reglab/statecodes huggingface dataset:
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 35-6-4 - Responsibility of state auditor; inspection of documentation

(a)
The state auditor is authorized and directed to assist the State Victim Services Commission in the discharge of its duties set forth in this chapter.
(b)
Any victim assistance program, including programs operated by public officers, that receives funds pursuant to Article 8 of Chapter 21 of Title 15 shall make available to the State Victim Services Commission, the state auditor, or such other persons as the State Victim Services Commission may designate all books and records of all receipts, income, and expenditures of such funds. The commission and its designees shall be authorized to inspect and make abstracts of records of services provided to victims of crimes by any victim assistance program, including programs operated by public officers, that receives funds pursuant to Article 8 of Chapter 21 of Title 15, provided that the commission and its designees shall not disclose the content of individually identifiable records that contain information that is privileged or confidential under the laws of this state or federal law.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 6A - CRIMINAL JUSTICE COORDINATING COUNCIL (§§ 35-6A-1 — 35-6A-17) › Section 35-6A-1 - Legislative intent

The General Assembly finds that the high incidence of crime in Georgia is detrimental to the general welfare of the state and its citizens and that criminal justice efforts must be better coordinated, intensified, and made more effective in all components of the system and at all levels of government. The General Assembly, therefore, declares it to be the public policy of this state to provide the necessary leadership to coordinate the major components of the criminal justice system by establishing a state-wide coordinating body which represents all components and all levels of the criminal justice system.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 6A - CRIMINAL JUSTICE COORDINATING COUNCIL (§§ 35-6A-1 — 35-6A-17) › Section 35-6A-2 - Creation; assignment to Georgia Bureau of Investigation; definitions

(a)
There is established the Criminal Justice Coordinating Council of the State of Georgia which is assigned to the Georgia Bureau of Investigation for administrative purposes only, as prescribed in Code Section
50-4-3
.
(b)
As used in this chapter, the term "council" means the Criminal Justice Coordinating Council.
Amended by 2022 Ga. Laws 717,§ 15, eff. 7/1/2022.
Amended by 2018 Ga. Laws 416,§ 1-5, eff. 7/1/2018.
Amended by 2001 Ga. Laws 175, § 2, eff. 4/18/2001.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 6A - CRIMINAL JUSTICE COORDINATING COUNCIL (§§ 35-6A-1 — 35-6A-17) › Section 35-6A-4 - Election of chairperson and vice chairperson; meetings; minutes and records; rules

The business of the council shall be conducted in the following manner:
(1)
The council shall annually elect a chairperson and a vice chairperson from among its membership. The offices of chairperson and vice chairperson shall be filled in such a manner that they are not held in succeeding years by representatives of the same component (law enforcement, courts, corrections) of the criminal justice system;
(2)
The council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall also meet on the call of the chairman or at the written request of three of its members;
(3)
The council shall maintain minutes of its meetings and such other records as it deems necessary;
(4)
The council shall adopt such rules for the transaction of its business as it shall desire and may appoint such committees as it considers necessary to carry out its business and duties, specifically including the power to transact and carry out through appointed committees the business of the council when serving pursuant to Chapter 15 of Title 17 as the Georgia Crime Victims Compensation Board.
Amended by 2006 Ga. Laws 453,§ 35, eff. 4/14/2006.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 6A - CRIMINAL JUSTICE COORDINATING COUNCIL (§§ 35-6A-1 — 35-6A-17) › Section 35-6A-5 - Compensation and expense allowance for members

Members of the council shall serve without compensation but shall receive for each day of actual attendance of council meetings a daily expense allowance in the amount specified in subsection (b) of Code Section
45-7-21
plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for use of a personal car in connection with such attendance.
Amended by 2010 Ga. Laws 622,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 6A - CRIMINAL JUSTICE COORDINATING COUNCIL (§§ 35-6A-1 — 35-6A-17) › Section 35-6A-6 - Appointment of director; power and duties

(a)
The Governor shall appoint a director of the council who shall serve at the pleasure of the Governor.
(b)
The director may contract with other agencies, public and private, or persons as the director deems necessary for the rendering and affording of such services, facilities, studies, research, and reports to the council as will best assist it to carry out its duties and responsibilities.
(c)
The director may employ such other professional, technical, and clerical personnel as deemed necessary to carry out the purposes of this chapter.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 6A - CRIMINAL JUSTICE COORDINATING COUNCIL (§§ 35-6A-1 — 35-6A-17) › Section 35-6A-7 - Functions and authority of council

The council is vested with the following functions and authority:
(1)
To cooperate with and secure cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter;
(2)
To prepare, publish in print or electronically, and disseminate fundamental criminal justice information of a descriptive and analytical nature to all components of the criminal justice system of this state, including law enforcement agencies, the courts, juvenile justice agencies, and correctional agencies;
(3)
To serve as the state-wide clearing-house for criminal justice information and research;
(4)
To maintain a research program in order to identify and define significant criminal justice problems and issues and effective solutions and to publish in print or electronically special reports as needed;
(5)
In coordination and cooperation with all components of the criminal justice system of this state, to develop criminal justice legislative proposals and executive policy proposals reflective of the priorities of the entire criminal justice system of this state;
(6)
To serve in an advisory capacity to the Governor on issues impacting the criminal justice system of this state;
(7)
To coordinate high visibility criminal justice research projects and studies which cross traditional system component lines with a state-wide impact;
(8)
To convene periodically state-wide criminal justice conferences involving key executives in the criminal justice system of this state and elected officials for the purpose of developing, prioritizing, and publicizing a policy agenda for the criminal justice system of this state;
(9)
To provide for the interaction, communication, and coordination of all components of the criminal justice system of this state for the purpose of improving this state's response to crime and its effects;
(10)
To administer gifts, grants, and donations for the purpose of carrying out this chapter;
(11)
To promulgate rules governing the approval of victim assistance programs as provided for in Article 8 of Chapter 21 of Title 15;
(12)
To supervise the preparation, administration, and implementation of the three-year juvenile justice plan as provided by this chapter; and
(13)
To do any and all things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authority granted to it.
Amended by 2016 Ga. Laws 625,§ 35, eff. 5/3/2016.
Amended by 2015 Ga. Laws 132,§ 1, eff. 7/1/2015.
Amended by 2010 Ga. Laws 622,§ 2, eff. 7/1/2010.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 6A - CRIMINAL JUSTICE COORDINATING COUNCIL (§§ 35-6A-1 — 35-6A-17) › Section 35-6A-8 - Limitations on authority of council

Notwithstanding any provision in this chapter to the contrary, the council shall not exercise any power, undertake any duty, or perform any function assigned by law to the Governor, the Attorney General, or any of the prosecuting or investigatory agencies at the state or local level.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 6A - CRIMINAL JUSTICE COORDINATING COUNCIL (§§ 35-6A-1 — 35-6A-17) › Section 35-6A-9 - Preparation of budget requests; appropriations; gifts, grants, and donations of property and services

(a)
The council shall prepare a budget request in the same manner as any such request would be prepared by a budget unit under Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act," and a separate appropriation shall be provided for the council in the general appropriations Act.
(b)
The council shall be authorized to accept and use gifts, grants, and donations for the purpose of carrying out this chapter. The council shall also be authorized to accept and use property, both real and personal, and services, for the purpose of carrying out this chapter. Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds received by the Georgia Bureau of Investigation; and such funds, property, or services so received as gifts, grants, or donations shall be the property and funds of the council and, as such, shall not lapse at the end of each fiscal year but shall remain under the control and subject to the direction of the council to carry out this chapter.
Amended by 2010 Ga. Laws 622,§ 3, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 6A - CRIMINAL JUSTICE COORDINATING COUNCIL (§§ 35-6A-1 — 35-6A-17) › Section 35-6A-10 - Incentives for using federal Department of Homeland Security's Secure Communities initiative; obligations of council

(a)
Subject to available funding, the council shall establish a grant or incentive program for the provision of funds to local law enforcement agencies as incentive to such agencies to use the federal Department of Homeland Security's Secure Communities initiative or any successor or similar program and shall establish an incentive program and a grant program to offset the costs for local law enforcement agencies to enter into and implement memorandums of agreement with federal agencies under Section 287(g) of the federal Immigration and Nationality Act. In awarding such grants or incentives, the council shall be authorized to consider and give priority to local areas with the highest crime rates for crimes committed by illegal aliens.
(b)
The council shall:
(1)
Subject to available funding, provide incentive programs and grants to local law enforcement agencies for utilizing federal resources and for entering into agreements with federal agencies for the enforcement of immigration law;
(2)
Provide technical assistance to local governments and agencies for obtaining and qualifying for incentive programs and grant funds to utilize available federal resources and to enter into and implement such agreements provided for in subsection (a) of this Code section;
(3)
Communicate information regarding the availability of federal resources and agreements provided for in subsection (a) of this Code section and the availability of related incentive programs and grant funds and post such information on the agency's official Internet website;
(4)
Provide technical assistance and information regarding the process for contacting federal agencies, utilizing federal resources, and entering into agreements provided for in subsection (a) of this Code section and post such information on the agency's official Internet website; and
(5)
Support state-wide campaigns and information programs in an effort to encourage every local law enforcement agency in this state to utilize federal resources and enter into agreements for the enforcement of state and federal immigration law.
Added by 2011 Ga. Laws 252,§ 11, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 6A - CRIMINAL JUSTICE COORDINATING COUNCIL (§§ 35-6A-1 — 35-6A-17) › Section 35-6A-12 - Role of juvenile justice advisory board

The juvenile justice advisory board shall:
(1)
Meet at such times and places as it shall determine necessary or convenient to perform its duties. The advisory board shall also meet on the call of the chairperson, the director of the council, the chairperson of the council, or the Governor;
(2)
Maintain minutes of its meetings;
(3)
Participate in the development and review of this state's juvenile justice plan prior to submission to the council for final action;
(4)
Be afforded the opportunity to review and comment, not later than 30 days after their submission to the advisory board, on all juvenile justice and delinquency prevention grant applications submitted to the council;
(5)
Using the combined expertise and experience of its members, provide regular advice and counsel to the director of the council to enable the council to carry out its statutory duties under this article; and
(6)
Carry out such duties that may be required by federal law or regulation so as to enable this state to receive and disburse federal funds for juvenile delinquency prevention and treatment.
Amended by 2023 Ga. Laws 32,§ 3, eff. 7/1/2023.
Added by 2015 Ga. Laws 132,§ 2, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 6A - CRIMINAL JUSTICE COORDINATING COUNCIL (§§ 35-6A-1 — 35-6A-17) › Section 35-6A-13 - [Repealed]

Repealed by 2022 Ga. Laws 717,§ 16, eff. 7/1/2022.
Added by 2018 Ga. Laws 416,§ 1-6, eff. 7/1/2018.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 6A - CRIMINAL JUSTICE COORDINATING COUNCIL (§§ 35-6A-1 — 35-6A-17) › Section 35-6A-14 - [Repealed]

Repealed by 2022 Ga. Laws 717,§ 17, eff. 7/1/2022.
Added by 2018 Ga. Laws 416,§ 1-6, eff. 7/1/2018.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 6A - CRIMINAL JUSTICE COORDINATING COUNCIL (§§ 35-6A-1 — 35-6A-17) › Section 35-6A-15 - Grant program for transportation costs to emergency treatment facilities

Subject to appropriations, the Criminal Justice Coordinating Council shall establish a grant program for the provision of funds to units of local government to be used for costs associated with transporting individuals to and from emergency receiving, evaluating, and treatment facilities as such terms are defined in Chapters 3 and 7 of Title 37.
Added by 2022 Ga. Laws 587,§ 4-6, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 7 - [REPEALED] (§ 35-7-1) › Section 35-7-1 - through 35-7-5 - [Reserved]

Repealed and reserved by 2004 Ga. Laws 781, § 2, eff. 5/19/2004.
Reserved. Repealed by Ga. L. 2004, p. 988, § 2, effective May 17, 2004.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-1 - Short title

This chapter shall be known and may be cited as the "Georgia Peace Officer Standards and Training Act."
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-4 - Officers of council; quorum; minutes of meetings and records; reports to Governor and General Assembly

The business of the council shall be conducted in the following manner:
(1)
The officers of the council, who shall consist of a chairperson, vice chairperson, and secretary-treasurer, shall be elected at the first meeting of each calendar year.
(2)
Eleven members of the council shall constitute a quorum for the transaction of business.
(3)
The council shall maintain minutes of its meetings and such other records as it deems necessary.
(4)
The council shall report at least annually to the Governor and to the General Assembly as to its activities.
Amended by 2018 Ga. Laws 386,§ 1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-5 - Compensation of members of council

The members of the council shall receive no salary but shall be reimbursed for their reasonable and necessary expenses actually incurred in the performance of their duties.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-6 - Appointment of executive director of council; contracts for services; personnel; investigators; subpoenas; funding; gifts, grants, or donations

(a)
The council may appoint an executive director who shall serve at the pleasure of the council. The council shall establish the compensation for the executive director.
(b)
The executive director may contract for such services as may be necessary and authorized in order to carry out the provisions of this chapter and may employ such other professional, technical, and clerical personnel deemed necessary to carry out the purposes of this chapter.
(c)
The executive director is authorized to appoint certain investigators for the purpose of carrying out the provisions of this chapter. The executive director and persons so appointed shall meet all employment and training requirements of this chapter as for all other peace officers and shall have all of the powers of other peace officers. Any investigator of the council shall have access to and may examine any writing, document, or other material which is deemed by the chairperson of the council to be related to the fitness of any peace officer or applicant to practice as a peace officer. The chairperson or executive director of the council may issue subpoenas to compel such access. When a subpoena is disobeyed, the council may apply to the superior court of the county where the person to whom the subpoena is issued resides for an order requiring obedience. Failure to comply with such order shall be punishable as for contempt of court.
(d)
Investigators provided for under subsection (c) of this Code section may retain their weapon and badge upon retirement pursuant to the requirements and procedures provided for under Code Section
35-1-20
.
(e)
The funds necessary to carry out this chapter shall come from the funds appropriated to and available to the council and from any other available funds.
(f)
The council is authorized to accept and use gifts, grants, donations, property, both real and personal, and services for the purpose of carrying out this chapter.
(g)
Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds appropriated to the council; and the funds, property, or services so received by gifts, grants, or donations shall be the property and funds of the council and, as such, shall not lapse at the end of each fiscal year but shall remain under the control of and subject to the direction of the council for carrying out this chapter.
Amended by 2018 Ga. Laws 386,§ 2, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-7.2 - Administrative procedure; hearings; review

(a)
Except as otherwise provided in subsection (b) of this Code section, proceedings of the council in the exercise of its authority to issue any certificate or discipline any peace officer under the terms of this chapter shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." In all such proceedings the council shall have authority to compel the attendance of witnesses and the production of any book, writing, or document upon the issuance of a subpoena therefor. In any hearing in which the fitness of a peace officer or applicant is in question, the council may exclude all persons from its deliberation of the appropriate action and may, when it deems necessary, speak to the peace officer or applicant in private. All final determinations, findings, and conclusions of the council under this chapter are final and conclusive decisions of the matters involved.
(b)
Proceedings for review of a final decision of the council shall be instituted by filing a petition within 30 days after the service of the final decision of the council or, if a rehearing is requested, within 30 days after the decision thereon. The petition shall be filed in the superior court of the county of residence of the petitioner.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-7.3 - Civil suits by peace officers

A peace officer shall have the right to bring a civil suit against any person, group of persons, organization, or corporation, or the head of an organization or corporation, for damages, either pecuniary or otherwise, suffered during the officer's performance of official duties, for abridgment of the officer's civil rights arising out of the officer's performance of official duties, or for filing a complaint against the officer which the person knew was false when it was filed.
Added by 2020 Ga. Laws 569,§ 5, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-7.4 - Bias motivated intimidation of first responders; prosecution and penalty

(a)
As used in this Code section, the term "first responder" means any firefighter of a municipal, county, or volunteer fire department, a peace officer as defined in Code Section
35-8-2
, and an emergency medical technician as defined in Code Section
16-10-24.2
.
(b)
A person commits the offense of bias motivated intimidation when such person maliciously and with the specific intent to intimidate, harass, or terrorize another person because of that person's actual or perceived employment as a first responder:
(1)
Causes death or serious bodily harm to another person; or
(2)
Causes damage to or destroys any real or personal property of a person because of actual or perceived employment as a first responder without permission and the amount of the damage exceeds $500.00 or the value of the property destroyed exceeds $500.00.
(c)
Any person that violates subsection (b) of this Code section shall be guilty of the offense of bias motivated intimidation and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not more than $5,000.00, or both.
(d)
Each violation of this Code section shall constitute a separate offense and shall not merge with any other crime.
(e)
A sentence imposed under this Code section shall run consecutively to any sentence for any other offense related to the act or acts establishing an offense under this Code section.
(f)
Charges of violating subsection (b) of this Code section shall not be prosecuted by way of an accusation but only by indictment or special presentment by a grand jury.
Added by 2020 Ga. Laws 569,§ 6, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-9 - Completion of basic training course required; acceptance of other instruction; effect of failure to complete basic training requirements; limitation

(a)
In addition to complying with the preemployment standards as set forth in Code Section
35-8-8
, each and every candidate shall satisfactorily complete a basic training course prior to his or her appointment as a peace officer.
(b)
The council shall have the authority to recognize instruction received by a candidate if, in the determination of the council, such instruction is at least equivalent to that required by this chapter. If such instruction is recognized, then it shall be in lieu of part or parts of the minimum hours of instruction required for certification by this chapter.
(c)
Should any candidate fail to complete successfully the basic training requirements specified in this Code section, he or she shall not perform any of the duties of a peace officer involving the power of arrest until such training shall have been successfully completed.
(d)
A municipal correctional institution covered under the provisions of subparagraph (C) of paragraph (7) and subparagraph (C) of paragraph (8) of Code Section
35-8-2
shall not be permitted to have more than ten correctional officers in any 12 month period take the basic training course necessary to become a certified peace officer.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-11 - Basic course to be completed at schools certified by council

The basic course provided for in Code Section
35-8-9
shall be completed at any school certified by the council which provides the course requirements and methods of instruction established by the council.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-13 - [Repealed] Training and certification of police chaplains

Amended by 2018 Ga. Laws 386,§ 4, eff. 7/1/2018.
Reserved. Repealed by Ga. L. 2018, p. 336, § 4/HB 867, effective July 1, 2018.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-14 - [Repealed] Board of Corrections and State Board of Pardons and Paroles to establish training program for employees authorized to make arrests

Reserved. Repealed by Ga. L. 1982, p. 2478, § 9, effective November 1, 1982.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-15 - Preparation and maintenance of employment records by law enforcement units and council; release of records

(a)
Each law enforcement unit shall prepare duplicate records on any candidate or peace officer employed under this chapter as may be prescribed by the rules and regulations of the council. One copy of the records shall be maintained in the headquarters of the law enforcement unit; the second copy shall be forwarded to the council and shall be maintained by the council.
(b)
The contents of the records provided for in subsection (a) of this Code section, except for court proceedings, shall be considered as confidential and shall be released only to the candidate or peace officer to whom they pertain or to a law enforcement unit considering the candidate or peace officer for employment.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-16 - Effect of standards and training requirements provided in chapter; adoption of additional requirements by law enforcement units

This chapter establishes only the minimum qualification standards and training requirements for peace officers in this state; each law enforcement unit is encouraged to prescribe such additional requirements as it deems necessary and appropriate.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-17 - Effect of peace officer's failure to comply with chapter generally; civil actions against noncomplying peace officers and law enforcement units

(a)
Any peace officer so employed who does not comply with this chapter shall not be authorized to exercise the powers of a law enforcement officer generally and particularly shall not be authorized to exercise the power of arrest.
(b)
The council is authorized to bring a civil action against any peace officer who does not comply with this chapter to enjoin the peace officer from performing any and all functions of a peace officer, including the power of arrest, until the officer shall meet the certification or registration requirements of this chapter.
(c)
The council is authorized to bring a civil action against any law enforcement unit which employs or appoints any peace officer who fails to meet the certification or registration requirements of this chapter to enjoin the law enforcement unit from allowing the peace officer to perform any and all peace officer functions, including exercising the power of arrest, until such time as the peace officer shall comply with the certification or registration requirements of this chapter.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-18 - Applicability of chapter to emergency peace officers

This chapter shall not apply to emergency peace officers.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-19 - Appointment of citizen of adjoining state as peace officer

In each city of this state adjacent to the State of Georgia boundary line, the sheriff, mayor, or other person authorized to appoint peace officers may appoint as special deputy, special constable, marshal, policeman, or other peace officer a person who is not a citizen of Georgia but who is a citizen of an adjoining state, provided such appointed person is otherwise qualified to serve as a peace officer.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-20 - Training requirements for police chiefs, department heads, and wardens; effect of failure to fulfill training requirement; waiver of requirements

(a)
During calendar year 1985 and during each calendar year thereafter, the chief of police or department head of each law enforcement unit and wardens of state institutions shall complete 20 hours of training as provided in this Code section.
(b)
The training required by subsection (a) of this Code section shall be completed in sessions as selected and provided or approved by the Georgia Association of Chiefs of Police or the Georgia Prison Wardens Association and which have been recognized by the Georgia Peace Officer Standards and Training Council.
(c)
The salary and travel expenses of a chief of police or department head of a law enforcement unit or a warden of a state institution taking the required training shall be paid by the law enforcement unit by which he or she is employed.
(d)
Any chief of police or department head of a law enforcement unit or a warden of a state institution who does not fulfill the training requirement of this Code section shall lose his or her power of arrest.
(e)
A waiver of the requirement of training provided in this Code section may be granted by the Georgia Peace Officer Standards and Training Council, in its discretion, upon the presentation of evidence by a chief of police or department head of a law enforcement unit or a warden of a state institution that he or she was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the council.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-21.1 - Use of retired peace and correctional officers in emergency or disaster; training; immunities; compensation; power of arrest

(a)
Any law enforcement unit in this state may supplement its workforce as necessary with qualified, retired peace officers or correctional officers when a disaster or emergency has been declared by a county sheriff, a public safety director, or the Governor or when there is a national emergency.
(b)
Retired peace officers and retired correctional officers assisting law enforcement units under the provisions of this Code section shall be in compliance with the annual training and qualification standards for peace officers established under this chapter.
(c)
Any retired peace officer or retired correctional officer assisting the requesting entity shall have the same immunities and powers of arrest as he or she has in his or her own jurisdiction, and the same powers of arrest as officers of the requesting entity, including sovereign immunity, official immunity, and the public duty doctrine, for the duration of the declared disaster or emergency. Such powers shall be limited to the location where the retired officer's services are requested to be provided, for the duration of the specific event, and while acting under the direction of the requesting entity's chief law enforcement officer or his or her designee.
(d)
Any retired peace officer or correctional officer assisting a requesting entity shall be deemed an employee of the requesting entity for the duration of the declared disaster or emergency and shall be subject to the workers' compensation, overtime, and expense reimbursement provisions provided to him or her as an employee of the requesting entity.
(e)
Any compensation awarded to retirees for service under this Code section shall be paid by the requesting entity.
(f)
Nothing in this Code section shall be construed to limit the powers of arrest provided to a law enforcement officer by any other law.
Added by 2020 Ga. Laws 513,§ 2, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-22 - Reimbursement of training expenses by subsequent employer of peace officer; collection procedure; required documentation

(a)
Unless otherwise provided by an employment contract to the contrary, if the State of Georgia or any county or municipality thereof employs a peace officer and said peace officer is hired by another agency within 15 months after completing mandated or formalized training requirements, then the total expense of training, including salary paid during training, shall be reimbursed by the hiring agency to the State of Georgia or any county or municipality thereof which initially paid for such training. If said officer is hired by another agency during a period of 15 to 24 months after mandated or formalized training requirements are completed, then one-half of the total expense of training, including salary paid during training, shall be reimbursed by the hiring agency to the State of Georgia or any county or municipality thereof which initially paid for such training. The council shall set standards for reimbursement by hiring agencies based upon actual expenses incurred in mandated or formalized training by individual departments.
(b)
The State of Georgia or any county or municipality thereof which initially paid for the training of a peace officer shall submit an itemized, sworn statement to the new employer of the peace officer and shall demand payment thereof and may enforce collection of such obligation through civil remedies and procedures.
(c)
Effective July 1, 2003, in order for the State of Georgia or any county or municipality thereof to demand reimbursement, the demanding governmental unit must be able to document that the peace officer in question signed an acknowledgment of the terms of this Code section or an employment contract specifying the provisions of this Code section prior to such peace officer's employment with the demanding governmental unit. Otherwise, this Code section shall not apply to such demand for reimbursement.
Added by 2003 Ga. Laws 66, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-26 - [Effective 12/31/2030] TASER and electronic control weapons; requirements for use; establishment of policies; training

(a)
This Code section shall be known and may be cited as the "TASER and Electronic Control Weapons Act."
(b)
It is the intent and purpose of the Georgia General Assembly to establish legal requirements for the official use of electronic control weapons and similar devices by law enforcement officers, including those officers employed in detention facilities, which requirements shall be consistent with generally accepted industry practices. It is the further intent of the General Assembly to require that such devices, commonly referred to as TASERs or stun-guns, which disrupt the central nervous system of the human body, be used for law enforcement purposes in a manner consistent with established standards and with federal and state constitutional provisions.
(c)
A law enforcement unit authorizing the use of electronic control weapons or similar devices shall establish lawful written policies and directives providing for the use and deployment of such weapons and devices that are consistent with the training requirements established by the Georgia Peace Officer Standards and Training Council. The policies and directives required by this subsection shall be issued prior to the issuance of such devices.
(d)
Prior to the official use of electronic control weapons or similar devices, peace officers authorized by the officer's law enforcement unit to use such devices shall be required to satisfactorily complete a course of instruction and certification requirements approved by the council. All persons certified to use electronic control weapons shall complete an update or refresher training course of such duration and at such time as may be prescribed by the council in order for their electronic control weapons certification to remain in force and effect.
(e)
A department head authorizing the use of an electronic control weapon or similar device or a peace officer using an electronic control weapon or similar device in violation of this Code section shall be subject to disciplinary action as provided for in this chapter. The council is authorized to withdraw or suspend the certification to operate an electronic control weapon of any person for failure to meet the update or refresher requirements specified in this Code section or for violation of any portion of this chapter relating to conditions which may lead to the withdrawal, suspension, or probation of a peace officer's certification.
(f)
The Georgia Public Safety Training Center shall provide council approved training to peace officers for the use of electronic control weapons and similar devices.
Added by 2006 Ga. Laws 692,§ 1, eff. 1/1/2007.
See 2006 Ga. Laws 692, § 2.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS (§§ 35-8-1 — 35-8-27) › Section 35-8-27 - Training requirements for school resource officers

(a)
It is the best practice for any person assigned or appointed as a school resource officer to successfully complete a training course for school resource officers approved by the council.
(b)
For purposes of subsection (a) of this Code section, the council shall maintain a training course consisting of 40 hours of training for school resource officers. Such training course shall, at a minimum, provide training in the role of a peace officer assigned to an elementary or secondary school, search and seizure in elementary and secondary schools, criminal offenses, gang awareness, drug awareness, interviews and interrogations, emergency preparedness, and interpersonal interactions with adolescents, including the encountering of mental health issues.
Added by 2017 Ga. Laws 243,§ 1-2, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 9 - SPECIAL POLICEMEN (§§ 35-9-1 — 35-9-15) › Section 35-9-1 - Definitions

As used in this chapter, the term "appointing authority" means the Governor of this state or any officer or agency to whom the power to appoint and deputize special policemen is delegated.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 9 - SPECIAL POLICEMEN (§§ 35-9-1 — 35-9-15) › Section 35-9-2 - Appointment of special policemen upon application of Governor or subdivision of another state

Upon the application of the governor of any state or subdivision thereof owning or having an interest in any property situated wholly or partly in this state, the Governor of this state, or any officer or agency to whom or which he may delegate his powers and duties under this chapter, may appoint and deputize as special policemen, with the powers and duties provided for in Code Section
35-9-9
, such number of persons designated in the application as may be deemed necessary for the additional protection of such property.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 9 - SPECIAL POLICEMEN (§§ 35-9-1 — 35-9-15) › Section 35-9-3 - Form and content of application for appointment

Applications under Code Section
35-9-2
shall be made in writing upon forms prescribed by the appointing authority and shall contain the name, age, nationality, and address of each person for whom an appointment as special policeman is sought and such other information concerning the person as the appointing authority may require.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 9 - SPECIAL POLICEMEN (§§ 35-9-1 — 35-9-15) › Section 35-9-4 - Qualifications for appointment

No person shall be appointed a special policeman under Code Sections
35-9-2
and
35-9-3
, this Code section, and Code Sections
35-9-5
through
35-9-12
unless he is a citizen of the United States, is a person of good moral character, and has not previously been convicted of a felony.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 9 - SPECIAL POLICEMEN (§§ 35-9-1 — 35-9-15) › Section 35-9-5 - Issuance of certificate of appointment; effect of certificate

(a)
The appointing authority shall issue a certificate of appointment to each person appointed as a special policeman under Code Sections
35-9-2
through
35-9-4
, this Code section, and Code Sections
35-9-6
through
35-9-14
in such form as it may prescribe.
(b)
The certificate of appointment shall constitute the appointee's authority for exercising the powers and carrying out the duties conferred and imposed upon him by Code Sections
35-9-2
through
35-9-4
, this Code section, and Code Sections
35-9-6
through
35-9-12
.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 9 - SPECIAL POLICEMEN (§§ 35-9-1 — 35-9-15) › Section 35-9-6 - Oath of office

Each person appointed under Code Sections
35-9-2
through
35-9-5
, this Code section, and Code Sections
35-9-7
through
35-9-12
shall, within 15 days after his certificate of appointment has been issued and before entering upon the duties of his office, take and subscribe the oath prescribed by Code Section
45-3-1
and file it in the office of the appointing authority.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 9 - SPECIAL POLICEMEN (§§ 35-9-1 — 35-9-15) › Section 35-9-7 - Compensation

The compensation of a special policeman shall be fixed in such amount as may be agreed upon between him and the state, political subdivision, department, agency, or district requesting his employment; and the latter shall be liable for the payment thereof.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 9 - SPECIAL POLICEMEN (§§ 35-9-1 — 35-9-15) › Section 35-9-8 - Status as employee of state

Each person appointed as a special policeman under Code Sections
35-9-2
through
35-9-7
, this Code section, and Code Sections
35-9-9
through
35-9-12
shall for all purposes be deemed to be an employee of the state, political subdivision, department, agency, or district requesting his appointment.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 9 - SPECIAL POLICEMEN (§§ 35-9-1 — 35-9-15) › Section 35-9-9 - Powers and duties generally; wearing of special badge; reporting of change of address

(a)
Each person appointed as a special policeman under Code Sections
35-9-2
through
35-9-8
, this Code section, and Code Sections
35-9-10
through
35-9-12
shall:
(1)
Be charged with the duty of protecting and preserving the property described in the application for his appointment;
(2)
Have power to arrest all persons trespassing or committing offenses or crimes on the property described in the application for his appointment;
(3)
Have and may exercise the powers of a peace officer, but only upon the property or in connection with the property described in the application for his appointment; and
(4)
Have power to possess and carry such firearms and other weapons while on duty as may be prescribed by the appointing authority.
(b)
When on duty, a special policeman shall wear a metallic badge upon which shall be inscribed the words "special policeman."
(c)
Whenever a person appointed as a special policeman shall change his residence, he shall forthwith give notice of his new address to the appointing authority.
2023 CODE OF GEORGIA › Title 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES (§§ 35-1-1 — 35-10-11) › Chapter 9 - SPECIAL POLICEMEN (§§ 35-9-1 — 35-9-15) › Section 35-9-10 - Special policemen subject to rules and regulations of appointing authority

Every special policeman appointed under Code Sections
35-9-2
through
35-9-9
, this Code section, and Code Sections
35-9-11
and
35-9-12
shall at all times be subject to the rules and regulations of the appointing authority and to the supervision and control of such person or persons as the Governor of this state may from time to time designate.