) › Section 35-2-49.1 - Retention of badge and weapon by disabled 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.
Amended by 2005 Ga. Laws 19,§ 35, eff. 4/7/2005.
Added by 2004 Ga. Laws 784, § 3, eff. 7/1/2004.