reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 6 - DIVISION OF FORENSIC SCIENCES (§§ 35-3-150 — 35-3-155) › Section 35-3-155 - Application of Administrative Procedure Act

Unless otherwise specifically provided by law, technical, scientific, and similar processes, procedures, guidelines, standards, and methods for the collection, preservation, or testing of evidence adopted by the division shall not be subject to the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 6A - DNA SAMPLING, COLLECTION, AND ANALYSIS (§§ 35-3-160 — 35-3-165) › Section 35-3-160 - DNA analysis in felony convictions and certain felony charges; performance of tests

(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.
(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;
(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
; or
(C)
Who has been convicted of a felony and is subject to an immigration detainer notice as such term is defined in Code Section 42-4-16.
(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.
(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
.
Amended by 2024 Ga. Laws 505,§ 13, eff. 5/1/2024.
Amended by 2019 Ga. Laws 70,§ 1, eff. 4/28/2019.
Added by 2011 Ga. Laws 67,§; 3-1, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 6A - DNA SAMPLING, COLLECTION, AND ANALYSIS (§§ 35-3-160 — 35-3-165) › Section 35-3-161 - Time and procedure for withdrawal of blood samples

(a)
Each sample required pursuant to Code Section
35-3-160
from persons who are to be incarcerated shall be withdrawn within the first 30 days of incarceration at the receiving unit of the detention facility or at such other place as is designated by the department. Each sample required pursuant to Code Section
35-3-160
from persons who are to be released from a detention facility shall be withdrawn within the 12 months preceding such person's release at a place designated by the department. The required samples from persons who are not sentenced to a term of confinement shall be withdrawn as a condition of probation. The division shall publish in its quality manuals the procedures for the collection and transfer of samples to such division pursuant to Code Section
35-3-154
. Personnel at a detention facility shall implement the provisions of this Code section as part of the regular processing of offenders.
(b)
Samples collected by oral swab or by a noninvasive procedure may be collected by any individual who has been trained in the procedure. Only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, graduate laboratory technician, or phlebotomist shall withdraw any sample of blood to be submitted for analysis. No civil liability shall attach to any person authorized to take a sample as provided in this article as a result of the act of taking a sample from any person submitting thereto, provided the sample was taken according to recognized medically accepted procedures. However, no person shall be relieved from liability for negligence in the withdrawing of any blood sample.
(c)
Chemically clean sterile disposable needles shall be used for the withdrawal of all samples of blood. The containers for blood samples, oral swabs, and the samples obtained by noninvasive procedures shall be sealed and labeled with the subject's name, social security number, date of birth, race, and gender plus the name of the person collecting the sample and the date and place of collection. The containers shall be secured to prevent tampering with the contents. The steps set forth in this subsection relating to the taking, handling, identification, and disposition of samples are procedural and not substantive. Substantial compliance therewith shall be deemed to be sufficient. The samples shall be transported to the division not more than 15 days following withdrawal and shall be analyzed and stored in the DNA data bank in accordance with Code Sections
35-3-162
and
35-3-163
.
Added by 2011 Ga. Laws 67,§; 3-1, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 6A - DNA SAMPLING, COLLECTION, AND ANALYSIS (§§ 35-3-160 — 35-3-165) › Section 35-3-162 - Procedure for analysis and storage of blood sample; use of remainder of sample not subjected to analysis; confidentiality of results

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.
Added by 2011 Ga. Laws 67,§; 3-1, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 6A - DNA SAMPLING, COLLECTION, AND ANALYSIS (§§ 35-3-160 — 35-3-165) › Section 35-3-164 - Unlawful dissemination or use of information; obtaining sample without authority

(a)
Any person who, without authority, disseminates information contained in the data bank shall be guilty of a misdemeanor. Any person who disseminates, receives, or otherwise uses or attempts to so use information in the data bank, knowing that such dissemination, receipt, or use is for a purpose other than as authorized by law, shall be guilty of a misdemeanor of a high and aggravated nature.
(b)
Except for purposes of law enforcement or as authorized by this article, any person who, for purposes of having DNA analysis performed, obtains or attempts to obtain any sample submitted to the division for analysis shall be guilty of a felony.
Added by 2011 Ga. Laws 67,§; 3-1, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 6A - DNA SAMPLING, COLLECTION, AND ANALYSIS (§§ 35-3-160 — 35-3-165) › Section 35-3-165 - Expungement of DNA profile in data bank; requirements

(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
.
(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.
Amended by 2019 Ga. Laws 70,§ 3, eff. 4/28/2019.
Added by 2011 Ga. Laws 67,§; 3-1, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 7 - STATEWIDE ALERT SYSTEM FOR MISSING DISABLED ADULTS AND MEDICALLY ENDANGERED PERSONS (§§ 35-3-170 — 35-3-180) › Section 35-3-170 - Short title

This article shall be known and may be cited as the "Mattie's Call Act."
Amended by 2014 Ga. Laws 622,§ 3, eff. 7/1/2013.
Added by 2008 Ga. Laws 445,§ 1, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 7 - STATEWIDE ALERT SYSTEM FOR MISSING DISABLED ADULTS AND MEDICALLY ENDANGERED PERSONS (§§ 35-3-170 — 35-3-180) › Section 35-3-171 - Definitions

As used in this article, the term:
(1)
"Alert system" means the state-wide "Mattie's Call" alert system for missing disabled adults and medically endangered persons.
(2)
"Disabled adult" means an adult who is developmentally impaired or who suffers from dementia or some other cognitive impairment.
(3)
"Local law enforcement agency" means a law enforcement agency with jurisdiction over the investigation of a missing disabled adult or other medically endangered person.
(4)
"Medically endangered person" means a person with a known medical condition that might reasonably cause such person to become incapacitated or that may result in life-threatening physiological conditions likely to lead to serious bodily injury or death if not immediately treated.
Amended by 2014 Ga. Laws 622,§ 3, eff. 7/1/2013.
Added by 2008 Ga. Laws 445,§ 1, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 7 - STATEWIDE ALERT SYSTEM FOR MISSING DISABLED ADULTS AND MEDICALLY ENDANGERED PERSONS (§§ 35-3-170 — 35-3-180) › Section 35-3-172 - Development and implementation of state-wide alert system for disabled adults and medically endangered persons

(a)
With the cooperation of the office of the Governor, the Georgia Lottery Corporation, and other appropriate law enforcement agencies in this state, the bureau shall develop and implement a state-wide alert system to be activated on behalf of missing disabled adults and medically endangered persons.
(b)
Activation of a state-wide missing person alert system shall not prevent or prohibit any other state or local law enforcement agency from taking additional measures in response to the receipt of a missing person report.
Amended by 2014 Ga. Laws 622,§ 3, eff. 7/1/2013.
Added by 2008 Ga. Laws 445,§ 1, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 7 - STATEWIDE ALERT SYSTEM FOR MISSING DISABLED ADULTS AND MEDICALLY ENDANGERED PERSONS (§§ 35-3-170 — 35-3-180) › Section 35-3-173 - Director to be state-wide coordinator for 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.
(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.
(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.
Amended by 2014 Ga. Laws 622,§ 3, eff. 7/1/2013.
Added by 2008 Ga. Laws 445,§ 1, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 7 - STATEWIDE ALERT SYSTEM FOR MISSING DISABLED ADULTS AND MEDICALLY ENDANGERED PERSONS (§§ 35-3-170 — 35-3-180) › Section 35-3-174 - Time for reporting elopement of disabled person from personal care home and assisted living community

The staff of personal care homes and assisted living communities shall call the local police department to report the elopement of any disabled person from the home within 30 minutes of the staff's receiving actual knowledge that such person is missing from the home.
Amended by 2014 Ga. Laws 622,§ 3, eff. 7/1/2013.
Amended by 2011 Ga. Laws 56,§ 24, eff. 7/1/2011.
Added by 2008 Ga. Laws 445,§ 1, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 7 - STATEWIDE ALERT SYSTEM FOR MISSING DISABLED ADULTS AND MEDICALLY ENDANGERED PERSONS (§§ 35-3-170 — 35-3-180) › Section 35-3-175 - Recruitment of media, private and governmental entities, and others for assistance in developing and implementing alert system; contractual agreements for system support

(a)
The bureau shall recruit public and commercial television, radio, cable, print, and other media, private commercial entities, state or local governmental entities, the public, and other appropriate persons to assist in developing and implementing the alert system.
(b)
The bureau may enter into agreements with participants in the alert system to provide necessary support for the alert system.
Amended by 2014 Ga. Laws 622,§ 3, eff. 7/1/2013.
Added by 2008 Ga. Laws 445,§ 1, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 7 - STATEWIDE ALERT SYSTEM FOR MISSING DISABLED ADULTS AND MEDICALLY ENDANGERED PERSONS (§§ 35-3-170 — 35-3-180) › Section 35-3-176 - Criteria for activating alert system

(a)
On notification by a local law enforcement agency that a disabled adult or medically endangered person is missing, the director shall activate the alert system and notify appropriate participants in the alert system, as established by rule, if:
(1)
A local law enforcement agency believes that a disabled adult or medically endangered person is missing;
(2)
A local law enforcement agency believes that the disabled adult or medically endangered person is in immediate danger of serious bodily injury or death;
(3)
A local law enforcement agency confirms that an investigation has taken place that verifies the disappearance and eliminates alternative explanations for the disabled adult's or medically endangered person's disappearance; and
(4)
Sufficient information is available to disseminate to the public that could assist in locating the disabled adult or medically endangered person.
(b)
The area of the alert may be less than state wide if the director determines that the nature of the event makes it probable that the disabled adult or medically endangered person did not leave a certain geographic location.
(c)
The bureau may modify the criteria described by subsection (a) of this Code section as necessary for the proper implementation of the alert system.
Amended by 2014 Ga. Laws 622,§ 3, eff. 7/1/2013.
Added by 2008 Ga. Laws 445,§ 1, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 7 - STATEWIDE ALERT SYSTEM FOR MISSING DISABLED ADULTS AND MEDICALLY ENDANGERED PERSONS (§§ 35-3-170 — 35-3-180) › Section 35-3-177 - Verification that criteria for activation have been met

Before requesting activation of the alert system, a law enforcement agency shall verify that the criteria described by subsection (a) of Code Section
35-3-176
have been satisfied. The law enforcement agency shall assess the appropriate boundaries of the alert, based on the nature of the disabled adult or medically endangered person and the circumstances surrounding the disappearance. On verification of the criteria, the law enforcement agency shall immediately contact the bureau to request activation and shall supply the necessary information on the forms prescribed by the director.
Amended by 2014 Ga. Laws 622,§ 3, eff. 7/1/2013.
Added by 2008 Ga. Laws 445,§ 1, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 7 - STATEWIDE ALERT SYSTEM FOR MISSING DISABLED ADULTS AND MEDICALLY ENDANGERED PERSONS (§§ 35-3-170 — 35-3-180) › Section 35-3-178 - Obligations of agencies participating in alert system; participation of Georgia Lottery Corporation in disseminating alert information through retail establishments

(a)
A state agency participating in the alert system shall:
(1)
Cooperate with the bureau and assist in developing and implementing the alert system;
(2)
Establish a plan for providing relevant information to its officers, investigators, or employees, as appropriate, once the alert system has been activated; and
(3)
Utilize a rapid response telephone system that alerts residents in a targeted area.
(b)
The Georgia Lottery Corporation is directed to develop a method of notifying its vendors within an alert area of an alert in a manner designed to disseminate alert information to customers at its retail locations.
Amended by 2014 Ga. Laws 622,§ 3, eff. 7/1/2013.
Added by 2008 Ga. Laws 445,§ 1, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 7 - STATEWIDE ALERT SYSTEM FOR MISSING DISABLED ADULTS AND MEDICALLY ENDANGERED PERSONS (§§ 35-3-170 — 35-3-180) › Section 35-3-179 - Termination of alert system with respect to particular disabled adult or medically endangered person

The director shall terminate any activation of the alert system with respect to a particular disabled adult or medically endangered person if:
(1)
The person is located or the disappearance is otherwise resolved; or
(2)
The director determines that the alert system is no longer an effective tool for locating and recovering the disabled adult or medically endangered person.
Amended by 2014 Ga. Laws 622,§ 3, eff. 7/1/2013.
Added by 2008 Ga. Laws 445,§ 1, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 7 - STATEWIDE ALERT SYSTEM FOR MISSING DISABLED ADULTS AND MEDICALLY ENDANGERED PERSONS (§§ 35-3-170 — 35-3-180) › Section 35-3-180 - Immunity from civil damages for dissemination of alert information

(a)
Any entity or individual participating in the "Mattie's call" alert system pursuant to this article shall not be liable for any civil damages arising from the dissemination of any alert generated pursuant to the "Mattie's call" alert system.
(b)
Nothing in this article shall be construed to limit or restrict in any way any legal protection an individual or entity may have under any other law for disseminating any information.
Amended by 2014 Ga. Laws 622,§ 3, eff. 7/1/2013.
Added by 2008 Ga. Laws 445,§ 1, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 9 - STATE-WIDE ALERT SYSTEM FOR UNAPPREHENDED MURDER OR RAPE SUSPECTS (§§ 35-3-190 — 35-3-191) › Section 35-3-190 - State-wide alert system for unapprehended murder or rape suspects determined to be serious public threats

(a)
There is established a state-wide alert system known as "Kimberly's Call."
(b)
As used in this article, the term "local law enforcement agency" means a local law enforcement agency with jurisdiction over the search for a suspect in a case of murder or rape.
(c)
The director shall develop and implement a state-wide alert system to be activated when a suspect for the crime of murder, felony murder, or murder in the second degree as defined in Code Section
16-5-1
or rape as defined in Code Section
16-6-1
has not been apprehended and law enforcement personnel have determined that the suspect may be a serious threat to the public.
(d)
The provisions of Code Sections
35-3-173
,
35-3-175
, and
35-3-178
shall also apply to "Kimberly's Call" as set forth in this Code section.
(e)
On notification by a local law enforcement agency that a suspect in a case of murder or rape has not been apprehended and may be a serious threat to the public, the director shall activate the alert system and notify appropriate participants in the alert system, as established by rule, if:
(1)
A local law enforcement agency believes that a suspect has not been apprehended;
(2)
A local law enforcement agency believes that the suspect may be a serious threat to the public; and
(3)
Sufficient information is available to disseminate to the public that could assist in locating the suspect.
(f)
The area of the alert may be less than state wide if the director determines that the nature of the event makes it probable that the suspect did not leave a certain geographic location.
(g)
Before requesting activation of the alert system, a local law enforcement agency must verify that the criteria described by subsection (e) of this Code section have been satisfied. The local law enforcement agency shall assess the appropriate boundaries of the alert based on the nature of the suspect and the circumstances surrounding the crime.
(h)
The director shall terminate any activation of the alert system with respect to a particular suspect if:
(1)
The suspect is located or the incident is otherwise resolved; or
(2)
The director determines that the alert system is no longer an effective tool for locating the suspect.
(i)
Any entity or individual participating in the "Kimberly's Call" alert system pursuant to this Code section shall not be liable for any civil damages arising from the dissemination of any alert generated pursuant to the "Kimberly's Call" alert system.
Amended by 2014 Ga. Laws 577,§ 2-10, eff. 7/1/2014.
Added by 2008 Ga. Laws 445,§ 1, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 9 - GEORGIA INFORMATION SHARING AND ANALYSIS CENTER (§§ 35-3-200 — 35-3-204) › Section 35-3-200 - Definitions

As used in this article, the term:
(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.
(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.
Amended by 2018 Ga. Laws 435,§ 2-1, eff. 7/1/2018.
Added by 2016 Ga. Laws 335,§ 5, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 9 - GEORGIA INFORMATION SHARING AND ANALYSIS CENTER (§§ 35-3-200 — 35-3-204) › Section 35-3-201 - Georgia Information Sharing and Analysis Center established; purpose

There is established the Georgia Information Sharing and Analysis Center as a distinct division within the Georgia Bureau of Investigation. The center shall be a fusion center maintaining criminal intelligence and terrorism analytical components. The officer or agent charged with operating the center shall report directly to the director.
Amended by 2018 Ga. Laws 435,§ 2-1, eff. 7/1/2018.
Added by 2016 Ga. Laws 335,§ 5, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 9 - GEORGIA INFORMATION SHARING AND ANALYSIS CENTER (§§ 35-3-200 — 35-3-204) › Section 35-3-202 - [Reserved] Responsibilities of director for center operations

Amended by 2018 Ga. Laws 435,§ 2-1, eff. 7/1/2018.
Added by 2016 Ga. Laws 335,§ 5, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 9 - GEORGIA INFORMATION SHARING AND ANALYSIS CENTER (§§ 35-3-200 — 35-3-204) › Section 35-3-203 - Cooperative activities of center

(a)
The center shall share and provide homeland security activity information to the director of emergency management and homeland security, including, but not limited to, threats, warnings, and developing situations, when an investigation reveals conduct of a terroristic nature or in material support of terroristic activities, recruitment of terrorists, or information on the activities of known terrorist organizations.
(b)
The center shall liaise with the Federal Bureau of Investigation, Joint Terrorism Task Force, United States Department of Homeland Security, and other local, state, and federal intelligence and law enforcement officials for purposes of carrying out its duties and responsibilities under this article.
Amended by 2018 Ga. Laws 435,§ 2-1, eff. 7/1/2018.
Added by 2016 Ga. Laws 335,§ 5, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 3 - GEORGIA BUREAU OF INVESTIGATION (§§ 35-3-1 — 35-3-204) › Article 9 - GEORGIA INFORMATION SHARING AND ANALYSIS CENTER (§§ 35-3-200 — 35-3-204) › Section 35-3-204 - Membership; availability of analysts

(a)
Membership in the center shall consist of the director, the director of emergency management and homeland security, the commissioner of public safety, the commissioner of natural resources, the commissioner of corrections, the state fire marshal, the Attorney General, the adjutant general, and state and local fire service, law enforcement, homeland security, emergency management, corrections, and other appropriate agencies and disciplines as determined by the director. Such members may assign or make available their analysts or other personnel to the center as such need is determined by the director.
(b)
The director of emergency management and homeland security may maintain Georgia Emergency Management and Homeland Security Agency analysts in the center as determined by the director of emergency management and homeland security. Such analysts assigned to the center who are funded by or employees of the Georgia Emergency Management and Homeland Security Agency shall focus on homeland security activity.
Amended by 2018 Ga. Laws 435,§ 2-1, eff. 7/1/2018.
Added by 2016 Ga. Laws 335,§ 5, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 4 - GEORGIA POLICE ACADEMY (§§ 35-4-1 — 35-4-9) › Section 35-4-1 - Short title

This chapter shall be known as and may be cited as the "Georgia Police Academy Act."
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 4 - GEORGIA POLICE ACADEMY (§§ 35-4-1 — 35-4-9) › Section 35-4-2 - Definitions

As used in this chapter, the term:
(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.
(3)
"State" means the State of Georgia and any department, board, bureau, commission, or other agency thereof.
Amended by 2019 Ga. Laws 264,§ 7, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 4 - GEORGIA POLICE ACADEMY (§§ 35-4-1 — 35-4-9) › Section 35-4-3 - Academy assigned to department for administrative purposes

The academy is assigned to the Department of Public Safety for administrative purposes only as prescribed in Code Section
50-4-3
.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 4 - GEORGIA POLICE ACADEMY (§§ 35-4-1 — 35-4-9) › Section 35-4-4 - Powers and duties of board as to establishment, operation, and maintenance of academy generally

(a)
The board is authorized to establish, operate, and maintain the Georgia Police Academy for the purpose of training police officers and others as provided in this chapter and to do all things and take whatever action is necessary to accomplish the purposes of this chapter, including, but not limited to, the establishment of training standards and programs and the promulgation of rules and regulations relative thereto.
(b)
The board is authorized and directed to select a site for the academy.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 4 - GEORGIA POLICE ACADEMY (§§ 35-4-1 — 35-4-9) › Section 35-4-5 - Acceptance of gifts, grants, donations, property, and services by board

The board is authorized to accept gifts, grants, donations, property, both real and personal, and services for the purposes of carrying out this chapter.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 4 - GEORGIA POLICE ACADEMY (§§ 35-4-1 — 35-4-9) › Section 35-4-6 - Selection, powers, and duties of superintendent of academy

(a)
The board shall hire a superintendent of the academy whose duties shall be to administer the policies and programs of the board regarding the academy.
(b)
The superintendent shall be responsible to the board for the management and control of the academy and shall report directly to the board.
(c)
In administering the policies and programs of the board, the superintendent shall seek the assistance of the State Board of Education, which is authorized and directed to cooperate and work with the superintendent.
Amended by 2001 Ga. Laws 175, § 1, eff. 4/18/2001.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 4 - GEORGIA POLICE ACADEMY (§§ 35-4-1 — 35-4-9) › Section 35-4-7 - Academy training programs available to police and other persons; fees and enrollment at academy; state, municipalities, and counties authorized to pay academy fees

(a)
Subject to rules and regulations prescribed by the board, the training programs at the academy shall be made available to all police officers and may also be made available to other persons who evidence interest in entering the law enforcement profession.
(b)
The board is authorized to prescribe by rules and regulations fees to cover all or a part of the cost of furnishing such training.
(c)
The state and municipalities and counties of the state are authorized to expend funds for the purpose of paying the fees provided for in subsection (b) of this Code section.
(d)
The board is given full authority to decide who shall be allowed to enroll in the training programs at the academy.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 4 - GEORGIA POLICE ACADEMY (§§ 35-4-1 — 35-4-9) › Section 35-4-8 - Training program for coroners and deputy coroners

Subject to rules and regulations prescribed by the board, the academy shall make available to all coroners and deputy coroners in the state at least once annually a training program of at least 16 hours of instruction including, but not limited to, the following: Article 2 of Chapter 16 of Title 45, the "Georgia Death Investigation Act"; all laws pertaining to the duties of coroners; and investigating technique. The board is authorized to charge such tuition as may be necessary to defray the expense of such training and is also authorized to accept appropriations from any governmental unit or gifts or grants for such purpose.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 4 - GEORGIA POLICE ACADEMY (§§ 35-4-1 — 35-4-9) › Section 35-4-9 - Attendance not required; academy training programs not to supersede other programs

It is not the intention of this chapter that it be mandatory that any police officer be required to attend the academy. The training program established at the academy shall not supersede any other training program for police officers but shall be separate and apart from any other training program for police officers.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 5 - GEORGIA PUBLIC SAFETY TRAINING CENTER (§§ 35-5-1 — 35-5-7) › Section 35-5-1 - Short title

This chapter shall be known and may be cited as the "Georgia Public Safety Training Center Act."
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 5 - GEORGIA PUBLIC SAFETY TRAINING CENTER (§§ 35-5-1 — 35-5-7) › Section 35-5-2 - Board authorized to establish, operate, and maintain center; powers of board as to selection and compensation of administrator

(a)
The Board of Public Safety is authorized:
(1)
To establish, operate, and maintain the Georgia Public Safety Training Center for the purpose of providing facilities and programs for the training of state and local law enforcement officers, firefighters, correctional personnel, emergency medical personnel, behavioral health co-responders, and others; and
(2)
To do all things and take any action necessary to accomplish such purpose, including, but not limited to, the promulgation of rules and regulations relative thereto.
(b)
The board is authorized and directed to select a site for the center.
(c)
The board shall select the administrator of the center and establish the compensation for the administrator.
(d)
As used in this chapter, the term "emergency medical personnel" includes emergency medical technicians or emergency rescue specialists who are certified or seeking certification as emergency medical technicians, paramedics, tactical emergency medical officers, cardiac technicians, or other medical first responders under Chapter 11 of Title 31 and who are employed in the capacity for which they are certified or seeking certification.
Amended by 2022 Ga. Laws 587,§ 4-4, eff. 7/1/2022.
Amended by 2006 Ga. Laws 940,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 5 - GEORGIA PUBLIC SAFETY TRAINING CENTER (§§ 35-5-1 — 35-5-7) › Section 35-5-3 - Assignment to Department of Public Safety for administrative purposes; authorization to solicit and accept gifts, grants, donations, property, and services

(a)
The center is assigned to the Department of Public Safety for administrative purposes only as prescribed in Code Section
50-4-3
.
(b)
The board is authorized to solicit and accept gifts, grants, donations, property, both real and personal, and services for the purpose of carrying out this chapter.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 5 - GEORGIA PUBLIC SAFETY TRAINING CENTER (§§ 35-5-1 — 35-5-7) › Section 35-5-4 - Powers and duties of administrator

The administrator of the center shall select the necessary staff and shall administer the policies and programs of the board regarding the center. The administrator shall be responsible to the board for the management and operation of the center and shall report directly to the board.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 5 - GEORGIA PUBLIC SAFETY TRAINING CENTER (§§ 35-5-1 — 35-5-7) › Section 35-5-6 - Effect of chapter on powers of Board of Corrections, State Board of Pardons and Paroles, and Technical College System of Georgia

Nothing in this chapter shall be considered as altering current state laws establishing the powers and authority of the Board of Corrections or the State Board of Pardons and Paroles. Furthermore, nothing in this chapter shall prevent the Technical College System of Georgia from providing any course of instruction including, but not limited to, instructional courses, certified training, advanced instruction, or classes for or pertaining to public safety first responders and emergency medical personnel.
Amended by 2008 Ga. Laws 472,§ 5, eff. 7/1/2008.
Amended by 2006 Ga. Laws 940,§ 3, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 5 - GEORGIA PUBLIC SAFETY TRAINING CENTER (§§ 35-5-1 — 35-5-7) › Section 35-5-7 - Law enforcement unit

(a)
The administrator of the center, with the approval of the board, is authorized to establish a law enforcement unit within the Georgia Public Safety Training Center and appoint employees to serve as peace officers who shall be responsible for preserving public order, protecting life and property, and preventing crime. Such employees shall have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of this title, the 'Georgia Peace Officer Standards and Training Act.'
(b)
While in the performance of their duties , such peace officers shall have the same law enforcement powers, including the power of arrest, as any other law enforcement officer certified pursuant to Chapter 8 of this title, the 'Georgia Peace Officer Standards and Training Act.' The Georgia Public Safety Training Center law enforcement unit shall enforce laws on all properties controlled by the Georgia Public Safety Training Center and enforce state laws and protect life and property when ordered by the Governor or requested by a sheriff of a county or police chief of a county or municipality in this state. Such officers shall be authorized to possess and carry such firearms and other weapons while on duty as may be prescribed by the administrator of the center.
(c)
From funds appropriated or available to the Georgia Public Safety Training Center, the administrator of the center shall be authorized to provide motor vehicles, uniforms, firearms, and any other equipment and supplies to employees of the Georgia Public Safety Training Center law enforcement unit necessary to carry out the provisions of this Code section.
(d)
This Code section shall not repeal, supersede, alter, or affect the power of any other law enforcement officer of this state or of any county, municipality, or other political subdivision of this state.
Amended by 2024 Ga. Laws 506,§ 2, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 6 - STATE VICTIM SERVICES COMMISSION (§§ 35-6-1 — 35-6-4) › Section 35-6-1 - Creation and responsibility

There is created the State Victim Services Commission. Such commission shall be responsible for developing a comprehensive state plan for assisting men, women, and children who are victims of crime through the distribution of the fine surcharges imposed for local victim assistance programs.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 6 - STATE VICTIM SERVICES COMMISSION (§§ 35-6-1 — 35-6-4) › Section 35-6-2 - Membership of commission; terms of members; procedure

(a)
The State Victim Services Commission shall consist of 14 members as follows:
(1)
The executive director of the Prosecuting Attorneys' Council of Georgia or his or her designee;
(2)
The president of the Georgia Sheriffs' Association or his or her designee;
(3)
The executive director of the Criminal Justice Coordinating Council or his or her designee;
(4)
The chairperson of the Georgia Commission on Family Violence or his or her designee;
(5)
The executive director of the Georgia Coalition Against Domestic Violence or his or her designee;
(6)
The executive director of the Association County Commissioners of Georgia or his or her designee;
(7)
The executive director of the Children's Advocacy Centers of Georgia or his or her designee;
(8)
The executive director of the Georgia Superior Court Clerks' Cooperative Authority or his or her designee;
(9)
The executive director of the Georgia Municipal Association or his or her designee;
(10)
The executive director of the Georgia Network to End Sexual Assault or his or her designee;
(11)
A district attorney appointed by the Prosecuting Attorneys' Council of Georgia;
(12)
One member appointed by the Governor;
(13)
One member appointed by the Lieutenant Governor; and
(14)
One member appointed by the Speaker of the House of Representatives.
(b)
The letter of appointment shall set out the term for which each member is appointed. Thereafter, each member shall be appointed for a term of two years, and no member may serve more than two consecutive terms. All vacancies shall be filled for the unexpired term by an appointee of the original appointing official.
(c)
The commission shall elect a chairperson, vice chairperson, and a secretary from among its members for terms of two years, and any member shall be eligible for successive election to such office by the commission.
(d)
The commission shall hold regular meetings at such times and such places as it may deem necessary or convenient to enable the commission to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this chapter. Special meetings may be called by the chairperson or a majority of the members of the commission.
(e)
A quorum for transacting business shall be determined by the members of the commission.
(f)
The members of the commission shall serve without compensation or expense reimbursement.
Amended by 2019 Ga. Laws 296,§ 18-2, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 6 - STATE VICTIM SERVICES COMMISSION (§§ 35-6-1 — 35-6-4) › Section 35-6-3 - Powers and duties of commission; ombudsman program

(a)
The State Victim Services Commission shall have the following powers and duties:
(1)
To review the financial reports submitted pursuant to Code Section
15-21-132
concerning local victim assistance programs;
(2)
To assess the degree of compliance of the courts in collecting and forwarding funds authorized to be collected pursuant to Article 8 of Chapter 21 of Title 15;
(3)
To review and determine the extent to which county governing authorities collect funds from the courts and distribute such funds to victim services programs;
(4)
To assess the extent to which such funds are utilized by such victim services programs to provide direct services to victims of crimes;
(5)
To recommend changes in legislation that will ensure compliance in the collection, distribution, and use of victim assistance funds as needed; and
(6)
To recommend as necessary and advisable rules and regulations for the collection and distribution of funds by court officers pursuant to Article 8 of Chapter 21 of Title 15.
(b)
The commission may establish a victim services ombudsman program, provided that funds are appropriated by the General Assembly for such purpose or the commission receives sufficient funds from private grants or donations to fund such program.