35-1-1. Definitions.

As used in this title, the term:

1. "Board" means the Board of Public Safety.
2. "Commissioner" means the commissioner of public safety.
3. "Department" means the Department of Public Safety.

35-1-2. Examination of sexual assault victims; reports.

1. As used in this Code section, the term:
   1. "Division" means the Division of Forensic Sciences of the Georgia Bureau of Investigation.
   2. "Medical examination" means an examination pursuant to subsection (c) of Code Section 16-6-1 or subsection (c) of Code Section 16-6-2.
2. When a forensic medical examination is performed, evidence is collected, and the alleged victim has requested that law enforcement officials be notified, the individual performing such exam, or his or her designee, shall notify the appropriate law enforcement agency of the collection of such evidence and provide a summary of all rights guaranteed to the alleged victim pursuant to the Crime Victims' Bill of Rights established pursuant to Code Section 17-17-1, et seq., as provided by the Criminal Justice Coordinating Council. At the time of the examination, no alleged victim shall be required to assign or waive any rights afforded to him or her in the Crime Victims' Bill of Rights or that might prevent the alleged victim from seeking relief from the Crime Victims Compensation Board. Law enforcement officials shall take possession of such evidence no later than 96 hours of being notified.
3. It shall be the duty of every law enforcement officer who takes possession of the evidence as provided in subsection (b) of this Code section to ensure that such evidence is submitted to the division within 30 days of it being collected, in accordance with the procedures established by the division.
4. When a forensic medical examination was performed before July 1, 2016, evidence was collected, and the alleged victim requested that law enforcement officials be notified, the individual who performed such exam, or his or her designee, shall notify the appropriate law enforcement agency of the collection of such evidence on or before July 15, 2016, and law enforcement officials shall take possession of such evidence on or before July 31, 2016. It shall be the duty of every law enforcement officer who takes possession of the evidence as provided in this Code section to ensure that such evidence is submitted to the division by August 31, 2016, in accordance with the procedures established by the division.
5. It shall be the duty of every law enforcement agency to create a list of evidence resulting from a forensic medical examination that is in such agency's possession on August 1, 2016, identifying such evidence as needing to be tested and submitting such listing of information to the division by August 15, 2016.
6. A failure to comply with the provisions of this Code section shall not affect the admissibility of evidence collected from a forensic medical examination.
7. Beginning December 1, 2016, the division shall issue an annual report detailing the number of cases for which it has tested evidence pursuant to this Code section and the number of cases that are awaiting testing. Such report shall be provided to the executive counsel of the Governor, the Speaker of the House of Representatives, the Lieutenant Governor, the members of the House Committee on Judiciary, Non-civil, the members of the Senate Judiciary Committee, the House Committee on Health and Human Services, and the Senate Health and Human Services Committee and posted online at the Georgia Bureau of Investigation's website. (Code 1981, § 35-1-2 , enacted by Ga. L. 2016, p. 145, § 2/SB 304; Ga. L. 2017, p. 774, § 35/HB 323.)

Effective date. - This Code section became effective July 1, 2016.

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted "afforded to him or her" for "afforded to them" near the end of subsection (b); and substituted "Senate Judiciary Committee" for "Senate Judiciary, Non-civil Committee" in the middle of the second sentence of subsection (g).

Cross references. - Sexual assault protocol, T. 15, C. 24.

Sexual offense, T. 16, C. 6.

Editor's notes. - Former Code Section 35-1-2, pertaining to passenger motor vehicle for warden of Georgia State Prison, was repealed by Ga. L. 2007, p. 114, § 1, effective July 1, 2007. The former Code section was based on Ga. L. 1937, p. 322, art. 2, § 13; Ga. L. 1952, p. 3, § 1.

Ga. L. 2016, p. 145, § 1/SB 304, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Compassionate Care for Victims of Sexual Assault Act.'"

35-1-3. Subsistence allowance for law enforcement officers.

1. The governing authorities of the several counties, municipal corporations, and other political subdivisions of this state are authorized to designate and set apart a portion of the compensation, whether payable on a salary or fee basis, to sheriffs, deputy sheriffs, patrolmen, policemen, and other law enforcement officers, as a subsistence allowance, which allowance shall not exceed $5.00 for each day actually spent by such sheriff or other law enforcement officer in the performance of his duties.
2. Nothing in this Code section shall affect any pension system which was being operated by any county, municipal corporation, or political subdivision of this state on March 9, 1956, nor shall this Code section affect any rights of any person under any pension system which was being operated by any county, municipal corporation, or political subdivision on March 9, 1956.

   (Ga. L. 1956, p. 741, §§ 1, 3.)

Editor's notes. - By a 1963 resolution (Ga. L. 1963, p. 316), the General Assembly ratified an executive order of the Governor dated March 9, 1962, which suspended until the convening of the 1963 Session of the General Assembly any income taxes due the state attributable to the inclusion in gross income of amounts received as subsistence allowances in accordance with this Code section.

35-1-4. Requirements for reporting stolen motor vehicles and license plates; notice to owner upon recovery; rules and regulations; failure of law enforcement officer to report; effect on Georgia Crime Information Center.

1. As used in this Code section, the term:
   1. "Recovering agency" means the law enforcement agency which recovers a motor vehicle which has previously been reported stolen.
   2. "Reporting agency" means the law enforcement agency which receives a report that a motor vehicle has been stolen or lost and which reports such theft or loss to the Georgia Crime Information Center.
2. It shall be the duty of every law enforcement officer who receives a report based on reliable information that any motor vehicle has been stolen or that the license plate for such vehicle has been stolen or lost to report the theft or loss to the Georgia Crime Information Center immediately after receiving such information, unless prior thereto information has been received of the recovery of the vehicle or plate.  It shall be the duty of any person who reports the theft of a motor vehicle to provide the law enforcement agency to which the report of theft was made and the Georgia Crime Information Center with a means of contacting the owner of the stolen motor vehicle or the successor in interest to such owner in the event of the recovery of the motor vehicle.  Any law enforcement officer, upon receiving information of the recovery of any motor vehicle or license plate which has previously been reported as stolen or lost, shall immediately report the recovery of the motor vehicle or plate directly to the Georgia Crime Information Center.  It shall be the duty of the reporting law enforcement agency, the agency to which the vehicle was first reported stolen, to notify the owner or the successor in interest to the owner within 72 hours when a previously reported stolen motor vehicle has been recovered, or within 72 hours after the reporting agency has received notification of recovery if recovery is by another agency. The owner or successor in interest shall not be charged or otherwise incur any storage fee on the recovered stolen motor vehicle until the expiration of at least 24 hours immediately following such notification to the owner or the successor in interest.  In the event the reporting agency is different from the recovering agency, the recovering agency shall contact the reporting agency and provide all information required by the guidelines established by the Georgia Crime Information Center and any other relevant information.  In all cases, it shall remain the responsibility of the reporting agency to notify the owner or the successor in interest to the owner. This requirement shall be included in the rules and regulations of the board promulgated pursuant to subsection (c) of this Code section.  If, after a reasonable attempt, the reporting law enforcement agency is unable to contact the owner or the successor in interest to the owner, a record of such fact shall be made and filed with the incident reports and posted in the record required to be maintained by Code Section 17-5-50.
3. The board is authorized and directed to promulgate rules and regulations pertaining to the submissions of the reports provided for in subsection (b) of this Code section.  Such rules and regulations shall include time limits for the submission of the reports and the forms upon which the reports shall be submitted.
4. The intentional failure of any law enforcement officer to submit reports as prescribed in subsection (b) of this Code section or the failure to do so through wanton neglect shall constitute cause for removal from office, if the officer is elected, or shall be grounds for dismissal if the officer is a nonelected employee.
5. The provisions of this Code section shall not be construed to affect the responsibilities of the Georgia Crime Information Center as provided by paragraph (14) of subsection (a) of Code Section 35-3-33.

   (Ga. L. 1966, p. 733, §§ 2-4; Ga. L. 1984, p. 632, §§ 1, 2; Ga. L. 1987, p. 3, § 35; Ga. L. 1991, p. 723, § 1; Ga. L. 1993, p. 91, § 35; Ga. L. 1993, p. 762, § 1; Ga. L. 2012, p. 775, § 35/HB 942.)

The 2012 amendment, effective May 1, 2012, part of an Act to revise, modernize, and correct the Code, substituted "paragraph (14) of subsection (a) of Code Section 35-3-33" for "paragraph (14) of Code Section 35-3-33" in subsection (e).

Cross references. - Further provisions regarding duty of peace officer to report theft of motor vehicle, § 40-3-5 .

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1993, "that a motor vehicle" was substituted for "that motor vehicle" in paragraph (a)(2) and "subsection (c)" was substituted for "subsection (b)" in the next-to-last sentence in subsection (b).

35-1-5. Unauthorized use of wavelength of radio system adopted by department or Georgia Bureau of Investigation.

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

   (Ga. L. 1937, p. 322, art. 3, § 1; Ga. L. 1960, p. 995, § 1.)

Cross references. - Protection of public property generally, §§ 50-16-4 , 50-16-14 et seq.

35-1-6. Appointment of nonuniformed investigators; salaries; status; assignment; powers.

1. The commissioner is authorized to appoint five nonuniformed investigators who shall be certified peace officers pursuant to Chapter 8 of this title, the "Georgia Peace Officer Standards and Training Act." The commissioner shall determine the salaries of such investigators. The investigators shall be in the unclassified service as defined by Code Section 45-20-2 and therefore shall not be governed by any rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, or other such matters concerning their employment as may now or hereafter be established by the State Personnel Board or any successor boards or agencies. The investigators shall be assigned to the Internal Affairs Section of the Department of Public Safety in the office of the commissioner at the department's headquarters complex.
2. The investigators shall have full arrest powers in cases involving internal affairs and in such cases shall be authorized:
   1. To investigate crimes committed anywhere in the state;
   2. To arrest any person violating the criminal laws of this state;
   3. To serve and execute warrants after notifying the law enforcement agency of the local jurisdiction of the intent to serve such warrant or warrants;
   4. To enforce in general the criminal laws of this state; and
   5. To carry firearms while performing their duties.

      (Ga. L. 1981, p. 1450, § 2; Ga. L. 1992, p. 3131, § 1; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-46/HB 642.)

The 2012 amendment, effective July 1, 2012, in subsection (a), in the third sentence, substituted "as defined by Code Section 45-20-2" for "of the State Personnel Administration", and deleted ", the State Personnel Administration," following "State Personnel Board".

Cross references. - Offenses involving illegal aliens, § 16-11-200 et seq.

Determination of immigration status of suspects, § 17-5-100 .

Protection of public property generally, §§ 50-16-4 , 50-16-14 et seq.

Secure and verifiable identity document, § 50-36-2 .

Immigration enforcement review board, § 50-36-3 .

Editor's notes. - Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

35-1-7. Liability of law enforcement officers performing duties at the scene of an emergency.

A law enforcement officer shall not be liable at law for any action or actions done while performing any duty at the scene of an emergency except for gross negligence, willful or wanton misconduct, or malfeasance. As used in this Code section, the term "law enforcement officer" means any peace officer who is employed by this state or any political subdivision thereof and who is required by the terms of his employment, whether by election or appointment, to give his full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include sheriffs and deputy sheriffs.

(Code 1933, § 3-1004.3, enacted by Ga. L. 1981, p. 655, § 1.)

Cross references. - Immunity of state and political subdivisions and employees, agents, and representatives thereof for injury or damage arising from emergency management activities, § 38-3-35 .

Liability of persons rendering emergency care, § 51-1-29 .

Liability of members of fire departments for acts performed while fighting fires or performed at scenes of emergencies, § 51-1-30 .

Immunity for operators of external defibrillators, § 51-1-29.3 .

Limitation on health care liability claims for gross negligence in emergency medical care, § 51-1-29.5 .

Law reviews. - For survey article citing developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981). For article, "Georgia's Public Duty Doctrine: The Supreme Court Held Hostage," see 51 Mercer L. Rev. 73 (1999). For comment, "Good Samaritan Laws - Legal Disarray: An Update," see 38 Mercer L. Rev. 1439 (1987).

35-1-8. Acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons.

1. It shall be the duty of every law enforcement agency to:
   1. Acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual;
   2. Acquire, collect, classify, and preserve immediately any information which would assist in the location of any missing person, including any minor, and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person and the agency shall acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin;
   3. Exchange such records and information as provided in paragraphs (1) and (2) of this subsection with other law enforcement agencies of this state, any other state, or the United States. With respect to missing minors, such information shall be transmitted immediately to other law enforcement agencies; and
   4. Report any case of an unusual illness, health condition, or death, or an unusual cluster of such events, or any other suspicious health related event to the Department of Public Health and the appropriate county board of health.
2. 1. For purposes of this subsection, "facility" means a facility pursuant to Chapter 3, 4, or 7 of Title 37, relating to treatment of mentally ill, developmentally disabled, and alcoholic or drug dependent persons, or an institution classified as a nursing home pursuant to Code Section 31-7-1.
   2. A person hospitalized or resident in a facility shall be considered to be a missing person at the time such person's unaccounted for absence from that facility is reported by that facility, either by telephone or in writing, to a law enforcement agency.
3. Any law enforcement agency which receives a report that a person who has Alzheimer's disease or other mental illness involving dementia is missing shall immediately open an investigation for the purpose of determining such person's whereabouts; and no policy for applying any waiting period prior to initiation of a missing persons investigation shall apply in the case of a person who has Alzheimer's disease or other mental illnesses involving dementia. (Code 1981, § 35-1-8 , enacted by Ga. L. 1984, p. 690, § 1; Ga. L. 1985, p. 1128, § 1; Ga. L. 1992, p. 6, § 35; Ga. L. 1997, p. 1504, § 1; Ga. L. 2002, p. 1386, § 10; Ga. L. 2009, p. 453, §§ 1-4, 3-5/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214.)

The 2011 amendment, effective July 1, 2011, substituted "Department of Public Health" for "Department of Community Health" in paragraph (a)(4).

Cross references. - Disposition of unclaimed dead bodies, § 31-21-20 et seq.

Prohibition on minimum waiting periods for initiating missing person report, § 35-1-18 .

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1985, "subsection" was substituted for "Code section" in paragraph (a)(3) and "Chapter" was substituted for "Chapters" in paragraph (b)(1).

Pursuant to Code Section 28-9-5, in 2002, subsection (d) as enacted by Ga. L. 2002, p. 1386, § 10 was redesignated as paragraph (a)(4), "and" was deleted from the end of paragraph (a)(2) and "; and" was substituted for a period at the end of (a)(3).

Law reviews. - For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011). For note on the 2002 amendment of this Code section, see 19 Ga. St. U.L. Rev. 1 (2002).

35-1-9. Utilization of alarm verification required.

1. As used in this Code section, the term:
   1. "Alarm monitoring company" means any person, company, corporation, partnership, business, or a representative or agency thereof authorized to provide alarm monitoring services for burglar alarm systems, fire alarm systems, or other similar electronic security systems whether such systems are maintained on commercial business property, public property, or individual residential property.
   2. "Alarm verification" means a reasonable attempt by an alarm monitoring company to contact the alarm site or alarm user, by telephone or other electronic means, to determine whether a burglar alarm signal is valid prior to requesting law enforcement to be dispatched to the location and, where the initial attempted contact cannot be made, a second reasonable attempt to make such contact utilizing a different telephone number or electronic address or number.
2. Except as provided in subsection (c) of this Code section, an alarm monitoring company shall utilize a system providing for alarm verification of all alarm signals.
3. Alarm verification shall not be required in the case of a fire alarm or a panic or robbery-in-progress alarm or in cases where a crime-in-progress has been verified to be true by video or audible means. (Code 1981, § 35-1-9 , enacted by Ga. L. 2013, p. 750, § 1/HB 59.)

Effective date. - This Code section became effective July 1, 2013.

Editor's notes. - This Code section formerly pertained to the prohibition of inspecting or copying records of law enforcement agency for commercial solicitation and was based on Ga. L. 1999, p. 1868, § 1. The former Code section was repealed by Ga. L. 1999, p. 809, § 2, effective July 1, 1999.

35-1-10. Training in investigation of family violence incidents.

1. The Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center shall establish guidelines and procedures for the incorporation of training materials and information in:
   1. Methods for identifying, combating, and reporting family violence incidents; and
   2. Methods for identifying and reporting sexual offenses and assisting victims of sexual offenses.
2. The guidelines and procedures listed in subsection (a) of this Code section shall be for use by law enforcement training centers monitored by the Georgia Peace Officer Standards and Training Council and monitored and funded by the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight. (Code 1981, § 35-1-10 , enacted by Ga. L. 1992, p. 2939, § 2; Ga. L. 1993, p. 91, § 35; Ga. L. 1997, p. 1488, § 1; Ga. L. 2004, p. 986, § 1.)

35-1-11. Police volunteers for traffic control.

A police chief of a local law enforcement agency with the approval of the local governing authority shall be authorized to designate and equip police volunteers and to provide training to such police volunteers in the area and manner of traffic control. With the approval of the police chief of a local law enforcement agency or fire chief of a local fire department, a police volunteer shall be authorized to direct and regulate the flow of traffic in the event of a fire, explosion, hurricane, tornado, or other emergency situation. A police volunteer shall not have the power of arrest provided to peace officers.

(Code 1981, § 35-1-11 , enacted by Ga. L. 1999, p. 654, § 1.)

Cross references. - Obedience to authorized persons directing traffic, § 40-6-2 .

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1999, Code Section 35-1-11 as enacted by Ga. L. 1999, p. 777, § 1, was redesignated as Code Section 35-1-12.

35-1-12. Chief of police or law enforcement head; exception.

Any county, municipality, or other public subdivision of this state which has a law enforcement agency shall declare a chief of police or a law enforcement head for such law enforcement agency who is required to be a certified peace officer pursuant to the provisions of Chapter 8 of this title, known as the "Georgia Peace Officer Standards and Training Act." The provisions of this Code section shall not apply to sheriffs.

(Code 1981, § 35-1-12 , enacted by Ga. L. 1999, p. 777, § 1.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1999, Code Section 35-1-11 as enacted by Ga. L. 1999, p. 777, § 1, was redesignated as Code Section 35-1-12.

35-1-13. Completion and transmission of reports from victims of identity fraud.

Notwithstanding any other provision of law, any law enforcement agency that receives a report from a resident of this state that such person has been the victim of identity fraud shall prepare an incident report and transmit the same to the Georgia Bureau of Investigation identity fraud repository, as provided in Code Section 16-9-123, notwithstanding the fact that such person's identity may have been used solely to commit one or more criminal offenses beyond the jurisdiction of this state. Copies of such incident reports shall be referred from the office of the Attorney General to the Georgia Crime Information Center as provided in Chapter 3 of this title and to any jurisdiction in which such identity has been used.

(Code 1981, § 35-1-13 , enacted by Ga. L. 2002, p. 551, § 4; Ga. L. 2015, p. 1088, § 25/SB 148.)

The 2015 amendment, effective July 1, 2015, substituted "Georgia Bureau of Investigation" for "Governor's Office of Consumer Affairs" in the middle of the first sentence, and substituted "office of the Attorney General" for "Governor's Office of Consumer Affairs" near the beginning of the second sentence.

Cross references. - Identity fraud, § 16-9-120 et seq.

Fraudulent driver's license or identification card, § 40-5-125 .

Law reviews. - For article, "The Growing Threat of Identity Theft and Its Implications for Employers," see 11 Ga. St. B.J. 27 (2006). For note on the 2002 enactment of this Code section, see 19 Ga. St. U.L. Rev. 81 (2002).

35-1-14. Written policies for emergency pursuits.

On and after January 1, 2004, each state, county, and local law enforcement agency that conducts emergency response and vehicular pursuits shall adopt written policies that set forth the manner in which these operations shall be conducted. Each law enforcement agency may create its own such policies or adopt an existing model. All pursuit policies created or adopted by any law enforcement agency must address situations in which police pursuits cross over into other jurisdictions. Law enforcement agencies which do not comply with the requirements of this Code section are subject to the withholding of any state funding or state administered federal funding.

(Code 1981, § 35-1-14 , enacted by Ga. L. 2003, p. 911, § 1; Ga. L. 2006, p. 72, § 35/SB 465.)

Cross references. - Operation of ambulances and ambulance services generally, T. 31, C. 11.

Authorized emergency vehicles, § 40-6-6 .

Yielding of right of way to authorized emergency vehicles, § 40-6-74 .

Duty of pedestrians to yield right of way to authorized emergency vehicles, § 40-6-99 .

Equipment of law enforcement and emergency vehicles, § 40-8-90 et seq.

35-1-15. Fresh pursuit by law enforcement officers; authority and responsibilities of officers; applicability.

1. As used in this Code section, the term:
   1. "Fresh pursuit" means pursuit by a law enforcement officer of a person who is in immediate and continuous flight from the commission of a criminal offense.
   2. "Law enforcement officer" means a person employed or appointed by a state or political subdivision who is granted, by state law, the authority to enforce criminal, traffic, or penal laws of his or her respective state and who possesses the power to effect arrests.
2. A law enforcement officer from Alabama, Florida, North Carolina, South Carolina, or Tennessee who enters this state in fresh pursuit of a person shall have the same authority to arrest and hold in custody such person within this state as that of a law enforcement officer of this state; provided, however, that the authority granted by this Code section shall be limited to criminal offenses of the pursuing state that also are criminal offenses under the laws of this state and that are punishable by death or imprisonment in excess of one year under the laws of the pursuing state.
3. 1. When an arrest is made in this state by a law enforcement officer of another state pursuant to this Code section, the law enforcement officer shall, without unnecessary delay, take the person arrested before a judicial officer of this state.
   2. The judicial officer shall conduct a hearing for the limited purpose of determining whether such arrest meets the requirements of this Code section unless the person arrested executes a written waiver of his or her right to a hearing under this Code section. If the judicial officer determines that such arrest was unlawful, he or she shall discharge such person arrested. If the judicial officer determines that such arrest was lawful, he or she shall commit such person arrested to imprisonment as provided in Code Section 17-13-35. Once such person is imprisoned pursuant to this Code section, the provisions of Chapter 13 of Title 17 shall govern the extradition and return of such person to the state in which the criminal offense was committed.
4. This Code section shall apply only to a law enforcement officer from Alabama, Florida, North Carolina, South Carolina, or Tennessee where the state in which the law enforcement officer is employed or appointed has enacted a provision similar to this Code section relating to the arrest and custody of a person pursued into a neighboring state. (Code 1981, § 35-1-15 , enacted by Ga. L. 2008, p. 157, § 1/HB 983; Ga. L. 2009, p. 8, § 35/SB 46.)

35-1-16. Training law enforcement officers investigating crimes involving trafficking persons for labor or sexual servitude.

1. The Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center shall establish guidelines and procedures for the incorporation of training materials and information in:
   1. Methods for identifying, combating, and reporting incidents where a person has been trafficked for labor or sexual servitude, as such terms are defined in Code Section 16-5-46;
   2. Methods for providing proper detention facilities or alternatives to detention facilities for persons who have been trafficked for labor or sexual servitude, as such terms are defined in Code Section 16-5-46, including providing information on therapeutic facilities for such persons; and
   3. Methods for assisting persons who have been trafficked for labor or sexual servitude, as such terms are defined in Code Section 16-5-46, including providing information on social service organizations available to assist such person.
2. The guidelines and procedures listed in subsection (a) of this Code section shall be for use by law enforcement training centers monitored by the Georgia Peace Officer Standards and Training Council and monitored and funded by the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight. (Code 1981, § 35-1-16 , enacted by Ga. L. 2011, p. 217, § 8/HB 200.)

Effective date. - This Code section became effective July 1, 2011.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2011, Code Section 35-1-16, as enacted by Ga. L. 2011, p. 794, § 9/HB 87, was redesignated as Code Section 35-1-17.

Law reviews. - For article on the 2011 enactment of this Code section, see 28 Ga. St. U.L. Rev. 131 (2011).

35-1-17. Local law enforcement agencies to enter into agreements with federal agencies for the enforcement of immigration laws.

1. It is the intent of the General Assembly to encourage Georgia law enforcement officials to work in conjunction with federal immigration authorities and to utilize all resources made available by the federal government to assist state and local law enforcement officers in the enforcement of the immigration laws of this state and of the United States.
2. Cooperation with federal authorities.
   1. To the extent authorized by federal law, state and local government employees, including law enforcement officers and prosecuting attorneys, shall be authorized to send, receive, and maintain information relating to the immigration status of any individual as reasonably needed for public safety purposes. Except as provided by federal law, such employees shall not be prohibited from receiving or maintaining information relating to the immigration status of any individual or sending or exchanging such information with other federal, state, or local governmental entities or employees for official public safety purposes.
   2. State and local agencies shall be authorized to enter into memorandums of understanding and agreements with the United States Department of Justice, the Department of Homeland Security, or any other federal agency for the purpose of enforcing federal immigration and customs laws and the detention, removal, and investigation of illegal aliens and the immigration status of any person in this state. A peace officer acting within the scope of his or her authority under any such memorandum of understanding, agreement, or other authorization from the federal government shall have the power to arrest, with probable cause, any person suspected of being an illegal alien.
   3. Except as provided by federal law, no state or local agency or department shall be prohibited from utilizing available federal resources, including data bases, equipment, grant funds, training, or participation in incentive programs for any public safety purpose related to the enforcement of state and federal immigration laws.
   4. When reasonably possible, applicable state agencies shall consider incentive programs and grant funding for the purpose of assisting and encouraging state and local agencies and departments to enter into agreements with federal entities and to utilize federal resources consistent with the provisions of this Code section.
3. Authority to transport illegal aliens. If a state or local law enforcement officer has verification that a person is an illegal alien, then such officer shall be authorized to securely transport such illegal alien to a federal facility in this state or to any other temporary point of detention and to reasonably detain such illegal alien when authorized by federal law. Nothing in this Code section shall be construed to hinder or prevent a peace officer or law enforcement agency from arresting or detaining any criminal suspect on other criminal charges.
4. Authority to arrest illegal aliens. When authorized by federal law, a state or local law enforcement officer shall be authorized to arrest any person based on such person's status as an illegal alien or for a violation of any federal immigration law.
5. Immunity. A law enforcement officer or government official or employee, acting in good faith to enforce immigration laws pursuant to an agreement with federal authorities to collect or share immigration status information, or to carry out any provision of this Code section, shall have immunity from damages or liability from such actions. (Code 1981, § 35-1-17 , enacted by Ga. L. 2011, p. 794, § 9/HB 87; Ga. L. 2012, p. 775, § 35/HB 942.)

Effective date. - This Code section became effective July 1, 2011. See editor's note for applicability.

The 2012 amendment, effective May 1, 2012, part of an Act to revise, modernize, and correct the Code, substituted "memorandums of understanding" for "memorandum of understandings" in paragraph (b)(2).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2011, Code Section 35-1-16, as enacted by Ga. L. 2011, p. 794, § 9/HB 87, was redesignated as Code Section 35-1-17.

Editor's notes. - Ga. L. 2011, p. 794, § 1/HB 87, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Illegal Immigration Reform and Enforcement Act of 2011.'"

Ga. L. 2011, p. 794, § 21/HB 87, not codified by the General Assembly, provides for severability, and provides, in part, that: "(b) The terms of this Act regarding immigration shall be construed to have the meanings consistent with such terms under federal immigration law.

"(c) The provisions of this Act shall be implemented in a manner consistent with federal laws governing immigration and civil rights."

Ga. L. 2011, p. 794, § 22/HB 87, not codified by the General Assembly, provides, in part, that the enactment of this Code section shall apply to offenses and violations occurring on or after July 1, 2011.

Law reviews. - For article on the 2011 enactment of this Code section, see 28 Ga. St. U.L. Rev. 35 (2011). For article, "State Government: Illegal Immigration Reform and Enforcement Act of 2011," see 28 Ga. St. U.L. Rev. 51 (2011). For comment, "Immigration Detention Reform: No Band Aid Desired," see 60 Emory L. J. 1211 (2011).

35-1-18. Prohibition on minimum waiting periods for initiating missing person report.

No law enforcement agency shall implement a policy or practice which mandates a minimum waiting period before initiating a missing person report with such agency; provided, however, that it shall remain within the discretion of the law enforcement agency to determine what action, if any, is required in response to such a report.

(Code 1981, § 35-1-18 , enacted by Ga. L. 2014, p. 704, § 2/SB 23.)

Effective date. - This Code section became effective July 1, 2013. See Editor's notes for effective dates that precede Governor's approval.

Cross references. - Kidnapping, § 16-5-40 .

Immediate investigation for missing person with Alzheimer's disease, § 35-1-8 .

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2014, Code Section 35-1-18, as enacted by Ga. L. 2014, p. 742, § 1/HB 845, was redesignated as Code Section 35-1-19.

Editor's notes. - Ga. L. 2014, p. 704, § 1/SB 23, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Stacey Nicole English Act.' "

Ga. L. 2014, p. 704, § 5/SB 23, approved by the Governor on April 24, 2014, provided that the effective date of this Code section is July 1, 2013. See Op. Att'y Gen. No. 76-76 for construction of effective date provisions that precede the date of approval by the Governor.

35-1-19. Disclosure of arrest booking photographs prohibited.

1. As used in this Code section, the term "booking photograph" means a photograph or image of an individual taken by an arresting law enforcement agency for the purpose of identification or taken when such individual was processed into a jail.
2. Except as provided in Code Section 50-18-77 and booking photographs required for publication as set forth in Titles 16 and 40, for the State Sexual Offender Registry, and for use by law enforcement agencies for administrative purposes, an arresting law enforcement agency or agent thereof shall not post booking photographs to or on a website.
3. An arresting law enforcement agency shall not provide or make available a copy of a booking photograph in any format to a person requesting such photograph if:
   1. Such booking photograph may be placed in a publication or posted to a website or transferred to a person to be placed in a publication or posted to a website; and
   2. Removal or deletion of such booking photograph from such publication or website requires the payment of a fee or other consideration.
4. When a person requests a booking photograph, he or she shall submit a statement affirming that the use of such photograph is in compliance with subsection (c) of this Code section. Any person who knowingly makes a false statement in requesting a booking photograph shall be guilty of a violation of Code Section 16-10-20 . (Code 1981, § 35-1-19 , enacted by Ga. L. 2014, p. 742, § 1/HB 845.)

Effective date. - This Code section became effective July 1, 2014.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2014, Code Section 35-1-18, as enacted by Ga. L. 2014, p. 742, § 1/HB 845, was redesignated as Code Section 35-1-19.

35-1-20. Retention of weapons by officers following employment.

1. As used in this Code section, the term:
   1. "Honorable conditions" means conditions of having satisfied, met, or exceeded the conduct and performance standards established by the state entity for sworn police officers.
   2. "State entity" means any state department, agency, board, bureau, office, commission, public corporation, system, or authority.
2. The governing authority of each municipality and county in this state and each board of education which employs sworn police officers who are certified by the Georgia Peace Officer Standards and Training Council may adopt policies under which such sworn police officers, upon their retirement from employment by such municipality, county, or board of education or upon leaving such employment as a result of a disability arising in the line of duty, shall be entitled, as part of their compensation, to retain their weapon and badge.
3. Except where otherwise provided for by law for a state entity, each state entity which employs sworn police officers who are certified by the Georgia Peace Officer Standards and Training Council shall adopt rules, regulations, or policies under which such sworn police officers, upon their retirement from employment by such state entity or upon leaving such employment as a result of a disability arising in the line of duty, shall be entitled, as part of their compensation, to retain their weapon and badge; provided, however, that such sworn police officers retire or leave under honorable conditions. (Code 1981, § 35-1-20 , enacted by Ga. L. 2016, p. 823, § 1/SB 263; Ga. L. 2017, p. 24, § 2/SB 18.)

Effective date. - This Code section became effective July 1, 2016.

The 2017 amendment, effective July 1, 2017, added subsection (a); designated the previously existing provisions of this Code section as subsection (b); in subsection (b), substituted "sworn police officers" for "sworn officers" in the middle, and substituted "their" for "his or her" twice near the end; and added subsection (c).

35-1-21. Development of guidelines and procedures for training in identifying domestic terrorism and reporting information to Georgia Information Sharing and Analysis Center.

1. The Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center shall establish guidelines and procedures for the incorporation of training materials and information in methods for:
   1. Identifying and reporting activity that may lead to domestic terrorism;
   2. Combating domestic terrorism; and
   3. Individuals, law enforcement officials, and personnel within state agencies and departments and local governments to provide information to the Georgia Information Sharing and Analysis Center to report activity that may lead to domestic terrorism.
2. The guidelines and procedures listed in subsection (a) of this Code section shall be for use by law enforcement training centers monitored by the Georgia Peace Officer Standards and Training Council and monitored and funded by the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight. (Code 1981, § 35-1-21 , enacted by Ga. L. 2017, p. 536, § 5-1/HB 452.)

Effective date. - This Code section became effective July 1, 2017.

Editor's notes. - Ga. L. 2017, p. 536, § 1-1/HB 452, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Protect Georgia Act.'"

Law reviews. - For article on the 2017 enactment of this Code section, see 34 Ga. St. U.L. Rev. 17 (2017).

35-1-22. Prohibition on law enforcement retaining license plate data obtained from automated license plate recognition systems; limited use of data; public disclosure prohibited.

1. As used in this Code section, the term:
   1. "Automated license plate recognition system" means one or more high-speed cameras combined with computer algorithms used to convert images of license plates into computer readable data.
   2. "Captured license plate data" means the global positioning device coordinates, date and time, photograph, license plate number, and any other data captured by or derived from an automated license plate recognition system or any other source.
   3. "Law enforcement agency" means the Department of Public Safety, the Department of Transportation, and any other state, federal, local, public transit, school, college, or university agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, toll violation, regulatory, game, or controlled substance laws.
   4. "Law enforcement purpose" means the investigation of an offense or activity initiated by a law enforcement agency.
   5. "Person" means an individual, corporation, company, partnership, firm, association, joint venture, or any other unincorporated association or group.
2. Law enforcement agencies may collect captured license plate data. Such data shall be stored immediately upon collection and not accessed except for a law enforcement purpose. All such data collected shall be destroyed no later than 30 months after such data were originally collected unless such data are the subject matter of a toll violation or for a law enforcement purpose.
3. Law enforcement agencies may exchange or share captured license plate data with other law enforcement agencies for law enforcement purposes.
4. 1. Any person who knowingly requests, uses, obtains, or attempts to obtain captured license plate data of a law enforcement agency under false pretenses or for any purpose other than for a law enforcement purpose shall for each such offense, upon conviction thereof, be guilty of a misdemeanor of a high and aggravated nature.
   2. Nothing in this Code section shall be construed to preclude a law enforcement agency from contracting with a person to hold and maintain captured license plate data for such law enforcement agency; provided, however, that such person shall be subject to the policies of the law enforcement agency and paragraph (1) of this subsection.
5. Any law enforcement agency deploying an automated license plate recognition system shall maintain policies for the use and operation of such system, including but not limited to policies for the training of law enforcement officers in the use of captured license plate data consistent with this Code section.
6. Captured license plate data collected by a law enforcement agency shall not be subject to public disclosure pursuant to Article 4 of Chapter 18 of Title 50. (Code 1981, § 35-1-22 , enacted by Ga. L. 2018, p. 758, § 1/HB 79.)

Effective date. - This Code section became effective July 1, 2018.

35-2-1. Creation of Board of Public Safety; composition; appointment and terms of office of members.

1. There is created a Board of Public Safety which shall establish the general policy to be followed by the Department of Public Safety.
2. The board shall consist of 16 members:
   1. The following four members serve as follows:
      1. The Governor, ex officio, who shall be chairperson of the board;
      2. An appointee of the Governor who shall not be the Attorney General;
      3. The official in charge of the Department of Corrections, ex officio; and
      4. The commissioner of community supervision, ex officio.
   2. Five members shall be selected as follows:
      1. A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Sheriffs Association; the first representative shall serve an initial term ending on January 20, 1975, each subsequent term being three years;
      2. A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Association of Chiefs of Police; the first representative shall serve an initial term ending on January 20, 1974, each subsequent term being three years;
      3. A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the District Attorneys Association of Georgia; the first representative shall serve an initial term ending on January 20, 1973, each subsequent term being three years;
      4. A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia State Firemen's Association; the first representative shall serve an initial term ending on January 20, 1984, each subsequent term being for three years; and
      5. A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Association of Fire Chiefs; the first representative shall serve an initial term beginning on January 21, 2011, each term being for three years.
   3. Four members shall be selected as follows:
      1. Two members appointed by the Governor. The first appointees shall serve an initial term ending on January 20, 2002. Each subsequent term shall be for three years;
      2. One member appointed by the Lieutenant Governor. The first appointee shall serve an initial term ending on January 20, 2002. Each subsequent term shall be for three years; and
      3. One member appointed by the Speaker of the House of Representatives. The first appointee shall serve an initial term ending on January 20, 2002. Each subsequent term shall be for three years.
   4. By majority vote the board shall appoint three members from the state at large; no person so appointed shall be an officer or employee of any state or local governmental entity at the time of his or her appointment to or during his or her membership on the board. All terms of the three at-large members shall be four years. Any vacancy in the at-large membership shall be filled by the board for the unexpired term.
3. Appointments made pursuant to paragraph (2) of subsection (b) of this Code section at times when the Senate is not in session shall be effective ad interim.

   (Ga. L. 1972, p. 1015, §§ 18, 1609; Ga. L. 1981, p. 814, § 1; Ga. L. 1985, p. 283, § 1; Ga. L. 1988, p. 426, § 1; Ga. L. 1999, p. 1211, § 1; Ga. L. 2009, p. 831, § 1/HB 607; Ga. L. 2012, p. 775, § 35/HB 942; Ga. L. 2018, p. 334, § 1/HB 856.)

The 2012 amendment, effective May 1, 2012, part of an Act to revise, modernize, and correct the Code, substituted "1984, each subsequent term being" for "1984. Each subsequent term shall be" in subparagraph (b)(2)(D); and substituted "2011, each term being" for "2011. Each term shall be" in subparagraph (b)(2)(E).

The 2018 amendment, effective July 1, 2018, substituted "16" for "15" in subsection (b); substituted "four" for "three" in paragraph (b)(1); deleted "and" at the end of subparagraph (b)(1)(B); substituted "; and" for a period at the end of subparagraph (b)(1)(C); and added subparagraph (b)(1)(D).

Cross references. - Powers and duties of board with regard to Georgia Fire Academy, T. 25, C. 7.

Editor's notes. - Ga. L. 2009, p. 831, § 2/HB 607, not codified by the General Assembly, provides that the amendment to this Code section shall apply to appointments made on or after January 20, 2011.

35-2-2. Creation of Department of Public Safety.

There is created a Department of Public Safety.

(Ga. L. 1937, p. 322, art. 1, § 1; Ga. L. 1972, p. 1015, § 1601.)

35-2-3. Commissioner of public safety-Creation; appointment and removal; powers and duties; rules and regulations.

1. There is created the position of commissioner of public safety. The commissioner shall be the chief administrative officer and shall be both appointed and removed by the board with the approval of the Governor. Except as otherwise provided by law and subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department by law.
2. The commissioner shall be authorized to promulgate rules and regulations as necessary to carry out his or her official duties.

   (Ga. L. 1972, p. 1015, § 1602; Ga. L. 1996, p. 271, § 1.)

35-2-4. Commissioner of public safety - Membership in Uniform Division; reversion to original rank upon removal without prejudice from office.

The commissioner may be a member of the Uniform Division of the department and upon removal from such office without prejudice he shall revert to his original rank in the Uniform Division which he held when he was appointed to office.

(Ga. L. 1949, p. 70, § 1.)

35-2-5. Commissioner of public safety - Rank in Uniform Division; chief officer.

As prescribed by the board, the commissioner may rank as senior colonel in the Uniform Division and may be the chief officer thereof or the board may appoint a colonel in the Uniform Division as the chief officer thereof.

(Ga. L. 1937, p. 322, art. 1, § 4; Ga. L. 1949, p. 70, § 2; Ga. L. 2000, p. 951, § 12-3.)

Editor's notes. - Ga. L. 2000, p. 951, § 13-1, not codified by the General Assembly, provides that the 2000 Act which amended this Code section became effective April 28, 2000, for purposes of authorization for appointments as provided in this Code section as amended by § 12-3 of the 2000 Act.

35-2-6. Employment of temporary expert assistance.

In perfecting the organization of the department or any division thereof, the commissioner shall be authorized with approval of the board to employ and provide compensation for such expert temporary assistance as may be necessary.

(Ga. L. 1937, p. 322, art. 2, § 8.)

35-2-7. Deputy commissioner of public safety - Appointment; term of office; rank; membership in Uniform Division; duties; oath.

1. The commissioner is vested with authority to appoint a deputy commissioner of public safety, who shall have the rank of lieutenant colonel in the Uniform Division of the department.
2. The deputy commissioner may be a member of the Uniform Division of the department and upon removal from office without prejudice he shall revert to the original rank in the Uniform Division which he held when he was appointed to office.
3. His appointment shall be subject to confirmation by the board.
4. The deputy commissioner shall perform such duties as he may be charged with by the commissioner, and in case of a vacancy shall act as commissioner until an appointment is made to fill the vacancy.
5. The deputy commissioner shall take the same oath as that required of the commissioner, which oath shall be administered by the commissioner.

   (Ga. L. 1937, p. 332, art. 1, § 5; Ga. L. 1943, p. 196, § 3; Ga. L. 1949, p. 70, § 3; Ga. L. 1958, p. 296, § 2; Ga. L. 1967, p. 98, § 2; Ga. L. 1969, p. 145, § 1; Ga. L. 1972, p. 409, § 1; Ga. L. 1989, p. 1285, § 1.)

35-2-8. Comptroller - Appointment; membership in Uniform Division prohibited; bond.

The commissioner shall appoint a comptroller to ensure the proper receipt, accounting, and disbursement of funds of the department. The comptroller shall not be a member of the Uniform Division of the department. The comptroller shall give a good and sufficient surety bond in the amount of $100,000.00, payable to the Governor and his successors in office and to be approved by the commissioner, conditioned for the faithful discharge of his duties and the faithful accounting of all funds received by him.

(Ga. L. 1977, p. 228, § 2.)

35-2-9. Payment of medical and other similar expenses of members of Georgia State Patrol injured in line of duty; procedure.

The department is authorized to pay all medical, surgical, hospital, nursing, and other similar expenses incurred by any member of the Georgia State Patrol as a result of injuries received in the line of duty. The department is authorized to make such payments in addition to any award made by the State Board of Workers' Compensation based on such injuries. Such payments shall only be made upon proper presentation of bills to the comptroller of the department. The comptroller and the injured party shall together ascertain the correctness of all bills presented. No payments shall be made without the approval of the commissioner.

(Ga. L. 1953, Nov.-Dec. Sess., p. 392, § 1.)

Cross references. - Workers' compensation generally, T. 34, C. 9.

State employees' health insurance, § 45-18-1 et seq.

35-2-10. Awards to employees for outstanding service, heroism, or other exemplary acts; maximum amount of award; promulgation of rules and regulations for granting awards.

1. The department shall have the authority to make awards to employees of the department on behalf of the department or the state in recognition of outstanding service, heroism, or other exemplary acts arising out of the performance of their duties. All expenditures incurred in making such awards shall be defrayed from the department's regular operating budget and shall not exceed $100.00 per award.
2. The board shall promulgate rules and regulations in connection with the granting of the awards provided for in this Code section.

   (Ga. L. 1977, p. 246, §§ 1, 2.)

35-2-11. Commissioner authorized to provide and equip lecturers for lectures and demonstrations in public schools.

The commissioner is authorized to furnish one or more lecturers to conduct lectures and demonstrations relating to public safety in the public schools in cooperation with school authorities. The commissioner may furnish such lecturers with appropriate literature and equipment.

(Ga. L. 1937, p. 322, art. 3, § 1.)

35-2-12. Contribution to political campaigns by employees of department.

No person in the employ of the department shall, either directly or indirectly, contribute any money or any other thing of value to any person, organization, or committee for political campaign or election in county or state primaries or general elections.

(Ga. L. 1949, p. 70, § 4; Ga. L. 1956, p. 573, § 1; Ga. L. 1957, p. 103, § 1; Ga. L. 1958, p. 296, § 3; Ga. L. 1994, p. 1921, § 1.)

35-2-13. Headquarters for commissioner and deputy commissioner of public safety and divisions.

The department is authorized to provide comfortable and accessible headquarters for the commissioner and deputy commissioner of public safety and for the various divisions thereof. The department is authorized and empowered to provide such quarters and offices by purchase, lease, or construction, any contract made or title acquired to be made in the name of and on behalf of the State of Georgia.

(Ga. L. 1937, p. 322, § 10.)

35-2-14. "Peace officer" defined; enforcement of immigration and custom laws.

1. As used in this Code section, the term "peace officer" means peace officer as defined in subparagraph (A) of paragraph (8) of Code Section 35-8-2, as amended.
2. The commissioner is authorized and directed to negotiate the terms of a memorandum of understanding between the State of Georgia and the United States Department of Justice or Department of Homeland Security concerning the enforcement of federal immigration and customs laws, detention and removals, and investigations in the State of Georgia.
3. The memorandum of understanding negotiated pursuant to subsection (b) of this Code section shall be signed on behalf of the state by the commissioner and the Governor or as otherwise required by the appropriate federal agency.
4. The commissioner shall annually designate no fewer than ten peace officers to apply to be trained pursuant to the memorandum of understanding provided for in subsections (b) and (c) of this Code section. Such training shall be funded pursuant to any federal Homeland Security Appropriation Act or any subsequent source of federal funding. The provisions of this subsection shall become effective upon such funding.
5. A peace officer certified as trained in accordance with the memorandum of understanding as provided in this Code section is authorized to enforce federal immigration and customs laws while performing within the scope of his or her authorized duties. (Code 1981, § 35-2-14 , enacted by Ga. L. 2006, p. 105, § 4/SB 529; Ga. L. 2011, p. 794, § 10/HB 87.)

The 2011 amendment, effective July 1, 2011, in subsection (d), substituted "shall annually designate no fewer than ten peace officers to apply to be trained" for "shall designate appropriate peace officers to be trained" in the first sentence, and substituted "any federal Homeland Security Appropriation Act or any" for "the federal Homeland Security Appropriation Act of 2006, Public Law 109-90, or any" in the second sentence. See editor's note for applicability.

Cross references. - Registration of Immigration Assistance Act, § 43-20A-1 et seq.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2006, "customs" was substituted for "custom" near the end of subsection (b).

Editor's notes. - Ga. L. 2006, p. 105, § 1/SB 529, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Georgia Security and Immigration Compliance Act.' All requirements of this Act concerning immigration or the classification of immigration status shall be construed in conformity with federal immigration law."

The provisions of subsection (d) of this Code section become effective upon funding provided pursuant to the federal Homeland Security Appropriation Act of 2006, Public Law 109-90, or any subsequent source of federal funding. Federal funds were appropriated in 2008.

Ga. L. 2011, p. 794, § 1/HB 87, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Illegal Immigration Reform and Enforcement Act of 2011.'"

Ga. L. 2011, p. 794, § 21/HB 87, not codified by the General Assembly, provides for severability, and provides, in part, that: "(b) The terms of this Act regarding immigration shall be construed to have the meanings consistent with such terms under federal immigration law.

"(c) The provisions of this Act shall be implemented in a manner consistent with federal laws governing immigration and civil rights."

Ga. L. 2011, p. 794, § 22/HB 87, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to offenses and violations occurring on or after July 1, 2011.

Law reviews. - For article on 2006 enactment of this Code section, see 23 Ga. St. U.L. Rev. 247 (2006). For article, "The Georgia Security and Immigration Compliance Act: Comprehensive Immigration Reform in Georgia - 'Think Globally ... Act Locally'," see 13 Ga. St. B.J. 14 (2007). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 35 (2011). For article, "State Government: Illegal Immigration Reform and Enforcement Act of 2011," see 28 Ga. St. U.L. Rev. 51 (2011).

35-2-15. Off-duty use of motor vehicles and other equipment by certain law enforcement officers; conditions for use; rules and regulations.

1. 1. Certified law enforcement officers employed by the department may use a department motor vehicle while working an off-duty job if such job requires vested police powers as a condition of employment, has been approved by the commissioner, and has been determined by the commissioner to be in furtherance of the department's mission and service to the state. Department motor vehicles used for off-duty employment shall not be used at any political function.
   2. Except as otherwise provided for in this subsection, department motor vehicles shall be used only in the discharge of official duties.
   3. Any other equipment shall be used only with the express written approval of the commissioner. The commissioner shall adopt rules and regulations governing the use of equipment subject to approval of the Board of Public Safety.
2. The commissioner, in his or her sole discretion, in granting approval for such off-duty job in which a department motor vehicle is used, prior to the use of such vehicle, shall determine whether the off-duty employer provided for in subsection (a) of this Code section shall reimburse the department for use of the vehicle. When reimbursement is required, such off-duty employer shall enter into a written agreement with the department to pay an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such agreement, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; provided, however, that such compensation shall not be characterized as direct employment compensation but shall be paid as services under contract.
3. Employees of the department operating a department motor vehicle pursuant to this Code section shall be deemed to be acting within the scope of their official duties and employment within the meaning of Code Section 50-21-20 , et seq., and the commissioner of administrative services shall provide liability coverage for claims arising out of such use. The commissioner shall adopt rules and regulations governing the use of equipment subject to approval of the Board of Public Safety. (Code 1981, § 35-2-15 , enacted by Ga. L. 2016, p. 385, § 3/HB 806; Ga. L. 2017, p. 774, § 35/HB 323.)

Effective date. - This Code section became effective April 26, 2016.

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted "in the discharge" for "in discharge" in paragraph (a)(2); and substituted "a department" for "a departmental" in the first sentence of subsection (b).

35-2-30. Creation and designation.

There is created and established a division of the Department of Public Safety to be known as the Uniform Division, the members of which shall be known and designated as the "Georgia State Patrol."

(Ga. L. 1937, p. 322, art. 2, § 1.)

35-2-31. Composition.

The Uniform Division of the Department of Public Safety shall consist of:

1. The officers, noncommissioned officers, and troopers of the headquarters staff;
2. The officers, noncommissioned officers, and troopers of one battalion.

   (Ga. L. 1937, p. 322, art. 2, § 2; Ga. L. 1949, p. 70, § 4; Ga. L. 1952, p. 129, § 1; Ga. L. 1955, p. 298, § 1; Ga. L. 1956, p. 573, § 1; Ga. L. 1957, p. 103, § 1; Ga. L. 1958, p. 296, §§ 3, 4; Ga. L. 1960, p. 132, § 1; Ga. L. 1975, p. 1115, § 1.)

35-2-32. Jurisdiction; primary duty; patrolling of safety rest areas and welcome centers.

1. The Uniform Division of the department shall have jurisdiction throughout this state with such duties and powers as are prescribed by law.
2. It shall be the primary duty of the Uniform Division to patrol the public roads and highways of this state, including interstate and state maintained highways, and to safeguard the lives and property of the public; and such duty shall also include accident investigation and traffic enforcement. The Uniform Division shall prevent, detect, and investigate violations of the criminal laws of this state, any other state, or the United States which are committed upon these public roads and highways or upon property appertaining thereto and shall apprehend and arrest those persons who violate such criminal laws.
3. Without limiting the generality of any other provisions of this article, it is specifically provided that the Uniform Division shall have jurisdiction to patrol safety rest areas and welcome centers located on or adjacent to the state highway system for the purposes of:  (1)  enforcing the laws of this state relating to the use, ownership, control, licensing, and registration of motor vehicles; (2) enforcing the criminal laws of this state; and (3) enforcing the laws of this state and the regulations of the Department of Transportation with respect to the use of such safety rest areas and welcome centers.  The limitations of paragraph (5) of subsection (a) of Code Section 35-2-33 shall not apply with respect to enforcement in safety rest areas and welcome centers.

   (Ga. L. 1937, p. 322, art. 2, § 14; Ga. L. 1950, p. 77, § 1; Ga. L. 1970, p. 577, § 1; Ga. L. 1981, p. 1450, § 1; Ga. L. 1990, p. 1329, § 1.)

Cross references. - Powers and duties of Uniform Division upon and within the limits of Jekyll Island, § 12-3-236.1 .

35-2-33. Additional duties.

1. It shall be the duty of the Uniform Division:
   1. To enforce the laws of this state relating to the use, ownership, control, licensing, and registration of motor vehicles and Code Sections 32-9-4 and 40-6-54, relating to designation of restricted travel lanes;
   2. On property owned by this state or any agency thereof:
      1. To enforce the criminal laws of this state;
      2. To apprehend and arrest any person who violates the criminal laws of this state; and
      3. To serve and execute warrants;
   3. To apprehend and arrest any person who is a fugitive from justice;
   4. To suppress riots, labor strikes, or picketing, as provided by law, at the direction of the Governor on request made by the chief of police of any municipality or the sheriff of any county; and
   5. 1. To make initial inquiries into any situation which occurs off the public roads and highways and which occurs under circumstances where it has reasonable grounds to believe a criminal law has been, is being, or is about to be violated. The Uniform Division shall further have the duty to make arrests in connection with such initial inquiries.
      2. Any initial inquiry or arrest which is made pursuant to subparagraph (A) of this paragraph shall be initiated only if a local law enforcement officer is not readily available and the member of the Uniform Division reasonably believes that his failure to act could result in the commission of a criminal act or the escape of a person who has committed a criminal act. In any action taken by the Uniform Division under subparagraph (A) of this paragraph, the Uniform Division shall relinquish jurisdiction to the local law enforcement agency as soon as possible under the circumstances.
2. The Uniform Division shall cooperate with all law enforcement agencies of this state or any municipality, county, or other political subdivision thereof in enforcing the laws of this state, any other state, or the United States relating to the operation of motor vehicles. The commissioner may, and in the case of a request by the Governor shall, authorize and direct the Uniform Division to cooperate with and render assistance to any law enforcement agency of this state or any municipality, county, or other political subdivision thereof in any criminal case, in the prevention or detection of violations of any law, or in the apprehension or arrest of persons who violate the criminal laws of this state, any other state, or the United States, upon a request by the governing authority or chief law enforcement officer of any municipality, the sheriff of any county, a judge of the superior court of any county, or the Governor.
3. The commissioner may, and in the case of a request by the Governor shall, authorize and direct the Uniform Division to:
   1. Provide security protection services, or transportation or escort services, or both to coaches, players, and referees and other officials in connection with collegiate athletic events involving an institution of the University System of Georgia which offers four-year postsecondary degrees when such security protection services, or transportation or escort services, or both are necessary or appropriate to deter actual or potential threats to the safety of such individuals;
   2. Provide services which are necessary or appropriate to promote the safety of the collegiate athletic teams of such institutions of the University System of Georgia which offer four-year postsecondary degrees or the general public or both or to facilitate travel by such collegiate athletic teams or the general public or both;
   3. Allow personnel of the Uniform Division, while on duty and in uniform, to accompany collegiate athletic teams of such institutions of the University System of Georgia which offer four-year postsecondary degrees traveling to athletic events inside or outside the state and to make use of department vehicles for this purpose, provided that the department shall be reimbursed by such affected institution of the University System of Georgia for any expenses incurred by such personnel of the Uniform Division while carrying out such duties; and
   4. Allow personnel of the Uniform Division, while on duty and in uniform, to provide security at special events at any location, whether or not the event takes place on state property.
4. In no case where the Uniform Division is exercising any power or performing any duty authorized by this Code section shall it usurp any of the duties or authority of any sheriff of any county, any chief of police of any municipality, or any chief of police of any county police force.
5. The duties and powers of the Uniform Division, as provided for in this Code section, shall be in addition to any other duties or powers provided by law.

   (Ga. L. 1937, p. 322, art. 2, §§ 14, 15; Ga. L. 1950, p. 77, § 1; Ga. L. 1956, p. 495, § 1; Ga. L. 1970, p. 577, § 1; Ga. L. 1974, p. 447, § 1; Ga. L. 1978, p. 254, § 1; Ga. L. 1981, p. 1450, § 1; Ga. L. 1988, p. 1982, § 1; Ga. L. 1989, p. 14, § 35; Ga. L. 1996, p. 1507, § 1; Ga. L. 2005, p. 334, § 13A-1/HB 501.)

Cross references. - Powers and duties of Uniform Division upon and within the limits of Jeckyll Island, § 12-3-236.1 .

Registration and licensing of motor vehicles generally, T. 40, C. 2.

35-2-34. Composition of headquarters staff.

The headquarters staff shall be composed of the commissioner, deputy commissioner, and such other commissioned and noncommissioned officers, troopers, and clerical personnel as the commissioner deems necessary for use at headquarters.

(Ga. L. 1937, p. 322, art. 2, § 2; Ga. L. 1946, p. 39, § 1; Ga. L. 1952, p. 129, § 1; Ga. L. 1955, p. 298, § 1; Ga. L. 1956, p. 573, § 1; Ga. L. 1957, p. 103, § 1; Ga. L. 1958, p. 296, § 3; Ga. L. 1960, p. 132, § 1; Ga. L. 1975, p. 1115, § 1; Ga. L. 1977, p. 228, § 1.)

Cross references. - Composition of the battalion, § 35-2-36 .

35-2-35. Performance of clerical duties by headquarters staff; transfer of members of headquarters staff by commissioner.

The clerical duties at headquarters shall be performed by the headquarters staff. The commissioner, in his discretion, may transfer any member of the headquarters staff to any other division or district for any other duty.

(Ga. L. 1937, p. 322, art. 2, § 2; Ga. L. 1946, p. 39, § 1; Ga. L. 1952, p. 129, § 1; Ga. L. 1955, p. 298, § 1; Ga. L. 1956, p. 573, § 1; Ga. L. 1957, p. 103, § 1; Ga. L. 1958, p. 296, § 3; Ga. L. 1960, p. 132, § 1; Ga. L. 1975, p. 1115, § 1; Ga. L. 1977, p. 228, § 1.)

35-2-36. Composition of battalion; rank of battalion personnel; employment of recruits or cadets by commissioner; promulgation of rules and regulations as to enlistment and training of recruits or cadets.

1. The battalion of the Uniform Division shall consist of such personnel as the commissioner, with the approval of the board, may deem necessary within the limits set by available appropriations.
2. The personnel of the battalion shall be ranked according to a semimilitary structure with such ranks as the board shall deem appropriate, including, but not restricted to, the following:
   1. Major;
   2. Captain;
   3. First lieutenant;
   4. Sergeant first class;
   5. Sergeant;
   6. Corporal;
   7. Trooper first class;
   8. Trooper;
   9. Trooper cadets; and
   10. Process servers.
3. Within the limits set by available appropriations, the commissioner, with the approval of the board, is authorized to employ such recruits or cadets as may be deemed necessary, who may become members of the Uniform Division but who shall not be members of the Uniform Division so long as they remain recruits or cadets; provided, however, that such recruits or cadets are designated as "peace officers" as such term is defined in paragraph (11) of Code Section 16-1-3 and shall have the authority of a peace officer.
4. The commissioner shall prescribe rules and regulations governing the enlistment and training of recruits or cadets subject to the approval of the board.

   (Ga. L. 1937, p. 322, art. 2, § 2; Ga. L. 1939, p. 135, § 2; Ga. L. 1946, p. 39, § 2; Ga. L. 1947, p. 1159, § 2; Ga. L. 1949, p. 70, § 4; Ga. L. 1951, p. 635, §§ 1, 1A; Ga. L. 1952, p. 129, § 1; Ga. L. 1955, p. 298, § 1; Ga. L. 1956, p. 573, § 1; Ga. L. 1957, p. 103, § 1; Ga. L. 1958, p. 296, §§ 3, 4; Ga. L. 1960, p. 132, § 1; Ga. L. 1965, p. 125, § 1; Ga. L. 1967, p. 84, § 1; Ga. L. 1969, p. 147, § 1; Ga. L. 1970, p. 117, § 1; Ga. L. 1971, p. 306, § 1; Ga. L. 1971, p. 309, § 1; Ga. L. 1972, p. 354, § 2; Ga. L. 1973, p. 449, §§ 1, 2; Ga. L. 1974, p. 1007, § 1; Ga. L. 1974, p. 1122, § 1; Ga. L. 1975, p. 1115, § 1; Ga. L. 1977, p. 228, § 2; Ga. L. 1982, p. 3, § 35; Ga. L. 1986, p. 452, § 1; Ga. L. 1988, p. 312, § 1; Ga. L. 1992, p. 3131, § 2.)

35-2-36.1. Auxiliary Service of the Uniform Division; appointment of members; salary; authority and powers; equipment; eligibility.

1. There is created within the Uniform Division, a special service known as the Auxiliary Service. The members of the Auxiliary Service of the Uniform Division shall be appointed by the commissioner on a part-time basis and shall serve at the pleasure of the commissioner. The members shall have such rank as assigned by the commissioner. The members of the Auxiliary Service shall be paid on an hourly basis and, with the exception of workers' compensation medical coverage and any benefits mandated by federal law, shall not be entitled to any employee benefits based on their employment in the Auxiliary Service.
2. Members of the Auxiliary Service shall have the same authority and powers as other members of the Uniform Division.
3. The commissioner is authorized to furnish the members of the Auxiliary Service with such equipment, uniforms, and badges as the commissioner deems necessary for the duties of such members.
4. No person shall be eligible for appointment in the Auxiliary Service unless that person has, prior to such appointment, successfully completed trooper school, served in the Uniform Division, and voluntarily left the Uniform Division in good standing through retirement, resignation, or otherwise. Persons appointed to the Auxiliary Service must complete the annual training required under Code Section 35-8-21 for certified law enforcement officers, provided that such persons may serve up to six months without having such training. The Department of Public Safety is authorized to provide or to pay for such training in the same fashion that it provides or pays for such training for members of the Uniform Division. (Code 1981, § 35-2-36.1 , enacted by Ga. L. 1996, p. 1507, § 2.)

35-2-37. Employment of communications officers to support battalion generally.

To support the battalion, the commissioner, with the approval of the board, is authorized to employ such communications officers as may be necessary, within the limits set by available appropriations. Such personnel shall not be considered members of the Uniform Division. Communications officers may be divided into such ranks or categories as the commissioner, with the approval of the board, deems appropriate.

(Ga. L. 1937, p. 322, art. 2, § 2; Ga. L. 1939, p. 135, § 2; Ga. L. 1946, p. 39, § 2; Ga. L. 1947, p. 1159, § 2; Ga. L. 1949, p. 70, § 4; Ga. L. 1951, p. 635, §§ 1, 1A; Ga. L. 1952, p. 129, § 1; Ga. L. 1955, p. 298, § 1; Ga. L. 1956, p. 573, § 1; Ga. L. 1957, p. 103, § 1; Ga. L. 1958, p. 296, §§ 3, 4; Ga. L. 1960, p. 132, § 1; Ga. L. 1965, p. 125, § 1; Ga. L. 1967, p. 84, § 1; Ga. L. 1969, p. 147, § 1; Ga. L. 1970, p. 117, § 1; Ga. L. 1971, p. 306, § 1; Ga. L. 1971, p. 309, § 1; Ga. L. 1972, p. 354, § 2; Ga. L. 1973, p. 449, §§ 1, 2; Ga. L. 1974, p. 1007, § 1; Ga. L. 1974, p. 1122, § 1; Ga. L. 1975, p. 1115, § 1; Ga. L. 1977, p. 228, § 2; Ga. L. 2000, p. 951, § 12-4.)

35-2-38. Division of state into districts or divisions by commissioner.

The commissioner, with the approval of the board, is authorized to divide the state into districts or divisions as may be necessary for the purpose of effectually patrolling the public roads and highways of the state and of the counties thereof and for combating, detecting, and preventing crime.

(Ga. L. 1937, p. 322, art. 2, § 11; Ga. L. 1946, p. 39, § 3.)

35-2-39. Provision of barracks and quarters for officers and troopers of Uniform Division.

The commissioner is authorized, with the approval of the board, to provide comfortable barracks and quarters for the officers and troopers of the Uniform Division.

(Ga. L. 1937, p. 322, art. 2, § 11; Ga. L. 1946, p. 39, § 3.)

35-2-40. Purchase, lease, or construction of barracks and equipment for districts or divisions; acceptance of property, equipment, or services.

In the event any district or division headquarters is established by the commissioner, he shall be authorized, with the approval of the board, to purchase, lease, or construct proper quarters or barracks for the men and equipment at such district or division, and to this end may contract with municipalities, persons, or corporations in the name of the state. Subject to the provisions of Code Section 50-16-38 and Code Section 35-2-41.1, the board is authorized to accept in the name and on behalf of the state any property, equipment, or service that may be donated for use at headquarters or any division or district thereof which may be of value to any division of the department.

(Ga. L. 1937, p. 322, art. 2, § 12; Ga. L. 1985, p. 486, § 1.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1985, in the second sentence "35-2-41.1" was substituted for "35-2-40.1".

35-2-41. Municipality and county purchase or conveyance of property for use as division or district headquarters; effect if property has reversionary clause; approval of contracts.

Subject to the provisions of Code Section 35-2-41.1, any municipality or county of this state is authorized to purchase and convey property by deed, gift, rent, or lease for the use of the department for division or district headquarters. If the deed from the municipality or county to the property to be used for such headquarters contains a reversionary clause to the effect that the property shall revert to the municipality or county in the event it ceases to be used for the headquarters, the commissioner shall not be authorized to enter into any contract or agreement relative to the construction of quarters, barracks, or other facilities for such headquarters which shall, in any manner whatsoever, obligate the department to pay for more than one-half the costs of construction of the quarters, barracks, or other facilities. Any such contract or agreement must be approved by the board.

(Ga. L. 1937, p. 322, art. 2, § 12; Ga. L. 1964, p. 144, § 1; Ga. L. 1985, p. 486, § 2.)

35-2-41.1. Donation or conveyance of property, equipment, or services to the department; procedure.

1. Any offer to donate or convey by deed, gift, rent, lease, or other means any property, equipment, or services to the department shall be made in writing through command channels to the commissioner. If the commissioner approves the offer, he or she shall submit a written proposal of the offer to the board for its approval. A copy of the formal proposal shall be forwarded by the commissioner to the Office of Planning and Budget, the Senate Budget and Evaluation Office, and the House Budget and Research Office, any of which may comment on the proposal.
2. Title to real property shall be in the State of Georgia for the use of the Department of Public Safety. No member of the department shall be authorized to accept any donation or conveyance of property, equipment, or services unless the provisions of this Code section have been complied with and until the board has approved the donation or conveyance. (Code 1981, § 35-2-41.1 , enacted by Ga. L. 1985, p. 486, § 3; Ga. L. 2008, p. VO1, § 1-16/HB 529; Ga. L. 2014, p. 866, § 35/SB 340.)

The 2014 amendment, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, substituted "Senate Budget and Evaluation Office" for "Senate Budget Office" and substituted "House Budget and Research Office" for "House Budget Office" in the last sentence of subsection (a).

Editor's notes. - Ga. L. 2008, p. VO1, which amended this Code section, was passed by the General Assembly as HB 529 at the 2007 regular session but vetoed by the Governor on May 30, 2007. The General Assembly overrode that veto on January 28, 2008, and the Act became effective on that date.

35-2-42. Compensation of members of Uniform Division, communications officers, recruits, and cadets; subsistence and per diem allowances; receipt of badge and duty weapon upon retirement; incentive pay.

1. All members of the Uniform Division, all communications officers, and all recruits or cadets shall be governed by rules and regulations as now or hereafter established under Chapter 20 of Title 45.
2. The board shall be authorized to provide for a subsistence and per diem allowance for commissioned officers, noncommissioned officers, and troopers of the Uniform Division.
3. The board shall be authorized to pay to sworn members of the Department of Public Safety additional compensation to be paid upon retirement in the form of the badge and the duty weapon issued by the department to such member.
4. The board shall be authorized to grant incentive pay to those members of the Uniform Division of the Department of Public Safety and those members of the Georgia Bureau of Investigation who have obtained degrees or certificates from an accredited member of the Federation of Regional Accrediting Commissions of Higher Education or who have obtained a degree or certificate of completion from some other educational institution with respect to a course of instruction related to law enforcement, so long as both the course of instruction and the institution are specifically approved by the board. Any such incentive pay shall be paid according to the following schedule:
   1. Completion of at least one year of degree-creditable college study consisting of the equivalent of 30 semester hours or 45 quarter hours of education: $200.00 per year;
   2. Obtaining of associate or two-year degree or certificate of completion of 60 semester hours or 90 quarter hours of education: $400.00 per year;
   3. Obtaining of a bachelor's or four-year degree: $800.00 per year.
5. This Code section is not intended to repeal existing law concerning the following:
   1. The authority of the board to pay certain medical expenses incurred by any member of the Georgia State Patrol or the Georgia Bureau of Investigation;
   2. The authority of the commissioner to provide uniforms and supplies to members of the Uniform Division;
   3. The requirement that board and quarters be furnished to every member of the Uniform Division on active duty; or
   4. The authorization for officers and troopers to receive a legal award offered for the apprehension of any criminal.

      (Ga. L. 1937, p. 322, art. 2, § 2; Ga. L. 1939, p. 135, § 2; Ga. L. 1946, p. 39, § 2; Ga. L. 1947, p. 1159, § 2; Ga. L. 1949, p. 70, § 4; Ga. L. 1951, p. 635, §§ 1, 1A; Ga. L. 1952, p. 129, § 1; Ga. L. 1955, p. 298, § 1; Ga. L. 1956, p. 573, § 1; Ga. L. 1957, p. 103, § 1; Ga. L. 1958, p. 296, §§ 3, 4; Ga. L. 1960, p. 132, § 1; Ga. L. 1965, p. 125, § 1; Ga. L. 1967, p. 84, § 1; Ga. L. 1969, p. 147, § 1; Ga. L. 1970, p. 117, § 1; Ga. L. 1971, p. 306, § 1; Ga. L. 1971, p. 309, § 1; Ga. L. 1972, p. 354, § 2; Ga. L. 1973, p. 449, §§ 1, 2; Ga. L. 1974, p. 1007, § 1; Ga. L. 1974, p. 1122, § 1; Ga. L. 1975, p. 1115, §§ 1, 2; Ga. L. 1977, p. 228, § 2; Ga. L. 1982, p. 3, § 35; Ga. L. 1987, p. 3, § 35; Ga. L. 1992, p. 3131, § 3; Ga. L. 2000, p. 951, § 12-5; Ga. L. 2006, p. 1050, § 1/SB 520.)

35-2-43. Eligibility for appointment to or enlistment in Uniform Division; appointment or reappointment of discharged members of National Guard, armed forces of the United States, and law enforcement agencies.

Reserved. Repealed by Ga. L. 1998, p. 852, § 1, effective April 10, 1998.

Editor's notes. - This Code section was based on Ga. L. 1937, p. 322, art. 2, § 3; Ga. L. 1945, p. 117, § 1; Ga. L. 1949, p. 70, § 5; Ga. L. 1976, p. 524, § 1; Ga. L. 1984, p. 895, § 1; Ga. L. 1990, p. 283, § 1; Ga. L. 1991, p. 1375, § 1; Ga. L. 1996, p. 271, § 2.

35-2-44. Enlistment, examination, preliminary training, subsequent instruction, and rules and regulations for discipline and conduct of recruits and troopers of Uniform Division.

It shall be the duty of the commissioner, subject to the laws of this state, to arrange for the enlistment and examination of applicants for service as troopers or officers of the Uniform Division of the Department of Public Safety, to provide the necessary preliminary training and subsequent instruction of troopers and recruits as peace officers of this state, and to make all necessary rules and regulations for the discipline, conduct, and control of all officers, troopers, and other employees of the department.

(Ga. L. 1937, p. 322, art. 2, § 8.)

35-2-45. Promotions of personnel in Uniform Division.

1. Any trooper first class of the Uniform Division of the Department of Public Safety shall be eligible for promotion to the rank of corporal, provided he has served a period of 12 months in the Georgia State Patrol including the period of probation.
2. Any noncommissioned or commissioned officer shall be eligible for promotion to a higher rank, provided he has served at least one year in the preceding rank.
3. Promotions to ranks of corporal through lieutenant shall be made in accordance with the Georgia State Patrol Promotion System.

   (Ga. L. 1937, p. 322, art. 2, § 4; Ga. L. 1939, p. 135, § 4; Ga. L. 1949, p. 70, § 6; Ga. L. 1975, p. 1115, § 2; Ga. L. 1987, p. 3, § 35; Ga. L. 1992, p. 3131, § 4.)

35-2-46. Dismissal of officers, troopers, and communications officers.

All officers, troopers, and communications officers who are in the classified service as defined by Code Section 45-20-2 may be dismissed from their employment with the department only in accordance with Chapter 20 of Title 45 and the rules and regulations promulgated thereunder.

(Ga. L. 1937, p. 322, art. 2, § 5; Ga. L. 1949, p. 70, § 7; Ga. L. 1976, p. 465, § 1; Ga. L. 1992, p. 3131, § 5; Ga. L. 1997, p. 880, § 1; Ga. L. 2000, p. 951, § 12-6; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-47/HB 642.)

The 2012 amendment, effective July 1, 2012, substituted "as defined by Code Section 45-20-2" for "of the State Personnel Administration" near the middle of this Code section.

Editor's notes. - Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

35-2-47. Suspension pending dismissal.

All officers, troopers, and communications officers who are in the classified service as defined by Code Section 45-20-2 may be suspended pending their dismissal from employment with the department as provided in Chapter 20 of Title 45 or the rules and regulations promulgated thereunder.

(Ga. L. 1937, p. 322, art. 2, § 5; Ga. L. 1949, p. 70, § 7; Ga. L. 1976, p. 465, § 1; Ga. L. 1992, p. 3131, § 6; Ga. L. 1997, p. 880, § 2; Ga. L. 2000, p. 951, § 12-6; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-48/HB 642.)

The 2012 amendment, effective July 1, 2012, substituted "as defined by Code Section 45-20-2" for "of the State Personnel Administration" in this Code section.

Editor's notes. - Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

35-2-48. State Patrol Disciplinary Board; composition; appointment and terms of members; conduct of hearings by board; recommendation to commissioner; finality of commissioner's decision.

Reserved. Repealed by Ga. L. 1992, p. 3131, § 7, effective July 1, 1992.

Editor's notes. - This Code section was based on Ga. L. 1937, p. 322, art. 2, § 5; Ga. L. 1949, p. 70, § 7; Ga. L. 1976, p. 465, § 1; Ga. L. 1981 Ex. Sess., p. 8; Ga. L. 1982, p. 3, § 35; Ga. L. 1986, p. 193, § 1; Ga. L. 1987, p. 3, § 35; Ga. L. 1991, p. 1375, § 2 and Ga. L. 1992, p. 6, § 35.

Ga. L. 2000, p. 951, § 12-6, reserved this Code section.

35-2-49. Provision of uniforms and equipment to sworn members of the Department of Public Safety and radio operators; retention of weapons and badges upon retirement.

The commissioner shall, within the limit of the appropriation, provide the sworn members of the Department of Public Safety with proper uniforms, suitable to the season, and also with emergency and first-aid outfits, weapons, motor vehicles with radio equipment, and all other necessary supplies and equipment for the purpose of carrying out this article, the same to remain the property of the state; provided, however, that after a sworn member has accumulated 15 years of service with the Department of Public Safety, including prior service with the Department of Driver Services (formerly known as the Department of Motor Vehicle Safety), Public Service Commission, Department of Transportation, or Georgia Building Authority, upon leaving the department under honorable conditions, or upon leaving the department as a result of a disability arising in the line of duty regardless of the number of years of service, such member shall be entitled, as part of his or her compensation, to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner. The commissioner shall also, within the limit of the appropriation, provide proper uniforms and equipment to radio operators. After a radio operator has accumulated 15 years of service with the department, including prior service with the Department of Driver Services (formerly known as the Department of Motor Vehicle Safety), Public Service Commission, Department of Transportation, or Georgia Building Authority, upon leaving the department under honorable conditions, such radio operator shall be entitled, as part of his or her compensation, to retain his or her badge pursuant to regulations promulgated by the commissioner.

(Ga. L. 1937, p. 322, art. 2, § 9; Ga. L. 1949, p. 70, § 8; Ga. L. 1975, p. 1175, § 7; Ga. L. 1979, p. 1072, § 1; Ga. L. 1996, p. 271, § 3; Ga. L. 2000, p. 951, § 12-6; Ga. L. 2006, p. 1050, § 2/SB 520; Ga. L. 2012, p. 775, § 35/HB 942.)

The 2012 amendment, effective May 1, 2012, part of an Act to revise, modernize, and correct the Code, substituted "Department of Driver Services (formerly known as the Department of Motor Vehicle Safety), Public Service Commission, Department of Transportation" for "Department of Motor Vehicle Safety, Georgia Public Service Commission, Georgia Department of Transportation", and substituted "Department of Driver Services (formerly known as the Department of Motor Vehicle Safety), Public Service Commission, Department of Transportation" for "Georgia Department of Motor Vehicle Safety, Georgia Public Service Commission, Georgia Department of Transportation" in this Code section.

35-2-49.1. Retention of badge and weapon by disabled law enforcement officer.

1. As used in this Code section, the term "disability" means a disability that prevents an individual from working as a law enforcement officer.
2. When a member of the Uniform Division of the Department of Public Safety leaves the Uniform Division as a result of a disability arising in the line of duty, such member of the Uniform Division shall be entitled as part of such officer's compensation to retain his or her weapon and badge in accordance with regulations promulgated by the commissioner. (Code 1981, § 35-2-49.1 , enacted by Ga. L. 2004, p. 1058, § 3; Ga. L. 2005, p. 60, § 35/HB 95.)

35-2-50. Purchasing of uniforms, supplies, and equipment.

1. The uniforms, supplies, and equipment authorized by Code Section 35-2-49 shall be purchased by the Department of Administrative Services, with the consent and approval of the Department of Public Safety, by bid let to the lowest and best bidder and in accordance with specifications named in the advertisement of bid.
2. The advertisement of the letting of contracts for the purchase of uniforms, supplies, or equipment shall be published in at least two issues of some public journal of the state published daily and having a state-wide circulation for not less than 15 days before the time bids for the contracts are opened. The Department of Administrative Services shall have the right to reject any and all bids.

   (Ga. L. 1937, p. 322, art. 2, § 9; Ga. L. 1949, p. 70, § 8; Ga. L. 1979, p. 1072, § 1.)

35-2-51. Storeroom for excess clothing, equipment, and other articles; disposition of old and worn equipment.

1. The commissioner shall provide a storeroom or rooms where all excess supplies of clothing, equipment, and other articles shall be stored and shall insure the same against loss by fire.
2. All old and worn equipment must be delivered to the custodian or custodians of such storeroom or rooms, who need not be members of the Uniform Division of the Department of Public Safety nor subject to age limitations, to be properly receipted before new equipment shall be issued.

   (Ga. L. 1937, p. 322, art. 2, § 9; Ga. L. 1949, p. 70, § 8.)

35-2-52. Clothing allowance for members of Uniform Division assigned permanently to personal security or special duty assignments.

The commissioner, at his discretion and subject to available funds, shall be authorized to pay to members of the Uniform Division a clothing allowance when the members are permanently assigned to personal security or special duty assignments which necessitate those members wearing clothing other than the uniform of the Uniform Division. The commissioner, subject to the approval of the Board of Public Safety, shall establish the amount of clothing allowance to be paid each year.

(Ga. L. 1937, p. 322, art. 2, § 9; Ga. L. 1949, p. 70, § 8; Ga. L. 1975, p. 1175, § 7; Ga. L. 1979, p. 1072, § 1; Ga. L. 1986, p. 452, § 2.)

35-2-53. Members of Uniform Division to receive no costs or emoluments; exception for rewards; payment and distribution of fines and costs.

No member of the Uniform Division of the Department of Public Safety shall receive any costs, emoluments, or other compensation other than his salary and any additional compensation provided by or through federal funding to which he may be entitled, except a legal reward as otherwise stated in this article. All fines and costs shall be paid into the treasury of the tribunal having jurisdiction of the offense and distributed according to law.

(Ga. L. 1937, p. 322, art. 2, §§ 6, 15; Ga. L. 1973, p. 449, § 3.)

35-2-54. Purchase of group insurance.

1. The commissioner, with the approval of the board, is authorized to purchase group life, group accident, and group hospitalization insurance contracts, policies, or certificates issued to the members of the Uniform Division, provided that such contracts of insurance shall be approved by the board as to the amount of insurance, amount of premiums, and company issuing or writing them; provided, further, that the premiums for such contracts, policies, or certificates of insurance shall be paid by the members of the Uniform Division desiring to participate therein; and this purchase shall be in no way considered as incurring a liability on the part of the state to pay for such insurance.
2. The contracts, policies, or certificates of insurance, as provided for in subsection (a) of this Code section, may be made payable to the beneficiary designated by the member of the Uniform Division to whom the contracts, policies, or certificates are issued.

   (Ga. L. 1941, p. 277, § 1; Ga. L. 1987, p. 3, § 35.)

Cross references. - Indemnification of law enforcement officers killed or permanently disabled in the line of duty, Ga. Const. 1983, Art. III, Sec. VI, Para. VI.

Insuring and indemnification of public officers and employees, T. 45, C. 9.

State Employees' Health Insurance Plan, T. 45, C. 18, A. 1.

35-2-55. Compensatory time off for members of Uniform Division working on state holiday.

The commissioner is authorized and directed to arrange the work schedules of members of the Uniform Division in such a manner that each member shall be given compensatory time off for each day which he is required to work and which is also a legal state holiday. Such compensatory time off shall be given within 90 days of the holiday involved, except where the day of compensatory time off coincides with an emergency situation, in which case the granting of compensatory time off shall be postponed until such time as the emergency no longer exists.

(Ga. L. 1970, p. 849.)

35-2-56. Use of motor vehicles or other equipment by members of Uniform Division.

Reserved. Repealed by Ga. L. 2016, p. 385, § 4/HB 806, effective April 26, 2016.

Editor's notes. - This Code section was based on Ga. L. 1937, p. 322, art. 2, § 13; Ga. L. 1952, p. 3, § 1; Ga. L. 1992, p. 1310, § 1; Ga. L. 1999, p. 560, § 1.

35-2-57. Use of retired unmarked pursuit cars for training.

When an unmarked pursuit vehicle used by the Georgia State Patrol for the purpose of enforcing the traffic laws of this state is first removed from the field and will no longer be used on a regular basis for pursuit purposes, the commissioner of public safety is authorized, in his or her discretion, to make such pursuit vehicle available to the Georgia Public Safety Training Center for the purpose of training public safety officers pursuant to Chapter 5 of this title. Such vehicles may also be sold or traded pursuant to Code Section 35-2-58. Upon notification by the commissioner, the administrator of the Georgia Public Safety Training Center shall be authorized to take immediate possession of any such pursuit vehicle.

(Code 1981, § 35-2-57 , enacted by Ga. L. 1987, p. 317, § 1; Ga. L. 2012, p. 1, § 1/HB 253.)

The 2012 amendment, effective January 24, 2012, in this Code section, substituted "public safety is authorized, in his or her discretion, to make such pursuit vehicle available to the Georgia Public Safety Training Center" for "public safety shall notify the administrator of the Georgia Public Safety Training Center and shall make such pursuit vehicle available to such center" in the first sentence, and added the second sentence.

Cross references. - Georgia Public Safety Training Center, T. 35, C. 5.

Editor's notes. - Ga. L. 1986, p. 1059, § 3, effective April 7, 1986, repealed the Code section formerly codified as Code Section 35-2-57. The former Code section was based on Ga. L. 1937, p. 322, art. 2, § 1 and Ga. L. 1960, p. 247, § 1. For current provisions regarding falsely holding oneself out to be a peace officer or other public officer or employee, see Code Section 16-10-23.

35-2-58. Approval by board to sell or trade surplus motor vehicles towards purchase of new motor vehicles.

1. Any other provision of law notwithstanding, the commissioner, subject to approval by the board, shall have the power to sell or trade surplus motor vehicles no longer needed by the department and use the proceeds from the sale or trade toward the purchase of new motor vehicles by the department.
2. Subject to approval by the board, available funds, and Article 3 of Chapter 5 of Title 50, the commissioner is authorized, in his or her discretion, to purchase new motor vehicles for use by the department.
3. The board shall promulgate rules and regulations to implement the provisions of this Code section. The disposition of motor vehicles by the department shall not be subject to Article 4 of Chapter 5 of Title 50 or subject to the procedures or approval of any other state agency. (Code 1981, § 35-2-58 , enacted by Ga. L. 2012, p. 1, § 2/HB 253.)

Effective date. - This Code section became effective January 24, 2012.

35-2-70. Establishment.

The commissioner is authorized, with the approval of the board, to establish a Security Guard Division within the department.

(Ga. L. 1968, p. 475, § 1.)

35-2-71. Powers and duties of security guards.

1. While in the performance of their duties, such security guards shall have the same powers of arrest and the same powers to enforce law and order as the sheriff of the county and the chief of police of the municipality in this state in which any such security guards are performing their duties.
2. While in the performance of their duties, such security guards shall also be authorized to exercise such powers and duties as are authorized by law for members of the Uniform Division of the department.

   (Ga. L. 1968, p. 475, § 4; Ga. L. 1987, p. 3, § 35.)

35-2-72. Compensation, uniforms, and equipment of security guards.

All persons employed as security guards shall be compensated in an amount to be prescribed by the commissioner and shall be furnished with and shall wear such distinctive uniforms and equipment as may be prescribed by the commissioner.

(Ga. L. 1968, p. 475, § 3.)

35-2-73. Security guards for protection of Governor, Lieutenant Governor, Speaker of the House, and their families and executive department; transportation of family members at state expense.

1. The commissioner shall be authorized to employ such number of security guards as may be necessary to keep watch over and protect the Governor and members of his immediate family, the Lieutenant Governor and members of his immediate family, the Speaker of the House of Representatives and members of his immediate family, the executive department at the state capitol or at any other place as the executive department may be moved, the executive center or other residence of the Governor, the residences and offices of the Lieutenant Governor and the Speaker of the House of Representatives, and such other state property and individuals as may be directed by the Governor.
2. Members of the Governor's family, the Lieutenant Governor's family, and the Speaker's family for whom protection is provided by the Security Guard Division, when traveling with the Governor, the Lieutenant Governor, or the Speaker, as the case may be, when traveling on state related business at the request of the Governor, the Lieutenant Governor, or the Speaker, as the case may be, or when in the judgment of the commissioner security considerations so dictate, may be transported by means of state owned transportation facilities, when appropriate, or at state expense by private carrier, when the use of such state owned facilities are not practical or appropriate.

   (Ga. L. 1968, p. 475, § 1; Ga. L. 1979, p. 143, § 2; Ga. L. 1981, p. 684, § 1; Ga. L. 1982, p. 3, § 35; Ga. L. 1987, p. 3, § 35; Ga. L. 1992, p. 6, § 35.)

35-2-74. Governor to prescribe coverage by State Personnel Board.

1. The Governor is authorized, in his discretion, to direct by executive order that the employees of the Security Guard Division shall be covered by the rules of the State Personnel Board and in such order shall specify the date on which the rules shall become applicable to such personnel.
2. The application of the rules of the State Personnel Board to employees of the Security Guard Division shall not affect any other personnel of the Department of Public Safety.

   (Ga. L. 1968, p. 475, § 6; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-49/HB 642.)

The 2012 amendment, effective July 1, 2012, substituted "rules of the State Personnel Board" for "State Personnel Administration" in subsections (a) and (b); and substituted "rules" for "system" in subsection (a).

Cross references. - State Personnel Board generally, § 45-20-1 et seq.

Editor's notes. - Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

35-2-75. Adoption of rules, regulations, and orders by board.

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

(Ga. L. 1968, p. 475, § 5.)

35-2-80. Short title.

This article shall be known and may be cited as the "Department of Public Safety Nomenclature Act of 1995."

(Code 1981, § 35-2-80 , enacted by Ga. L. 1995, p. 925, § 2.)

35-2-81. Definitions.

As used in this article, the term:

1. "Badge" means any official badge used by members of the Department of Public Safety, either in the past or currently.
2. "Commissioner" means the commissioner of public safety.
3. "Department" means the Department of Public Safety.
4. "Emblem" means any official patch or other emblem worn currently or formerly or used by the department to identify the department or its employees.
5. "Person" means any person, corporation, organization, or political subdivision of the State of Georgia.
6. "Willful violator" means any person who knowingly violates the provisions of this article. Any person who violates this article after being advised in writing by the commissioner that such person's activity is in violation of this article shall be considered a willful violator and shall be considered in willful violation of this article. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and in willful violation of this article unless, upon learning of the violation, he or she immediately terminates the agency or other relationship with such violator. (Code 1981, § 35-2-81 , enacted by Ga. L. 1995, p. 925, § 2.)

35-2-82. Permission required for use of department nomenclature.

Whoever, except with the written permission of the commissioner, knowingly uses the words "Georgia Department of Public Safety," "State Patrol," "State Police," "State Highway Patrol," "State Trooper," or "State Patrolman" in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production is approved, endorsed, or authorized by or associated with the department shall be in violation of this article.

(Code 1981, § 35-2-82 , enacted by Ga. L. 1995, p. 925, § 2.)

35-2-83. Permission required for use of department symbols.

Any person who uses or displays any symbol, including any emblem, seal, or badge, current or historical, used by the department without written permission from the commissioner shall be in violation of this article.

(Code 1981, § 35-2-83 , enacted by Ga. L. 1995, p. 925, § 2.)

35-2-84. Procedure for seeking permission to use department nomenclature or symbols.

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

(Code 1981, § 35-2-84 , enacted by Ga. L. 1995, p. 925, § 2.)

35-2-85. Injunctions against violations.

Whenever there shall be an actual or threatened violation of Code Section 35-2-82 or 35-2-83, the commissioner shall have the right to apply to the Superior Court of Fulton County or to the superior court of the county of residence of the violator for an injunction to restrain the violation.

(Code 1981, § 35-2-85 , enacted by Ga. L. 1995, p. 925, § 2.)

35-2-86. Civil penalties.

In addition to any other relief or sanction for a violation of Code Section 35-2-82 or 35-2-83, where the violation is willful, the commissioner shall be entitled to collect a civil penalty in the amount of $500.00 for each violation. Further, when there is a finding of willful violation, the commissioner shall be entitled to recover reasonable attorney's fees for bringing any action against the violator. The commissioner shall be entitled to seek civil sanctions in the Superior Court of Fulton County or in the county of residence of the violator.

(Code 1981, § 35-2-86 , enacted by Ga. L. 1995, p. 925, § 2.)

35-2-87. Damage suits against violators.

Any person who has given money or any other item of value to another person due in part to such person's use of department nomenclature or symbols in violation of this article may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees.

(Code 1981, § 35-2-87 , enacted by Ga. L. 1995, p. 925, § 2.)

35-2-88. Criminal penalties.

Any person who violates the provisions of this article shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 nor more than $5,000.00 or to imprisonment for not less than one and not more than five years, or both. Each violation shall constitute a separate offense.

(Code 1981, § 35-2-88 , enacted by Ga. L. 1995, p. 925, § 2.)

35-2-100. Creation; members designated as law enforcement officers.

There shall be created and established a division of the Department of Public Safety to be known as the Motor Carrier Compliance Division, and within the division shall be created a section to be known as the Motor Carrier Compliance Enforcement Section. Except as provided in Code Section 35-2-102, the members of the Motor Carrier Compliance Enforcement Section shall be known and designated as "law enforcement officers."

(Code 1981, § 35-2-100 , enacted by Ga. L. 2005, p. 334, § 13A-2/HB 501; Ga. L. 2009, p. 122, § 1/HB 343; Ga. L. 2012, p. 580, § 7/HB 865.)

The 2012 amendment, effective July 1, 2012, in the first sentence, substituted "shall be" for "is" and added ", and within the division shall be created a section to be known as the Motor Carrier Compliance Enforcement Section" at the end; and substituted "Enforcement Section" for "Division" in the middle of the second sentence.

35-2-101. Jurisdiction; duties and powers; use of dogs to detect controlled substances.

1. The Motor Carrier Compliance Enforcement Section of the department shall have jurisdiction throughout this state with such duties and powers as are prescribed by law.
2. The primary duties of the Motor Carrier Compliance Enforcement Section shall be as follows:
   1. Enforcement of laws and regulations relating to the size and the weights of motor vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of Title 32;
   2. Enforcement of laws and regulations relating to licensing and fuel tax registration requirements and the reporting of violations thereof to the Department of Revenue;
   3. Enforcement of safety standards for motor vehicles and motor vehicle components;
   4. Enforcement of laws relating to hazardous materials carriers;
   5. Enforcement of all state laws on the following properties owned or controlled by the Department of Transportation or the State Road and Tollway Authority: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, toll facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto;
   6. Enforcement of Code Section 16-10-24, relating to obstructing or hindering law enforcement officers;
   7. Directing and controlling traffic on any public road which is part of the state highway system but only in areas where maintenance and construction activities are being performed and at scenes of accidents and emergencies until local police officers or Georgia State Patrol officers arrive and have the situation under control;
   8. Enforcement of Code Sections 32-9-4 and 40-6-54, relating to designation of restricted travel lanes;
   9. Enforcement of Code Section 16-11-43, relating to obstructing highways, streets, sidewalks, or other public passages, on any public road which is part of the state highway system;
   10. Enforcement of Code Section 16-7-43, relating to littering public or private property or waters, on any public road which is part of the state highway system;
   11. Enforcement of Code Section 16-7-24, relating to interference with government property, on any public road which is part of the state highway system; and
   12. Enforcement of any state law when ordered to do so by the commissioner.
3. In performance of the duties specified in subsection (b) of this Code section, certified law enforcement officers employed by the department or designated by the commissioner shall:
   1. Be authorized to carry firearms;
   2. Exercise arrest powers;
   3. Have the power to stop, enter upon, and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with laws, the administration or enforcement of which is the responsibility of the department;
   4. Have the power to examine the facilities where motor vehicles are housed or maintained and the books and records of motor carriers for purposes of determining compliance with laws, the administration or enforcement of which is the responsibility of the department; and
   5. Exercise the powers generally authorized for law enforcement officers in the performance of their duties or otherwise to the extent needed to protect any life or property when the circumstances demand action.
4. The commissioner shall authorize law enforcement officers of the Motor Carrier Compliance Enforcement Section to make use of dogs trained for the purpose of detection of drugs and controlled substances while such officers are engaged in the performance of their authorized duties. If such authorized use of such a dog indicates probable cause to indicate the presence of contraband, the officer or officers shall in those circumstances have the full authority of peace officers to enforce the provisions of Article 2 of Chapter 13 of Title 16, the "Georgia Controlled Substances Act," and Article 3 of Chapter 13 of Title 16, the "Dangerous Drug Act"; provided, however, that the department must immediately notify the local law enforcement agency and district attorney of the jurisdiction where a seizure is made. (Code 1981, § 35-2-101 , enacted by Ga. L. 2005, p. 334, § 13A-2/HB 501; Ga. L. 2012, p. 580, § 7/HB 865; Ga. L. 2016, p. 385, § 5/HB 806.)

The 2012 amendment, effective July 1, 2012, substituted "Motor Carrier Compliance Enforcement Section" for "Motor Carrier Compliance Division" throughout this Code section.

The 2016 amendment, effective April 26, 2016, deleted former subsection (e), which read: "(e)(1) Certified law enforcement officers employed by the Motor Carrier Compliance Enforcement Section may use a department motor vehicle while working an approved off-duty job, provided that:

"(A) The off-duty employment is of a general nature that is the subject of a contract between the off-duty employer and the department and is service in which the use of the department motor vehicle is a benefit to the department or is in furtherance of the department's mission;

"(B) The off-duty employer agrees to pay and does pay to the department an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such contract, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; and

"(C) The commissioner has specifically approved, in writing, the individual use of the vehicle by the employee.

"(2) At no time will an off-duty employee be allowed use of a department motor vehicle at any political function of any kind."

35-2-102. Weight inspector positions; training; powers and responsibilities; limits on responsibilities.

1. The commissioner is authorized to establish a position to be known as "weight inspector" within the Motor Carrier Compliance Enforcement Section of the Department of Public Safety. Weight inspectors shall be assigned to fixed scales facilities and shall not be authorized to operate outside such facilities. The number of such positions shall be determined by the commissioner within the limits set by available appropriations. Weight inspectors may be divided into such ranks as the commissioner deems appropriate.
2. The commissioner shall ensure that a weight inspector is properly trained regarding laws governing commercial motor vehicle weight, registration, size, and load, including, but not limited to, commercial motor vehicle provisions in Article 2 of Chapter 6 of Title 32 and safety standards for commercial motor vehicles and such motor vehicle components. The training required in the areas required by this subsection shall be equivalent to training provided to certified officers in the Motor Carrier Compliance Enforcement Section.
3. A weight inspector, at the fixed scales facility, shall be authorized to:
   1. Enforce noncriminal provisions relating to commercial motor vehicle weight, registration, size, and load and assess a civil penalty for a violation of such provisions; and
   2. Detain a commercial motor vehicle that:
      1. Has a safety defect which is critical to the continued safe operation of the vehicle;
      2. Is being operated in violation of any criminal law; or
      3. Is being operated in violation of an out-of-service order as reported on the federal Safety and Fitness Electronic Records data base.

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

4. A weight inspector is not a peace officer and shall not be authorized to carry a firearm or exercise any power of arrest other than a citizen's arrest in accordance with Code Sections 17-4-60 and 17-4-61 . At all times while a weight inspector is on duty, there shall be a supervisor over the weight inspector also on duty who shall be a certified peace officer. (Code 1981, § 35-2-102 , enacted by Ga. L. 2009, p. 122, § 2/HB 343; Ga. L. 2012, p. 580, § 7/HB 865.)

The 2012 amendment, effective July 1, 2012, substituted "Motor Carrier Compliance Enforcement Section" for "Motor Carrier Compliance Division" throughout this Code section.

35-2-120. Definitions.

As used in this article, the term:

1. "Capitol Square" means that area designated as such by Code Section 50-2-28.
2. "Commissioner" means the commissioner of public safety.
3. "Department" means the Department of Public Safety.
4. "Division" means the Capitol Police Division of the department created by this article. (Code 1981, § 35-2-120 , enacted by Ga. L. 2010, p. 137, § 1/HB 1074.)

Cross references. - Appointment of nonuniformed investigators to protect state property, § 35-1-6 .

Law reviews. - For annual survey of law on administrative law, see 62 Mercer L. Rev. 1 (2010).

35-2-121. Establishment of Capitol Police Division; staffing.

There is created and established a division of the Department of Public Safety to be known as the Capitol Police Division. The department shall staff such division with certified law enforcement officers, who shall be designated capitol police officers, security personnel under the employment of or contract with the department, and any other certified peace officer employed by the department.

(Code 1981, § 35-2-121 , enacted by Ga. L. 2010, p. 137, § 1/HB 1074.)

35-2-122. Jurisdiction; duties; power.

1. The division shall have jurisdiction and the primary duty to enforce all laws in Capitol Square and the property and buildings owned by the Georgia Building Authority within a five-mile radius of Capitol Square.
2. The division shall have the following additional duties:
   1. To maintain peace and order and enforce the laws and regulations relating to controlling access to any building or property under the control or operation of the Georgia Building Authority;
   2. To maintain peace and order and enforce the laws and regulations relating to controlling access to Capitol Square;
   3. To enforce parking and traffic laws and to investigate accidents within Capitol Square;
   4. To enforce state law when ordered to do so by the commissioner; and
   5. To exercise the powers of a law enforcement officer to protect life and property.
3. In the performance of their duties, certified law enforcement officers shall be authorized to carry firearms and exercise the power of arrest. (Code 1981, § 35-2-122 , enacted by Ga. L. 2010, p. 137, § 1/HB 1074.)

35-2-123. Use of vehicles by off-duty law enforcement officer.

Reserved. Repealed by Ga. L. 2016, p. 385, § 6/HB 806, effective April 26, 2016.

Editor's notes. - This Code section was based on Code 1981, § 35-2-123 , enacted by Ga. L. 2010, p. 137, § 1/HB 1074.

35-2-124. Reimbursement to the department for costs.

The Georgia Building Authority shall reimburse the department for the costs to the department of performing police and security duties within Capitol Square in accordance with an intergovernmental agreement by and between the department and the Georgia Building Authority. Such agreement shall set forth the amount to be paid by the Georgia Building Authority to the department for each fiscal year and shall be executed prior to the budget submission deadline set by the Governor's Office of Planning and Budget.

(Code 1981, § 35-2-124 , enacted by Ga. L. 2010, p. 137, § 1/HB 1074.)

35-2-140. Transfer of certain personnel, aircraft, and other assets from the Georgia Aviation Authority to the Department of Public Safety.

1. 1. On and after September 1, 2011, the Department of Public Safety shall be authorized to acquire, operate, maintain, house, and dispose of all state aviation assets assigned to the department, to provide aviation services and oversight of such state aircraft and aviation operations for public safety and legitimate state business purposes, to achieve policy objectives through aviation missions, and to provide for the efficient operation of such state aircraft.
   2. On September 1, 2011, the Georgia Aviation Authority shall transfer back to the custody and control of the Department of Public Safety all of the aircraft previously transferred to the authority by the Department of Public Safety and any associated parts and equipment; provided, however, that this article shall have no application to aircraft owned or operated by the Department of Defense.
   3. On September 1, 2011, any person who is employed by the Department of Public Safety and is assigned for administrative purposes only to the Georgia Aviation Authority shall be transferred back to the Department of Public Safety and shall no longer be under the administration or direction of the Georgia Aviation Authority. In addition, on September 1, 2011, the six aviation mechanic positions that were previously transferred by the Department of Public Safety to the Georgia Aviation Authority shall be returned to the Department of Public Safety along with the funds budgeted for such positions.
   4. All airfields and appurtenances, including hangars, previously transferred to the Georgia Aviation Authority by the Department of Public Safety and all funds, accounts receivable, a percentage of the budgeted operating funds, contracts, liabilities, and obligations associated with the aircraft being transferred back to the Department of Public Safety as of September 1, 2011, shall become the property, funds, accounts receivable, budgeted operating funds, contracts, liabilities, and obligations of the Department of Public Safety on such date.
   5. The Department of Public Safety shall be responsible for providing aviation services in support of public safety. The department shall be authorized to dispose of any state aircraft and apply the proceeds derived therefrom to the purchase of replacement aviation assets.
2. The Department of Public Safety shall have the power to:
   1. Hire, organize, and train personnel to operate, maintain, house, purchase, and dispose of aviation assets;
   2. Purchase, lease, maintain, develop, and modify facilities to support aviation assets and operations;
   3. Develop operating, maintenance, safety, security, training, education, and scheduling standards for state aviation operations and conduct inspections, audits, and other similar oversight to determine practices and compliance with such standards;
   4. Develop an accountability system for state aviation operations and activities;
   5. Identify the costs associated with training, education, and the purchase, operation, maintenance, and administration of state aircraft and aviation operations and related facilities;
   6. In conjunction with the Georgia Aviation Authority, develop an appropriate joint billing structure for passenger transportation where the aircraft is designated and operated as a "civil aircraft" under Part 91 of the Federal Aviation Regulations and charge agencies and other state entities for the full variable hourly costs for the operation of each type aircraft, evaluated annually and adjusted as necessary based upon the price of fuel, maintenance, and other fees that are a direct result of flying the aircraft on that specific trip; provided, however, that any billing to an agency by the department shall be suspended whenever the Governor declares a state of emergency on any cost associated with aircraft used during and in response to such state of emergency;
   7. Retain appropriate external consulting and auditing expertise;
   8. Engage aviation industry representatives to ensure best practices for state aviation assets;
   9. Delegate certain powers pursuant to this article to other state entities;
   10. Otherwise implement appropriate and efficient management practices for state aviation operations; and
   11. Enter into agreements with the Georgia Aviation Authority for mutual use of state airfields and appurtenances, including aircraft hangars. (Code 1981, § 35-2-140 , enacted by Ga. L. 2011, p. 409, § 4/HB 414.)

35-2-160. (For effective date, see note.) Definitions.

As used in this article, the term:

1. "Critical incident support services" means interventions designed to provide compassionate or coping support in the event of involvement in, being a witness to, or being otherwise affected by a traumatic event, including, but not limited to, any series of events that render a traumatic effect.
2. "Peer counselor" shall have the same meaning as provided for in Code Section 24-5-510.
3. "Public entity" means any agency or department of this state or a political subdivision or municipality of this state or an authority of this state.
4. "Public safety officer" means a peace officer, correctional officer, emergency health worker, firefighter, highway emergency response operator, jail officer, juvenile correctional officer, probation officer, or emergency services dispatcher.
5. "Support coordinator" means the coordinator of the Office of Public Safety Officer Support within the Department of Public Safety. (Code 1981, § 35-2-160 , enacted by Ga. L. 2018, p. 716, § 2/HB 703.)

Editor's notes. - For information as to the effective date of this Code section, see the delayed effective date note at the beginning of this article.

35-2-161. (For effective date, see note.) Office of Public Safety Officer Support established.

There is established the Office of Public Safety Officer Support within the Department of Public Safety.

(Code 1981, § 35-2-161 , enacted by Ga. L. 2018, p. 716, § 2/HB 703.)

Editor's notes. - For information as to the effective date of this Code section, see the delayed effective date note at the beginning of this article.

35-2-162. (For effective date, see note.) Support coordinator.

The support coordinator shall be appointed by and be under the direction of the commissioner. The support coordinator shall be an individual with experience as a public safety officer and who has received training and exhibited a demonstrated professional ability to provide emotional and moral support to public safety officers. The support coordinator may also otherwise serve as a public safety officer within the department. The support coordinator is charged and empowered to carry out the responsibilities provided for under this article.

(Code 1981, § 35-2-162 , enacted by Ga. L. 2018, p. 716, § 2/HB 703.)

Editor's notes. - For information as to the effective date of this Code section, see the delayed effective date note at the beginning of this article.

35-2-163. (For effective date, see note.) Peer counseling and critical incident support services; certification; employment of necessary staff.

1. The Office of Public Safety Officer Support within the Department of Public Safety may respond to and provide peer counselors and critical incident support services to any requesting public entities that employ public safety officers. The office may respond to and provide peer counselors and critical incident support services for the benefit of public safety officers experiencing post-traumatic stress disorder or other trauma associated with public safety. The office shall develop a course of training in critical incident stress management and in any other related subject matter for the benefit of public safety officers.
2. The support coordinator shall certify individuals, who shall be peer counselors, as having received training and demonstrated ability to provide emotional and moral support to public safety officers consistent with the purposes of this article.
3. The support coordinator, with approval of the commissioner, may employ or retain persons as he or she deems necessary to serve as peer counselors and staff consistent with the purposes of this article. (Code 1981, § 35-2-163 , enacted by Ga. L. 2018, p. 716, § 2/HB 703.)

Editor's notes. - For information as to the effective date of this Code section, see the delayed effective date note at the beginning of this article.

35-2-164. (For effective date, see note.) Provision and designation of office space, personnel, supplies, and materials; policies and procedures.

The commissioner is authorized to provide and designate for the use of the support coordinator such space as shall be necessary to quarter the support coordinator and his or her staff. The support coordinator shall establish policies and procedures for the implementation of this article and is authorized to employ and secure the necessary staff, supplies, and materials to carry out this article, subject to the approval of the commissioner.

(Code 1981, § 35-2-164 , enacted by Ga. L. 2018, p. 716, § 2/HB 703.)

Editor's notes. - For information as to the effective date of this Code section, see the delayed effective date note at the beginning of this article.

35-3-1. Definitions.

As used in this chapter, the term:

1. "Bureau" means the Georgia Bureau of Investigation.
2. "Director" means the director of the Georgia Bureau of Investigation. (Code 1981, § 35-3-1 ; Ga. L. 2005, p. 599, § 1/SB 146.)

Editor's notes. - This Code section was created as part of the Code revision and was thus enacted by Ga. L. 1981, Ex. Sess., p. 8 (Code enactment Act).

35-3-2. Creation.

There is created a Georgia Bureau of Investigation which shall be a separate department and agency of state government.

(Ga. L. 1937, p. 322, art. 3, § 1; Ga. L. 1972, p. 1015, §§ 1608, 1608.1; Ga. L. 1974, p. 109, § 2.)

35-3-3. Divisions of bureau.

The Georgia Bureau of Investigation shall be composed of the Investigations Division, the Forensic Sciences Division, the Georgia Crime Information Center Division, and such other divisions as may be created by the board.

(Ga. L. 1974, p. 109, § 2; Ga. L. 1980, p. 497, § 1.)

35-3-4. Powers and duties of bureau generally.

1. It shall be the duty of the bureau to:
   1. Take, receive, and forward fingerprints, photographs, descriptions, and measurements of persons in cooperation with the bureaus and departments of other states and of the United States;
   2. Exchange information relating to crime and criminals;
   3. Keep permanent files and records of such information procured or received;
   4. Provide for the scientific investigation of articles used in committing crimes or articles, fingerprints, or bloodstains found at the scene of a crime;
   5. Provide for the testing and identification of weapons and projectiles fired therefrom;
   6. Acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual;
   7. Acquire, collect, classify, and preserve immediately any information which would assist in the location of any missing person, including any minor, and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person and the bureau shall acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin;
   8. Exchange such records and information as provided in paragraphs (6) and (7) of this subsection with, and for the official use of, authorized officials of the federal government, the states, cities, counties, and penal and other institutions. With respect to missing minors, such information shall be transmitted immediately to other law enforcement agencies;
   9. Identify and investigate violations of Article 4 of Chapter 7 of Title 16;
   10. Identify and investigate violations of Part 2 of Article 3 of Chapter 12 of Title 16, relating to offenses related to minors;
   11. Identify and investigate violations of Article 8 of Chapter 9 of Title 16;
   12. Identify and investigate violations of Article 5 of Chapter 8 of Title 16;
   13. Identify and investigate violations of Code Section 16-5-46;
   14. Identify and investigate violations of Article 8 of Chapter 5 of Title 16; and
   15. 1. Acquire, collect, analyze, and provide to the board any information which will assist the board in determining a sexual offender's risk assessment classification in accordance with the board's duties as specified in Code Section 42-1-14, including, but not limited to, obtaining:
          1. Incident, investigative, supplemental, and arrest reports from law enforcement agencies;
          2. Records from clerks of court;
          3. Records and information maintained by prosecuting attorneys;
          4. Records maintained by state agencies, provided that any records provided by the State Board of Pardons and Paroles that are classified as confidential state secrets pursuant to Code Section 42-9-53 shall remain confidential and shall not be made available to any other person or entity or be subject to subpoena unless declassified by the State Board of Pardons and Paroles; and
          5. Other documents or information as requested by the board.
       2. As used in this paragraph, the term:
          1. "Board" means the Sexual Offender Registration Review Board.
          2. "Risk assessment classification" means the level into which a sexual offender is placed based on the board's assessment.
          3. "Sexual offender" has the same meaning as set forth in Code Section 42-1-12.
2. In addition to the duties provided in subsection (a) of this Code section, the members of the bureau shall have and are vested with the same authority, powers, and duties as are possessed by the members of the Uniform Division of the Department of Public Safety under this title.

   (Ga. L. 1937, p. 322, art. 3, § 1; Ga. L. 1941, p. 277, § 4; Ga. L. 1974, p. 109, § 2; Ga. L. 1977, p. 752, § 1; Ga. L. 1982, p. 3, § 35; Ga. L. 1984, p. 690, § 2; Ga. L. 1985, p. 149, § 35; Ga. L. 1996, p. 416, § 9; Ga. L. 2007, p. 283, § 3/SB 98; Ga. L. 2008, p. 601, § 2/SB 388; Ga. L. 2010, p. 1162, § 2/SB 371; Ga. L. 2011, p. 217, § 9/HB 200; Ga. L. 2012, p. 351, § 5/HB 1110; Ga. L. 2012, p. 985, § 1/HB 895; Ga. L. 2013, p. 524, § 3-5/HB 78; Ga. L. 2013, p. 1056, § 3/HB 122.)

The 2010 amendment, effective July 1, 2010, in subsection (a), deleted "or" at the end of paragraph (a)(10), substituted "; or" for a period at the end of paragraph (a)(11), and added paragraph (a)(12).

The 2011 amendment, effective July 1, 2011, in subsection (a), deleted "or" at the end of paragraph (a)(11), substituted "; or" for a period at the end of paragraph (a)(12), and added paragraph (a)(13).

The 2012 amendments. The first 2012 amendment, effective July 1, 2012, deleted "or" at the end of paragraph (a)(12); substituted "; or" for a period at the end of paragraph (a)(13); and added paragraph (a)(14). The second 2012 amendment, effective July 1, 2012, in subsection (a), deleted "or" at the end of paragraph (a)(12), substituted "; and" for the period at the end of paragraph (a)(13), and added paragraph (a)(14).

The 2013 amendments. The first 2013 amendment, effective July 1, 2013, substituted "Article 8 of Chapter 5 of Title 16" for "Code Section 30-5-8 or 16-5-100" in paragraph (a)(14). The second 2013 amendment, effective July 1, 2013, added the proviso at the end of division (a)(15)(A)(iv).

Cross references. - Disposition of unclaimed dead bodies, § 31-21-20 et seq.

Authority of director of forensic sciences division to make facilities of division available for post-mortem examinations and autopsies and to authorize licensed physicians or pathologists to act as medical examiners in performing post-mortem examinations or autopsies, § 45-16-22 .

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2012, paragraph (a)(14), as enacted by Ga. L. 2012, p. 985, § 1/HB 895, was redesignated as paragraph (a)(15), "and" was deleted at the end of paragraph (a)(13), and "; and" was substituted for a period at the end of paragraph (a)(14).

Law reviews. - For annual survey of law on real property, see 62 Mercer L. Rev. 283 (2010). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 131 (2011). For article, "Crimes and Offenses: Crimes Against the Person," see 28 Ga. St. U.L. Rev. 131 (2011). For annual survey on administrative law, see 64 Mercer L. Rev. 39 (2012).

35-3-4.1. Subpoena for production of electronic communication service records for computer or electronic device used in furtherance of certain offenses against minors.

1. 1. In any investigation of a violation of Code Section 16-12-100, 16-12-100.1, or 16-12-100.2 involving the use of a computer or an electronic device in furtherance of an act related to a minor, or any investigation of a violation of Article 8 of Chapter 9 of Title 16, the director, assistant director, or deputy director for investigations shall be authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of electronic communication service or remote communication service records or other information pertaining to a subscriber or customer of such service, exclusive of contents of communications.
   2. A provider of electronic communication service or remote computing service shall disclose to the bureau the:
      1. Name;
      2. Address;
      3. Local and long distance telephone connection records, or records of session times and durations;
      4. Length of service, including the start date, and types of service utilized;
      5. Telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and
      6. Means and source of payment for such service, including any credit card or bank account number of a subscriber to or customer of such service.
   3. A provider of electronic communication service or remote computing service shall not provide notification of the subpoena issued pursuant to paragraph (1) of this subsection to the subscriber or customer of such service.
2. Upon failure of a person without lawful excuse to obey a subpoena, the director, assistant director, or the deputy director for investigations, through the Attorney General or district attorney, may apply to a superior court having jurisdiction for an order compelling compliance. Such person may object to the subpoena on grounds that it fails to comply with this Code section or upon any constitutional or other legal right or privilege of such person. The court may issue an order modifying or setting aside such subpoena or directing compliance with the original subpoena.
3. The Attorney General may request that a natural person who refuses to produce relevant matter on the ground that the production of records may incriminate such person be ordered by the court to provide such records. With the exception of a prosecution for perjury, a natural person who complies with the court order to provide such records asserting a privilege against self-incrimination to which he or she is entitled by law shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she may testify or produce evidence, documentary or otherwise.
4. 1. Information obtained pursuant to a subpoena enforced by this Code section shall not be made public or, except as authorized in paragraph (2) of this subsection, disclosed by the director, assistant director, deputy director for investigations, or the director's employees beyond the extent necessary for the enforcement of this Code section.
   2. The director, assistant director, deputy director for investigations, or the director's employees shall be authorized to provide to any federal, state, or local law enforcement agency any information acquired under this Code section in furtherance of a criminal investigation in violation of Code Section 16-12-100, 16-12-100.1, or 16-12-100.2.
5. As used in this Code section, the terms "electronic communication service" and "remote communication service" shall have the same meaning as set forth in Code Section 16-9-92 . (Code 1981, § 35-3-4.1 , enacted by Ga. L. 2007, p. 283, § 4/SB 98; Ga. L. 2008, p. 601, § 3/SB 388; Ga. L. 2018, p. 507, § 1-1/SB 336.)

The 2018 amendment, effective July 1, 2018, added paragraph (a)(3).

Cross references. - Computer or electronic pornography and child exploitation prevention, § 16-12-100.2 .

35-3-4.2. Subpoena authority for investigating fraudulent real estate transactions.

1. In any investigation of a violation of Article 5 of Chapter 8 of Title 16 or other criminal violations involving fraudulent real estate transactions, the director, assistant director, or deputy director for investigations shall be authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of books, papers, documents, or other tangible things, including records and documents contained within, or generated by, a computer or any other electronic device.
2. Upon the failure of a person without lawful excuse to obey a subpoena, the director, assistant director, or the deputy director for investigations, through the Attorney General or district attorney, may apply to a superior court having jurisdiction for an order compelling compliance. Such person may object to the subpoena on grounds that it fails to comply with this Code section or upon any constitutional or other legal right or privilege of such person. The court may issue an order modifying or setting aside such subpoena or directing compliance with the original subpoena. Failure to obey a subpoena issued under this Code section may be punished by the court as contempt of court. (Code 1981, § 35-3-4.2 , enacted by Ga. L. 2010, p. 1162, § 3/SB 371.)

Effective date. - This Code section became effective July 1, 2010.

Law reviews. - For annual survey of law on real property, see 62 Mercer L. Rev. 283 (2010).

35-3-4.3. Subpoena power for investigations of violations involving trafficking of persons for labor or sexual servitude.

1. In any investigation of a violation of Code Section 16-5-46 involving trafficking of persons for labor or sexual servitude, the director, assistant director, or deputy director for investigations shall be authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of books, papers, documents, or other tangible things, including records and documents contained within, or generated by, a computer or any other electronic device.
2. A provider of electronic communication service or remote computing service shall not provide notification of the subpoena issued pursuant to subsection (a) of this Code section to the subscriber or customer of such service.
3. Upon the failure of a person without lawful excuse to obey a subpoena, the director, assistant director, or the deputy director for investigations, through the Attorney General or district attorney, may apply to a superior court having jurisdiction for an order compelling compliance. Such person may object to the subpoena on grounds that it fails to comply with this Code section or upon any constitutional or other legal right or privilege of such person. The court may issue an order modifying or setting aside such subpoena or directing compliance with the original subpoena. Failure to obey a subpoena issued under this Code section may be punished by the court as contempt of court. (Code 1981, § 35-3-4.3 , enacted by Ga. L. 2011, p. 217, § 10/HB 200; Ga. L. 2018, p. 507, § 1-2/SB 336.)

Effective date. - This Code section became effective July 1, 2011.

The 2018 amendment, effective July 1, 2018, added subsection (b); and redesignated former subsection (b) as present subsection (c).

Cross references. - Defense available for crimes committed while being trafficked, § 16-3-6 .

Law reviews. - For article on the 2011 enactment of this Code section, see 28 Ga. St. U.L. Rev. 131 (2011). For article, "Crimes and Offenses: Crimes Against the Person," see 28 Ga. St. U.L. Rev. 131 (2011).

35-3-4.4. Issuance of a subpoena; failure to comply.

1. In any investigation of a violation of Article 8 of Chapter 5 of Title 16 or other criminal violation involving the abuse, neglect, or exploitation of a disabled adult, elder person, or resident, the director, assistant director, or deputy director for investigations shall be authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of books, papers, documents, or other tangible things, including records and documents contained within, or generated by, a computer or any other electronic device, unless such records are wholly owned by the federal government.
2. Upon the failure of a person without lawful excuse to obey a subpoena, the director, assistant director, or deputy director for investigations, through the prosecuting attorney, may apply to a superior court having jurisdiction for an order compelling compliance. Such person may object to the subpoena on the grounds that it fails to comply with this Code section or upon any constitutional or other legal right or privilege of such person. The court may issue an order modifying or setting aside such subpoena or directing compliance with the original subpoena. Failure to obey a subpoena issued under this Code section may be punished by the court as contempt of court. (Code 1981, § 35-3-4.4 , enacted by Ga. L. 2018, p. 602, § 5/HB 635.)

Effective date. - This Code section became effective July 1, 2018.

35-3-5. Director - Creation; appointment and removal; powers and duties.

1. There is created the position of director.
2. The director shall be the chief administrative officer and shall be both appointed and removed by the Board of Public Safety with the approval of the Governor.
3. The director shall coordinate and supervise the work of the Georgia Child Fatality Review Panel created by Code Section 19-15-4 or shall designate a person from within the bureau to serve as the coordinator and supervisor and shall provide such staffing and administrative support to the Georgia Child Fatality Review Panel as may be necessary to enable it to carry out its statutory duties.
4. The director shall report the death of any child to the chairperson of the review committee, as such term is defined in Code Section 19-15-1, for the county in which such child resided at the time of death, unless the director or his or her designee has knowledge that such death has been reported by the county medical examiner or coroner, pursuant to Code Section 19-15-3, and shall provide such review committee access to any records of the bureau relating to such child.
5. Except as otherwise provided by this chapter, and subject to the general policy established by the board, the director shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the bureau by this chapter.

   (Ga. L. 1974, p. 109, § 2; Ga. L. 2005, p. 599, § 2/SB 146; Ga. L. 2014, p. 34, § 2-8/SB 365.)

The 2014 amendment, effective July 1, 2014, added subsections (c) and (d) and redesignated former subsection (c) as present subsection (e).

Editor's notes. - Ga. L. 2014, p. 34, § 2-1/SB 365, not codified by the General Assembly, provides that: "This part shall be known and may be cited as the 'Journey Ann Cowart Act.'"

Ga. L. 2014, p. 34, § 2-9/SB 365, not codified by the General Assembly, provides that: "It is the intent of the General Assembly to provide for transparency relative to investigations involving child abuse and child fatalities in order to best protect the children of this state. The General Assembly finds that more disclosure of information may be necessary when a child is deceased. The General Assembly intends that agencies and departments of this state share data in order to conduct research for the purpose of preventing child fatalities in this state."

Law reviews. - For article on the 2014 amendment of this Code section, see 31 Ga. St. U.L. Rev. 25 (2014).

35-3-6. Director - Unclassified service; compensation.

The director shall be in the unclassified service as defined by Code Section 45-20-2 and his or her compensation shall be fixed by the board.

(Ga. L. 1974, p. 109, § 2; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-50/HB 642.)

The 2012 amendment, effective July 1, 2012, in this Code section, substituted "as defined by Code Section 45-20-2" for "of the State Personnel Administration" and inserted "or her".

Cross references. - State merit system generally, § 45-20-1 et seq.

Editor's notes. - Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

35-3-7. Agreements by director and commissioner for provision of services and material.

The director and the commissioner of public safety are authorized to enter into agreements, subject to approval of the Board of Public Safety, for the provision of such services, material, or combination thereof as may be useful in the performance of the official duties of the bureau or the department.

(Ga. L. 1974, p. 109, § 2; Ga. L. 1987, p. 3, § 35; Ga. L. 2005, p. 599, § 3/SB 146.)

Law reviews. - For article, "Administrative Law," see 63 Mercer L. Rev. 47 (2011). For article, "The Emory Law Volunteer Clinic for Veterans: Serving Those Who Served," see 19 Ga. St. B.J. 26 (Feb. 2014).

35-3-8. Powers of agents of bureau generally.

1. All properly appointed agents of the bureau shall have the powers, including the power of making arrests and appearing in court, for the enforcement of all criminal statutes pertaining to the manufacture, transportation, distribution, sale, or possession of liquor, wine, beer, alcoholic beverages, cigars, cigarettes, little cigars, cheroots, stogies, and loose or smokeless tobacco and shall concurrently with agents and enforcement officers appointed by the state revenue commissioner have the authority throughout the state to:
   1. Obtain and execute warrants for the arrest of persons charged with violations of such laws;
   2. Obtain and execute search warrants in the enforcement of such laws;
   3. Arrest without warrant any person found in violation of such laws, or endeavoring to escape, or if for other cause there is likely to be a failure of enforcement of such laws for want of an officer to issue a warrant;
   4. Make investigations in the enforcement of such laws and in connection therewith to go upon any property outside of buildings, posted or otherwise, in the performance of such duties;
   5. Seize and take possession of all property which is declared contraband under such laws; and
   6. Carry firearms while performing their duties.
2. The enforcement powers conferred in this Code section upon agents of the bureau shall relate only to the enforcement of the criminal provisions relating to the manufacture, transportation, distribution, sale, or possession of liquor, wine, beer, alcoholic beverages, cigars, cigarettes, little cigars, cheroots, stogies, and loose or smokeless tobacco and shall not extend to regulatory matters with respect to such products under the jurisdiction of the state revenue commissioner.

   (Ga. L. 1980, p. 420, § 1; Ga. L. 1982, p. 3, § 35; Ga. L. 2003, p. 665, § 42.)

Cross references. - Powers and duties of state revenue commissioner relating to enforcement of laws pertaining to manufacture or transportation of alcoholic beverages, § 3-2-30 et seq.

Authority of agents of bureau with regard to laws pertaining to operation of vessels or boats upon waters of state, § 27-1-24 .

Powers and duties of state revenue commissioner relating to enforcement of laws pertaining to manufacture or transportation of cigars, cigarettes, and little cigars, § 48-11-19 .

Editor's notes. - Ga. L. 2003, p. 665, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'State and Local Tax Revision Act of 2003.'"

Law reviews. - For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 233 (2003).

35-3-8.1. Power of bureau to assist other law enforcement agencies.

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

(Code 1981, § 35-3-8.1 , enacted by Ga. L. 1982, p. 3, § 35; Ga. L. 1987, p. 3, § 35.)

35-3-9. Narcotics agents.

1. The director is authorized to retain on a contractual basis such persons as he or she shall deem necessary to detect and apprehend violators of the criminal statutes of this state pertaining to the possession, sale, or use of narcotics or other dangerous drugs.
2. Those persons contracting with the director pursuant to subsection (a) of this Code section shall be known as narcotics agents.
3. The investigative services provided for in this Code section shall be designed to support local law enforcement efforts. The director shall, with the advice and consent of the board, appoint a three-member priority committee composed of a representative from the Georgia Sheriffs Association, the Georgia Association of Chiefs of Police, and the District Attorneys Association. The committee shall establish priorities for use of investigative resources and determine the bona fide nature of requests for assistance. The recommendations of the committee shall be followed by the director except where otherwise expressly authorized by the board.
4. Narcotics agents shall have all powers necessary and incidental to the fulfillment of their contractual obligations, including the power of arrest when authorized by the director.
5. No person shall be a narcotics agent unless he is at least 18 years of age.
6. The director shall conduct a background investigation of all potential narcotics agents. If the background investigation discloses a criminal record, the applicant shall not be retained without the express approval of the board.
7. Any matters pertaining to narcotics agents shall be exempt from Chapter 14 of Title 50, relating to meetings open to the public.
8. Persons retained as narcotics agents shall be considered persons in the service of the bureau under a contract of hire with that agency whose employment of those persons as narcotics agents shall be considered an employment in the usual course of the business of that agency. Persons retained by the bureau as narcotics agents shall have all the rights and privileges of other employees of the bureau; provided, however, that such persons shall be in the unclassified service as defined by Code Section 45-20-2 and therefore shall not be governed by any rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, or other such matters concerning their employment established by the State Personnel Board or any successor boards or agencies.
9. The director shall have all powers necessary and incidental to the effective operation of this Code section.

   (Ga. L. 1973, p. 544, § 1; Ga. L. 1976, p. 392, § 1; Ga. L. 1978, p. 1646, § 1; Ga. L. 1987, p. 3, § 35; Ga. L. 1990, p. 540, § 2; Ga. L. 2001, p. 1058, § 1; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-51/HB 642.)

The 2012 amendment, effective July 1, 2012, inserted "or she" in subsection (a); substituted "composed" for "comprised" in the second sentence of subsection (c); in subsection (h), in the second sentence, substituted "as defined by Code Section 45-20-2" for "of the State Personnel Administration" near the middle, and deleted ", the State Personnel Administration," preceding "or any successor boards" near the end.

Cross references. - Possession, sale, and use of controlled substances, T. 16, C. 13.

State merit system generally, § 45-20-1 et seq.

Editor's notes. - Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

35-3-9.1. Special Cocaine Task Force.

Repealed pursuant to subsection (c) of Code Section 35-3-9.1, which provided for the repeal of this Code section on June 30, 1990.

Editor's notes. - This Code section was based on Ga. L. 1985, p. 552, § 2.

35-3-9.2. Mobile cocaine education van.

Repealed by Ga. L. 2005, p. 599, § 1/SB 146, effective July 1, 2005.

Editor's notes. - This Code section was based on Code 1981, § 35-3-9.2 , enacted by Ga. L. 1985, p. 552, § 3. Ga. L. 2006, p. 72, § 35/SB 465, repealed the reservation of this Code section designation.

35-3-10. Participation by bureau personnel and director in Employees' Retirement System of Georgia.

All personnel and the director of the bureau are authorized to be members of the Employees' Retirement System of Georgia, as established by Chapter 2 of Title 47. All rights, credits, and funds in the retirement system which are possessed by any personnel of the bureau, including the director, at the time of employment in the bureau are continued; and it is the intention of the General Assembly that such personnel and the director shall not lose any rights, credits, or funds to which they were entitled prior to being employed with the bureau.

(Ga. L. 1974, p. 109, § 2; Ga. L. 2001, p. 1058, § 2.)

35-3-11. Applicability of merit system to agents of bureau; retention of badge and weapon by disabled agent.

1. All agents of the bureau shall be governed by such rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, and other employment standards as may now or hereafter be established under such merit system controls as may be authorized by Chapter 20 of Title 45.
2. This Code section shall not apply to narcotics agents as provided for in Code Section 35-3-9.
3. As used in this subsection, the term "disability" means a disability that prevents an individual from working as a law enforcement officer. When an agent of the bureau leaves the bureau as a result of a disability arising in the line of duty, such agent shall be entitled as part of such agent's compensation to retain his or her weapon and badge pursuant to regulations promulgated by the director.

   (Ga. L. 1974, p. 109, § 2; Ga. L. 2004, p. 1058, § 4; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-52/HB 642.)

The 2012 amendment, effective July 1, 2012, deleted ", relating to the State Personnel Board and the State Personnel Administration" following "Title 45" in subsection (a).

Editor's notes. - Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

35-3-12. Payment of medical and similar expenses of members injured in line of duty; procedure.

The bureau is authorized to pay all medical, surgical, hospital, nursing, and other similar expenses incurred by any member of the bureau as a result of injuries received in the line of duty. The bureau is authorized to make such payments in addition to any award made by the State Board of Workers' Compensation based on such injuries. Such payments shall be made only upon proper presentation of bills to the bureau. The bureau and the injured party shall together ascertain the correctness of all bills presented. No payments shall be made without the approval of the bureau.

(Ga. L. 1953, Nov.-Dec. Sess., p. 392, § 1.)

Cross references. - Workers' compensation generally, T. 34, C. 9.

Insuring and indemnification of public officers and employees, T. 45, C. 9.

State Employees' Health Insurance Plan, T. 45, C. 18, A. 1.

35-3-13. Requests for investigation of criminal matters and crime related fires; access to local services and records.

1. Any district attorney of this state may request the assistance of the bureau to conduct and exercise its lawful powers and authorities in the investigation of any criminal matter.
2. Any head of a municipal or county fire department may request the assistance of the bureau to conduct and exercise its lawful powers and authorities in the investigation of any crime related fires.
3. In the event the bureau acts in cooperation with a municipality or other political subdivision of the state, the services and records of such municipality or other subdivision shall be accessible and available to the bureau at all times.

   (Ga. L. 1937, p. 322, art. 3, § 1; Ga. L. 1941, p. 277, § 4; Ga. L. 1977, p. 752, § 1; Ga. L. 1978, p. 254, § 2.)

35-3-14. Bureau to publicly post and share on website certain information from Law Enforcement Notification System of United States Department of Homeland Security.

To the extent permitted by federal law, the bureau shall post on its public website the information of persons who are aliens and who have been released from federal custody within the boundaries of this state, as such information is presented within the Law Enforcement Notification System of the Enforcement Integrated Database of the United States Department of Homeland Security or the National Law Enforcement Telecommunications System as received by the Georgia Information Sharing and Analysis Center within the bureau or any replacement agency. Within 12 hours of receiving such information, the bureau shall post such information as required by this Code section and electronically send a copy of such information to the Georgia Sheriffs' Association. The bureau shall promulgate rules and regulations for the implementation of this Code section.

(Code 1981, § 35-3-14 , enacted by Ga. L. 2017, p. 536, § 5-2/HB 452.)

Effective date. - This Code section became effective July 1, 2017.

Editor's notes. - Former Code Section 35-3-14, concerning reimbursement of the director of Division of Forensic Sciences for use of the director's private aircraft, was based on Ga. L. 1974, p. 563, § 1, and was repealed by Ga. L. 1997, p. 1421, § 2, effective May 1, 1997.

Ga. L. 2017, p. 536, § 1-1/HB 452, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Protect Georgia Act.'"

Law reviews. - For article on the 2017 enactment of this Code section, see 34 Ga. St. U.L. Rev. 17 (2017).

35-3-15 and 35-3-16.

Repealed by Ga. L. 1997, p. 1421, § 2, effective May 1, 1997.

Editor's notes. - These Code sections were based on Ga. L. 1990, p. 1735, § 1; Ga. 1994, p. 875, § 1.

35-3-30. Definitions.

As used in this article, the term:

1. "Career criminal" means any person who has been previously convicted three times under the laws of this state of felonies or under the laws of any other state or the United States of crimes which would be felonies if committed within this state.

   (1.1) "Center" means the Georgia Crime Information Center.

2. "Council" means the Georgia Crime Information Center Council.
3. "Criminal justice agencies" means those public agencies at all levels of government which perform as their principal function activities relating to the apprehension, prosecution, adjudication, or rehabilitation of criminal offenders.
4. "Criminal justice information" means the following classes of information:
   1. "Criminal history record information" means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, accusations, information, or other formal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release. Such term also includes the age and sex of each victim as provided by criminal justice agencies. The term does not include identification information, such as fingerprint records, to the extent that such information does not indicate involvement of the individual in the criminal justice system.
   2. "Restricted data" means data which contains information relating to data-gathering techniques, distribution methods, manuals, and forms.
   3. "Secret data" means data which includes information dealing with those operational and programming elements which prevent unlawful intrusion into the Georgia Crime Information Center/Criminal Justice Information System computer system, the communications network, and satellite computer systems handling criminal justice information.
   4. "Sensitive data" means data which contains statistical information in the form of reports, lists, and documentation, which information may identify a group characteristic. It may apply to groups of persons, articles, vehicles, etc., such as white males or stolen guns.
5. "Criminal justice information system" means all those agencies, procedures, mechanisms, media, and forms, as well as the information itself, which are or which become involved in the origination, transmittal, storage, retrieval, and dissemination of information related to reported offenses, offenders, and the subsequent actions related to such events or persons.
6. "Law enforcement agency" means a governmental unit of one or more persons employed full time or part time by the state, a state agency or department, or a political subdivision of the state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
7. "Offense" means an act which is a felony, a misdemeanor, or a violation of a county or municipal ordinance.

   (Ga. L. 1973, p. 1301, § 1; Ga. L. 1976, p. 617, § 1; Ga. L. 1982, p. 952, §§ 1, 3; Ga. L. 1984, p. 22, § 35; Ga. L. 1985, p. 149, § 35; Ga. L. 2006, p. 379, § 23/HB 1059.)

Editor's notes. - Ga. L. 2006, p. 379, § 30(c)/HB 1059, not codified by the General Assembly, provides that: "The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment."

Law reviews. - For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 11 (2006). For comment, "Confidentiality and Dissemination of Personal Information: An Examination of State Laws Governing Data Protection," see 41 Emory L.J. 1185 (1992).

35-3-31. Establishment of center; staff and equipment generally; State Personnel Board status of personnel.

1. There is established for the state, within the Georgia Bureau of Investigation, a system for the intrastate communication of vital information relating to crimes, criminals, and criminal activity, to be known as the Georgia Crime Information Center.
2. Central responsibility for the development, maintenance, and operation of the center shall be vested with the director of the center with the assistance and guidance of the Georgia Crime Information Council, the establishment of which is provided for in Code Section 35-3-32.
3. The director of the center shall maintain the necessary staff along with support services to be procured within the Georgia state government, such as computer services from the Department of Administrative Services, physical space and logistic support from the Department of Public Safety, and other services or sources as necessary, to enable the effective and efficient performance of the duties and responsibilities ascribed to the center in this article.
4. All personnel of the center shall be administered according to appropriate special and standard schedules issued pursuant to the rules of the State Personnel Board with due recognition to be given by the latter to the special qualifications and availability of the types of individuals required in such an agency.

   (Ga. L. 1973, p. 1301, § 2; Ga. L. 1974, p. 109, § 2; Ga. L. 1976, p. 617, § 2; Ga. L. 1982, p. 3, § 35; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-53/HB 642.)

The 2012 amendment, effective July 1, 2012, substituted "issued pursuant to the rules of the State Personnel Board" for "by the State Personnel Administration" in subsection (d).

Editor's notes. - Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

35-3-32. Establishment of council; composition; duties and responsibilities of council generally.

1. There is created the Georgia Crime Information Center Council.
2. The duties and responsibilities of the council are to:
   1. Advise and assist in the establishment of policies under which the center is to be operated;
   2. Ensure that the information obtained pursuant to this article shall be restricted to the items specified in this article and ensure that the center is administered so as not to accumulate any information or distribute any information that is not specifically approved in this article;
   3. Ensure that adequate security safeguards are incorporated so that the data available through this system is used only by properly authorized persons and agencies;
   4. Establish appropriate disciplinary measures to be taken by the center in the instance of violations of data reporting or dissemination of laws, rules, and regulations by criminal justice agencies or members thereof covered by this article; and
   5. Establish other policies which provide for the efficient and effective use and operation of the center under the limitations imposed by the terms of this article.
3. The members of the board shall serve ex officio as members of the council and shall constitute the council.

   (Ga. L. 1973, p. 1301, § 5; Ga. L. 1976, p. 617, § 7; Ga. L. 1979, p. 613, § 1; Ga. L. 1987, p. 3, § 35.)

35-3-33. Powers and duties of center generally.

1. The center shall:
   1. Obtain and file fingerprints, descriptions, photographs, and any other pertinent identifying data on persons who:
      1. Have been or are hereafter arrested or taken into custody in this state:
         1. For an offense which is a felony;
         2. For an offense which is a misdemeanor or a violation of an ordinance involving burglary tools, commercial gambling, dealing in gambling devices, contributing to the delinquency of a child, dealing in stolen property, dangerous drugs, marijuana, narcotics, firearms, dangerous weapons, explosives, pandering, prostitution, sexual offenses where children are victims, or worthless checks;
         3. For an offense charged as disorderly conduct but which relates to an act connected with one or more of the offenses under division (ii) of this subparagraph;
         4. As a fugitive from justice; or
         5. For any other offense designated by the Attorney General;
      2. Are or become career criminals, well-known offenders, or habitual offenders;
      3. Are currently or become confined to any prison, penitentiary, or other penal institution;
      4. Are unidentified human corpses found in this state;
      5. Are children who are charged with an offense that if committed by an adult would be a felony or are children whose cases are transferred from a juvenile court to another court for prosecution; or
      6. Are individuals for whom fingerprint based criminal history checks are authorized by this state's or federal law for the purpose of determining suitability or fitness for employment, placement, registration, a permit, or a license for an agency or qualified entity which is participating in the federal program that allows an ongoing and continuing review of such individual's criminal history; provided, however, that such fingerprints shall be retained and maintained securely and separately from records relating to the identification of criminals, and provided, further, that the center shall not file or retain fingerprints submitted for the purpose of obtaining or renewing a weapons carry license, as such term is defined in Code Section 16-11-125.1;
   2. Compare all fingerprint and other identifying data received with those already on file and, whether or not a criminal record is found for a person, at once inform the requesting agency or arresting officer of such facts as may be disseminated consistent with applicable security and privacy laws and regulations. A log shall be maintained of all disseminations made of each individual criminal history including at least the date and recipient of such information;
   3. Provide a uniform crime reporting system for the periodic collection, analysis, and reporting of crimes reported to and otherwise processed by any and all law enforcement agencies within the state, as defined and provided for in this article;
   4. Periodically conduct audits of crime reporting practices of criminal justice agencies to ensure compliance with the standards of national and state uniform crime reporting systems and to ensure reporting of criminal arrests, dispositions, and custodial information;
   5. Develop, operate, and maintain an information system which will support the collection, storage, retrieval, and dissemination of all crime and offender data described in this article consistent with those principles of scope, security, and responsiveness prescribed by this article;
   6. Cooperate with all criminal justice agencies within the state in providing those forms, procedures, standards, and related training assistance necessary for the uniform operation of the center;
   7. Offer assistance and, when practicable, instruction to all criminal justice agencies in establishing efficient local records systems;
   8. Compile statistics on the nature and extent of crime in the state and compile other data related to planning for and operating criminal justice agencies, provided that such statistics do not identify persons, and make available all such statistical information obtained to the Governor, the General Assembly, and any other governmental agencies whose primary responsibilities include the planning, development, or execution of crime reduction programs. Access to such information by the latter governmental agencies will be on an individual, written request basis wherein must be demonstrated a need to know, the intent of any analyses, dissemination of such analyses, and any security provisions deemed necessary by the center;
   9. Periodically publish in print or electronically statistics, no less frequently than annually, that do not identify persons and report such information to the Governor, the General Assembly, state and local criminal justice agencies, and the general public. Such information shall accurately reflect the level and nature of crime in the state and the operations in general of the different types of agencies within the criminal justice system;
   10. Make available, upon request, to all local and state criminal justice agencies, all federal criminal justice agencies, and criminal justice agencies in other states any information in the files of the center which will aid these agencies in the performance of their official duties, including but not limited to final disposition of offenses; sentencing information and conditions; orders modifying an earlier disposition; orders relating to probation, including modification, tolling, completion of active probation supervision, termination, revocation, or completion of orders entered pursuant to Article 3 of Chapter 8 of Title 42; and orders relating to parole, including modification, tolling, termination, and revocation. For this purpose the center shall operate on a 24 hour basis, seven days a week. Such information when authorized by the council may also be made available to any other agency of the state or political subdivision of the state and to any other federal agency upon assurance by the agency concerned that the information is to be used for official purposes only in the prevention or detection of crime or the apprehension of criminal offenders;
   11. Cooperate with other agencies of the state, the crime information agencies of other states, and the Uniform Crime Reports and National Crime Information Center systems of the Federal Bureau of Investigation in developing and conducting an interstate, national, and international system of criminal identification, records, and statistics;
   12. Provide the administrative mechanisms and procedures necessary to respond to those individuals who file requests to view their own records as provided for in this article and to cooperate in the correction of the central center records and those of contributing agencies when their accuracy has been successfully challenged either through the related contributing agencies or by court order issued on behalf of the individual;
   13. Institute the necessary measures in the design, implementation, and continued operation of the criminal justice information system to ensure the privacy and security of the system. This will include establishing complete control over use and access of the system and restricting its integral resources and facilities to those either possessed or procured and controlled by criminal justice agencies as defined in this article. Such security measures must meet standards to be set by the council as well as those set by the nationally operated systems for interstate sharing of information;
   14. Provide availability, by means of data processing, to files listing motor vehicle drivers' license numbers, motor vehicle registration numbers, wanted and stolen motor vehicles, outstanding warrants, identifiable stolen property, and such other files as may be of general assistance to criminal justice agencies;
   15. Receive and process fingerprints from the Supreme Court of Georgia Office of Bar Admissions for the purpose of determining whether or not an applicant for admission to the State Bar of Georgia has a criminal record. The processing shall include submission of fingerprints to the Georgia Bureau of Investigation and the Federal Bureau of Investigation for comparison to each of their respective files and data bases;
   16. Provide The Council of Superior Court Clerks of Georgia the data set forth in Code Section 21-2-231, without charge and in the electronic format requested;
   17. Notify the appropriate clerk of court that a defendant has completed his or her first offender sentence or was exonerated of guilt and discharged pursuant to subsection (g) of Code Section 42-8-60 within five days of such completion or exoneration;
   18. Submit fingerprints obtained pursuant to subparagraph (F) of paragraph (1) of this subsection to the Federal Bureau of Investigation for retention under the rules established by the United States Department of Justice for processing and identification of records. Such fingerprints shall be searched by future submissions to the Federal Bureau of Investigation and the center shall send appropriate responses to submitting and subscribing entities;
   19. Remove fingerprints obtained pursuant to subparagraph (F) of paragraph (1) of this subsection within ten days of being notified that an individual whose fingerprints were retained under such program is no longer employed by, volunteering for, placed by, or registered, licensed, or permitted by the participating agency or qualified entity. It shall also remove such fingerprints when such agency or qualified entity is no longer participating in such program. The center shall also notify the Federal Bureau of Investigation of such information; and
   20. Be authorized to charge an annual subscriber fee not to exceed $500.00 to any entity which is not a state agency that desires to participate in the program described in subparagraph (F) of paragraph (1) of this subsection.
2. Criminal justice agencies shall furnish upon written request and without charge to any local fire department in this state a copy, processed under purpose code "E", of the criminal history record information of an applicant for employment.
3. The provisions of this article notwithstanding, information and records of children shall only be inspected and disclosed as provided in Code Sections 15-11-702 and 15-11-708. Such records and information shall be sealed or destroyed according to the procedures outlined in Code Sections 15-11-701 and 15-11-709.

   (Ga. L. 1973, p. 1301, § 3; Ga. L. 1976, p. 617, § 5; Ga. L. 1980, p. 394, § 1; Ga. L. 1982, p. 3, § 35; Ga. L. 1982, p. 952, §§ 2, 4; Ga. L. 1984, p. 22, § 35; Ga. L. 1986, p. 513, § 1; Ga. L. 1992, p. 6, § 35; Ga. L. 1998, p. 842, § 7; Ga. L. 2000, p. 20, § 21; Ga. L. 2000, p. 1549, § 1; Ga. L. 2003, p. 334, § 2; Ga. L. 2007, p. 43, § 1/SB 62; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2013, p. 294, § 4-44/HB 242; Ga. L. 2014, p. 451, § 11/HB 776; Ga. L. 2016, p. 443, § 6B-2/SB 367; Ga. L. 2016, p. 864, § 35/HB 737; Ga. L. 2017, p. 622, § 2/SB 95; Ga. L. 2018, p. 507, §§ 1A-1, 1A-2/SB 336.)

The 2010 amendment, effective June 3, 2010, inserted "in print or electronically" in the first sentence of paragraph (a)(9).

The 2013 amendment, effective January 1, 2014, in subsection (c), substituted "Code Sections 15-11-702 and 15-11-708" for "Code Sections 15-11-82 and 15-11-83" in the first sentence, inserted "sealed or", and substituted "Code Sections 15-11-701 and 15-11-709" for "Code Sections 15-11-79.2 and 15-11-81" in the last sentence. See Editor's notes for applicability.

The 2014 amendment, effective July 1, 2014, deleted "and" at the end of paragraph (a)(14); substituted "; and" for a period at the end of paragraph (a)(15); and added paragraph (a)(16).

The 2016 amendments. The first 2016 amendment, effective July 1, 2016, at the end of the first sentence in paragraph (a)(10), added ", including but not limited to final disposition of offenses; sentencing information and conditions; orders modifying an earlier disposition; orders relating to probation, including modification, tolling, completion of active probation supervision, termination, revocation, or completion of orders entered pursuant to Article 3 of Chapter 8 of Title 42; and orders relating to parole, including modification, tolling, termination, and revocation"; deleted "and" at the end of paragraph (a)(15); substituted "; and" for the period at the end of paragraph (a)(16); and added paragraph (a)(17). The second 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, substituted "sexual offenses" for "sex offenses" near the end of division (a)(1)(A)(ii).

The 2017 amendment, effective July 1, 2017, substituted "Code Section 21-2-231" for "Code Sections 15-12-40.1 and 21-2-231" in paragraph (a)(16).

The 2018 amendment, effective July 1, 2018, deleted "or" at the end of subparagraph (a)(1)(D), added "or" at the end of subparagraph (a)(1)(E), and added subparagraph (a)(1)(F); deleted "and" at the end of paragraph (a)(16); substituted a semicolon for a period at the end of paragraph (a)(17); and added paragraphs (a)(18) through (a)(20).

Editor's notes. - Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: "This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions."

Law reviews. - For article, "Should Georgia Change Its Misdemeanor Arrest Laws to Authorize Issuing More Field Citations? Can Alternative Arrest Process Help Alleviate Georgia's Jail Overcrowding and Reduce the Time Arresting Officers Expend Processing Nontraffic Misdemeanor Offenses?," see 22 Ga. St. U.L. Rev. 313 (2005). For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 139 (2016). For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 175 (2003).

35-3-34. Disclosure and dissemination of criminal records to private persons and businesses; resulting responsibility and liability of issuing center; provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System.

1. The center shall be authorized to:
   1. Make criminal history records maintained by the center available to private persons and businesses under the following conditions:
      1. Private individuals and businesses requesting criminal history records shall, at the time of the request, provide the fingerprints of the person whose records are requested or provide a signed consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth;
      2. 1. The center shall not provide records of arrests, charges, or sentences when an individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 and has been exonerated and discharged without court adjudication of guilt as a matter of law or pursuant to a court order, including records relating to such defendant's bench warrants, failure to appear, and probation for such offense, except as specifically authorized by Code Section 42-8-63.1. The center shall not provide records of arrests, charges, or sentences when an individual has been sentenced as provided in Code Section 15-1-20, including records relating to such defendant's bench warrants, failure to appear, and probation for such offense, except as specifically authorized by Code Section 42-8-63.1.
         2. During the period of time after a defendant, who has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without court adjudication of guilt as a matter of law or pursuant to a court order, has completed active probation supervision through the remainder of such sentence, the center shall not provide records of arrests, charges, or sentences except as specifically authorized by Code Section 42-8-63.1.
         3. The center may provide records of arrests, charges, or sentences when an individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without court adjudication of guilt as a matter of law or pursuant to a court order, as specifically authorized by Code Section 42-8-63.1, while a defendant is under active probation supervision for such offense, or as provided in a court order;
      3. When the identifying information provided is sufficient to identify persons whose records are requested electronically, the center may disseminate electronically criminal history records of in-state felony convictions, pleas, and sentences without:
         1. Fingerprint comparison; or
         2. Consent of the person whose records are requested; and
      4. The center shall not provide records of arrests, charges, or dispositions when access has been restricted pursuant to Code Section 15-1-20, 35-3-37, or 42-8-62.1; or
   2. Make criminal history records of the defendant or witnesses in a criminal action available to counsel for the defendant upon receipt of a written request from the defendant's counsel under the following conditions:
      1. Such request shall contain the style of the case and the name and identifying information for each person whose records are requested.  Such request shall be submitted to the center;
      2. In cases where the court has determined the defendant to be indigent, any fees authorized by law shall be waived; and
      3. Disclosure of criminal history information to the defendant's counsel as provided in this paragraph shall be solely in such counsel's capacity as an officer of the court.  Any use of such information in a manner not authorized by law or the court in which such action is pending where the records were disclosed shall constitute a violation of Code Section 35-3-38; and
   3. Charge fees for disseminating records pursuant to this Code section which will raise an amount of revenue which approximates, as nearly as practicable, the direct and indirect costs to the state for providing such disseminations.
2. In the event that an employment decision is made adverse to a person whose record was obtained pursuant to this Code section, the person will be informed by the business or person making the adverse employment decision of all information pertinent to that decision. This disclosure shall include information that a record was obtained from the center, the specific contents of the record, and the effect the record had upon the decision. Failure to provide all such information to the person subject to the adverse decision shall be a misdemeanor.
3. Neither the center, its employees, nor any agency or employee of the state shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with the dissemination pursuant to this Code section and shall be immune from suit based upon any such claims.
4. Local criminal justice agencies may disseminate criminal history records, without fingerprint comparison or prior contact with the center, to private individuals and businesses under the same conditions as set forth in paragraph (1) of subsection (a) of this Code section and may charge fees as needed to reimburse such agencies for their direct and indirect costs related to the providing of such disseminations.

   (d.1) Reserved.

   (d.2) When identifying information provided is sufficient to identify persons whose records are requested, local criminal justice agencies may disseminate criminal history records of in-state felony convictions, pleas, and sentences without:

   (d.3) No fee charged pursuant to this Code section may exceed $20.00 per person whose criminal history record is requested or be charged to any person or entity authorized prior to January 1, 1995, to obtain information pursuant to this Code section without payment of such fee.

   (d.4) The center shall place a high priority on inquiries from any nuclear power facility requesting a criminal history and shall respond to such requests as expeditiously as possible, but in no event shall a response be made more than two business days following receipt of the request.

   1. Fingerprint comparison;
   2. Prior contact with the center; or
   3. Consent of the person whose records are requested.

      Such information may be disseminated to private individuals and businesses under the conditions specified in subparagraph (a)(1)(B) of this Code section upon payment of the fee for the request and when the request is made upon a form prescribed by the center. Such agencies may charge and retain fees as needed to reimburse such agencies for the direct and indirect costs of providing such information and shall have the same immunity therefor as provided in subsection (c) of this Code section.

5. 1. The Georgia Crime Information Center shall be authorized to provide criminal history records, wanted person records, and involuntary hospitalization records information to the Federal Bureau of Investigation in conjunction with the National Instant Criminal Background Check System in accordance with the federal Brady Handgun Violence Prevention Act, 18 U.S.C. Section 921, et seq.
   2. The records of the Georgia Crime Information Center shall include information as to whether a person has been involuntarily hospitalized. Notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Section 16-11-172, the Georgia Crime Information Center shall be provided such information and no other mental health information from the involuntary hospitalization records of the probate courts concerning persons involuntarily hospitalized after March 22, 1995, in a manner agreed upon by the Probate Judges Training Council and the Georgia Bureau of Investigation to preserve the confidentiality of patients' rights in all other respects. Further, notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Section 16-11-172, the center shall be provided information as to whether a person has been adjudicated mentally incompetent to stand trial or not guilty by reason of insanity at the time of the crime, has been involuntarily hospitalized, or both from the records of the clerks of the superior courts concerning persons involuntarily hospitalized after March 22, 1995, in a manner agreed upon by The Council of Superior Court Clerks of Georgia and the Georgia Bureau of Investigation to preserve the confidentiality of patients' rights in all other respects. After five years have elapsed from the date that a person's involuntary hospitalization information has been received by the Georgia Crime Information Center, the center shall purge its records of such information as soon as practicable and in any event purge such records within 30 days after the expiration of such five-year period.
   3. 1. The records of the center shall include information as to whether a person has been involuntarily hospitalized. In order to carry out the provisions of Code Section 16-11-129, the center shall be provided such information and no other mental health information from the records of the probate and superior courts ordering persons to be involuntarily hospitalized. With respect to probate court records, such information shall be provided in a manner agreed upon by the Probate Judges Training Council and the bureau. With respect to superior court records, such information shall be provided in a manner agreed upon by The Council of Superior Court Clerks of Georgia and the bureau. Such records shall be provided in a manner so as to preserve the confidentiality of patients' rights in all other respects.
      2. In order to carry out the provisions of Code Section 16-11-129, the center shall be provided information as to whether a person has been adjudicated mentally incompetent to stand trial or has been found not guilty by reason of insanity at the time of the crime. The clerk of court shall report such information to the center immediately but in no case later than ten days after such adjudication of mental incompetence or finding of not guilty by reason of insanity.
6. The council is empowered to adopt rules, regulations, and forms necessary to implement this Code section. The council shall promulgate regulations to ensure the identity, confidentiality, and security of all records and data provided in accordance with this Code section.

   (Ga. L. 1973, p. 1301, § 3; Ga. L. 1976, p. 1401, § 2; Ga. L. 1977, p. 1243, § 1; Ga. L. 1978, p. 1981, § 1; Ga. L. 1982, p. 3, § 35; Ga. L. 1988, p. 203, § 1; Ga. L. 1989, p. 1080, § 2; Ga. L. 1994, p. 1895, § 12; Ga. L. 1995, p. 139, § 3; Ga. L. 1995, p. 633, §§ 1, 2; Ga. L. 1996, p. 6, § 35; Ga. L. 2000, p. 1206, § 1; Ga. L. 2003, p. 840, § 1; Ga. L. 2005, p. 613, § 2/SB 175; Ga. L. 2006, p. 72, § 35/SB 465; Ga. L. 2006, p. 812, § 4/SB 532; Ga. L. 2012, p. 899, § 6-1/HB 1176; Ga. L. 2014, p. 599, § 1-13/HB 60; Ga. L. 2016, p. 443, § 6B-3/SB 367.)

The 2012 amendment, effective July 1, 2013, in subsection (a), deleted "and" at the end of subparagraph (a)(1)(B), substituted "and" for "or" at the end of subparagraph (a)(1)(C), and added subparagraph (a)(1)(D).

The 2014 amendment, effective July 1, 2014, added paragraph (e)(3).

The 2016 amendment, effective July 1, 2016, substituted the present provisions of subparagraph (a)(1)(B) for the former provisions, which read: "The center may not provide records of arrests, charges, and sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by Code Section 35-3-34.1 or other law;" and, in subparagraph (a)(1)(D), substituted "Code Section 15-1-20, 35-3-37, or 42-8-62.1" for "Code Section 35-3-37".

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1995, subsections (d.1) and (d.2), enacted by Ga. L. 1995, p. 633, § 2, were redesignated as subsections (d.2) and (d.3).

Pursuant to Code Section 28-9-5, in 1995, "subparagraph (a)(1)(B)" was substituted for "subparagraph (B) of paragraph (1) of subsection (a)" in the undesignated paragraph at the end of subsection (d.2).

Pursuant to Code Section 28-9-5, in 2005, the single quotes were deleted from "Brady Handgun Violence Prevention Act" at the end of paragraph (e)(1).

Editor's notes. - Ga. L. 1995, p. 139, § 7, not codified by the General Assembly, provides that no local ordinance which was in effect on March 22, 1995, shall be affected by Code Section 16-11-184 until January 1, 1996, at which time, unless enacted subsequent to March 22, 1995, as provided by that Code section, any such ordinance shall be of no further force or effect, and further provides that no ordinance or regulation attempting to regulate firearms in any manner shall be enacted by any county, city, or municipality after July 1, 1995.

Ga. L. 2012, p. 899, § 9-1/HB 1176, not codified by the General Assembly, provides that Part VI of this Act, which amended this Code section, shall become fully effective on July 1, 2013; provided, however, that for the purpose of preparing for implementation of Part VI of this Act, said part shall become effective on July 1, 2012.

Ga. L. 2014, p. 599, § 1-1/HB 60, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Safe Carry Protection Act.'"

Law reviews. - For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 290 (2012). For article on the 2014 amendment of this Code section, see 31 Ga. St. U.L. Rev. 47 (2014). For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 139 (2016). For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 137 (1994). For note on the 1995 amendment of this Code section and § 35-3-37 , see 12 Ga. St. U.L. Rev. 118 (1995). For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 179 (2003).

35-3-34.1. Circumstances when exonerated first offender's criminal record may be disclosed.

When a defendant has been exonerated and discharged without court adjudication of guilt pursuant to Article 3 of Chapter 8 of Title 42, the center is authorized to provide the first offender's record of arrests, charges, or sentences to the employers and entities and under the conditions set forth in Code Section 42-8-63.1.

(Code 1981, § 35-3-34.1 , enacted by Ga. L. 2003, p. 840, § 3; Ga. L. 2006, p. 72, § 35/SB 465; Ga. L. 2006, p. 164, § 1/HB 1335; Ga. L. 2009, p. 453, § 3-10/HB 228; Ga. L. 2011, p. 227, § 23/SB 178; Ga. L. 2013, p. 524, § 3-6/HB 78; Ga. L. 2016, p. 443, § 6B-4/SB 367.)

The 2011 amendment, effective July 1, 2011, inserted "assisted living community," near the middle of paragraph (a)(2).

The 2013 amendment, effective July 1, 2013, in paragraph (a)(2), substituted "long-term care facility as defined in Code Section 31-8-51" for "nursing home, assisted living community, personal care home," near the middle, and substituted "Article 8 of Chapter 5 of Title 16" for "Code Section 30-5-8" near the end.

The 2016 amendment, effective July 1, 2016, substituted the present provisions of this Code section for the former provisions, which read: "(a) Where an offender has been exonerated and discharged without court adjudication of guilt pursuant to Article 3 of Chapter 8 of Title 42, the center is authorized to provide the first offender's record of arrests, charges, or sentences if the offender was exonerated and discharged without a court adjudication of guilt on or after July 1, 2004, and either.

"(1) The request for information is an inquiry about a person who has applied for employment with a public school, private school, child welfare agency, or a person or entity that provides day care for minor children or after school care for minor children and the person who is the subject of the inquiry to the center was prosecuted for the offense of child molestation, sexual battery, enticing a child for indecent purposes, sexual exploitation of a child, pimping, pandering, or incest;

"(2) The request for information is an inquiry about a person who has applied for employment with a long-term care facility as defined in Code Section 31-8-51 or a person or entity that offers day care for elderly persons and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, pandering, or a violation of Article 8 of Chapter 5 of Title 16; or

"(3) The request for information is an inquiry about a person who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4-2 that provides services to persons who are mentally ill as defined in Code Section 37-1-1 or developmentally disabled as defined in Code Section 37-1-1, and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, or pandering.

"(b) First offender records including records of arrests, charges, or sentences may be released to any law enforcement unit and the Georgia Peace Officer Standards and Training Council where the request for information is an inquiry about a person who has applied for employment in a certified position or a person who is an applicant, candidate, or peace officer as defined in Code Section 35-8-2."

Cross references. - Discharges disqualifying individuals from employment, § 42-8-63.1 .

Law reviews. - For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 139 (2016). For note on the 2003 enactment of this Code section, see 20 Ga. St. U.L. Rev. 179 (2003).

35-3-34.2. Exchange of national criminal history background checks on providers of care to children, the elderly, and persons with disabilities.

1. It is the purpose of this Code section to authorize and facilitate, but not require, the exchange of national criminal history background checks with authorized agencies on behalf of qualified entities as authorized under federal law.
2. As used in this Code section, the term:
   1. "Authorized agency" means any local government agency designated to report, receive, or disseminate information under the NCPA and the VCA.
   2. "Care" means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.
   3. "FBI" means the Federal Bureau of Investigation.
   4. "National criminal history background check" means a fingerprint based check of state and national criminal history files based on submission of a set of classifiable fingerprints and records fee.
   5. "NCPA" means the National Child Protection Act of 1993, 42 U.S.C. Sections 3759, 5101 note, 5119, and 5119a through 5119c.
   6. "ORI" means an originating agency identifier.
   7. "Provider" means:
      1. A person who:
         1. Is employed by or volunteers with a qualified entity;
         2. Owns or operates a qualified entity; or
         3. Has or may have unsupervised access to a person to whom the qualified entity provides care; and
      2. A person who:
         1. Seeks to be employed by or volunteer with a qualified entity;
         2. Seeks to own or operate a qualified entity; or
         3. Seeks to have or may have unsupervised access to a person to whom the qualified entity provides care.
   8. "Qualified entity" means a business or organization, whether public, private, for profit, not for profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services.
   9. "VCA" means the Volunteers for Children Act, 42 U.S.C. Sections 5101 note, 5119a, and 5119b.
3. An authorized agency is responsible for the designation of qualified entities within its local jurisdiction and for the submission of national criminal history background checks as authorized under the NCPA and the VCA.
4. An authorized agency, other than a criminal justice agency as defined in Code Section 35-3-30, must request an ORI from the FBI for the express purpose of submitting national criminal history background checks under this Code section. Requests shall be made in writing to the FBI through the center.
5. National criminal history background checks shall be submitted directly to the center for a state records check; fingerprint cards shall then be forwarded to the FBI for a national check. The responses from both the state and national criminal history background checks shall be returned to the authorized agency.
6. The authorized agency may provide directly to the qualified entity the state criminal history record provided as part of the national criminal history background check.
7. An authorized agency shall be responsible for review of the national criminal history record provided as part of the national criminal history background check to determine whether the provider has been convicted of or is under indictment for a crime that bears upon the provider's fitness to have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities and to convey that determination to the qualified entity.
8. The qualified entity must obtain the fingerprints of the provider, communicate the fitness determination of the authorized agency to the provider, and notify the provider of his or her right to challenge the accuracy and completeness of any information contained in the national criminal history background check.
9. Fees charged for a national criminal history background check shall be determined based on reasonable costs as allowed under federal law.
10. The provisions of this Code section shall be supplementary to and not in place of any other law of this state which authorizes or requires background checks.
11. Any person, authorized agency, or qualified entity, or any person who is an employee of an authorized agency or qualified entity, shall not disseminate any criminal history or any information concerning any criminal history except the determination of fitness which such person obtains pursuant to this Code section. (Code 1981, § 35-3-34.2 , enacted by Ga. L. 2005, p. 1196, § 1/SB 6.)

Code Commission notes. - The enactment of Code Section 35-3-35.1 by Ga. L. 2005, p. 980, § 1, irreconcilably conflicted with and was treated as superseded by the enactment of Code Section 35-3-34.2 by Ga. L. 2005, p. 1196, § 1. See County of Butts v. Strahan, 151 Ga. 417 (1921).

Pursuant to Code Section 28-9-5, in 2005, in paragraph (b)(5), the quotation marks were deleted from "National Child Protection Act of 1993," and "5119, and 5119a through 5119c" was substituted for "5119, 5119(a) to 5119(c)"; and, in paragraph (b)(9), the quotation marks were deleted from "Volunteers for Children Act," and "5119a, and 5119b" was substituted for "5119(a) and 5119(b)".

35-3-35. Disclosure and dissemination of records to public agencies and political subdivisions; responsibility and liability of issuing center.

1. The center shall be authorized to:
   1. Make criminal history records maintained by the center available to public agencies, political subdivisions, authorities, and instrumentalities, including state or federal licensing and regulatory agencies or their designated representatives, under the following conditions:
      1. Public agencies or political subdivisions shall, at the time of the request, provide the fingerprints of the person whose records are requested in such manner prescribed by the center, which may include the electronic imaging of a person's fingerprints, or provide a signed consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth; provided, however, that the provisions of this paragraph shall supersede any other provision relating to the submission of fingerprints to the center;
      2. 1. The center shall not provide records of arrests, charges, or sentences when an individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 and has been exonerated and discharged without court adjudication of guilt as a matter of law or pursuant to a court order, including records relating to such defendant's bench warrants, failure to appear, and probation for such offense, except as specifically authorized by Code Section 42-8-63.1. The center shall not provide records of arrests, charges, or sentences when an individual has been sentenced as provided in Code Section 15-1-20, including records relating to such defendant's bench warrants, failure to appear, and probation for such offense, except as specifically authorized by Code Section 42-8-63.1.
         2. During the period of time after a defendant, who has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without court adjudication of guilt as a matter of law or pursuant to a court order, has completed active probation supervision through the remainder of such sentence, the center shall not provide records of arrests, charges, or sentences except as specifically authorized by Code Section 42-8-63.1.
         3. The center may provide records of arrests, charges, or sentences when an individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without court adjudication of guilt as a matter of law or pursuant to a court order, as specifically authorized by Code Section 42-8-63.1, while a defendant is under active probation supervision for such offense, or as provided in a court order;
      3. When the identifying information provided is sufficient to identify persons whose records are requested electronically, the center may disseminate electronically criminal history records of in-state felony convictions, pleas, and sentences without:
         1. Fingerprint comparison; or
         2. Consent of the person whose records are requested; and
      4. The center shall not provide records of arrests, charges, or dispositions when access has been restricted pursuant to Code Section 15-1-20, 35-3-37, or 42-8-62.1;

      (1.1) Make criminal history records maintained by the center available to any county board of registrars or county board of registration and election. The making of an application for voter registration shall be deemed to be consent of the person making the application to release such records to the county board of registrars or county board of registration and election. Such records shall be requested for the sole purpose of verification of information provided on voter registration cards by registration applicants;

      (1.2) Make criminal history records maintained by the center and national criminal history records maintained by the Federal Bureau of Investigation, obtained by the center, available to the governing authority of any county or municipality, for any applicant or licensee in a specified occupation for which such local governing authority has adopted an ordinance or resolution requiring such applicants or licensees in a particular occupation or profession regulated by the governing authority to be fingerprinted as a condition of submitting an application or obtaining or renewing a license. The center shall establish a uniform method of obtaining criminal history records required under this paragraph. Such uniform method shall require the submission to the center of two complete sets of fingerprints and the records search fee. Upon receipt thereof, the center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. After receiving the fingerprints and fee, the center shall notify the requesting local government authority in writing of any derogatory finding, including, but not limited to, any criminal record data regarding the fingerprint records check or if there is no such finding. Nothing in this paragraph shall prevent the local governing authority from obtaining national criminal history records directly from the Federal Bureau of Investigation, if an ordinance or resolution requiring the fingerprints of an applicant or licensee of a particular occupation or profession regulated by the local governing authority has been adopted by such governing authority of the county or municipality; and

   2. Charge fees for disseminating records pursuant to this Code section which will raise an amount of revenue which approximates, as nearly as practicable, the direct and indirect costs to the state for providing such disseminations.
2. In the event an employment or licensing decision is made adverse to a person whose record was obtained pursuant to this Code section, the person will be informed by the public agency, political subdivision, authority or instrumentality, or licensing or regulatory agency making the adverse employment decision of all information pertinent to that decision. This disclosure shall include information that a record was obtained from the center, the specific contents of the record, and the effect the record had upon the decision. Failure to provide all such information to the person subject to the adverse decision shall be a misdemeanor.
3. Neither the center, its employees, nor any agency or employee of the state shall be responsible for the accuracy of information disseminated nor have any liability for defamation, invasion of privacy, negligence, nor any other claim in connection with any dissemination pursuant to this Code section and shall be immune from suit based upon such claims.
4. Local criminal justice agencies may disseminate criminal history records to public agencies, political subdivisions, authorities, and instrumentalities, including state or federal licensing and regulatory agencies under the same conditions as set forth in paragraph (1) of subsection (a) of this Code section and may charge fees as necessary to reimburse such agencies for their direct and indirect costs associated with providing such disseminations.

   (d.1) When identifying information provided is sufficient to identify persons whose records are requested, local criminal justice agencies may disseminate criminal history records of in-state felony convictions, pleas, and sentences without:

   (d.2) No fee charged pursuant to this Code section may exceed $20.00 per person whose criminal history record is requested or be charged to any person or entity authorized prior to January 1, 1995, to obtain information pursuant to this Code section without payment of such fee.

   1. Fingerprint comparison;
   2. Prior contact with the center; or
   3. Consent of the person whose records are requested.

      Such information may be disseminated to entities to which such records may be made available under subsection (d) of this Code section under the conditions specified in subparagraph (a)(1)(B) of this Code section upon payment of the fee for the request and when the request is made upon a form prescribed by the center. Such agencies may charge and retain fees as needed to reimburse such agencies for the direct and indirect costs of providing such information and shall have the same immunity therefor as provided in subsection (c) of this Code section.

5. The council is empowered to adopt rules, regulations, and forms necessary to implement this Code section.

   (Ga. L. 1978, p. 1981, § 1; Ga. L. 1988, p. 203, § 2; Ga. L. 1990, p. 1831, § 1; Ga. L. 1992, p. 1009, § 1; Ga. L. 1995, p. 633, §§ 3, 4; Ga. L. 2000, p. 1206, § 2; Ga. L. 2003, p. 840, § 2; Ga. L. 2007, p. 43, §§ 2, 3/SB 62; Ga. L. 2016, p. 443, § 6B-5/SB 367.)

The 2016 amendment, effective July 1, 2016, substituted the present provisions of subparagraph (a)(1)(B) for the former provisions, which read: "The center may not provide records of arrests, charges, or sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by Code Section 35-3-34.1 or other law; and"; added "and" at the end of subdivision (a)(1)(C)(ii); and added subparagraph (a)(1)(D).

35-3-35.1. Superseded.

Code Commission notes. - The enactment of Code Section 35-3-35.1 by Ga. L. 2005, p. 980, § 1/HB 501, irreconcilably conflicted with and was treated as superseded by the enactment of Code Section 35-3-34.2 by Ga. L. 2005, p. 1196, § 1/SB 6. See County of Butts v. Strahan, 151 Ga. 417 (1921).

35-3-36. Duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to center; responsibility for accuracy.

1. All criminal justice agencies within the state shall submit to the center fingerprints, descriptions, photographs when specifically requested, and other identifying data on persons who have been lawfully arrested or taken into custody in the state for all felonies and for the misdemeanors and violations designated in subparagraph (a)(1)(A) of Code Section 35-3-33 and for persons in the categories enumerated in subparagraphs (a)(1)(B), (a)(1)(C), and (a)(1)(D) of Code Section 35-3-33.
2. It shall be the duty of all chiefs of police, sheriffs, prosecuting attorneys, courts, judges, clerks of court, community supervision officers, county or Department of Juvenile Justice juvenile probation officers, probation officers and private probation officers serving pursuant to Article 6 of Chapter 8 of Title 42, wardens or other persons in charge of penal and correctional institutions in this state, the Georgia Superior Court Clerks' Cooperative Authority, and the State Board of Pardons and Paroles to furnish the center with any other data deemed necessary by the center to carry out its responsibilities under this article.
3. All persons in charge of law enforcement agencies shall obtain or cause to be obtained fingerprints in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation, full-face and profile photographs if photo equipment is available, and other available identifying data of each person arrested or taken into custody for an offense of a type designated in paragraph (1) of subsection (a) of Code Section 35-3-33, of all persons arrested or taken into custody as fugitives from justice, and of all unidentified human corpses in their jurisdictions; but photographs need not be taken if it is known that photographs of the type listed taken within the previous year are on file. Fingerprints and other identifying data of persons arrested or taken into custody for offenses other than those designated may be taken at the discretion of the law enforcement agency concerned. Any person arrested or taken into custody and subsequently released without charge or cleared of the offense through court proceedings shall have any fingerprint record taken in connection therewith returned or deleted, as applicable, if the fingerprint record was taken in error or upon court order, and such dispositions shall be reported to the center.
4. Fingerprints and other identifying data required to be taken under subsection (c) of this Code section shall be forwarded within 24 hours after taking for filing and classification, but the period of 24 hours may be extended to cover any intervening holiday or weekend. Photographs taken shall be forwarded at the discretion of the agency concerned; but, if not forwarded, the fingerprint record shall be marked "Photo available" and the photographs shall be forwarded subsequently if the center so requests.
5. All persons in charge of law enforcement agencies shall submit to the center detailed descriptions of arrest warrants and related identifying data for all felonies and for the misdemeanors and violations designated in subparagraph (a)(1)(A) of Code Section 35-3-33 immediately upon determination of the fact that the warrant cannot be served for the reasons stated. If any such warrant is subsequently served or withdrawn, the law enforcement agency concerned must immediately notify the center of the service or withdrawal. In addition, the agency concerned must annually, no later than January 31 of each year, and at other times if requested by the center confirm to the center all such arrest warrants of this type which continue to be outstanding.
6. All persons in charge of state penal and correctional institutions shall obtain fingerprints in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation or as otherwise directed by the center and full-face and profile photographs of all persons received on commitment to these institutions. The prints and photographs so taken shall be forwarded to the center together with any other identifying data requested within ten days after the arrival at the institution of the person committed. At the time of release of any person committed to a correctional institution, the institution shall again obtain fingerprints as provided for in this subsection and forward them to the center within ten days along with any other related information requested by the center. Immediately upon release, the institution shall notify the center of the release of the person.
7. All persons in charge of law enforcement agencies, clerks of court or the Georgia Superior Court Clerks' Cooperative Authority as applicable, municipal judges when such judges do not have a clerk, magistrates, persons in charge of community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation offices, and the State Board of Pardons and Paroles shall transmit to the center the information described in Code Section 35-3-33 within 30 days of the creation or receipt of such information, except as provided in subsection (d) of this Code section, on the basis of the forms and instructions to be provided by the center.
8. All persons in charge of law enforcement agencies in this state shall furnish the center with any other identifying data required in accordance with guidelines established by the center. All law enforcement agencies and penal and correctional institutions in this state having criminal identification files shall cooperate in providing to the center copies of identifying data, as required in accordance with center guidelines, in those files as will aid in establishing the nucleus of the state criminal identification file.
9. All criminal justice agencies within the state shall submit to the center, periodically at a time and in such form as prescribed by the center, information regarding only the cases within its jurisdiction and in which it is or has been actively engaged.  Such report shall be known as the "uniform crime report" and shall contain crimes reported and otherwise processed during the period preceding the period of report, including the number and nature of offenses committed, the disposition of such offenses, and such other information as the center shall specify, relating to the method, frequency, cause, and prevention of crime.  The incident/complaint report forms used by criminal justice agencies shall, when applicable, include the identification of any victim who is a student and the name of the school attended by any such student.
10. Any governmental agency which is not included within the description of those departments and agencies required to submit the uniform crime report provided for in subsection (i) of this Code section but which desires to submit a report shall be furnished with the proper forms by the center. When a report is received by the center from a governmental agency not required to make a report, the information contained therein shall be included within the periodic compilation provided for in paragraph (9) of subsection (a) of Code Section 35-3-33.
11. Upon the request of the center, local law enforcement agencies shall periodically provide for audit samples of incident reports for the preceding reporting period so that the center may help ensure agency compliance with national and state uniform crime reporting requirements.
12. All law enforcement agencies within the state shall report to the center, in a manner prescribed by the center, all persons wanted by and all vehicles and identifiable property stolen from their jurisdictions. The report shall be made as soon as practicable after the investigating department or agency either ascertains that a vehicle or identifiable property has been stolen or obtains a warrant for an individual's arrest or determines that there are reasonable grounds to believe that the individual has committed the crime. In no event shall this time exceed 12 hours after the investigating department or agency determines that it has grounds to believe that a vehicle or property was stolen or that the wanted person should be arrested.
13. If at any time after making a report as required by subsection (l) of this Code section it is determined by the reporting department or agency that a person is no longer wanted due to his apprehension or any other factor or when a vehicle or property stolen is recovered, the law enforcement agency shall immediately notify the center of such status. Furthermore, if the agency making the apprehension or recovery is other than the one which made the original wanted or stolen report, then it shall immediately notify the originating agency of the full particulars relating to the apprehension or recovery.
14. Neither the center nor its employees shall be responsible for the accuracy of information contained in records representing wanted persons, missing persons, and stolen serial numbered property established in computerized files on the Georgia Criminal Justice Information System (CJIS) network or in computerized files maintained by the Federal Bureau of Investigation National Crime Information Center (NCIC). Criminal justice agencies establishing such records bear all responsibilities for entry, update, and removal as dictated by actions of criminal justice employees and officials.

    (Ga. L. 1973, p. 1301, § 4; Ga. L. 1976, p. 617, § 6; Ga. L. 1980, p. 396, § 2; Ga. L. 1982, p. 3, § 35; Ga. L. 1983, p. 884, § 4-1; Ga. L. 1984, p. 22, § 35; Ga. L. 1985, p. 149, § 35; Ga. L. 1992, p. 1022, § 1; Ga. L. 2001, p. 1024, § 1; Ga. L. 2002, p. 415, § 35; Ga. L. 2003, p. 336, § 1; Ga. L. 2003, p. 840, § 3A; Ga. L. 2012, p. 775, § 35/HB 942; Ga. L. 2015, p. 422, § 5-54/HB 310; Ga. L. 2016, p. 443, § 6B-6/SB 367; Ga. L. 2016, p. 864, § 35/HB 737.)

The 2012 amendment, effective May 1, 2012, part of an Act to revise, modernize, and correct the Code, in subsection (a), substituted "subparagraph (a)(1)(A) of Code Section 35-3-33" for "subparagraph (A) of paragraph (1) of Code Section 35-3-33", and substituted "subparagraphs (a)(1)(B), (a)(1)(C), and (a)(1)(D) of Code Section 35-3-33" for "subparagraphs (B), (C), and (D) of paragraph (1) of Code Section 35-3-33"; substituted "paragraph (1) of subsection (a) of Code Section 35-3-33" for "paragraph (1) of Code Section 35-3-33" in subsection (c); and substituted "paragraph (9) of subsection (a) of Code Section 35-3-33" for "paragraph (9) of Code Section 35-3-33" in subsection (j).

The 2015 amendment, effective July 1, 2015, substituted "community supervision officers, county or department of Juvenile Justice juvenile probation officers, probation officers serving pursuant to Article 6 of Chapter 8 of Title 42" for "parole and probation officers" near the middle of subsection (b); and substituted "community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation" for "state and county probation and parole" in the middle of subsection (g). See Editor's notes for applicability.

The 2016 amendments. The first 2016 amendment, effective July 1, 2016, in subsection (b), substituted "clerks of court, community supervision officers, county or Department of Juvenile Justice juvenile probation officers, probation officers and private probation officers serving pursuant to Article 6 of Chapter 8 of Title 42, wardens or other persons in charge of penal and correctional institutions in this state, the Georgia Superior Court Clerks' Cooperative Authority, and the State Board of Pardons and Paroles" for "community supervision officers, county or department of Juvenile Justice juvenile probation officers, probation officers serving pursuant to Article 6 of Chapter 8 of Title 42, wardens, or other persons in charge of penal and correctional institutions in this state"; near the end of subsection (c), substituted "or deleted, as applicable, if the fingerprint record was taken in error or upon court order, and such dispositions shall" for "if required by statute or upon court order and any such dispositions must also"; and rewrote subsection (g). The second 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, revised capitalization in subsection (b).

Editor's notes. - Ga. L. 2003, p. 840, § 3A, which amended this Code section, purported to amend Code Section 33-3-36 but actually amended Code Section 35-3-36.

Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015.

Law reviews. - For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015). For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 139 (2016). For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 179 (2003).

35-3-37. Review of individual's criminal history record information; definitions; privacy considerations; written application requesting review; inspection.

1. As used in this Code section, the term:
   1. "Drug court treatment program" means a treatment program operated by a drug court division in accordance with the provisions of Code Section 15-1-15.
   2. "Entity" means the arresting law enforcement agency, including county and municipal jails and detention centers.
   3. "Mental health treatment program" means a treatment program operated by a mental health court division in accordance with the provisions of Code Section 15-1-16.
   4. "Nonserious traffic offense" means any offense in violation of Title 40 which is not prohibited by Article 15 of Chapter 6 of Title 40 and any similar such offense under the laws of a state which would not be considered a serious traffic offense under the laws of this state if committed in this state.
   5. "Prosecuting attorney" means the Attorney General, a district attorney, or the solicitor-general who had jurisdiction where the criminal history record information is sought to be modified, corrected, supplemented, amended, or restricted. If the offense was a violation of a criminal law of this state which, by general law, may be tried by a municipal, magistrate, probate, or other court that is not a court of record, the term "prosecuting attorney" shall include the prosecuting officer of such court or, in the absence of such prosecuting attorney, the district attorney of the judicial circuit in which such court is located.
   6. "Restrict," "restricted," or "restriction" means that the criminal history record information of an individual relating to a particular charge shall be available only to judicial officials and criminal justice agencies for law enforcement or criminal investigative purposes or to criminal justice agencies for purposes of employment in accordance with procedures established by the center and shall not be disclosed or otherwise made available to any private persons or businesses pursuant to Code Section 35-3-34 or to governmental agencies or licensing and regulating agencies pursuant to Code Section 35-3-35.
   7. "Serious violent felony" shall have the same meaning as set forth in Code Section 17-10-6.1.
   8. "State" includes any state, the United States or any district, commonwealth, territory, or insular possession of the United States, and the Trust Territory of the Pacific Islands.
   9. "Veterans treatment program" means a treatment program operated by a veterans court division in accordance with the provisions of Code Section 15-1-17.
   10. "Youthful offender" means any offender who was less than 21 years of age at the time of his or her conviction.
2. Nothing in this article shall be construed so as to authorize any person, agency, corporation, or other legal entity of this state to invade the privacy of any citizen as defined by the General Assembly or as defined by the courts other than to the extent provided in this article.
3. The center shall make an individual's criminal history record information available for review by such individual or his or her designee upon written application to the center.
4. If an individual believes his or her criminal history record information to be inaccurate, incomplete, or misleading, he or she may request a criminal history record information inspection at the center. The center at which criminal history record information is sought to be inspected may prescribe reasonable hours and places of inspection and may impose such additional procedures or restrictions, including fingerprinting, as are reasonably necessary to assure the security of the criminal history record information, to verify the identities of those who seek to inspect such information, and to maintain an orderly and efficient mechanism for inspection of criminal history record information. The fee for inspection of criminal history record information shall not exceed $15.00, which shall not include the cost of the fingerprinting.
5. If the criminal history record information is believed to be inaccurate, incomplete, or misleading, the individual may request that the entity having custody or control of the challenged information modify, correct, supplement, or amend the information and notify the center of such changes within 60 days of such request. In the case of county and municipal jails and detention centers, such notice to the center shall not be required. If the entity declines to act within 60 days of such request or if the individual believes the entity's decision to be unsatisfactory, within 30 days of the end of the 60 day period or of the issuance of the unsatisfactory decision, whichever occurs last, the individual shall have the right to appeal to the court with original jurisdiction of the criminal charges in the county where the entity is located.
6. An appeal pursuant to subsection (e) of this Code section shall be to acquire an order from the court with original jurisdiction of the criminal charges that the subject information be modified, corrected, supplemented, or amended by the entity with custody of such information. Notice of the appeal shall be provided to the entity and the prosecuting attorney. A notice sent by registered or certified mail or statutory overnight delivery shall be sufficient service on the entity having custody or control of the disputed criminal history record information. The court shall conduct a de novo review and, if requested by a party, the proceedings shall be recorded.
7. 1. Should the court find by a preponderance of the evidence that the criminal history record information in question is inaccurate, incomplete, or misleading, the court shall order such information to be appropriately modified, corrected, supplemented, or amended as the court deems appropriate. Any entity with custody, possession, or control of any such criminal history record information shall cause each and every copy thereof in its custody, possession, or control to be altered in accordance with the court's order within 60 days of the entry of the order.
   2. To the extent that it is known by the requesting individual that an entity has previously disseminated inaccurate, incomplete, or misleading criminal history record information, he or she shall, by written request, provide to the entity the name of the individual, agency, or company to which such information was disseminated. Within 60 days of the written request, the entity shall disseminate the modification, correction, supplement, or amendment to the individual's criminal history record information to such individual, agency, or company to which the information in question has been previously communicated, as well as to the individual whose information has been ordered so altered.
8. Access to an individual's criminal history record information, including any fingerprints or photographs of the individual taken in conjunction with the arrest, shall be restricted by the center for the following types of dispositions:
   1. Prior to indictment, accusation, or other charging instrument:
      1. The case was never referred for further prosecution to the proper prosecuting attorney by the arresting law enforcement agency and:
9. The offense against such individual is closed by the arresting law enforcement agency. It shall be the duty of the head of the arresting law enforcement agency to notify the center whenever a record is to be restricted pursuant to this division within 30 days of such decision. A copy of the notice shall be sent to the accused and the accused's attorney, if any, by mailing the same by first-class mail within seven days of notifying the center; or

   (ii) The center does not receive notice from the arresting law enforcement agency that the offense has been referred to the prosecuting attorney or transferred to another law enforcement or prosecutorial agency of this state, any other state or a foreign nation, or any political subdivision thereof for prosecution and the following period of time has elapsed from the date of the arrest of such individual:

10. 1. When an individual had a felony charge dismissed or nolle prossed or was found not guilty of such charge but was convicted of a misdemeanor offense that was not a lesser included offense of the felony charge, such individual may petition the court in which he or she was accused or convicted, as applicable, or, if such charge was dismissed, the superior court in the county where the arrest occurred to restrict access to criminal history record information for the felony charge within four years of the arrest. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the arresting law enforcement agency and the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall grant an order restricting such criminal history record information if the court determines that the misdemeanor conviction was not a lesser included offense of the felony charge and that the harm otherwise resulting to the individual clearly outweighs the public interest in the criminal history record information being publicly available.
    2. When an individual was convicted of an offense and was sentenced to punishment other than the death penalty, but such conviction was vacated by the trial court or reversed by an appellate court or other post-conviction court, the decision of which has become final by the completion of the appellate process, and the prosecuting attorney has not retried the case within two years of the date the order vacating or reversing the conviction became final, such individual may petition the court in which he or she was convicted to restrict access to criminal history record information for such offense. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall determine whether granting an order restricting such criminal history record information is appropriate, giving due consideration to the reason the judgment was reversed or vacated, the reason the prosecuting attorney has not retried the case, and the public's interest in the criminal history record information being publicly available.
    3. When an individual's case has remained on the dead docket for more than 12 months, such individual may petition the court in which the case is pending to restrict access to criminal history record information for such offense. Such petition shall be served on the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall determine whether granting an order restricting such criminal history record information is appropriate, giving due consideration to the reason the case was placed on the dead docket; provided, however, that the court shall not grant such motion if an active warrant is pending for such individual.
    4. 1. When an individual was convicted in this state of a misdemeanor or a series of misdemeanors arising from a single incident, and at the time of such conviction such individual was a youthful offender, provided that such individual successfully completed the terms of his or her sentence and, since completing the terms of his or her sentence, has not been arrested for at least five years, excluding any arrest for a nonserious traffic offense, and provided, further, that he or she was not convicted in this state of a misdemeanor violation or under any other state's law with similar provisions of one or more of the offenses listed in subparagraph (B) of this paragraph, he or she may petition the court in which the conviction occurred to restrict access to criminal history record information. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall determine whether granting an order restricting such criminal history record information is appropriate, giving due consideration to the individual's conduct and the public's interest in the criminal history record information being publicly available.
       2. Record restriction shall not be appropriate if the individual was convicted of:
    5. When an individual was arrested on a fugitive from justice warrant as provided in Code Section 17-13-4, such individual may petition the superior court in the county where the arrest occurred to restrict access to criminal history record information for such warrant. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the arresting law enforcement agency and the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall grant an order restricting such criminal history record information if the court determines that circumstances warrant restriction and that the harm otherwise resulting to the individual clearly outweighs the public interest in the criminal history record information being publicly available.
11. 1. The center shall notify the arresting law enforcement agency of any criminal history record information, access to which has been restricted pursuant to this Code section, within 30 days of the date access to such information is restricted. Upon receipt of notice from the center that access to criminal history record information has been restricted, the arresting law enforcement agency or other law enforcement agency shall, within 30 days, restrict access to all such information maintained by such arresting law enforcement agency or other law enforcement agency for such individual's charge.
    2. An individual who has had criminal history record information restricted pursuant to this Code section may submit a written request to the appropriate county or municipal jail or detention center to have all records for such individual's charge maintained by the appropriate county or municipal jail or detention center restricted. Within 30 days of such request, the appropriate county or municipal jail or detention center shall restrict access to all such criminal history record information maintained by such appropriate county or municipal jail or detention center for such individual's charge.
    3. The center shall be authorized to unrestrict criminal history record information based on the receipt of a disposition report showing that the individual was convicted of an offense arising out of an arrest of which the information was restricted pursuant to this Code section.
12. If criminal history record information is restricted pursuant to this Code section and if the entity declines to restrict access to such information, the individual may file a civil action in the superior court where the entity is located. A copy of the civil action shall be served on the entity and prosecuting attorney for the jurisdiction where the civil action is filed, and they may become parties to the action. A decision of the entity shall be upheld only if it is determined by clear and convincing evidence that the individual did not meet the criteria set forth in subsection (h) or (j) of this Code section.
13. 1. For criminal history record information maintained by the clerk of court, an individual who has a record restricted pursuant to this Code section may petition the court with original jurisdiction over the charges in the county where the clerk of court is located for an order to seal all criminal history record information maintained by the clerk of court for such individual's charge. Notice of such petition shall be sent to the clerk of court and the prosecuting attorney. A notice sent by registered or certified mail or statutory overnight delivery shall be sufficient notice.
    2. The court shall order all criminal history record information in the custody of the clerk of court, including within any index, to be restricted and unavailable to the public if the court finds by a preponderance of the evidence that:
    3. Within 60 days of the court's order, the clerk of court shall cause every document, physical or electronic, in its custody, possession, or control to be restricted.
    4. The person who is the subject of such sealed criminal history record information may petition the court for inspection of the criminal history record information included in the court order. Such information shall always be available for inspection, copying, and use by criminal justice agencies and the Judicial Qualifications Commission.
14. 1. Except as provided in subsection (j) of this Code section, as to arrests occurring before July 1, 2013, an individual may, in writing, request the arresting law enforcement agency to restrict the criminal history record information of an arrest, including any fingerprints or photographs taken in conjunction with such arrest. Reasonable fees shall be charged by the arresting law enforcement agency and the center for the actual costs of restricting such records, provided that such fee shall not exceed $50.00.
    2. Within 30 days of receipt of such written request, the arresting law enforcement agency shall provide a copy of the request to the prosecuting attorney. Within 90 days of receiving the request, the prosecuting attorney shall review the request to determine if the request meets the criteria set forth in subsection (h) of this Code section for record restriction, and the prosecuting attorney shall notify the arresting law enforcement agency of his or her decision within such 90 day period. If the prosecuting attorney denies such request, he or she shall cite with specificity the reason for such denial in writing and attach to such denial any relevant documentation in his or her possession used to make such denial. There shall be a presumption that the prosecuting attorney does not object to the request to restrict the criminal history record information if he or she fails to respond to the request for a determination within the 90 day period set forth in this paragraph. The arresting law enforcement agency shall inform the individual of the prosecuting attorney's decision, and, if record restriction is approved by the prosecuting attorney, the arresting law enforcement agency shall restrict the criminal history record information within 30 days of receipt of the prosecuting attorney's decision.
    3. If a prosecuting attorney declines an individual's request to restrict access to criminal history record information, such individual may file a civil action in the superior court where the entity is located. A copy of the civil action shall be served on the entity and prosecuting attorney for the jurisdiction where the civil action is filed, and they may become parties to the action. A decision of the prosecuting attorney to decline a request to restrict access to criminal history record information shall be upheld unless the individual demonstrates by clear and convincing evidence that the arrest is eligible for record restriction pursuant to subsection (h) of this Code section and the harm otherwise resulting to the privacy of the individual clearly outweighs the public interest in the criminal history record information being publicly available.
    4. To restrict criminal history record information at the center, an individual shall submit a prosecuting attorney's approved record restriction request or a court order issued pursuant to paragraph (3) of this subsection to the center. The center shall restrict access to such criminal history record information within 30 days of receiving such information.
15. Nothing in this Code section shall give rise to any right which may be asserted as a defense to a criminal prosecution or serve as the basis for any motion that may be filed in any criminal proceeding. The modification, correction, supplementation, amendment, or restriction of criminal history record information shall not abate or serve as the basis for the reversal of any criminal conviction.
16. Any application to the center for access to or restriction of criminal history record information made pursuant to this Code section shall be made in writing on a form approved by the center. The center shall be authorized to develop and publish such procedures as may be necessary to carry out the provisions of this Code section. In adopting such procedures and forms, the provisions of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," shall not apply.
17. It shall be the duty of the entity to take such action as may be reasonable to prevent disclosure of information to the public which would identify any individual whose criminal history record information is restricted pursuant to this Code section.
18. If the center has notified a firearms dealer that an individual is prohibited from purchasing or possessing a handgun pursuant to Part 5 of Article 4 of Chapter 11 of Title 16 and if the prohibition is the result of such individual being involuntarily hospitalized within the immediately preceding five years, upon such individual or his or her attorney making an application to inspect his or her records, the center shall provide the record of involuntary hospitalization and also inform the individual or attorney of his or her right to a hearing before the judge of the probate court or superior court relative to such individual's eligibility to possess or transport a handgun.

1. If the offense is a misdemeanor or a misdemeanor of a high and aggravated nature, two years;
2. If the offense is a felony, other than a serious violent felony or a felony sexual offense specified in Code Section 17-3-2.1 involving a victim under 16 years of age, four years; or
3. If the offense is a serious violent felony or a felony sexual offense specified in Code Section 17-3-2.1 involving a victim under 16 years of age, seven years. If the center receives notice of the filing of an indictment subsequent to the restriction of a record pursuant to this division, the center shall make such record available in accordance with Code Section 35-3-34 or 35-3-35 . If the center does not receive notice of a charging instrument within 30 days of the applicable time periods set forth in this division, such record shall be restricted by the center for noncriminal justice purposes and shall be considered sealed. (B) The case was referred to the prosecuting attorney but was later dismissed; (C) The grand jury returned two no bills; or (D) The grand jury returned one no bill and the applicable time period set forth in division (ii) of subparagraph (A) of this paragraph has expired; and (2) After indictment or accusation:
   1. Except as provided in subsection (i) of this Code section, all charges were dismissed or nolle prossed;
   2. The individual was sentenced in accordance with the provisions of subsection (a) or (c) of Code Section 16-13-2 , and the individual successfully completed the terms and conditions of his or her probation;
   3. The individual pleaded guilty to or was found guilty of a violation of paragraph (2) or (3) of subsection (a) of Code Section 3-3-23 and was sentenced in accordance with the provisions of subsection (c) of Code Section 3-3-23 .1, and the individual successfully completed the terms and conditions of his or her probation;
   4. The individual successfully completed a drug court treatment program, mental health treatment program, or veterans treatment program, the individual's case has been dismissed or nolle prossed, and he or she has not been arrested during such program, excluding any arrest for a nonserious traffic offense; or
   5. The individual was acquitted of all of the charges by a judge or jury unless, within ten days of the verdict, the prosecuting attorney demonstrates to the trial court through clear and convincing evidence that the harm otherwise resulting to the individual is clearly outweighed by the public interest in the criminal history record information being publicly available because either:
      1. The prosecuting attorney was barred from introducing material evidence against the individual on legal grounds, including, without limitation, the granting of a motion to suppress or motion in limine; or
      2. The individual has been formally charged with the same or similar offense within the previous five years. (i) After the filing of an indictment or accusation, an individual's criminal history record information shall not be restricted if:
      1. The charges were nolle prossed or otherwise dismissed because: (A) Of a plea agreement resulting in a conviction of the individual for an offense arising out of the same underlying transaction or occurrence as the conviction; (B) The prosecuting attorney was barred from introducing material evidence against the individual on legal grounds, including, without limitation, the granting of a motion to suppress or motion in limine; (C) The conduct which resulted in the arrest of the individual was part of a pattern of criminal activity which was prosecuted in another court of the state or a foreign nation; or (D) The individual had diplomatic, consular, or similar immunity or inviolability from arrest or prosecution;
      2. The charges were tried and some but not all of the charges resulted in an acquittal; or
      3. The individual was acquitted of all charges but it is later determined that the acquittal was the result of jury tampering or judicial misconduct.
         1. Child molestation in violation of Code Section 16-6-4 ;
         2. Enticing a child for indecent purposes in violation of Code Section 16-6-5 ;
         3. Sexual assault by persons with supervisory or disciplinary authority in violation of Code Section 16-6-5.1 ;
         4. Keeping a place of prostitution in violation of Code Section 16-6-10 ;
         5. Pimping in violation of Code Section 16-6-11 ;
         6. Pandering by compulsion in violation of Code Section 16-6-14 ;
         7. Masturbation for hire in violation of Code Section 16-6-16 ;
         8. Giving massages in a place used for lewdness, prostitution, assignation, or masturbation for hire in violation of Code Section 16-6-17 ;
         9. Sexual battery in violation of Code Section 16-6-22.1 ;
         10. Any offense related to minors generally in violation of Part 2 of Article 3 of Chapter 12 of Title 16;
         11. Theft in violation of Chapter 8 of Title 16; provided, however, that such prohibition shall not apply to a misdemeanor conviction of shoplifting or refund fraud in violation of Code Section 16-8-14 or 16-8-14.1 , as applicable; or
         12. Any serious traffic offense in violation of Article 15 of Chapter 6 of Title 40.
             1. The criminal history record information has been restricted pursuant to this Code section; and
             2. The harm otherwise resulting to the privacy of the individual clearly outweighs the public interest in the criminal history record information being publicly available. (Code 1981, § 35-3-37 , enacted by Ga. L. 2012, p. 899, § 6-2/HB 1176; Ga. L. 2013, p. 222, § 14/HB 349; Ga. L. 2014, p. 79, § 3/SB 320; Ga. L. 2014, p. 404, § 2-2/SB 382; Ga. L. 2016, p. 443, § 6B-7/SB 367; Ga. L. 2018, p. 550, § 2-8/SB 407.)

The 2013 amendment, effective July 1, 2013, in paragraph (j)(1), substituted the present provisions of the first sentence for the former provisions, which read: "When an individual had felony charges dismissed or nolle prossed or was found not guilty of felony charges but was convicted of a misdemeanor offense or offenses arising out of the same underlying transaction or occurrence, such individual may petition the superior court in the county where the arrest occurred to restrict access to criminal history record information for such felony charges within four years of the arrest.", and, near the end of the last sentence, substituted "that the misdemeanor conviction was not a lesser included offense of the felony charge and that the harm otherwise resulting to the individual clearly outweighs the public interest in the criminal history record information being publicly available" for "the charges in question did not arise out of the same underlying transaction or occurrence"; in paragraph (n)(1), substituted "Except as provided in subsection (j) of this Code section, as" for "As" at the beginning of the first sentence; in paragraph (n)(2), in the second sentence, substituted "the request meets the criteria set forth in subsection (h) of this Code section for" for "he or she agrees to", and added the third and fourth sentences; in paragraph (n)(3), substituted the present provisions of the third sentence for the former provisions, which read: "A decision of the prosecuting attorney shall not be upheld if it is determined by clear and convincing evidence that the harm otherwise resulting to the privacy of the individual clearly outweighs the public interest in the criminal history record information being publicly available"; and, in paragraph (n)(4), substituted "of receiving" for "from receiving" in the last sentence. See Editor's notes for applicability.

The 2014 amendments. The first 2014 amendment, effective July 1, 2014, added present paragraph (a)(9); redesignated former paragraph (a)(9) as present paragraph (a)(10); and, near the middle of subparagraph (h)(2)(C), substituted a comma for "or" following "drug court treatment program" and inserted "or veterans treatment program,". The second 2014 amendment, effective July 1, 2014, substituted "shoplifting or refund fraud in violation of Code Section 16-8-14 or 16-8-14.1, as applicable" for "shoplifting in violation of Code Section 16-8-14" in division (j)(4)(B)(xi).

The 2016 amendment, effective July 1, 2016, at the end of paragraph (a)(6), added "or to governmental agencies or licensing and regulating agencies pursuant to Code Section 35-3-35"; rewrote subsection (h); and substituted the present provisions of paragraph (j)(5) for the former provisions, which read: "Any party may file an appeal of an order entered pursuant to this subsection as provided in Code Section 5-6-34.".

The 2018 amendment, effective July 1, 2018, inserted "court in which he or she was accused or convicted, as applicable, or, if such charge was dismissed, the" in the middle of the first sentence of paragraph (j)(1); substituted "petition the court in which he or she was convicted" for "petition the superior court in the county where the conviction occurred" near the end of the first sentence of paragraph (j)(2); and substituted "petition the court in which" for "petition the superior court in the county where" in the middle of the first sentence of paragraph (j)(3) and near the end of the first sentence of subparagraph (j)(4)(A).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2012, a period was added at the end of paragraph (j)(3).

Editor's notes. - Ga. L. 1995, p. 139, § 7, not codified by the General Assembly, provides that no local ordinance which was in effect on March 22, 1995, shall be affected by Code Section 16-11-184 until January 1, 1996, at which time, unless enacted subsequent to March 22, 1995, as provided by that Code section, any such ordinance shall be of no further force or effect, and further provides that no ordinance or regulation attempting to regulate firearms in any manner shall be enacted by any county, city, or municipality after July 1, 1995.

Ga. L. 1995, p. 139, § 8, not codified by the General Assembly, provides that subsection (f) of this Code section shall be repealed automatically upon a final judicial determination that such Act is invalid for any reason.

Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.

Ga. L. 2012, p. 899, § 6-2/HB 1176, effective July 1, 2013, repealed the former Code section and enacted the current Code section. The former Code section was based on Ga. L. 1973, p. 1301, § 6; Ga. L. 1995, p. 139, § 4; Ga. L. 1997, p. 1345, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2012, p. 775, § 35/HB 942.

Ga. L. 2012, p. 899, § 9-1/HB 1176, not codified by the General Assembly, provides, in part, that Part VI of this Act, which amended this Code section, shall become fully effective on July 1, 2013; provided, however, that for the purpose of preparing for implementation of Part VI of this Act, said part shall become effective on July 1, 2012.

Ga. L. 2013, p. 222, § 21/HB 349, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2013, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2013, shall be governed by the statute in effect at the time of such offense."

Ga. L. 2014, p. 79, § 1/SB 320, not codified by the General Assembly, provides that: "The General Assembly recognizes that veterans have provided and continue to provide an invaluable service to our country and this state. In connection with a veteran's service, some servicemen and servicewomen have incurred physical, emotional, or mental impairments which cause or contribute to behaviors that may draw a veteran into the criminal justice system. The General Assembly has determined that having dedicated veterans court divisions is important to address the specialized treatment needs of veterans and that there are resources, services, and treatment options that are unique to veterans that may best facilitate a veteran's reentry into society."

Ga. L. 2014, p. 404, § 3-1/SB 382, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2014, and shall apply to all conduct occurring on or after such date."

Law reviews. - For article on the 2012 enactment of this Code section, see 29 Ga. St. U.L. Rev. 290 (2012). For article, "Appeal and Error: Appeal or Certiorari by State in Criminal Cases," see 30 Ga. St. U.L. Rev. 17 (2013). For annual survey on criminal law, see 66 Mercer L. Rev. 37 (2014). For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 139 (2016). For note, "Give It to Me, I'm Worth It: The Need to Amend Georgia's Record Restriction Statute to Provide Ex-Offenders with a Second Chance in the Employment Sector," see 52 Ga. L. Rev. 267 (2017).

35-3-38. Unauthorized requests or disclosures of criminal history record information; disclosure of techniques used to ensure security or privacy of criminal history records.

1. Any person who knowingly requests, obtains, or attempts to obtain criminal history record information under false pretenses, or who knowingly communicates or attempts to communicate criminal history record information to any agency or person except in accordance with this article, or any member, officer, employee or agent of the center, the council, or any participating agency who knowingly falsifies criminal history record information or any records relating thereto shall for each such offense, upon conviction thereof, be fined not more than $5,000.00, or imprisoned for not more than two years, or both.
2. Any person who communicates or attempts to communicate criminal history record information in a negligent manner not in accordance with this article shall for each such offense, upon conviction thereof, be fined not more than $100.00, or imprisoned not more than ten days, or both.
3. Any person who knowingly discloses or attempts to disclose the techniques or methods employed to ensure the security and privacy of information or data contained in criminal justice information systems except in accordance with this article shall for each such offense, upon conviction thereof, be fined not more than $5,000.00, or imprisoned not more than two years, or both.
4. Any person who discloses or attempts to disclose the techniques or methods employed to ensure the security and privacy of information or data contained in criminal justice information systems in a manner not permitted by this article shall for each such offense, upon conviction thereof, be fined not more than $100.00, or imprisoned not more than ten days, or both.

   (Ga. L. 1973, p. 1301, § 7; Ga. L. 1976, p. 617, § 8; Ga. L. 1982, p. 3, § 35.)

35-3-39. Effect of neglect or refusal of official to act as required by article.

Any officer or official mentioned in this article who shall neglect or refuse to make any report or to do any act required by any provision of this article shall be deemed guilty of nonfeasance in office and subject to removal therefrom.

(Ga. L. 1973, p. 1301, § 8.)

35-3-39.1. National Crime Prevention and Privacy Compact; ratification; criminal history records repository.

1. As used in this Code section, the term:
   1. "Compact" means the National Crime Prevention and Privacy Compact established by Section 217 of the federal law.
   2. "Compact council" means the compact council established by Article VI of the compact.
   3. "Director" means the director of the Georgia Crime Information Center.
   4. "Federal law" means the National Crime Prevention and Privacy Compact Act of 1998 contained in Public Law 92-544, 42 U.S.C. Section 14616.
   5. "Interstate Identification Index System" or "III System" means the cooperative federal-state system for the exchange of criminal history records as provided for in the compact.
2. The National Crime Prevention and Privacy Compact established by federal law is ratified, enacted, and entered into by the State of Georgia. The compact shall become operative immediately upon approval of this state's participation by the United States Attorney General.
3. The director shall be the compact officer and shall be responsible for:
   1. Administering the compact within this state;
   2. Ensuring that compact provisions and rules, procedures, and standards established by the compact council are complied with in this state; and
   3. Regulating the in-state use of records received from the Federal Bureau of Investigation or other states party to the compact.
4. The center shall establish and maintain a criminal history record repository to provide:
   1. Information and records for the National Identification Index and the National Fingerprint File; and
   2. This state's III System-indexed criminal history records for noncriminal justice purposes described in Article IV of the compact.
5. This state shall comply with III System rules, procedures, and standards established pursuant to the compact concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of the III System operation.
6. Use of the III System by the center for noncriminal justice purposes authorized in the compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.
7. Administration of the compact provisions shall not reduce the level of services available to noncriminal justice users on the effective date of the compact with this state.
8. The center shall provide criminal history records, excluding sealed records, to criminal justice agencies and other governmental and nongovernmental agencies for noncriminal justice purposes as required by the compact.
9. Records obtained under the compact may be used only for the official purposes for which the records were requested and under such procedures established by the director in conformity with rules, procedures, and standards established pursuant to Article IV of the compact.
10. Notwithstanding any other law to the contrary, fingerprints or other forms of positive identification, as provided for in the compact, shall be submitted with all requests for criminal history record checks for noncriminal justice purposes authorized under the compact. Such records checks made pursuant to any other law of this state shall comply with this Code section, the compact, and federal law. (Code 1981, § 35-3-39.1 , enacted by Ga. L. 1999, p. 574, § 1; Ga. L. 2000, p. 136, § 35; Ga. L. 2000, p. 1549, § 2.)

Cross references. - Organized Crime Prevention Council, T. 35, C. 7.

Use of confidential, classified, or restricted records for research, § 50-18-101 .

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1999, "of 1998" was substituted for "of of 1998" in paragraph (a)(4).

Law reviews. - For note on 1999 enactment of this Code section, see 16 Ga. St. U.L. Rev. 227 (1999). For note, "Just You and Me and Netflix Makes Three: Implications for Allowing 'Frictionless Sharing' of Personally Identifiable Information under the Video Privacy Protection Act," see 20 J. Intell. Prop. L. 413 (2013).

35-3-40. Construction of article.

1. In the event of conflict, this article shall to the extent of the conflict supersede all existing statutes which regulate, control, or otherwise relate, directly or by implication, to the collection, storage, and dissemination or usage of fingerprint identification, offender criminal history, uniform crime reporting, and criminal justice activity data records or any existing statutes which relate directly or by implication to any other provisions of this article.
2. Notwithstanding subsection (a) of this Code section, this article shall not be understood to alter, amend, or supersede the statutes and rules of law governing the collection, storage, dissemination, or usage of records concerning individual juvenile offenders in which they are individually identified by name or by other means.

   (Ga. L. 1973, p. 1301, § 9.)

35-3-60. Short title.

This article shall be known and may be cited as the "Antiterrorism Act."

(Code 1981, § 35-3-60 , enacted by Ga. L. 1984, p. 22, § 35.)

Editor's notes. - Ga. L. 1984, p. 22, § 35, effective February 3, 1984, repealed former § 35-3-60 , which dealt with legislative findings (see now § 35-3-61(a) ), and enacted current § 35-3-60 . Former § 35-3-60 was based on Ga. L. 1983, p. 393, § 1.

35-3-61. Legislative findings; purpose; liberal construction.

1. This article is enacted as a direct response to the high level of reactivation of violent and terroristic acts against persons residing within the State of Georgia and in response to the outcry of the communities for assistance from the State of Georgia in combating these violent and terroristic acts.
2. The purpose of this article shall be to assist law enforcement personnel in the State of Georgia to identify, investigate, arrest, and prosecute individuals or groups of individuals who illegally threaten, harass, terrorize, or otherwise injure or damage the person or property of persons on the basis of their race, national origin, or religious persuasion.
3. It is the intent of the General Assembly that this article be interpreted and construed liberally to accomplish its purposes. (Code 1981, § 35-3-61 , enacted by Ga. L. 1983, p. 393, § 1; Ga. L. 1984, p. 22, § 35.)

Editor's notes. - The language formerly contained in subsection (a) of this Code section prior to the 1984 amendment is now contained in § 35-3-60 . See § 35-3-60 and notes thereto.

35-3-62. "Terroristic act" defined.

As used in this article, the term "terroristic act" means an act which constitutes a crime against the person or against the residence of an individual which is committed with the specific intent of and may reasonably be expected to instill fear into such person or persons or which is committed for the purpose of restraining that person or those persons from exercising their rights under the Constitution and laws of this state and the United States and any illegal act directed at other persons or their property because of those persons' political beliefs or political affiliations.

(Code 1981, § 35-3-62 , enacted by Ga. L. 1983, p. 393, § 1; Ga. L. 1984, p. 22, § 35; Ga. L. 1987, p. 3, § 35.)

35-3-63. Creation of task force; purposes.

There is established a special Antiterrorism Task Force within the Georgia Bureau of Investigation. This Antiterrorism Task Force shall operate independently of any other investigative operations within the Georgia Bureau of Investigation and shall devote itself to the tasks of identifying, investigating, arresting, and prosecuting individuals or groups of individuals who perform terroristic acts against a person or his residence on the basis of such person's race, national origin, or religious persuasion.

(Code 1981, § 35-3-63 , enacted by Ga. L. 1983, p. 393, § 1; Ga. L. 1984, p. 22, § 35.)

35-3-64. Confidentiality of investigative reports and identity of agents.

All efforts shall be made to maintain the confidentiality of the investigative efforts of the Antiterrorism Task Force and the identity of agents who operate in undercover assignments. Information may, however, be shared with other law enforcement agencies when, in the sole discretion of the director, the sharing of such information would not compromise the successful completion of the investigation or cases being made.

(Code 1981, § 35-3-64 , enacted by Ga. L. 1983, p. 393, § 1; Ga. L. 2005, p. 599, § 5/SB 146.)

35-3-65. Authority to work with other law enforcement agencies.

The Antiterrorism Task Force shall be authorized to work with and seek the assistance of other law enforcement agencies when, in the sole discretion of the director, such assistance would not compromise the successful completion of the investigations or cases being made.

(Code 1981, § 35-3-65 , enacted by Ga. L. 1983, p. 393, § 1; Ga. L. 2005, p. 599, § 6/SB 146.)

35-3-80. Definitions.

As used in this article, the term:

1. "Missing child" or "missing children" means a person or persons under the age of 18 years whose temporary or permanent residences are in, or are believed to be in, this state and who have been reported as missing to a law enforcement agency and whose location cannot be determined by that law enforcement agency.
2. "Missing child report" means a report prepared on a form designed by the Georgia Bureau of Investigation for the use by law enforcement agencies and private citizens to report information about missing children to the Missing Children Information Center. (Code 1981, § 35-3-80 , enacted by Ga. L. 1986, p. 659, § 1; Ga. L. 1988, p. 667, § 1.)

35-3-81. Establishment, development, maintenance, and operation of center; staff.

1. There is authorized within the Georgia Bureau of Investigation the Missing Children Information Center. The center shall serve as a central repository of information regarding missing children and shall collect and disseminate such information as is necessary to assist in the location of missing children.
2. Central responsibility for the development, maintenance, and operation of the center shall be vested in the supervisor of the center who shall be appointed by the director of the Georgia Bureau of Investigation.
3. The supervisor of the center shall maintain the necessary staff along with support services to be procured within the Georgia state government to enable the effective and efficient performance of the duties and responsibilities assigned to the center in this article.
4. All personnel of the center shall be administered according to appropriate special and standard schedules issued pursuant to the rules of the State Personnel Board. (Code 1981, § 35-3-81 , enacted by Ga. L. 1986, p. 659, § 1; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-54/HB 642.)

The 2012 amendment, effective July 1, 2012, substituted "issued pursuant to the rules of the State Personnel Board" for "by the State Personnel Administration" in subsection (d).

Editor's notes. - Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

35-3-82. Powers and duties.

1. The center may:
   1. Establish a system of intrastate communication of information relating to missing children;
   2. Provide a centralized file for the exchange of information on missing children within the state;
   3. Interface and connect with the National Crime Information Center for the exchange of information on missing children and children suspected of interstate travel;
   4. Collect, process, maintain, and disseminate information on missing children and unidentified bodies and strive to maintain or disseminate only accurate and complete information;
   5. Cooperate with the State Board of Education in compiling lists of missing children in this state for distribution to local school districts;
   6. Compile annual statistics on the number of missing children;
   7. Develop recommendations for better reporting and use of computer systems;
   8. Provide assistance to local law enforcement agencies providing fingerprint programs for children;
   9. Circulate a monthly bulletin of missing children to all law enforcement agencies in the state;
   10. Assist local law enforcement agencies in establishing direct computer access to the Missing Children Information Center;
   11. Act as a liaison between private citizens and law enforcement agencies regarding appropriate procedures for handling and responding to missing children reports; and
   12. Establish a toll-free telephone number to assist individuals and agencies in the reporting of missing children and information relative to missing children.
2. The center is authorized to join and participate in any network of state missing children centers or clearing-houses, specifically including but not limited to the National Center for Missing and Exploited Children. (Code 1981, § 35-3-82 , enacted by Ga. L. 1986, p. 659, § 1.)

35-3-83. Missing child reports.

Upon the filing of a police report by the parent, guardian, caretaker, governmental unit responsible for the child, or other person with legal custody of the child that a child is missing, the local law enforcement agency receiving such report shall notify all of its on-duty law enforcement officers of the existence of the missing child report, communicate the report to all other law enforcement agencies having jurisdiction in the county and all law enforcement agencies of jurisdictions geographically adjoining that of the local law enforcement agency, and transmit the report to the Missing Children Information Center.

(Code 1981, § 35-3-83 , enacted by Ga. L. 1986, p. 659, § 1; Ga. L. 2014, p. 481, § 1/SB 358.)

The 2014 amendment, effective July 1, 2014, substituted "parent, guardian, caretaker, governmental unit responsible for the child, or other person with legal custody of the child" for "parent or guardian".

35-3-84. Sending information to center.

Every law enforcement agency and the Georgia Bureau of Investigation shall transmit to the Missing Children Information Center any information which is acquired or collected pursuant to Code Section 35-1-8 or Code Section 35-3-4, which information would assist in the location of any missing child.

(Code 1981, § 35-3-84 , enacted by Ga. L. 1986, p. 659, § 1.)

35-3-85. Registration of related organizations.

Any public or private organization which makes lists of or maintains records on missing children as a primary activity of that organization and which seeks to operate in the State of Georgia shall register with the Missing Children Information Center.

(Code 1981, § 35-3-85 , enacted by Ga. L. 1986, p. 659, § 1.)

35-3-100. Short title.

This article shall be known and may be cited as the "Georgia Bureau of Investigation Nomenclature Act of 1995."

(Code 1981, § 35-3-100 , enacted by Ga. L. 1995, p. 925, § 3.)

35-3-101. Definitions.

As used in this article, the term:

1. "Badge" means any official badge used by employees of the Georgia Bureau of Investigation, either in the past or currently.
2. "Bureau" means the Georgia Bureau of Investigation, its divisions, or operations under its command.
3. "Director" means the director of the Georgia Bureau of Investigation.
4. "Emblem" means any official patch or other emblem worn currently or formerly or used by the Investigative Division, the Division of Forensic Sciences, the Georgia Crime Information Center, or any other division or operation under the command of the bureau to identify the bureau or its employees.
5. "Person" means any person, corporation, organization, or political subdivision of the State of Georgia.
6. "Seal" means any official symbol, mark, or abbreviation which represents and is used by the Investigative Division, the Division of Forensic Sciences, the Georgia Crime Information Center, or any other division or operation under the command of the bureau to identify the bureau or its employees.
7. "Willful violator" means any person who knowingly violates the provisions of this article. Any person who violates this article after being advised in writing by the director that such person's activity is in violation of this article shall be considered a willful violator and shall be considered in willful violation of this article. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and in willful violation of this article unless, upon learning of the violation, he or she immediately terminates the agency or other relationship with such violator. (Code 1981, § 35-3-101 , enacted by Ga. L. 1995, p. 925, § 3; Ga. L. 2004, p. 626, § 1.)

35-3-102. Permission required for use of bureau nomenclature.

Whoever, except with the written permission of the director, knowingly uses the words "Georgia Bureau of Investigation," "GBI," "agent of the Georgia Bureau of Investigation," "Division of Forensic Sciences," "DOFS," "Georgia Crime Information Center," "GCIC," or "State Crime Lab" in referring to Georgia's state crime lab in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production is approved, endorsed, or authorized by or associated with the bureau shall be in violation of this article.

(Code 1981, § 35-3-102 , enacted by Ga. L. 1995, p. 925, § 3; Ga. L. 2004, p. 626, § 2.)

35-3-103. Permission required for use of bureau symbols.

Any person who uses or displays any symbol, including any emblem, seal, or badge, current or historical, used by the bureau without written permission from the director shall be in violation of this article.

(Code 1981, § 35-3-103 , enacted by Ga. L. 1995, p. 925, § 3.)

35-3-104. Procedures for seeking permission to use bureau nomenclature or symbols.

Any person wishing permission to use either bureau nomenclature or symbols may request such permission in writing to the director. The director shall serve notice on the requesting party within 15 calendar days after receipt of the request of his or her decision on whether the person may use the nomenclature or the symbol. If the director does not respond within the 15 day time period, then the request is presumed to have been denied. The grant of permission under Code Section 35-3-102 or 35-3-103 shall be in the discretion of the director under such conditions as the director may impose. If the director denies such request and the person making such request reasonably believes that the director has acted in bad faith or based on an illegal motive, then the person may, within 15 days after the person's request was denied or granted on limited terms, file an appeal with the Board of Public Safety. The matter will then be considered before the board, but the burden will be with the person making the request to show that the request was improperly denied or limited.

(Code 1981, § 35-3-104 , enacted by Ga. L. 1995, p. 925, § 3.)

35-3-105. Injunction against violations.

Whenever there shall be an actual or threatened violation of Code Section 35-3-102 or 35-3-103, the director shall have the right to apply to the Superior Court of Fulton County or to the superior court of the county of residence of the violator for an injunction to restrain the violation.

(Code 1981, § 35-3-105 , enacted by Ga. L. 1995, p. 925, § 3.)

35-3-106. Civil penalties.

In addition to any other relief or sanction for a violation of Code Section 35-3-102 or 35-3-103, where the violation is willful, the director shall be entitled to collect a civil penalty in the amount of $500.00 for each violation. Further, when there is a finding of willful violation, the director shall be entitled to recover reasonable attorney's fees for bringing any action against the violator. The director shall be entitled to seek civil sanctions in the Superior Court of Fulton County or in the county of residence of the violator.

(Code 1981, § 35-3-106 , enacted by Ga. L. 1995, p. 925, § 3.)

35-3-107. Damage suits against violators.

Any person who has given money or any other item of value to another person due in part to such person's use of bureau nomenclature or symbols in violation of this article may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees.

(Code 1981, § 35-3-107 , enacted by Ga. L. 1995, p. 925, § 3.)

35-3-108. Criminal penalties.

Any person who violates the provisions of this article shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 nor more than $5,000.00 or to imprisonment for not less than one and not more than five years, or both. Each violation shall constitute a separate offense.

(Code 1981, § 35-3-108 , enacted by Ga. L. 1995, p. 925, § 3.)

35-3-150. Definitions.

As used in this article, the term:

1. "Board" means the Board of Public Safety.
2. "Crime lab" or "state crime lab" means the Division of Forensic Sciences of the Georgia Bureau of Investigation.
3. "Director" means the director of the Georgia Bureau of Investigation.
4. "Division" means the Division of Forensic Sciences of the Georgia Bureau of Investigation.
5. "Division director" means the director of the Division of Forensic Sciences of the Georgia Bureau of Investigation.
6. "Independent test" means a forensic analysis of evidence in the custody and possession of the state or any political subdivision or authority thereof conducted at the request of or on behalf of any person other than a prosecuting attorney, law enforcement officer, or other authorized agent of the state or which are ordered conducted by a court at the request of an accused.
7. "Regional medical examiner" shall have the same meaning as defined in paragraph (13) of Code Section 45-16-21.
8. "Rule" or "rules" means a rule or regulation adopted pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." (Code 1981, § 35-3-150 , enacted by Ga. L. 1997, p. 1421, § 3.)

35-3-151. Responsibilities.

The Division of Forensic Sciences of the Georgia Bureau of Investigation:

1. Shall provide a state-wide system of laboratories dedicated to conducting forensic analysis of evidence submitted to the laboratory by law enforcement agencies, prosecuting attorneys, coroners, and medical examiners;
2. Shall provide forensic services to the criminal justice system for the examination and analysis of evidence in the areas of medical examiner inquiries, latent fingerprints, photography, questioned documents, firearms and weapons, trace evidence, implied consent, blood alcohol, toxicology, chemistry, drugs, serology, DNA, and such other areas as the director may authorize or the board shall direct;
3. Shall establish standards for the identification, collection, transportation, and analysis of forensic evidence;
4. Shall facilitate independent testing or analysis of evidence within the possession, custody, or control of the division as provided in paragraph (3) of subsection (a) of Code Section 17-16-4, relating to discovery in criminal cases;
5. Shall provide for and establish uniform fees as approved by the board to be paid to medical examiners, dentists, and other professionals for participating in medical examiners' inquiries or coroners' inquests pursuant to Article 2 of Chapter 16 of Title 45, known as the "Georgia Death Investigation Act";
6. May assist in the training of law enforcement officers, prosecuting attorneys, coroners, and medical examiners as it relates to forensic sciences in cooperation with the Georgia Peace Officer Standards and Training Council, the Prosecuting Attorneys' Council of the State of Georgia, and the Georgia Coroner's Training Council, as appropriate; and
7. May assist in the training of judges and attorneys as it relates to forensic sciences in cooperation with the Institute of Continuing Judicial Education of Georgia and the Institute of Continuing Legal Education, as appropriate. (Code 1981, § 35-3-151 , enacted by Ga. L. 1997, p. 1421, § 3.)

35-3-152. Appointment, powers, and responsibilities of division director.

1. Responsibility for the development, maintenance, and operations of the division shall be vested in the division director.
2. The division director shall be appointed by the director of the Georgia Bureau of Investigation.
3. The division director may, with the approval of the board, establish such advisory panels as may be necessary to assist the director to maintain and improve quality control and customer satisfaction.
4. The division director shall appoint and maintain the necessary professional and support staff to enable the division to carry out its duties and responsibilities effectively and efficiently.
5. The division director may designate one or more members of the division staff as the official custodians of the records of the division. (Code 1981, § 35-3-152 , enacted by Ga. L. 1997, p. 1421, § 3.)

35-3-153. Chief medical examiner office created; appointment; responsibilities.

1. Within the division there shall be an office of chief medical examiner.
2. The chief medical examiner shall be appointed by the director. No person may be the chief medical examiner unless that person at the time of appointment is a pathologist certified in forensic pathology by the American Board of Pathology.
3. It shall be the duty of the chief medical examiner to:
   1. Establish death investigation regions throughout the state and establish policies concerning the requirements for appointment of regional medical examiners to oversee death investigation activities in each established region;
   2. Appoint regional medical examiners;
   3. Employ forensic consultants and other independent contractors with the approval of the division director;
   4. Organize and conduct regular educational sessions as may be needed for medical examiners and coroners in the state in cooperation with the Georgia Coroner's Training Council and the Georgia Police Academy;
   5. Maintain permanent death investigation records for all jurisdictions in the state;
   6. Establish death investigation guidelines for coroners and medical examiners; and
   7. Cooperate with other state agencies, as appropriate, to ensure public health and safety.
4. If there is a vacancy in the office of chief medical examiner or the chief medical examiner is disqualified or otherwise unable to perform the duties of said office, the division director shall be authorized to perform the duties of chief medical examiner. (Code 1981, § 35-3-153 , enacted by Ga. L. 1997, p. 1421, § 3.)

35-3-154. Division requirements.

The division shall:

1. Establish written standards and procedures for the administration of forensic testing. The division shall retain a copy of any procedure adopted pursuant to this paragraph which is modified for a period of five years from the date of its being superseded by the modification;
2. Adopt rules and regulations as required by law; and
3. In cooperation with the Georgia Peace Officer Standards and Training Council, provide for the training and certification of operators of such breath test equipment. A copy of such operator's certificate shall be prima-facie evidence in any civil, criminal, or administrative proceeding that such operator was qualified to operate such equipment. (Code 1981, § 35-3-154 , enacted by Ga. L. 1997, p. 1421, § 3.)

Administrative Rules and Regulations. - Implied consent, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Bureau of Investigation, Chapter 92-3.

35-3-154.1. Admission of reports from state crime laboratory.

1. A copy of a report of the methods and findings of any examination or analysis conducted by an employee of the state crime laboratory or an employee of a laboratory with which the state crime laboratory has a contract for the provision of laboratory or scientific examination or analysis, authenticated under oath, is prima-facie evidence in court proceedings in this state of the facts contained therein.
2. The report shall have the effect as if the person who performed the analysis or examination had personally testified and shall have an affidavit of the employee stating:
   1. That he or she is certified to perform the requisite analysis or examination;
   2. His or her experience as a chemist or analyst and as an expert witness testifying in court; and
   3. That he or she conducted the tests shown on the report using procedures approved by the bureau and the report accurately reflects his or her opinion regarding the results.
3. The prosecuting attorney shall serve a copy on the defendant's attorney of record, or on the defendant if pro se, prior to the first proceeding in which the report is to be used against the defendant.
4. Any report under this Code section shall contain notice of the right to demand the testimony of the person signing the report.
5. The defendant may object in writing any time after service of the report, but at least ten days prior to trial, to the introduction of the report. If objection is made, the judge shall require the employee to be present to testify. The state shall diligently investigate the witness's availability and report to the court. If the witness is not available on a timely basis, the court shall grant a continuance. (Code 1981, § 35-3-154.1 , enacted by Ga. L. 2004, p. 626, § 2.A; Ga. L. 2005, p. 60, § 35/HB 95; Ga. L. 2005, p. 503, § 1/HB 347.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2004, "state" was substituted for "State" in subsection (a); "stating:" was substituted for "stating that" at the end of the introductory paragraph in subsection (b); "That he" was substituted for "He" at the beginning of paragraphs (b)(1) and (b)(3); and "in which" was inserted in subsection (c).

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."

(Code 1981, § 35-3-155 , enacted by Ga. L. 1997, p. 1421, § 3.)

35-3-160. DNA analysis upon conviction of certain sex offenses.

1. As used in this article, the term:
   1. "Department" means the Department of Corrections.
   2. "Division" means the Division of Forensic Sciences of the Georgia Bureau of Investigation.
   3. "Detention facility" means a penal institution under the jurisdiction of the department used for the detention of persons convicted of a felony, including penal institutions operated by a private company on behalf of the department, inmate work camps, inmate boot camps, probation detention centers, and parole revocation centers. Such term shall also mean any facility operated under the jurisdiction of a sheriff used for the detention of persons convicted of a felony including a county jail or county correctional facility.
2. Any person convicted of a felony offense who is held in a detention facility or placed on probation shall at the time of entering the detention facility or being placed on probation have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony prior to July 1, 2011, and who currently is incarcerated in a detention facility, serving a probation sentence, or serving under the jurisdiction of the Board of Pardons and Paroles for such offense. It shall be the responsibility of the detention facility detaining or entity supervising a convicted felon to collect the samples required by this Code section and forward the sample to the division unless such sample has already been collected by the department or another agency or entity.
3. The 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 identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the bureau in a DNA data bank and shall be made available only as provided in Code Section 35-3-163 . (Code 1981, § 35-3-160 , enacted by Ga. L. 2011, p. 264, § 3-1/SB 80.)

Law reviews. - For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For note, "Padgett v. Donald: Why Not So Special," see 57 Mercer L. Rev. 673 (2006).

35-3-161. Time and procedure for withdrawal of blood samples.

1. 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.
2. 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.
3. 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 . (Code 1981, § 35-3-161 , enacted by Ga. L. 2011, p. 264, § 3-1/SB 80.)

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.

(Code 1981, § 35-3-162 , enacted by Ga. L. 2011, p. 264, § 3-1/SB 80.)

35-3-163. Dissemination of information in data bank to law enforcement officials; comparison of profile; request for search; separate statistical data base authorized; fee for search and comparative analysis.

1. It shall be the duty of the bureau to receive samples and to analyze, classify, and file the results of DNA identification characteristics of samples submitted pursuant to Code Section 35-3-160 and to make such information available as provided in this Code section. The results of an analysis and comparison of the identification of the characteristics from two or more biological samples shall be made available directly to federal, state, and local law enforcement officers upon a request made in furtherance of an official investigation of any criminal offense. A request may be made by personal contact, mail, or electronic means. The name of the requestor and the purpose for which the information is requested shall be maintained on file with the bureau.
2. Upon request from a prosecutor or law enforcement agency, the bureau may compare a DNA profile from an analysis of a sample from a suspect in a criminal investigation where the sample was obtained through a search warrant, consent of the suspect, court order, or other lawful means to DNA profiles lawfully collected and maintained by the bureau. The bureau shall not add a DNA profile of any such suspect to any DNA data bank except upon conviction as provided in this article.
3. 1. Upon his or her request, a copy of the request for search shall be furnished to any person identified and charged with an offense as the result of a search of information in the data bank. Only when a sample or DNA profile supplied by the requestor satisfactorily matches the requestor's profile in the data bank shall the existence of data in the data bank be confirmed or identifying information from the data bank be disseminated.
   2. The name of the convicted felon whose profile is contained in the data bank may be related to any other data bases which are constructed for law enforcement purposes and may be disseminated only for law enforcement purposes.
   3. Upon a showing by the accused in a criminal proceeding that access to the DNA data bank is material to the investigation, preparation, or presentation of a defense at trial or in a postconviction proceeding, a superior court having proper jurisdiction over such criminal proceeding shall direct the bureau to compare a DNA profile which has been generated by the accused through an independent test against the data bank, provided that such DNA profile has been generated in accordance with standards for forensic DNA analysis adopted pursuant to 42 U.S.C. Section 14131.
4. The bureau shall develop procedures governing the methods of obtaining information from the data bank in accordance with this Code section and procedures for verification of the identity and authority of the requestor. The bureau shall specify the positions in that agency which require regular access to the data bank and samples submitted as a necessary function of the job.
5. The bureau may create a separate statistical data base composed of DNA profiles of samples of persons whose identity is unknown. Nothing in this Code section or Code Section 35-3-164 shall prohibit the bureau from sharing or otherwise disseminating the information in the statistical data base with law enforcement or criminal justice agencies within or outside the state.
6. The bureau may charge a reasonable fee to search and provide a comparative analysis of DNA profiles in the data bank to any authorized law enforcement agency outside of this state. (Code 1981, § 35-3-163 , enacted by Ga. L. 2011, p. 264, § 3-1/SB 80; Ga. L. 2013, p. 141, § 35/HB 79.)

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, substituted "composed of DNA" for "comprised of DNA" in the first sentence of subsection (e).

U.S. Code. - The reference to 42 U.S.C. Section 14131, in this Code section, refers to provisions on quality assurance and proficiency testing standards for forensic DNA.

Law reviews. - For note, "A Modern Day Arthur Dimmesdale: Public Notification When Sex Offenders Are Released into the Community," see 12 Ga. St. U.L. Rev. 1187 (1995). For note, "Padgett v. Donald: Why Not So Special," see 57 Mercer L. Rev. 673 (2006).

35-3-164. Unlawful dissemination or use of information; obtaining sample without authority.

1. 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.
2. 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. (Code 1981, § 35-3-164 , enacted by Ga. L. 2011, p. 264, § 3-1/SB 80.)

35-3-165. Expungement of profile in data bank upon reversal and dismissal of conviction.

1. A person whose DNA profile has been included in the data bank pursuant to this article may request that it be expunged on the grounds that the conviction on which the authority for including his or her DNA profile was based has been reversed and the case dismissed. The bureau shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of a written request that such data be expunged, pursuant to this Code section, and a certified copy of the court order reversing and dismissing the conviction.
2. 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 is authorized until a court order directing expungement is obtained and submitted to the bureau. (Code 1981, § 35-3-165 , enacted by Ga. L. 2011, p. 264, § 3-1/SB 80.)

35-3-170. Short title.

This article shall be known and may be cited as the "Mattie's Call Act."

(Code 1981, § 38-3-110 , enacted by Ga. L. 2006, p. 539, § 1/HB 728; Code 1981, § 35-3-170 , as redesignated by Ga. L. 2008, p. 233, § 1/SB 202; Ga. L. 2014, p. 704, § 3/SB 23.)

Editor's notes. - Ga. L. 2014, p. 704, § 1/SB 23, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Stacey Nicole English Act.'"

Ga. L. 2014, p. 704, § 3/SB 23, effective July 1, 2013, reenacted this Code section without change.

Ga. L. 2014, p. 704, § 5/SB 23, approved by the Governor on April 24, 2014, provided that the effective date of this Code section is July 1, 2013. See Op. Att'y Gen. No. 76-76 for construction of effective date provisions that precede the date of approval by the Governor.

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. (Code 1981, § 38-3-111, enacted by Ga. L. 2006, p. 539, § 1/HB 728; Code 1981, § 35-3-171 , as redesignated by Ga. L. 2008, p. 233, § 1/SB 202; Ga. L. 2014, p. 704, § 3/SB 23.)

The 2014 amendment, effective July 1, 2013, added "and medically endangered persons" to the end of paragraph (1); in paragraph (3), deleted "local" following "means a" near the beginning and added "or other medically endangered persons" at the end; and added paragraph (4). See Editor's notes for effective dates that precede Governor's approval.

Editor's notes. - Ga. L. 2014, p. 704, § 1/SB 23, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Stacey Nicole English Act.'"

Ga. L. 2014, p. 704, § 5/SB 23, approved by the Governor on April 24, 2014, provided that the effective date of this Code section is July 1, 2013. See Op. Att'y Gen. No. 76-76 for construction of effective date provisions that precede the date of approval by the Governor.

35-3-172. Development and implementation of state-wide alert system for disabled adults and medically endangered persons.

1. 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.
2. 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. (Code 1981, § 38-3-112, enacted by Ga. L. 2006, p. 539, § 1/HB 728; Ga. L. 2007, p. 47, § 38/SB 103; Code 1981, § 35-3-172 , as redesignated by Ga. L. 2008, p. 233, § 1/SB 202; Ga. L. 2014, p. 704, § 3/SB 23.)

The 2014 amendment, effective July 1, 2013, designated the existing provisions of this Code section as subsection (a); in subsection (a), added "and medically endangered persons" at the end; and added subsection (b). See Editor's notes for effective dates that precede Governor's approval.

Editor's notes. - Ga. L. 2014, p. 704, § 1/SB 23, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Stacey Nicole English Act.'"

Ga. L. 2014, p. 704, § 5/SB 23, approved by the Governor on April 24, 2014, provided that the effective date of this Code section is July 1, 2013. See Op. Att'y Gen. No. 76-76 for construction of effective date provisions that precede the date of approval by the Governor.

35-3-173. Director to be state-wide coordinator for alert system.

1. The director is the state-wide coordinator of the alert system.
2. 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.
3. The director shall prescribe forms for use by local law enforcement agencies in requesting activation of the alert system.
4. 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.
5. 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. (Code 1981, § 38-3-113, enacted by Ga. L. 2006, p. 539, § 1/HB 728; Ga. L. 2007, p. 47, § 38/SB 103; Code 1981, § 35-3-173 , as redesignated by Ga. L. 2008, p. 233, § 1/SB 202; Ga. L. 2014, p. 704, § 3/SB 23.)

The 2014 amendment, effective July 1, 2013, added subsections (d) and (e). See Editor's notes for effective dates that precede Governor's approval.

Editor's notes. - Ga. L. 2014, p. 704, § 1/SB 23, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Stacey Nicole English Act.'"

Ga. L. 2014, p. 704, § 5/SB 23, approved by the Governor on April 24, 2014, provided that the effective date of this Code section is July 1, 2013. See Op. Att'y Gen. No. 76-76 for construction of effective date provisions that precede the date of approval by the Governor.

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.

(Code 1981, § 38-3-113.1, enacted by Ga. L. 2006, p. 539, § 1/HB 728; Code 1981, § 35-3-174 , as redesignated by Ga. L. 2008, p. 233, § 1/SB 202; Ga. L. 2011, p. 227, § 24/SB 178; Ga. L. 2014, p. 704, § 3/SB 23.)

The 2011 amendment, effective July 1, 2011, inserted "and assisted living communities" near the beginning of this Code section.

Editor's notes. - Ga. L. 2014, p. 704, § 1/SB 23, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Stacey Nicole English Act.'"

Ga. L. 2014, p. 704, § 3/SB 23, effective July 1, 2013, reenacted this Code section without change.

Ga. L. 2014, p. 704, § 5/SB 23, approved by the Governor on April 24, 2014, provided that the effective date of this Code section is July 1, 2013. See Op. Att'y Gen. No. 76-76 for construction of effective date provisions that precede the date of approval by the Governor.

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.

1. 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.
2. The bureau may enter into agreements with participants in the alert system to provide necessary support for the alert system. (Code 1981, § 38-3-114, enacted by Ga. L. 2006, p. 539, § 1/HB 728; Code 1981, § 35-3-175 , as redesignated by Ga. L. 2008, p. 233, § 1/SB 202; Ga. L. 2014, p. 704, § 3/SB 23.)

Editor's notes. - Ga. L. 2014, p. 704, § 1/SB 23, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Stacey Nicole English Act.'"

Ga. L. 2014, p. 704, § 3/SB 23, effective July 1, 2013, reenacted this Code section without change.

Ga. L. 2014, p. 704, § 5/SB 23, approved by the Governor on April 24, 2014, provided that the effective date of this Code section is July 1, 2013. See Op. Att'y Gen. No. 76-76 for construction of effective date provisions that precede the date of approval by the Governor.

35-3-176. Criteria for activating alert system.

1. 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.
2. 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.
3. The bureau may modify the criteria described by subsection (a) of this Code section as necessary for the proper implementation of the alert system. (Code 1981, § 38-3-115, enacted by Ga. L. 2006, p. 539, § 1/HB 728; Ga. L. 2007, p. 47, § 38/SB 103; Code 1981, § 35-3-176 , as redesignated by Ga. L. 2008, p. 233, § 1/SB 202; Ga. L. 2014, p. 704, § 3/SB 23.)

The 2014 amendment, effective July 1, 2013, inserted "or medically endangered person" throughout this Code section. See Editor's notes for effective dates that precede Governor's approval.

Editor's notes. - Ga. L. 2014, p. 704, § 1/SB 23, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Stacey Nicole English Act.'"

Ga. L. 2014, p. 704, § 5/SB 23, approved by the Governor on April 24, 2014, provided that the effective date of this Code section is July 1, 2013. See Op. Att'y Gen. No. 76-76 for construction of effective date provisions that precede the date of approval by the Governor.

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.

(Code 1981, § 38-3-116, enacted by Ga. L. 2006, p. 539, § 1/HB 728; Ga. L. 2007, p. 47, § 38/SB 103; Code 1981, § 35-3-177 , as redesignated by Ga. L. 2008, p. 233, § 1/SB 202; Ga. L. 2014, p. 704, § 3/SB 23.)

The 2014 amendment, effective July 1, 2013, deleted "local" preceding "law enforcement" three times throughout the Code section and inserted "or medically endangered person" in the second sentence. See Editor's notes for effective dates that precede Governor's approval.

Editor's notes. - Ga. L. 2014, p. 704, § 1/SB 23, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Stacey Nicole English Act.'"

Ga. L. 2014, p. 704, § 5/SB 23, approved by the Governor on April 24, 2014, provided that the effective date of this Code section is July 1, 2013. See Op. Att'y Gen. No. 76-76 for construction of effective date provisions that precede the date of approval by the Governor.

35-3-178. Obligations of agencies participating in alert system; participation of Georgia Lottery Corporation in disseminating alert information through retail establishments.

1. 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.
2. 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. (Code 1981, § 38-3-117, enacted by Ga. L. 2006, p. 539, § 1/HB 728; Ga. L. 2007, p. 47, § 38/SB 103; Code 1981, § 35-3-178 , as redesignated by Ga. L. 2008, p. 233, § 1/SB 202; Ga. L. 2014, p. 704, § 3/SB 23.)

Editor's notes. - Ga. L. 2014, p. 704, § 1/SB 23, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Stacey Nicole English Act.'"

Ga. L. 2014, p. 704, § 3/SB 23, effective July 1, 2013, reenacted this Code section without change.

Ga. L. 2014, p. 704, § 5/SB 23, approved by the Governor on April 24, 2014, provided that the effective date of this Code section is July 1, 2013. See Op. Att'y Gen. No. 76-76 for construction of effective date provisions that precede the date of approval by the Governor.

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. (Code 1981, § 38-3-118, enacted by Ga. L. 2006, p. 539, § 1/HB 728; Ga. L. 2007, p. 47, § 38/SB 103; Code 1981, § 35-3-179 , as redesignated by Ga. L. 2008, p. 233, § 1/SB 202; Ga. L. 2014, p. 704, § 3/SB 23.)

The 2014 amendment, effective July 1, 2013, inserted "or medically endangered person" twice in this Code section and substituted "person" for "adult" in paragraph (1). See Editor's notes for effective dates that precede Governor's approval.

Editor's notes. - Ga. L. 2014, p. 704, § 1/SB 23, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Stacey Nicole English Act.'"

Ga. L. 2014, p. 704, § 5/SB 23, approved by the Governor on April 24, 2014, provided that the effective date of this Code section is July 1, 2013. See Op. Att'y Gen. No. 76-76 for construction of effective date provisions that precede the date of approval by the Governor.

35-3-180. Immunity from civil damages for dissemination of alert information.

1. 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.
2. 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. (Code 1981, § 38-3-119, enacted by Ga. L. 2006, p. 539, § 1/HB 728; Code 1981, § 35-3-180 , as redesignated by Ga. L. 2008, p. 233, § 1/SB 202; Ga. L. 2014, p. 704, § 3/SB 23.)

Editor's notes. - Ga. L. 2014, p. 704, § 1/SB 23, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Stacey Nicole English Act.'"

Ga. L. 2014, p. 704, § 3/SB 23, effective July 1, 2013, reenacted this Code section without change.

Ga. L. 2014, p. 704, § 5/SB 23, approved by the Governor on April 24, 2014, provided that the effective date of this Code section is July 1, 2013. See Op. Att'y Gen. No. 76-76 for construction of effective date provisions that precede the date of approval by the Governor.

35-3-190. State-wide alert system for unapprehended murder or rape suspects determined to be serious public threats.

1. There is established a state-wide alert system known as "Kimberly's Call."
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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. (Code 1981, § 38-3-120 , enacted by Ga. L. 2006, p. 539, § 1/HB 728; Code 1981, § 38-3-130 , as redesignated by Ga. L. 2007, p. 47, § 38/SB 103; Code 1981, § 35-3-190 , as redesignated by Ga. L. 2008, p. 233, § 1/SB 202; Ga. L. 2014, p. 444, § 2-10/HB 271.)

The 2014 amendment, effective July 1, 2014, substituted "murder, felony murder, or murder in the second degree" for "murder" in the middle of subsection (c).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2006, "of this Code section" was inserted in the first sentence of subsection (f) (now subsection (g)).

Editor's notes. - Ga. L. 2007, p. 47, § 38(7)/SB 103, effective May 11, 2007, redesignated former Code Section 38-3-120 as present Code Section 38-3-130.

Ga. L. 2008, p. 233, § 1/SB 202, purported to amend and redesignate Code Section 38-3-120 as this Code section but actually amended and redesignated Code Section 38-3-130 as this Code section.

35-3-191. State-wide alert system for suspects of crimes involving death or serious injury of peace officer; alert system for missing peace officer.

1. There is established a state-wide alert system known as "Blue Alert" which shall be developed and implemented by the director.
2. As used in this Code section, the term:
   1. "Law enforcement agency" means a law enforcement agency with jurisdiction over the search for a suspect in a case involving the death or serious injury of a peace officer or an agency employing a peace officer who is missing in the line of duty.
   2. "Peace officer" means a person who is certified to exercise the powers of arrest.
3. The "Blue Alert" system may be activated when a suspect for a crime involving the death or serious injury of a peace officer has not been apprehended and law enforcement personnel have determined that the suspect may be a serious threat to the public and also when a peace officer becomes missing while in the line of duty under circumstances warranting concern for such peace officer's safety.
4. The provisions of Code Sections 35-3-173, 35-3-175, and 35-3-178 shall also apply to "Blue Alert" as set forth in this Code section.
5. Upon notification by a law enforcement agency that a suspect in a case involving the death or serious injury of a peace officer has not been apprehended and may be a serious threat to the public, the director shall activate the "Blue Alert" system and notify appropriate participants in the "Blue Alert" system, as established by rule, if:
   1. A law enforcement agency believes that a suspect has not been apprehended;
   2. A 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.

      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.

6. Upon notification by a law enforcement agency that a peace officer is missing while in the line of duty under circumstances warranting concern for such peace officer's safety, the director shall activate the "Blue Alert" system and notify appropriate participants in the "Blue Alert" system if sufficient information is available to disseminate to the public that could assist in locating the missing peace officer. 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 officer is within a certain geographic location.
7. Before requesting activation of the "Blue Alert" system, a law enforcement agency shall verify that the criteria described by subsection (e) or (f) of this Code section have been satisfied. The law enforcement agency shall assess the appropriate boundaries of the alert based on the nature of the suspect and the circumstances surrounding the crime or the last known location of the missing peace officer.
8. The director shall terminate any activation of the "Blue Alert" system with respect to a particular incident if:
   1. The suspect or peace officer is located or the incident is otherwise resolved; or
   2. The director determines that the "Blue Alert" system is no longer an effective tool for locating the suspect or peace officer.

      Law enforcement agencies shall notify the director immediately when the suspect is located and in custody or the peace officer is found.

9. Any entity or individual involved in the dissemination of a "Blue Alert" generated pursuant to this Code section shall not be liable for any civil damages arising from such dissemination. (Code 1981, § 35-3-191 , enacted by Ga. L. 2010, p. 521, § 1/SB 397.)

Effective date. - This Code section became effective July 1, 2010.

Cross references. - Obstructing or hindering law enforcement officers, § 16-10-24 .

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:
   1. A terrorist attack;
   2. A hostile military or paramilitary action; or
   3. An extraordinary law enforcement emergency, as designated by the Governor. (Code 1981, § 35-3-200 , enacted by Ga. L. 2016, p. 91, § 5/SB 416; Ga. L. 2018, p. 681, § 2-1/HB 779.)

The 2018 amendment, effective July 1, 2018, added ", as designated by the Governor" at the end of subparagraph (3)(C).

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.

(Code 1981, § 35-3-201 , enacted by Ga. L. 2016, p. 91, § 5/SB 416; Ga. L. 2018, p. 681, § 2-1/HB 779.)

The 2018 amendment, effective July 1, 2018, inserted "as a distinct division" in the first sentence and added the third sentence.

35-3-202. Responsibilities of director for center operations.

Reserved. Repealed by Ga. L. 2018, p. 681, § 2-1/HB 779, effective July 1, 2018.

Editor's notes. - This Code section was based on Code 1981, § 35-3-202 , enacted by Ga. L. 2016, p. 91, § 5/SB 416.

35-3-203. Cooperative activities of center.

1. 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.
2. 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. (Code 1981, § 35-3-203 , enacted by Ga. L. 2016, p. 91, § 5/SB 416; Ga. L. 2018, p. 681, § 2-1/HB 779.)

The 2018 amendment, effective July 1, 2018, deleted "director through the" following "The" near the beginning of subsection (a); deleted "the bureau," following "liaise with" near the beginning of subsection (b); deleted former subsection (c), which read: "The center shall allow unrestricted access to secure communications equipment to the director of emergency management and homeland security and his or her representatives who possess the appropriate federally approved security clearances for the dissemination of homeland security activity information by the United States Department of Homeland Security."; and deleted former subsection (d), which read: "The director of emergency management and homeland security shall serve as this state's security manager for the purpose of identifying and processing state personnel for security clearances through the United States Department of Homeland Security."

35-3-204. Membership; availability of analysts.

1. 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.
2. 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. (Code 1981, § 35-3-204 , enacted by Ga. L. 2016, p. 91, § 5/SB 416; Ga. L. 2018, p. 681, § 2-1/HB 779.)

The 2018 amendment, effective July 1, 2018, in subsection (a), deleted "of emergency management and homeland security in consultation with the director" following "the director" at the end of the first sentence, in the second sentence, substituted "may assign" for "shall assign" near the beginning, deleted "of emergency management and homeland security" following "the director" at the end; and, in subsection (b), in the first sentence, substituted "may maintain" for "shall maintain" near the beginning, and deleted "as needed" following "in the center" near the middle, and added the second sentence.

35-4-1. Short title.

This chapter shall be known as and may be cited as the "Georgia Police Academy Act."

(Ga. L. 1962, p. 535, § 1.)

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, conservation rangers 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.

   (Ga. L. 1962, p. 535, § 2; Ga. L. 1975, p. 1175, § 1.)

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.

(Ga. L. 1962, p. 535, § 5; Ga. L. 1975, p. 1175, § 5.)

35-4-4. Powers and duties of board as to establishment, operation, and maintenance of academy generally.

1. 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.
2. The board is authorized and directed to select a site for the academy.

   (Ga. L. 1962, p. 535, § 4; Ga. L. 1975, p. 1175, §§ 3, 6.)

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.

(Ga. L. 1962, p. 535, § 5; Ga. L. 1975, p. 1175, § 5.)

35-4-6. Selection, powers, and duties of superintendent of academy.

1. 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.
2. The superintendent shall be responsible to the board for the management and control of the academy and shall report directly to the board.
3. 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.

   (Ga. L. 1962, p. 535, § 5; Ga. L. 1975, p. 1175, §§ 4, 5; Ga. L. 2001, p. 311, § 1.)

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.

1. 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.
2. The board is authorized to prescribe by rules and regulations fees to cover all or a part of the cost of furnishing such training.
3. 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.
4. The board is given full authority to decide who shall be allowed to enroll in the training programs at the academy.

   (Ga. L. 1962, p. 535, § 6; Ga. L. 1982, p. 3, § 35.)

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.

(Ga. L. 1980, p. 543, § 4; Ga. L. 1992, p. 6, § 35.)

Cross references. - Further provisions regarding training program for coroners and deputy coroners, § 45-16-60 et seq.

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.

(Ga. L. 1962, p. 535, § 7.)

35-5-1. Short title.

This chapter shall be known and may be cited as the "Georgia Public Safety Training Center Act."

(Ga. L. 1980, p. 429, § 1; Ga. L. 1993, p. 91, § 35.)

Cross references. - Use of retired unmarked pursuit cars for training, § 35-2-57 .

35-5-2. Board authorized to establish, operate, and maintain center; powers of board as to selection and compensation of administrator.

1. 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, 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.
2. The board is authorized and directed to select a site for the center.
3. The board shall select the administrator of the center and establish the compensation for the administrator.
4. 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.

   (Ga. L. 1980, p. 429, § 2; Ga. L. 2006, p. 1057, § 1/SB 581.)

35-5-3. Assignment to Department of Public Safety for administrative purposes; authorization to solicit and accept gifts, grants, donations, property, and services.

1. The center is assigned to the Department of Public Safety for administrative purposes only as prescribed in Code Section 50-4-3.
2. 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.

   (Ga. L. 1980, p. 429, § 4; Ga. L. 1982, p. 3, § 35.)

Cross references. - Use of retired unmarked pursuit cars for training, § 35-2-57 .

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.

(Ga. L. 1980, p. 429, § 3.)

Cross references. - Use of retired unmarked pursuit cars for training, § 35-2-57 .

35-5-5. Center available for use by certain personnel; fees; enrollment; authorization for expenditure of funds; powers and duties.

1. Subject to such rules and regulations as shall be prescribed by the board, the facilities of the center may be made available to all state and local law enforcement officers, firefighters, emergency medical personnel, and correctional personnel and may also be made available to other persons who evidence interest in entering the fields of law enforcement, fire fighting, emergency medical services, or corrections.
2. The board is authorized to prescribe and collect such fees as are necessary to defray all or a portion of the cost of furnishing such training and the use of the facilities of the center.
3. The state and counties and municipalities of this state are authorized to expend funds for the purpose of paying the fees assessed for use of the center. The board shall have the authority to determine who shall be allowed to enroll and participate in the training programs of the center and who shall be allowed to utilize the facilities of the center.
4. Subject to such rules and regulations as shall be prescribed by the board, the Georgia Public Safety Training Center shall have the following powers and duties in connection with the training of peace officers, emergency medical personnel, and law enforcement support personnel:
   1. To train instructors authorized to conduct training of peace officers, emergency medical personnel, and law enforcement support personnel;
   2. To reimburse or provide for certain costs incurred in training peace officers, emergency medical personnel, and law enforcement support personnel employed or appointed by each agency, organ, or department of this state, counties, and municipalities to the extent that funds are appropriated for such purpose by the General Assembly. In the event sufficient funds are not appropriated for a fiscal year to fund the full cost provided for in this paragraph, then the amount which would otherwise be payable shall be reduced pro rata on the basis of the funds actually appropriated. As used in this paragraph, the terms "cost" and "costs" shall not include travel or salaries of personnel undergoing training and shall be limited exclusively to the cost of tuition, meals, and lodging which are incurred in connection with such training;
   3. To expend funds appropriated or otherwise available to the center for paying the costs of training provided under subsection (a) of Code Section 35-8-20, other than travel expenses and salaries of police chiefs or department heads of law enforcement units and wardens of state institutions undergoing training, and shall expend such funds for purposes of compensating a training officer to administer the course of training and conduct any business associated with the training provisions of said Code Section 35-8-20;
   4. To expend funds appropriated or otherwise available to the center for paying the costs of training provided for under subsection (a) of Code Section 35-8-20.1, other than travel expenses and salaries of police chiefs or department heads of law enforcement units undergoing training, and shall expend such funds for purposes of compensating a training officer to administer the course of training and conduct any business associated with the training provisions of said Code Section 35-8-20.1;
   5. To expend funds appropriated or otherwise available to the center for paying the costs of training provided for under Chapter 11 of Title 31 for the initial certification training and continued training as needed by emergency medical personnel and shall expend such funds for purposes of compensating a training officer to administer the course of training and conduct any business associated with the training provisions of said chapter; and
   6. To administer and coordinate the training for communications officers with respect to the requirements of Code Section 35-8-23. The board shall be authorized to promulgate rules and regulations to facilitate the administration and coordination of training consistent with the provisions of said Code Section 35-8-23. The tuition costs of the training of communications officers shall be paid from funds appropriated to the center.

      (Ga. L. 1980, p. 429, § 5; Ga. L. 1997, p. 1488, § 2; Ga. L. 2006, p. 1057, § 2/SB 581.)

Cross references. - Use of retired unmarked pursuit cars for training, § 35-2-57 .

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.

(Ga. L. 1980, p. 429, § 6; Ga. L. 1985, p. 283, § 1; Ga. L. 2006, p. 1057, § 3/SB 581; Ga. L. 2008, p. 335, § 5/SB 435.)

35-5-7. Security police force.

1. The administrator of the center, with the approval of the board, is authorized to establish a security police force within the Georgia Public Safety Training Center.
2. While in the performance of their duties on property of the Georgia Public Safety Training Center, such security police shall have the same law enforcement powers, including the power of arrest, as a law enforcement officer of the local government with police jurisdiction over such Georgia Public Safety Training Center. (Code 1981, § 35-5-7 , enacted by Ga. L. 1987, p. 317, § 2.)

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.

(Code 1981, § 35-6-1 , enacted by Ga. L. 2004, Ex. Sess., p. ES3, § 25.)

35-6-2. Membership of commission; terms of members; procedure.

1. The State Victim Services Commission shall consist of 15 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 Association of Homes and Services for Children or his or her designee;
   10. The executive director of the Georgia Municipal Association or his or her designee;
   11. The executive director of the Georgia Network to End Sexual Assault or his or her designee;
   12. A district attorney appointed by the Prosecuting Attorneys' Council of Georgia;
   13. One member appointed by the Governor;
   14. One member appointed by the Lieutenant Governor; and
   15. One member appointed by the Speaker of the House of Representatives.
2. The term of appointment shall be three years for initial members appointed in accordance with the provisions of paragraphs (13) and (15) of subsection (a) of this Code section. The term of appointment shall be two years for initial members appointed in accordance with the provisions of paragraphs (12) and (14) of subsection (a) of this Code section. 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.
3. 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.
4. 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.
5. A quorum for transacting business shall be determined by the members of the commission.
6. The members of the commission shall serve without compensation or expense reimbursement. (Code 1981, § 35-6-2 , enacted by Ga. L. 2004, Ex. Sess., p. ES3, § 25.)

35-6-3. Powers and duties of commission; ombudsman program.

1. 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.
2. 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. (Code 1981, § 35-6-3 , enacted by Ga. L. 2004, Ex. Sess., p. ES3, § 25.)

35-6-4. Responsibility of state auditor; inspection of documentation.

1. 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.
2. 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. (Code 1981, § 35-6-4 , enacted by Ga. L. 2004, Ex. Sess., p. ES3, § 25.)

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.

(Ga. L. 1981, p. 1306, § 1.)

35-6A-2. Creation; assignment to Georgia Bureau of Investigation; definitions.

1. 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.
2. As used in this chapter, the term:
   1. "Board" means the Criminal Case Data Exchange Board.
   2. "Council" means the Criminal Justice Coordinating Council.

      (Ga. L. 1981, p. 1306, § 2; Ga. L. 2001, p. 311, § 2; Ga. L. 2018, p. 550, § 1-5/SB 407.)

The 2018 amendment, effective July 1, 2018, designated the existing provisions of this Code section as subsection (a); and added subsection (b).

35-6A-3. Membership; vacancies; membership not bar to holding public office.

1. The Criminal Justice Coordinating Council shall consist of 27 members and shall be composed as follows:
   1. The chairperson of the Georgia Peace Officer Standards and Training Council, the director of homeland security, the chairperson of the Judicial Council of Georgia, the chairperson of the Council of Accountability Court Judges of Georgia, the chairperson of the Prosecuting Attorneys' Council of the State of Georgia, the commissioner of corrections, the chairperson of the Board of Corrections, the commissioner of community supervision, the chairperson of the Board of Community Supervision, the vice chairperson of the Board of Public Safety, the chairperson of the State Board of Pardons and Paroles, the State School Superintendent, the commissioner of community affairs, the president of the Council of Juvenile Court Judges, the chairperson of the Georgia Public Defender Council, the chairperson of the Governor's Office for Children and Families, and the commissioner of juvenile justice or their designees shall be ex officio members of the council, as full voting members of the council by reason of their office; and
   2. Ten members shall be appointed by the Governor for terms of four years, their initial appointments, however, being four for four-year terms, two for three-year terms, and four for two-year terms. Appointments shall be made so that there are always on the council the following persons: one county sheriff, one chief of police, one mayor, one county commissioner, one superior court judge, four individuals who shall be, by virtue of their training or experience, knowledgeable in the operations of the criminal justice system of this state, and one individual who shall be, by virtue of his or her training and experience, knowledgeable in the operations of the entire spectrum of crime victim assistance programs delivering services to victims of crime. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment.
2. In the event of death, resignation, disqualification, or removal for any reason of any member of the council, vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term.
3. The initial terms for all 19 original members shall begin July 1, 1981. The initial term for the member added in 1985 shall begin July 1, 1985. The initial term for the member added in 1988 shall begin July 1, 1988. The initial term for the member added in 1989 shall begin July 1, 1989. The State School Superintendent shall be a member effective on July 1, 1989. The chairperson of the Georgia Public Defender Council shall become a member on December 31, 2003. The chairperson of the Council of Accountability Court Judges of Georgia shall become a member on July 1, 2015.
4. Membership on the council does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership.

   (Ga. L. 1981, p. 1306, § 3; Ga. L. 1983, p. 518, § 1; Ga. L. 1984, p. 22, § 35; Ga. L. 1985, p. 283, § 1; Ga. L. 1985, p. 544, § 5; Ga. L. 1988, p. 242, § 1; Ga. L. 1989, p. 288, § 1; Ga. L. 1989, p. 1245, § 1; Ga. L. 1990, p. 8, § 35; Ga. L. 1991, p. 435, § 1; Ga. L. 1992, p. 1983, § 35; Ga. L. 1997, p. 417, § 1; Ga. L. 1997, p. 1453, § 1; Ga. L. 1998, p. 128, § 35; Ga. L. 2003, p. 191, § 8; Ga. L. 2004, p. 988, § 1; Ga. L. 2008, p. 568, § 11/HB 1054; Ga. L. 2015, p. 422, § 5-55/HB 310; Ga. L. 2015, p. 519, § 8-8/HB 328; Ga. L. 2018, p. 1112, § 35/SB 365.)

The 2015 amendments. The first 2015 amendment, effective July 1, 2015, substituted "26 members" for "24 members" in the middle of subsection (a); and inserted "the commissioner of community supervision, the chairperson of the Board of Community Supervision," in the middle of paragraph (a)(1). See Editor's notes for applicability. The second 2015 amendment, effective July 1, 2015, substituted "Georgia Public Defender Council" for "Georgia Public Defender Standards Council" near the middle of paragraph (a)(1) and in the next to the last sentence of subsection (c); substituted "25 members" for "24 members" near the middle of subsection (a); inserted "the chairperson of the Council of Accountability Court Judges of Georgia," near the beginning of paragraph (a)(1); and added the last sentence in subsection (c). See the Code Commission note regarding the effect of these amendments.

The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, substituted "27 members" for "25 members" in subsection (a).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1997, in paragraph (a)(1), "juvenile justice" was substituted for "the Department of Juvenile Justice " and "and" was added at the end.

Pursuant to Code Section 28-9-3, in 2015, the amendment of the introductory language of subsection (a) of this Code section by Ga. L. 2015, p. 422, § 5-55/HB 310, was treated as impliedly repealed and superseded by Ga. L. 2015, p. 519, § 8-8/HB 328, due to irreconcilable conflict.

Editor's notes. - Ga. L. 2008, p. 568, § 1/HB 1054, not codified by the General Assembly, provides: "This Act may be cited as the 'Children and Family Services Strengthening Act of 2008.' "

Ga. L. 2008, p. 568, § 2/HB 1054, not codified by the General Assembly, provides: "The General Assembly finds that well-intentioned efforts over the years have resulted in the creation of several agencies focused on preventing child abuse and juvenile delinquency, on serving at-risk families and troubled youth, and on promoting the improvement of our state's child welfare system. The General Assembly further finds that the work of some of these agencies overlaps, and that the at-risk families and troubled children of Georgia will be more efficiently and effectively served by consolidating the Children and Youth Coordinating Council with the Children's Trust Fund Commission, by placing the functions of the Georgia Child Fatality Review Panel under the supervision of the Child Advocate for the Protection of Children, and by encouraging these consolidated agencies to collaborate to create a consistent vision for serving the needs of our state's families in need."

Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015.

Law reviews. - For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015). For note on 1991 amendment of this Code section, see 8 Ga. St. U.L. Rev. 21 (1992). For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 105 (2003).

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.

   (Ga. L. 1981, p. 1306, § 4; Ga. L. 1999, p. 846, § 1; Ga. L. 2006, p. 72, § 35/SB 465.)

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.

(Ga. L. 1981, p. 1306, § 5; Ga. L. 1987, p. 3, § 35; Ga. L. 2010, p. 875, § 1/SB 173.)

The 2010 amendment, effective July 1, 2010, substituted the present provisions of this Code section for the former provisions, which read: "Members of the council shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the council is in attendance at a meeting of such council, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance."

Cross references. - Expense allowance for members of General Assembly, § 45-7-4(a)(22).

Legal mileage allowance, § 50-19-7 .

35-6A-6. Appointment of director; power and duties.

1. The Governor shall appoint a director of the council who shall serve at the pleasure of the Governor.
2. 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.
3. The director may employ such other professional, technical, and clerical personnel as deemed necessary to carry out the purposes of this chapter.

   (Ga. L. 1981, p. 1306, § 6.)

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.

    (Ga. L. 1981, p. 1306, § 7; Ga. L. 1995, p. 260, § 4; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2010, p. 875, § 2/SB 173; Ga. L. 2015, p. 890, § 1/HB 263; Ga. L. 2016, p. 864, § 35/HB 737.)

The 2010 amendments. The first 2010 amendment, effective June 3, 2010, inserted "in print or electronically" in paragraphs (2) and (4). The second 2010 amendment, effective July 1, 2010, added "for the purpose of improving this state's response to crime and its effects" at the end of paragraph (9); added paragraph (10); and redesignated former paragraphs (10) and (11) as present paragraphs (11) and (12), respectively.

The 2015 amendment, effective July 1, 2015, inserted "juvenile justice agencies," near the end of paragraph (2); deleted "and" at the end of paragraph (11); added paragraph (12); and redesignated former paragraph (12) as present paragraph (13).

The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, substituted "which cross traditional system component lines with a state-wide impact" for "with a state-wide impact, which studies and projects cross traditional system component lines" in paragraph (7).

Law reviews. - For annual survey of administrative law, see 67 Mercer L. Rev. 1 (2015). For note on the 1995 amendment of this Code section, see 12 Ga. St. U.L. Rev. 89 (1995).

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.

(Ga. L. 1981, p. 1306, § 8.)

35-6A-9. Preparation of budget requests; appropriations; gifts, grants, and donations of property and services.

1. 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.
2. 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.

   (Ga. L. 1981, p. 1306, § 9; Ga. L. 2010, p. 875, § 3/SB 173.)

The 2010 amendment, effective July 1, 2010, added the subsection (a) and (b) designations; and, in present subsection (b), substituted "shall be" for "is" in the first sentence, substituted "shall also be" for "is also" in the beginning of the second sentence, and, in the middle of the third sentence, substituted "Georgia Bureau of Investigation" for "Office of Planning and Budget" and substituted "as gifts" for "by gifts".

35-6A-10. Incentives for using federal Department of Homeland Security's Secure Communities initiative; obligations of council.

1. 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.
2. 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. (Code 1981, § 35-6A-10 , enacted by Ga. L. 2011, p. 794, § 11/HB 87.)

Effective date. - This Code section became effective July 1, 2011. See editor's note for applicability.

Editor's notes. - Ga. L. 2011, p. 794, § 1/HB 87, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Illegal Immigration Reform and Enforcement Act of 2011.'"

Ga. L. 2011, p. 794, § 21/HB 87, not codified by the General Assembly, provides for severability, and provides, in part, that: "(b) The terms of this Act regarding immigration shall be construed to have the meanings consistent with such terms under federal immigration law.

"(c) The provisions of this Act shall be implemented in a manner consistent with federal laws governing immigration and civil rights."

Ga. L. 2011, p. 794, § 22/HB 87, not codified by the General Assembly, provides, in part, that the enactment of this Code section shall apply to offenses and violations occurring on or after July 1, 2011.

This Code section formerly pertained to the repeal of this chapter. The former Code section was based on Ga. L. 1981, p. 1306, § 11; and Ga. L. 1981 Ex. Sess., p. 8 and was repealed by Ga. L. 1983, p. 518, § 2, effective March 15, 1983.

Law reviews. - For article on the 2011 enactment of this article, 28 Ga. St. U.L. Rev. 35 (2011).

35-6A-11. Advisory board created; membership.

1. There is established an advisory board to the council which shall consist of at least 15 and not more than 33 members appointed by the Governor who have training, experience, or special knowledge concerning the prevention and treatment of juvenile delinquency, the administration of juvenile justice, or the reduction of juvenile delinquency and shall be composed of:
   1. At least three members of the council, two of whom are not full-time government employees or elected officials;
   2. At least one locally elected official representing general purpose local government;
   3. Representatives of law enforcement and juvenile justice agencies, including juvenile and family court judges, prosecuting attorneys, attorneys for children and youth, and probation workers;
   4. Representatives of public agencies concerned with delinquency prevention or treatment, such as welfare, social services, mental health, education, special education, recreation, and youth services;
   5. Representatives of private nonprofit organizations, including individuals with a special focus on preserving and strengthening families, parent groups and parent self-help groups, youth development, delinquency prevention and treatment, neglected or dependent children, the quality of juvenile justice, education, and social services for children;
   6. Volunteers who work with delinquent children or potential delinquent children;
   7. Youth workers involved with programs that are alternatives to incarceration, including programs providing organized recreation activities;
   8. Individuals with special experience and competence in addressing problems related to school violence and vandalism and alternatives to suspension and expulsion; and
   9. Individuals with special experience and competence in addressing problems related to learning disabilities, emotional difficulties, child abuse and neglect, and youth violence.
2. 1. A majority of the members of the advisory board, including the chairperson, shall not be full-time employees of the federal, state, or local government.
   2. At least one-fifth of the members of the advisory board shall be under 24 years of age at the time of their appointment.
   3. At least three members shall have been or shall currently be under the jurisdiction of the juvenile justice system of this state.
3. Membership on the advisory board shall not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership.
4. The advisory board shall elect a chairperson from among its membership who must also be a member of the council. The advisory board may elect such other officers and committees as it considers appropriate.
5. Members of the advisory board shall serve without compensation, although each member of the advisory board shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the office. Such reimbursement shall be limited to all travel and other expenses necessarily incurred through service on the advisory board, in compliance with this state's travel rules and regulations. However, in no case shall a member of the advisory board be reimbursed for expenses incurred in the member's capacity as the representative of another state agency. (Code 1981, § 35-6A-11 , enacted by Ga. L. 2015, p. 890, § 2/HB 263.)

Effective date. - This Code section became effective July 1, 2015.

35-6A-12. Role of the advisory board.

The 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. (Code 1981, § 35-6A-12 , enacted by Ga. L. 2015, p. 890, § 2/HB 263.)

Effective date. - This Code section became effective July 1, 2015.

35-6A-13. Criminal Case Data Exchange Board; membership; operation.

1. There is established the Criminal Case Data Exchange Board to the council which shall consist of 15 members as follows:
   1. The director of the council, the director of the Georgia Crime Information Center, the director of the Office of Planning and Budget, the director of the Administrative Office of the Courts, the director of the Georgia Public Defender Council, the commissioner of administrative services, the commissioner of corrections, the commissioner of community supervision, the executive director of the Georgia Technology Authority, the executive counsel of the Governor, and a representative of the Prosecuting Attorneys' Council of the State of Georgia, provided that any such member may allow a designee to represent him or her at a board meeting and vote in his or her stead; and
   2. Four members, one of whom is a superior court judge, one of whom is a clerk of a superior court, one of whom is a sheriff, and one of whom is a county commissioner, shall be appointed by the Governor for terms of four years; their initial appointments, however, shall be one for a four-year term, one for a three-year term, one for a two-year term, and one for a one-year term. No individual shall serve beyond the time he or she holds the office by reason of which he or she was initially eligible for appointment.
2. In the event of death, resignation, disqualification, or removal of any member of the board for any reason, vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term.
3. The initial terms for all members shall begin on July 1, 2018.
4. Membership on the board shall not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership.
5. The board shall elect a chairperson from among its membership and may elect such other officers and committees as it considers appropriate.
6. Members of the board shall serve without compensation, although each member of the board shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the council. Such reimbursement shall be limited to all travel and other expenses necessarily incurred through service on the board, in compliance with this state's travel rules and regulations; provided, however, that in no case shall a member of the board be reimbursed for expenses incurred in the member's capacity as the representative of another state agency. (Code 1981, § 35-6A-13 , enacted by Ga. L. 2018, p. sb0407, § 1-6/SB 407.)

Effective date. - This Code section became effective July 1, 2018.

35-6A-14. Role of board; public access.

1. The board shall:
   1. Meet at such times and places as it shall determine necessary or convenient to perform its duties. Such board shall also meet upon the call of the chairperson of the board, the chairperson of the council, or the Governor;
   2. Maintain minutes of its meetings;
   3. Promulgate rules with respect to courts receiving criminal case filings electronically and the exchange of data amongst agencies and entities with respect to a criminal case from its inception to its conclusion;
   4. Participate in the development and review of this state's criminal case data exchange and management system;
   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 chapter; 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 criminal case exchange and management.
2. Public access to data that are collected or transmitted via the criminal case information exchange shall remain the responsibility of the Georgia Crime Information Center. No release of collected data shall be made by or through the Georgia Technology Authority. (Code 1981, § 35-6A-14 , enacted by Ga. L. 2018, p. 550, § 1-6/SB 407.)

Effective date. - This Code section became effective July 1, 2018.

35-7-1 through 35-7-5.

Reserved. Repealed by Ga. L. 2004, p. 988, § 2, effective May 17, 2004.

Editor's notes. - This chapter consisted of Code Sections 35-7-1 through 35-7-5, relating to the Organized Crime Prevention Council, and was based on Ga. L. 1980, p. 396, §§ 1 - 5; Ga. L. 1993, p. 91, § 35.

35-8-1. Short title.

This chapter shall be known and may be cited as the "Georgia Peace Officer Standards and Training Act."

(Ga. L. 1970, p. 208, § 1.)

Law reviews. - For annual survey of labor and employment law, see 57 Mercer L. Rev. 251 (2005); 58 Mercer L. Rev. 211 (2006).

35-8-2. Definitions.

As used in this chapter, the term:

1. "Applicant" means a prospective peace officer who has not commenced employment or service with a law enforcement unit.
2. "Candidate" means a peace officer who, having satisfied preemployment requirements, has commenced employment with a law enforcement unit but who has not satisfied the training requirement provided for in this chapter.
3. "Council" means the Georgia Peace Officer Standards and Training Council.
4. "Department head" means the chief executive or head of a state department or agency, a county, a municipality, or a railroad who is a peace officer and whose responsibilities include the supervision and assignment of one or more employees or the performance of administrative and managerial duties of a police agency or law enforcement unit. Such term does not include the Attorney General, the director of the Georgia Drugs and Narcotics Agency, a district attorney, a solicitor-general, a county or municipal fire chief, or peace officers employed exclusively as investigators of any such offices who do not exercise any law enforcement supervisory or managerial duties. The provisions of this paragraph shall not apply to any sheriff or to any head of any law enforcement unit within the office of sheriff.

   (4.1) "Detention facility" means a municipal or county jail used for the detention of persons charged with or convicted of a felony, a misdemeanor, or a municipal or county ordinance, but shall not include a facility customarily used to hold one or more persons for a period not to exceed eight hours while any such person awaits processing, booking, court appearance, or release.

5. "Emergency peace officers" means any peace officers who are employed or appointed to act as peace officers during an emergency or disaster which has been so declared by the chief executive officer of the state and whose status as peace officers is intended to be temporary and for that limited purpose.

   (5.1) "Jail officer" means any person who is employed or appointed by a county or a municipality and who has the responsibility of supervising inmates who are confined in a municipal or county detention facility.

   (5.2) "Juvenile correctional facility" means a facility operated by the Department of Juvenile Justice and used for the detention of youth who are delinquent or who are alleged to be delinquent or a facility operated by the Department of Juvenile Justice used for the care, treatment, and rehabilitation of juvenile offenders.

   (5.3) "Juvenile correctional officer" means any person employed or appointed by the Department of Juvenile Justice who has the primary responsibility for the supervision and control of youth confined in its programs and facilities.

6. "Law enforcement support personnel" means persons, other than peace officers, whose primary employment with a law enforcement unit consists of performing functions directly related to the prevention, detection, or investigation of crime.
7. "Law enforcement unit" means:
   1. Any agency, organ, or department of this state, a subdivision or municipality thereof, or a railroad whose primary functions include the enforcement of criminal or traffic laws, the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime;
   2. The Office of Permits and Enforcement of the Department of Transportation, the Department of Juvenile Justice and its institutions and facilities for the purpose of personnel who are authorized to exercise the power of arrest and who are employed or appointed by such department or institutions, and the office or section in the Department of Juvenile Justice in which persons are assigned who have been designated by the commissioner to investigate and apprehend delinquent children and any child with a pending juvenile court case alleging the child to be a child in need of services; and
   3. The Department of Corrections, the Department of Community Supervision, the State Board of Pardons and Paroles, municipal correctional institutions employing 300 or more correctional officers, and county correctional institutions for the purpose of personnel who are authorized to exercise the power of arrest and who are employed or appointed by such department, board, or institutions.
8. "Peace officer" means, for purposes of this chapter only:
   1. An agent, operative, or officer of this state, a subdivision or municipality thereof, or a railroad who, as an employee for hire or as a volunteer, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws through the power of arrest and whose duties include the preservation of public order, the protection of life and property, and the prevention, detection, or investigation of crime;
   2. An enforcement officer who is employed by the Department of Transportation in its Office of Permits and Enforcement and any person employed by the Department of Juvenile Justice who is designated by the commissioner to investigate and apprehend delinquent children and any child with a pending juvenile court case alleging the child to be a child in need of services;

      (B.1) Personnel who are authorized to exercise the power of arrest, who are employed or appointed by the Department of Juvenile Justice, and whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, the supervision of delinquent children in the department's institutions, facilities, or programs, or the supervision of delinquent children under intensive supervision in the community;

   3. Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the Department of Community Supervision, the State Board of Pardons and Paroles, municipal correctional institutions employing 300 or more correctional officers, county probation systems, and county correctional institutions; and
   4. An administrative investigator who is an agent, operative, investigator, or officer of this state whose duties include the prevention, detection, and investigation of violations of law and the enforcement of administrative, regulatory, licensing, or certification requirements of his or her respective employing agency.

      Law enforcement support personnel are not peace officers within the meaning of this chapter, but they may be certified upon voluntarily complying with the certification provisions of this chapter.

9. "Retired peace officer" means a retired law enforcement officer who, prior to his or her retirement from service with the state or a subdivision or municipality thereof, was a peace officer within the meaning of such term as defined in paragraph (8) of this Code section. A retired peace officer may be certified or registered upon voluntarily complying with the certification or registration provisions of this chapter. Such term shall also mean a retired law enforcement officer who retired from service with the United States who meets all criteria as specified by the council for such classification; provided, however, that such classification shall not exempt such officer from satisfying the minimum employment and training requirements of this chapter if such officer is appointed or employed as a peace officer by the state or a subdivision or municipality thereof.
10. "School" means any school, college, university, academy, or training program approved by the council which offers basic law enforcement training and which consists of a combination of a course curriculum, instructors, and facilities.

    (10.1) "School resource officer" means a peace officer whose primary employment or assigned duties with a law enforcement unit is assignment or appointment to a public elementary school or secondary school.

11. "Speed detection device" means that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name "Vascar," any device designed to measure the speed or velocity of motor vehicles using the Doppler principle of radio detection and ranging and commonly marketed under the name "radar," or any similar device, including but not limited to laser, operating under the same or similar principle, which device is approved by the Department of Public Safety for the measurement of speed, including any device for the measurement of speed or velocity based upon the Doppler principle of radar or speed timing principle of laser.

    (Ga. L. 1970, p. 208, §§ 2, 14; Ga. L. 1975, p. 1165, §§ 2, 3, 10; Ga. L. 1976, p. 395, §§ 1-5; Ga. L. 1978, p. 992, §§ 1, 2; Ga. L. 1978, p. 2299, § 1; Ga. L. 1980, p. 979, § 1; Ga. L. 1981, p. 778, § 1; Ga. L. 1982, p. 3, § 35; Ga. L. 1982, p. 2478, §§ 1, 2, 5, 6; Ga. L. 1985, p. 283, § 1; Ga. L. 1987, p. 1141, § 1; Ga. L. 1989, p. 568, § 1; Ga. L. 1993, p. 91, § 35; Ga. L. 1993, p. 966, §§ 1, 2; Ga. L. 1995, p. 880, § 1; Ga. L. 1995, p. 1238, § 1; Ga. L. 1996, p. 1281, § 1; Ga. L. 1997, p. 582, §§ 1, 2; Ga. L. 1997, p. 1453, § 1; Ga. L. 1997, p. 1488, §§ 2A, 2B, 7A, 7B; Ga. L. 1998, p. 128, § 35; Ga. L. 1998, p. 224, § 2; Ga. L. 1999, p. 777, §§ 2, 3; Ga. L. 2012, p. 775, § 35/HB 942; Ga. L. 2013, p. 294, § 4-45/HB 242; Ga. L. 2014, p. 382, § 1/SB 324; Ga. L. 2015, p. 422, § 5-56/HB 310; Ga. L. 2017, p. 673, § 1-1/SB 149.)

The 2012 amendment, effective May 1, 2012, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraph (4).

The 2013 amendment, effective January 1, 2014, in subparagraphs (7)(B) and (8)(B), substituted "delinquent children and any child with a pending juvenile court case alleging the child to be a child in need of services" for "unruly and delinquent children"; substituted "such department" for "said department" near the middle of subparagraph (7)(B); and deleted "and unruly" following "delinquent" near the end of subparagraph (8)(B.1). See Editor's notes for applicability.

The 2014 amendment, effective July 1, 2014, deleted "or" following "of crime," and "added , or the supervision of delinquent children under intensive supervision in the community" to the end of subparagraph (8)(B.1).

The 2015 amendment, effective July 1, 2015, inserted "the Department of Community Supervision," near the beginning of subparagraphs (7)(C) and (8)(C), and substituted "such department" for "said department" near the end of subparagraph (7)(C). See Editor's notes for applicability.

The 2017 amendment, effective July 1, 2017, added paragraph (10.1).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1998, "Department of Juvenile Justice" was substituted for "Department of Children and Youth Services" in subparagraph (8)(B).

Editor's notes. - Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: "This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions."

Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015.

Administrative Rules and Regulations. - Training, Official Compilation of the Rules and Regulations of the Sate of Georgia, Personnel, Board of Corrections, Sec. 124-2-1-.06.

Definition, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Peace Officer Standards and Training Council, Sec. 464-2-.01.

Law reviews. - For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015). For review of 1996 use of radar speed detection devices legislation, see 13 Ga. St. U.L. Rev. 244 (1996).

35-8-3. Establishment of Georgia Peace Officer Standards and Training Council; membership; organization; administrative assignment to Department of Public Safety.

1. The Georgia Peace Officer Standards and Training Council is established.  The council shall consist of 22 voting members and five advisory members.
2. The voting members shall consist of:
   1. An appointee of the Governor who is not the Attorney General, the commissioner of public safety or his or her designee, the director of investigation of the Georgia Bureau of Investigation or his or her designee, the president of the Georgia Association of Chiefs of Police or his or her designee, the president of the Georgia Sheriffs Association or his or her designee, the president of the Georgia Municipal Association or his or her designee, the president of the Association County Commissioners of Georgia or his or her designee, the president of the Peace Officers' Association of Georgia or his or her designee, the commissioner of corrections or his or her designee, the commissioner of community supervision or his or her designee, the chairperson of the State Board of Pardons and Paroles or his or her designee, the president of the Georgia Prison Wardens Association or his or her designee, the commissioner of juvenile justice or his or her designee, and the commissioner of natural resources or his or her designee, who shall be ex officio members of the council;
   2. Six members who shall be appointed by the Governor for terms of four years, their initial appointments, however, being two for four-year terms, two for three-year terms, and two for two-year terms.  Appointments shall be made so that there are always on the council the following persons who are appointed by the Governor: one chief of police; two municipal police officers other than a chief of police; one county sheriff; one city manager or mayor; and one county commissioner.  No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment.  Vacancies shall be filled in the same manner as the original appointment, and successors shall serve for the unexpired term.  Any member may be appointed for additional terms; and
   3. Two members who are peace officers and who shall be appointed by the Governor for terms of four years.  Neither person shall serve beyond the time he or she is actively employed or serves as a peace officer.  Vacancies shall be filled in the same manner as the original appointment, and successors shall serve for the unexpired term.
3. Five advisory members shall be appointed by the council to serve on the council in an advisory capacity only without voting privileges.
4. Membership on the council does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership.
5. The council is assigned to the Department of Public Safety for administrative purposes only, as prescribed in Code Section 50-4-3.

   (Ga. L. 1970, p. 208, § 3; Ga. L. 1972, p. 866, § 1; Ga. L. 1972, p. 1015, § 1606; Ga. L. 1975, p. 1165, § 1; Ga. L. 1976, p. 395, § 6; Ga. L. 1976, p. 1684, §§ 1, 2; Ga. L. 1977, p. 717, §§ 2-4; Ga. L. 1982, p. 3, § 35; Ga. L. 1982, p. 2478, §§ 3, 7, 8; Ga. L. 1983, p. 3, § 26; Ga. L. 1985, p. 283, § 1; Ga. L. 1988, p. 426, § 1; Ga. L. 1997, p. 1488, § 3; Ga. L. 2015, p. 422, § 5-57/HB 310; Ga. L. 2016, p. 247, § 1/SB 279.)

The 2015 amendment, effective July 1, 2015, substituted "20 voting members" for "19 voting members" near the end of subsection (a); and inserted "the commissioner of community supervision or his or her designee," near the end of paragraph (b)(1). See Editor's notes for applicability.

The 2016 amendment, effective July 1, 2016, substituted "22 voting members" for "20 voting members" in subsection (a); in paragraph (b)(1), substituted "the president of the Georgia Prison Wardens Association or his or her designee, the commissioner of juvenile justice or his or her designee, and the commissioner of natural resources or his or her designee, who shall" for "and the president of the Georgia Prison Wardens Association or his or her designee, who shall" near the end; inserted a comma following "appointment" in the next-to-last sentence of paragraph (b)(2) and in the last sentence of paragraph (b)(3); and inserted a comma following the first occurrence of "public office" in subsection (d).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1988, a second "the" preceding "time he" was deleted in the second sentence of paragraph (b)(3).

Editor's notes. - Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015.

Law reviews. - For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).

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.

   (Ga. L. 1970, p. 208, § 4; Ga. L. 2018, p. 336, § 1/HB 867.)

The 2018 amendment, effective July 1, 2018, substituted "chairperson, vice chairperson" for "chairman, vice-chair- man" in paragraph (1); and substituted "Eleven" for "Seven" at the beginning of paragraph (2).

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.

(Ga. L. 1970, p. 208, § 5.)

35-8-6. Appointment of executive director of council; contracts for services; personnel; investigators; subpoenas; funding; gifts, grants, or donations.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.

   (Ga. L. 1970, p. 208, § 7; Ga. L. 1975, p. 1165, § 5; Ga. L. 1988, p. 483, § 1; Ga. L. 1989, p. 514, § 1; Ga. L. 2018, p. 336, § 2/HB 867.)

The 2018 amendment, effective July 1, 2018, substituted "chairperson" for "chairman" in the third and fourth sentences of subsection (c); added subsection (d); and redesignated former subsections (d) through (f) as present subsections (e) through (g), respectively.

35-8-7. Powers and duties of council generally.

The council is vested with the following powers and duties:

1. To meet at such times and places as it may deem necessary;
2. To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies, and reports to the council as will best assist it to carry out its duties and responsibilities;
3. To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter;
4. To establish criteria to be used in certifying schools authorized to conduct training required by this chapter;
5. To certify schools as authorized to conduct training required by this chapter;
6. To prescribe minimum qualifications for directors of schools certified to conduct training required by this chapter;
7. To certify such school directors;
8. To establish minimum qualifications for instructors at schools certified to conduct training required by this chapter;
9. To certify instructors authorized to conduct training required by this chapter;
10. To reevaluate certified schools annually to determine if such schools shall continue to be certified;
11. To withdraw or suspend certification of schools, school directors, and instructors who fail to continue to meet or maintain, at any given time, the criteria and qualifications required for school, school director, or instructor certification;
12. To determine whether a candidate has met the requirements of this chapter and is qualified to be employed as a peace officer and to issue a certificate to those so qualified;
13. To certify to designated law enforcement units a candidate's successful completion of the course;
14. To refuse to grant a certificate to or to discipline a certified peace officer or an exempt peace officer under this chapter or any antecedent law;
15. To establish and modify the curriculum, including the methods of instruction, composing the basic training courses and to set the minimum number of hours therefor;
16. To establish and recommend curricula for such advanced, in-service, and specialized training courses as the council shall deem advisable and to recognize the completion of such courses by the issuance of certificates;
17. To provide technical assistance as requested by law enforcement units;
18. To provide for and administer the registration of all exempt peace officers;
19. To research, plan, and establish policy relative to peace officer training and to develop and coordinate the delivery of peace officer training programs through such agencies and institutions as the council may deem appropriate;
20. To establish as part of the curriculum for basic and in-service training courses for all peace officers training on organized criminal activity and criminal street gangs;
21. To develop, adopt, and issue advanced or professional peace officer certificates based upon the attainment of specified education, advanced or specialized training, and experience as the council may determine;
22. To provide and administer the certification of persons qualified to operate radar speed detection devices and to withdraw or suspend such certificates as provided for in this chapter;
23. To impose administrative fees, as determined by the council, for services provided pursuant to the provisions of this chapter;
24. To adopt in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," such rules and regulations as are necessary to carry out the purposes of this chapter; and
25. To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the power granted to it.

    (Ga. L. 1970, p. 208, § 6; Ga. L. 1975, p. 1165, § 4; Ga. L. 1976, p. 395, § 7; Ga. L. 1977, p. 713, §§ 1, 2; Ga. L. 1977, p. 717, § 1; Ga. L. 1978, p. 1680, § 1; Ga. L. 1980, p. 979, § 2; Ga. L. 1985, p. 539, § 1; Ga. L. 1987, p. 3, § 35; Ga. L. 1997, p. 1488, § 4; Ga. L. 1998, p. 270, § 12; Ga. L. 2010, p. 212, § 1/SB 324.)

The 2010 amendment, effective May 20, 2010, added paragraph (23) and redesignated former paragraphs (23) and (24) as present paragraphs (24) and (25), respectively. See the editor's note for applicability.

Editor's notes. - Ga. L. 2010, p. 212, § 2/SB 324, not codified by the General Assembly, provides that: "Nothing contained in this Act shall be construed so as to suggest that any administrative fees that may have been collected by the Georgia Peace Officer Standards and Training Council prior to this Act's enactment were collected without authority. Nor shall this Act be construed so as to create in any person paying administrative fees prior to the effective date of this Act a cause of action for the payment of such fees." This Act became effective May 20, 2010.

Administrative Rules and Regulations. - Administration of Georgia Peace Officer and Training Standards Council, Official Compilation of the Rules and Regulations of the State of Georgia, § 464-1-.01.

Law reviews. - For review of 1998 legislation relating to crimes and offenses, see 15 Ga. St. U.L. Rev. 80 (1998).

35-8-7.1. Authority of council to refuse certificate to applicant or to discipline council certified officer or exempt officer; grounds; restoration of certificate; emergency suspension of certification; notice of investigation.

1. The council shall have authority to refuse to grant a certificate to an applicant or to discipline a council certified officer or exempt officer under this chapter or any antecedent law upon a determination by the council that the applicant, council certified officer, or exempt officer has:
   1. Failed to demonstrate the qualifications or standards for a certificate provided in this chapter or in the rules and regulations of the council. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the council that he or she meets all requirements for the issuance of a certificate;
   2. Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of being an officer or in any document connected therewith or practiced fraud or deceit or intentionally made any false statement in obtaining a certificate to practice as an officer;
   3. Been convicted of a felony in the courts of this state or any other state, territory, country, or of the United States. As used in this paragraph, the term "conviction of a felony" shall include a conviction of an offense which if committed in this state would be deemed a felony under either state or federal law without regard to its designation elsewhere. As used in this paragraph, the term "conviction" shall include a finding or a verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon. However, the council may not deny a certificate to an applicant with a conviction if the adjudication of guilt or sentence is withheld or not entered thereon;
   4. Committed a crime involving moral turpitude, without regard to conviction. The conviction of a crime involving moral turpitude shall be conclusive of the commission of such crime. As used in this paragraph, the term "conviction" shall have the meaning prescribed in paragraph (3) of this subsection;
   5. Had his or her certificate or license to practice as an officer revoked, suspended, or annulled by any lawful certifying or licensing authority; had other disciplinary action taken against him or her by any lawful certifying or licensing authority; or was denied a certificate or license by any lawful certifying or licensing authority;
   6. Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public; such conduct or practice need not have resulted in actual injury to any person. As used in this paragraph, the term "unprofessional conduct" shall include any departure from, or failure to conform to, the minimal standards of acceptable and prevailing practice of an officer;
   7. Violated or attempted to violate a law, rule, or regulation of this state, any other state, the council, the United States, or any other lawful authority without regard to whether the violation is criminally punishable, so long as such law, rule, or regulation relates to or in part regulates the practice of an officer;
   8. Committed any act or omission which is indicative of bad moral character or untrustworthiness;
   9. Been adjudged mentally incompetent by a court of competent jurisdiction, within or outside this state;
   10. Become unable to perform as an officer with reasonable skill and safety to citizens by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition; or
   11. Been suspended or discharged by the officer's employing law enforcement unit for disciplinary reasons.
2. 1. When the council finds that any person is unqualified to be granted a certificate or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the council may take any one or more of the following actions:
      1. Refuse to grant a certificate to an applicant;
      2. Administer a public or private reprimand, provided that a private reprimand shall not be disclosed to any person except the officer;
      3. Suspend any certificate for a definite period;
      4. Limit or restrict any certificate;
      5. Revoke any certificate; or
      6. Condition the penalty, or withhold formal disposition, upon the officer's completing such care, counseling, or treatment, as directed by the council.
   2. In addition to and in conjunction with the foregoing actions, the council may make a finding adverse to the applicant or officer but withhold imposition of judgment and penalty or it may impose the judgment and penalty but suspend enforcement thereof and place the officer on probation, which may be vacated upon noncompliance with such reasonable terms as the council may impose.
3. In its discretion, the council may restore and reissue a certificate issued under this chapter or any antecedent law to an officer and, as a condition thereof, may impose any disciplinary or corrective measure provided in this chapter.
4. Upon arrest or indictment of an officer for any crime which is punishable as a felony, the executive director of the council shall order the emergency suspension of such officer's certification upon the executive director's determination that the suspension is in the best interest of the health, safety, or welfare of the public. The order of emergency suspension shall be made in writing and shall specify the basis for the executive director's determination. Following the issuance of an emergency suspension order, proceedings of the council in the exercise of its authority to discipline any officer shall be promptly scheduled as provided for in Code Section 35-8-7.2. The emergency suspension order of the executive director shall continue in effect until issuance of the final decision of the council or such order is withdrawn by the executive director.
5. Upon initiating an investigation of an officer for possible disciplinary action or upon disciplining an officer pursuant to this Code section, the council shall notify the head of the law enforcement agency that employs such officer of the investigation or disciplinary action. In the case of an investigation, it shall be sufficient to identify the officer and state that a disciplinary investigation has been opened. Notice of the initiation of an investigation shall be sent by priority mail. If the investigation is completed without any further action, notice of the termination of such investigation shall also be provided to the head of the employing agency. In the case of disciplinary action, the notice shall identify the officer and state the nature of the disciplinary action taken. The notice of disposition shall be sent only after the action of the council is deemed final. Such notice shall be sent by priority mail.
6. If the certification of an officer is suspended or revoked by either the executive director or council, then the council shall notify the head of the law enforcement agency that employs the officer; the district attorney of the judicial circuit in which such law enforcement agency is located; and the solicitor of the state court, if any, of the county in which such law enforcement agency is located. It shall be sufficient for this notice to identify the officer and state the length of time, if known, that the officer will not have powers of arrest. Such notice shall be sent by priority mail. (Code 1981, § 35-8-7.1 , enacted by Ga. L. 1985, p. 539, § 2; Ga. L. 1987, p. 3, § 35; Ga. L. 1993, p. 91, § 35; Ga. L. 2008, p. 237, § 1/SB 373; Ga. L. 2011, p. 506, § 1/HB 203; Ga. L. 2013, p. 864, § 1/HB 366.)

The 2011 amendment, effective July 1, 2011, added subsections (e) and (f).

The 2013 amendment, effective July 1, 2013, throughout this Code section, substituted "an officer" for "a peace officer", deleted "peace" preceding "officer", and deleted "peace" preceding "officer's"; in the introductory paragraph of subsection (a), substituted "council certified officer or exempt officer" for "certified peace officer or exempt peace officer" near the middle, and substituted "applicant, council certified officer, or exempt officer" for "applicant or certified peace officer or exempt peace officer" near the end; inserted "or she" in the second sentence of paragraph (a)(1); in paragraph (a)(5), inserted "or her" twice, and deleted "or" preceding "had other disciplinary"; substituted "public; such conduct" for "public, which conduct" in the first sentence of paragraph (a)(6); substituted "punishable, so long as such law" for "punishable, which law" in paragraph (a)(7); and deleted "probation" preceding "may be vacated" near the middle of paragraph (b)(2).

Law reviews. - For survey article on local government law, see 60 Mercer L. Rev. 263 (2008).

35-8-7.2. Administrative procedure; hearings; review.

1. 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.
2. 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. (Code 1981, § 35-8-7.2 , enacted by Ga. L. 1985, p. 539, § 2.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1985, "superior court" was substituted for "Superior Court" in subsection (b).

35-8-8. Requirements for appointment or certification of persons as peace officers and preemployment attendance at basic training course; "employment related information" defined.

1. Any person employed or certified as a peace officer shall:
   1. Be at least 18 years of age;
   2. Be a citizen of the United States;
   3. Have a high school diploma or its recognized equivalent;
   4. Not have been convicted by any state or by the federal government of any crime the punishment for which could have been imprisonment in the federal or state prison or institution nor have been convicted of sufficient misdemeanors to establish a pattern of disregard for the law, provided that, for the purposes of this paragraph, violations of traffic laws and other offenses involving the operation of motor vehicles when the applicant has received a pardon shall not be considered;
   5. Be fingerprinted for the purpose of conducting a fingerprint based search at the Georgia Bureau of Investigation and the Federal Bureau of Investigation to determine the existence of any criminal record;
   6. Possess good moral character as determined by investigation under procedure established by the council and fully cooperate during the course of such investigation;
   7. Be found, after examination by a licensed physician or surgeon, to be free from any physical, emotional, or mental conditions which might adversely affect his or her exercise of the powers or duties of a peace officer; and
   8. Successfully complete a job related academy entrance examination provided for and administered by the council in conformity with state and federal law. Such examination shall be administered prior to entrance to the basic course provided for in Code Sections 35-8-9 and 35-8-11. The council may change or modify such examination and shall establish the criteria for determining satisfactory performance on such examination. The provisions of this paragraph establish only the minimum requirements of academy entrance examinations for peace officer candidates in this state; each law enforcement unit is encouraged to provide such additional requirements and any preemployment examination as it deems necessary and appropriate. Any person with a degree from a postsecondary institution accredited by a regional accrediting agency recognized by the United States Department of Education shall be deemed to have met the requirements of this paragraph.
2. Any person authorized to attend the basic training course prior to employment as a peace officer shall meet the requirements of subsection (a) of this Code section.
3. 1. For purposes of this subsection, the term "employment related information" means written information contained in a prior employer's records or personnel files that relates to an applicant's, candidate's, or peace officer's performance or behavior while employed by such prior employer, including performance evaluations, records of disciplinary actions, and eligibility for rehire. Such term shall not include information prohibited from disclosure by federal law or any document not in the possession of the employer at the time a request for such information is received.
   2. Where an investigation is conducted for the purpose of hiring, certifying, or continuing the certification of a peace officer, an employer shall disclose employment related information to the investigating law enforcement agency upon receiving a written request from such agency. Disclosure shall only be required under this subsection if the law enforcement agency's request is accompanied by a copy of a signed, notarized statement from the applicant, candidate, or peace officer releasing and holding harmless such employer from any and all liability for disclosing complete and accurate information to the law enforcement agency.
   3. An employer may charge a reasonable fee to cover actual costs incurred in copying and furnishing documents to a requesting law enforcement agency, including retrieving and redacting costs, provided such amount shall not exceed $25.00 or 25› per page, whichever is greater. No employer shall be required to prepare or create any document not already in the employer's possession at the time a request for employment related information is received. Any employment related information provided pursuant to this subsection that is not subject to public disclosure while in the possession of a prior employer shall continue to be privileged and protected from public disclosure as a record of the requesting law enforcement agency.
   4. No employer or law enforcement agency shall be subject to any civil liability for any cause of action by virtue of disclosing complete and accurate information to a law enforcement agency in good faith and without malice pursuant to this subsection. In any such cause of action, malice or bad faith shall only be demonstrated by clear and convincing evidence. Nothing contained in this subsection shall be construed so as to affect or limit rights or remedies provided by federal law.
   5. Before taking final action on an application for employment based, in whole or in part, on any unfavorable employment related information received from a previous employer, a law enforcement agency shall inform the applicant, candidate, or peace officer that it has received such employment related information and that the applicant, candidate, or peace officer may inspect and respond in writing to such information. Upon the applicant's, candidate's, or peace officer's request, the law enforcement agency shall allow him or her to inspect the employment related information and to submit a written response to such information. The request for inspection shall be made within five business days from the date that the applicant, candidate, or peace officer is notified of the law enforcement agency's receipt of such employment related information. The inspection shall occur not later than ten business days after said notification. Any response to the employment related information shall be made by the applicant, candidate, or peace officer not later than three business days after his or her inspection.
   6. Nothing contained in this Code section shall be construed so as to require any person to provide self-incriminating information or otherwise to compel any person to act in violation of his or her right guaranteed by the Fifth Amendment of the United States Constitution and Article I, Section I, Paragraph XVI of the Georgia Constitution. It shall not be a violation of this Code section for a person to fail to provide requested information based on a claim that such information is self-incriminating provided that notice of such claim is served in lieu of the requested information. An action against such person to require disclosure on the grounds that the claim of self-incrimination is not substantiated may be brought in the superior court of the county of such party's residence or where such information is located.

      (Ga. L. 1970, p. 208, § 8; Ga. L. 1973, p. 539, § 1; Ga. L. 1976, p. 1563, § 1; Ga. L. 1976, p. 1684, §§ 3, 4; Ga. L. 1977, p. 712, § 1; Ga. L. 1977, p. 1180, §§ 1, 2; Ga. L. 1982, p. 3, § 35; Ga. L. 1987, p. 3, § 35; Ga. L. 2004, p. 986, § 2; Ga. L. 2008, p. 237, § 2/SB 373; Ga. L. 2011, p. 545, § 1/SB 95; Ga. L. 2013, p. 864, § 2/HB 366; Ga. L. 2017, p. 774, § 35/HB 323; Ga. L. 2018, p. 336, § 3/HB 867.)

The 2011 amendment, effective May 12, 2011, inserted "the" near the middle of paragraph (a)(4); added "and fully cooperate during the course of such investigation" at the end of paragraph (a)(6); substituted "exercise of" for "exercising" in paragraph (a)(7); inserted "of subsection (a)" in subsection (b); and added subsection (c).

The 2013 amendment, effective July 1, 2013, substituted "30 days" for "six months" in the fourth sentence of paragraph (a)(8).

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, revised language in paragraph (c)(3).

The 2018 amendment, effective July 1, 2018, in paragraph (a)(8), deleted the former fourth sentence, which read: "Peace officers who do not perform satisfactorily on the examination shall be ineligible to retake such examination for a period of 30 days after an unsuccessful attempt.", and added the last sentence.

Cross references. - Qualifications of firefighters, § 25-4-8 .

35-8-9. Completion of basic training course required; acceptance of other instruction; effect of failure to complete basic training requirements; limitation.

1. 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.
2. 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.
3. 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.
4. 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.

   (Ga. L. 1970, p. 208, § 9; Ga. L. 1975, p. 1165, § 6; Ga. L. 1992, p. 1004, § 1; Ga. L. 1994, p. 1355, § 1; Ga. L. 1997, p. 1488, § 4A.)

35-8-10. Applicability and effect of certification requirements generally; requirements as to exempt persons.

1. No person required to comply with the certification provisions of this chapter shall be employed or appointed by any law enforcement unit without certification from the council that the applicant has met the preemployment requirements established in this chapter, and no candidate shall perform any of the duties of a peace officer involving the power of arrest until such training shall have been successfully completed.
2. Peace officers commencing any employment or service on any terms with the Department of Public Safety, counties, municipalities, the Georgia Bureau of Investigation, the Department of Natural Resources, the Department of Revenue, Alcohol and Tobacco Tax Unit, the Secretary of State's investigative section, the Office of the Commissioner of Insurance and Safety Fire Commissioner, or a railroad after July 1, 1975, are required to comply with the certification provisions of this chapter. Peace officers commencing such employment or service prior to July 1, 1975, and whose employment continues on July 1, 1975, are exempt and excused from compliance with the certification provisions of this chapter except as provided in this Code section so long as the registration provided for in subsections (d) and (e) of this Code section remains in effect. Any peace officer otherwise exempt from the certification provisions of this chapter must meet the qualifications and requirements specified in paragraphs (2), (4), (5), and (8) of subsection (a) of Code Section 35-8-8.
3. If, after July 1, 1975, any other employment or service is conditioned on compliance with this chapter, persons so employed or serving shall be required to comply with the certification provisions established in this chapter, except that persons so employed or serving whose employment or service commenced prior to and continues upon the effective date of the peace officer's law enforcement unit becoming subject to the provisions of this chapter shall be exempt and excused from compliance so long as registration provided for in subsections (d) and (e) of this Code section remains in effect. Notwithstanding this subsection, the effective date of requirements for certification or registration shall be determined by the council based upon identification of the applicability of this chapter to particular peace officers. Nothing in this subsection shall be deemed to grant an exemption to persons required to be certified by subsections (a) and (b) of this Code section.
4. Peace officers exempt from the certification provisions of this chapter are required to register with the council. The registration shall remain in effect for the period of time said person is employed as a peace officer.
5. Any registration granted in this Code section shall not terminate upon a subsequent employment or appointment as a peace officer, provided that subsequent employment or appointment as a peace officer is recognized by the council to be substantially the same or similar to the employment or appointment by virtue of which said peace officer was exempted and registered as such; provided, further, that such subsequent employment or appointment is commenced within 12 months of such prior termination as a peace officer.
6. Except as otherwise provided by subsection (b) of this Code section, nothing in this subsection or in subsection (d) shall be deemed to require any exempt peace officer to comply with Code Sections 35-8-8 and 35-8-9 for the period of time the registration shall remain in effect.
7. A peace officer excused from mandatory compliance with this chapter by this Code section may choose to be certified under this chapter. If so, the council shall have the authority to recognize instruction received by such a peace officer as equivalent to all or part of the instruction required for certification under this chapter.
8. Any person who was serving as a sheriff on July 1, 1970, and who subsequently becomes a peace officer shall not be required to comply with this chapter.
9. A retired peace officer may be voluntarily registered by the council as an exempt peace officer without meeting the qualifications and requirements specified in paragraphs (2), (4), (5), and (8) of subsection (a) of Code Section 35-8-8. Such registration of a retired peace officer shall not terminate, as provided for in subsection (e) of this Code section. Nothing in this subsection shall be deemed to grant an exemption to persons required to be certified or registered by this chapter.

   (Ga. L. 1970, p. 208, § 13; Ga. L. 1975, p. 1165, § 9; Ga. L. 1976, p. 395, § 8; Ga. L. 1977, p. 713, §§ 3-7; Ga. L. 1978, p. 1680, § 2; Ga. L. 1978, p. 2299, §§ 2-6; Ga. L. 1981, p. 778, §§ 2, 3; Ga. L. 1994, p. 1355, § 2; Ga. L. 2003, p. 331, § 2.)

Editor's notes. - Ga. L. 1993, p. 724, § 3, effective April 9, 1993, not codified by the General Assembly, provides: "Any person elected to the office of sheriff at the 1992 general election, which person is a registered peace officer as provided in Code Section 35-8-10, shall be exempt from any qualifications provided for sheriffs in an Act approved April 17, 1992 (Ga. L. 1992, p. 2112), which qualifications are in conflict with the provisions of this Act."

Paragraph (a)(8) of Code Section 35-8-8, referred to in this Code section, was redesignated as paragraph (a)(7) by Ga. L. 2008, p. 237, § 2/SB 373.

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.

(Ga. L. 1970, p. 208, § 10; Ga. L. 1975, p. 567, § 5; Ga. L. 1975, p. 1165, § 7.)

35-8-12. Certification to use speed detection devices; withdrawal or suspension of certificate.

1. Persons employed or appointed by any agency, organ, or department of this state or a subdivision or municipality thereof authorized to use speed detection devices shall be required to be certified by the council as qualified speed detection device operators. Each person operating radar speed or laser detection devices shall satisfactorily complete a course of instruction in the theory and application of speed detection device operation as a condition for certification. The council shall establish and modify the curriculum for the course of instruction, including a minimum number of hours. Persons authorized and qualified to conduct the course of instruction required by this Code section shall be certified by the council as speed detection device operator instructors upon complying with requirements prescribed by the council. The council shall have the authority to recognize instruction received by persons subject to the requirements of this Code section if, in the determination of the council, the instruction is at least equivalent to that required by this chapter. If the instruction is recognized, then it shall be accepted in lieu of part or parts of the minimum hours of instruction required for speed detection device certification by this chapter. Should any person fail to complete successfully the training requirements for operation of speed detection devices, he or she shall not perform any functions related to the use of the devices until such training shall have been successfully completed and until such time as the council shall issue appropriate certification. All persons certified to use speed detection devices 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 speed detection device operators' certifications to remain in force and effect. The council is authorized to withdraw or suspend the certification 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 or suspension of peace officer certification to operate radar or laser speed detection devices.
2. Upon the withdrawal or suspension of any certificate to operate speed detection devices for the reasons set forth in this Code section, the executive director of the council shall notify the commissioner. The notification shall contain the officer's name and employing law enforcement agency.
3. Upon receipt from the commissioner that a speed detection device permit has been suspended or revoked pursuant to Code Section 40-14-11, the council shall withdraw or suspend the certification to operate speed detection devices for every certified operator employed by the agency whose permit has been suspended or revoked. The period of withdrawal or suspension shall be consistent with the action taken by the department.

   (Ga. L. 1980, p. 979, § 3; Ga. L. 1996, p. 1281, § 2.)

Cross references. - Approval by counties and municipalities of use of speed detection devices within their jurisdiction, and regulation of use of speed detection devices, T. 40, C. 14.

Law reviews. - For review of 1996 use of radar speed detection devices legislation, see 13 Ga. St. U.L. Rev. 244 (1996).

35-8-13. Training and certification of police chaplains.

Reserved. Repealed by Ga. L. 2018, p. 336, § 4/HB 867, effective July 1, 2018.

Editor's notes. - This Code section was based on Ga. L. 1980, p. 1127, § 1; Ga. L. 1991, p. 94, § 35.

35-8-13.1. Training and certification of municipal probation officers.

1. Any person employed or appointed as a municipal probation officer on or after July 1, 2017, shall not be authorized to exercise the power of arrest as a municipal probation officer unless such person has successfully completed a training course and received certification for municipal probation officers approved by the Georgia Peace Officer Standards and Training Council; provided, however, that such person shall only exercise the power of arrest upon individuals whom he or she is supervising under Article 6 of Chapter 8 of Title 42, unless such person is certified as a peace officer by the Georgia Peace Officer Standards and Training Council.
2. Persons applying for certification and persons certified by the council under this Code section shall be subject to the powers and authority of the Georgia Peace Officer Standards and Training Council applicable to peace officers as defined in this chapter and shall be required to fulfill all of the requirements of a peace officer, except peace officer training requirements applicable to peace officers only. Such persons shall be required to register with the council. Such registration shall remain in effect for the period of time such person is employed as a municipal probation officer.
3. Any person who registers with the council pursuant to this Code section shall not have such registration invalidated upon termination of employment or appointment as a municipal probation officer if subsequent employment or appointment as a municipal probation officer is commenced within 12 months of such prior termination of employment or appointment as a municipal probation officer.
4. Any municipal probation officer exempted from mandatory compliance with this Code section may choose to be certified under this Code section. If so, the council shall have the authority to recognize instruction received by such municipal probation officer as equivalent to all or part of the instruction required for certification under this Code section.
5. The term "municipal probation officer" as used in this Code section means only municipal probation officers employed directly by a municipality or consolidated government and shall not include employees of private probation providers which contract with municipalities or consolidated governments in accordance with the provisions of Article 6 of Chapter 8 of Title 42; provided, however, that the term "municipal probation officer" shall not include probation officers of any municipal corporation which conducts a training course for such officers if such training course is approved by the Georgia Peace Officer Standards and Training Council.
6. Any person who has completed the peace officer basic training course and is certified as a peace officer by the Georgia Peace Officer Standards and Training Council may serve as a municipal probation officer without obtaining the municipal probation officer training and certification required by this Code section. (Code 1981, § 35-8-13.1 , enacted by Ga. L. 1998, p. 192, § 1; Ga. L. 2017, p. 673, § 2-1/SB 149.)

The 2017 amendment, effective July 1, 2017, in subsection (a), near the beginning, substituted "July 1, 2017," for "January 1, 1999", substituted "exercise the power of arrest" for "serve", and added the proviso at the end.

Cross references. - Prohibition, T. 42, C. 8.

35-8-14. 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.

Editor's notes. - This Code section was based on Ga. L. 1978, p. 992, § 3; Ga. L. 1981, Ex. Sess., p. 8; and Ga. L. 1982, p. 3, § 35.

Ga. L. 2013, p. 141, § 35/HB 79, effective April 24, 2013, reserved the designation of this Code section.

35-8-15. Preparation and maintenance of employment records by law enforcement units and council; release of records.

1. 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.
2. 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.

   (Ga. L. 1970, p. 208, § 12; Ga. L. 1975, p. 1165, § 1.)

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.

(Ga. L. 1970, p. 208, § 11.)

35-8-17. Effect of peace officer's failure to comply with chapter generally; civil actions against noncomplying peace officers and law enforcement units.

1. 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.
2. 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.
3. 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.

   (Ga. L. 1970, p. 208, § 15; Ga. L. 1975, p. 1165, § 11; Ga. L. 1977, p. 713, § 8; Ga. L. 1977, p. 1180, § 3.)

35-8-18. Applicability of chapter to emergency peace officers.

This chapter shall not apply to emergency peace officers.

(Ga. L. 1970, p. 208, § 14; Ga. L. 1975, p. 1165, § 10.)

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.

(Code 1981, § 35-8-19 , enacted by Ga. L. 1982, p. 2107, § 29; Ga. L. 1992, p. 1325, § 1.)

35-8-20. Training requirements for police chiefs, department heads, and wardens; effect of failure to fulfill training requirement; waiver of requirements.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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. (Code 1981, § 35-8-20 , enacted by Ga. L. 1984, p. 1210, § 1; Ga. L. 1985, p. 149, § 35; Ga. L. 1993, p. 91, § 35; Ga. L. 1997, p. 542, § 1; Ga. L. 1997, p. 1488, § 5.)

35-8-20.1. Training for police chiefs and department heads appointed after June 30, 1999; waivers.

1. Any newly appointed chief of police or department head of a law enforcement unit whose term of employment commences after June 30, 1999, shall successfully complete a minimum of 60 hours of law enforcement chief executive training at the next scheduled law enforcement chief executive training class sponsored by the Georgia Association of Chiefs of Police following his or her appointment. Such training shall be in addition to the basic training required of peace officers in Code Section 35-8-9. A sworn employee acting in the capacity of a department head of a law enforcement unit for more than 60 days shall be required to attend training specified under this Code section and Code Section 35-8-20. The provisions of this subsection shall not apply to any sheriff or to any head of any law enforcement unit within the office of sheriff.
2. The training required by subsection (a) of this Code section shall be completed in sessions as selected and provided by the Georgia Association of Chiefs of Police which have been recognized by the Georgia Peace Officer Standards and Training Council.
3. Reserved.
4. The salary and travel expenses of a chief of police or department head of a law enforcement unit taking the required training shall be paid by the law enforcement unit by which he is employed.
5. Any newly appointed chief of police or department head of a law enforcement unit who does not fulfill the training requirement of this Code section shall lose his power of arrest.
6. Any newly appointed chief of police or department head of a law enforcement unit who satisfactorily completes the training required by subsection (a) of this Code section shall be exempted for the year in which he completes such training from the training required by subsection (a) of Code Section 35-8-20.
7. A chief of police or head of a law enforcement department who successfully completes the training required by subsection (a) of this Code section will not be required to repeat such training if he terminates an appointment and is subsequently reappointed to the same or another department.
8. 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 newly appointed chief of police or department head of a law enforcement unit that he or she has served as an appointed chief of police or head of a law enforcement unit since December 31, 1992, without more than a 60 day break in service, that he or she has satisfactorily completed training or education deemed by the council to be equivalent to the training required by this Code section, or that he or she was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the council.
9. Any chief of police or department head of a law enforcement unit who is exempted from the training required by subsection (a) of this Code section may choose to attend such training in lieu of the training required by Code Section 35-8-20 for any year. (Code 1981, § 35-8-20 .1, enacted by Ga. L. 1989, p. 1637, § 1; Ga. L. 1993, p. 1780, § 1; Ga. L. 1997, p. 542, § 2; Ga. L. 1997, p. 1488, § 6; Ga. L. 1999, p. 777, § 4.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1993, "Georgia Peace Officer Standards and Training Council" was substituted for "Peace Officer Standards and Training Council" in subsection (h).

35-8-21. Training requirements for peace officers; waiver; exemption for retired peace officers; confirmation of training.

1. During calendar year 1999 and during each calendar year thereafter, any person employed or appointed as a peace officer shall complete 20 hours of training as provided in this Code section; provided, however, that any peace officer serving with the Department of Public Safety who is a commissioned officer shall receive annual training as specified by the commissioner of public safety.
2. The training required by subsection (a) of this Code section shall be completed in sessions approved or recognized by the Georgia Peace Officer Standards and Training Council.
3. Peace officers who satisfactorily complete the basic course of training in accordance with the provisions of this chapter shall be excused from the minimum annual training requirement for the calendar year during which the basic course is completed.
4. Any peace officer who does not fulfill the training requirements of this Code section shall lose his or her power of arrest.
5. A waiver of the requirement of training provided in this Code section may be granted by the Georgia Peace Officer Standards and Training Council, in its discretion, upon the presentation of evidence by a peace officer that he or she was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the council.
6. Any person who is registered or certified with the council as a retired peace officer is excused and exempt from compliance with this Code section for the year in which he or she retires. A retired peace officer may voluntarily comply with the requirements of this Code section and, in that event, such retired peace officer shall receive such minimal annual training without payment of any fees or costs, but only if sufficient class space is available. Nothing in this subsection shall be deemed to grant an exemption to persons required to complete the annual training requirement of this Code section.
7. Any person required to comply with this Code section shall provide confirmation of his or her training for the previous year to the council in a manner required by the council. Failure to provide the council with confirmation of training in a timely manner or failure to obtain required training in a timely manner shall result in an emergency suspension of the officer's certification by the executive director. The order of emergency suspension issued by the executive director shall be made in writing and shall specify the basis for the determination. The emergency suspension order shall continue in effect until the training requirements are confirmed or a waiver is issued pursuant to subsection (e) of this Code section. An emergency suspension issued pursuant to this subsection shall be automatically withdrawn upon confirmation of required training or the issuance of a waiver by the council. (Code 1981, § 35-8-21 , enacted by Ga. L. 1988, p. 1063, § 1; Ga. L. 1999, p. 777, § 5; Ga. L. 2004, p. 986, § 2A; Ga. L. 2013, p. 864, § 3/HB 366.)

The 2013 amendment, effective July 1, 2013, deleted "after April 1 in any calendar year" following "chapter" in the middle of subsection (c); inserted "or her" in subsection (d); inserted "or she" near the middle of subsection (e); added "for the year in which he or she retires" at the end of the first sentence of subsection (f); and added subsection (g).

35-8-22. Reimbursement of training expenses by subsequent employer of peace officer; collection procedure; required documentation.

1. 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.
2. 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.
3. 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. (Code 1981, § 35-8-22 , enacted by Ga. L. 1992, p. 1325, § 2; Ga. L. 2003, p. 327, § 1.)

35-8-23. (For effective date, see note.) Basic training course for communications officers; certification requirements; duties of council; rules and regulations.

1. As used in this Code section, the term "communications officer" means and includes any person employed by the state or a local governmental agency to receive, process, or transmit public safety information and dispatch law enforcement officers, firefighters, medical personnel, or emergency management personnel.
2. Any person employed on or after July 1, 1995, as a communications officer shall satisfactorily complete a basic training course approved by the council. Persons who are employed on July 1, 1994, shall register with the council and may be certified by voluntarily complying with the certification process. Any person who fails to comply with the registration or certification process of the council shall not perform any duties of a communications officer and may have his or her certificate sanctioned or revoked.
3. (For effective date, see note.) The council shall conduct administrative compliance reviews with respect to the requirements of this Code section. The council, in coordination with the Georgia Emergency Communications Authority, shall be authorized to promulgate rules and regulations to facilitate the administration and coordination of standards, certification, and compliance reviews consistent with the provisions of this Code section.
4. On and after July 1, 1998, the basic training course for communications officers shall include training in the use of telecommunications devices for the deaf (TDD's), and no person shall on or after that date be certified by the council under this Code section unless such person has satisfactorily completed such training. (Code 1981, § 35-8-23 , enacted by Ga. L. 1994, p. 1355, § 2.1; Ga. L. 1997, p. 1488, § 7; Ga. L. 1998, p. 540, § 1; Ga. L. 2018, p. 689, § 3-1/HB 751.)

Delayed effective date. - Subsections (a) and (c), as set out above, become effective January 1, 2019. For version of subsections (a) and (c) in effect until January 1, 2019, see the 2018 amendment note.

The 2018 amendment, effective January 1, 2019, inserted "the state or" in the middle of subsection (a); and inserted ", in coordination with the Georgia Emergency Communications Authority," near the beginning of the second sentence of subsection (c). See Editor's notes for applicability.

Editor's notes. - Ga. L. 2018, p. 689, § 4-1(b)/HB 751, not codified by the General Assembly, provides that: "(b) The provisions of this Act shall not in any manner diminish, extinguish, reduce, or affect any cause of action for audits, services, or the recovery of funds from service providers which may have existed prior to January 1, 2019. Any such cause of action is expressly preserved."

35-8-24. Training requirements for jail officers and juvenile correctional officers.

1. 1. Any person employed or appointed as a jail officer six months after January 1, 1999, shall not be authorized to serve as a jail officer in any detention facility after a certain date as provided in subsection (b) of this Code section unless such person has successfully completed a training course for jail officers approved by the Georgia Peace Officer Standards and Training Council.
   2. Any person employed or appointed as a juvenile correctional officer six months after January 1, 1999, shall not be authorized to serve as a juvenile correctional officer in any juvenile correctional facility after a certain date as provided in subsection (b) of this Code section unless such person has successfully completed a training course for juvenile correctional officers approved by the Georgia Peace Officer Standards and Training Council.
2. Any person employed or appointed as a jail officer or juvenile correctional officer six months after January 1, 1999, shall have a period of six months from the date of initial employment to complete the required training course successfully. Any person who fails to complete such training course successfully within six months of the date of initial employment or appointment as a jail officer or as a juvenile correctional officer shall be prohibited from working as a jail officer in a detention facility or as a juvenile correctional officer in a juvenile correctional facility.
3. Applicants and persons certified under this Code section shall be subject to the powers and authority of the Georgia Peace Officer Standards and Training Council applicable to peace officers as defined in this chapter and shall be required to fulfill all requirements of a peace officer, except the requirements of paragraph (8) of subsection (a) of Code Section 35-8-8 and peace officer training requirements applicable to peace officers only.
4. Persons employed or serving as jail officers or juvenile correctional officers whose employment or service commences prior to and continues on January 1, 1999, are exempt and excused from compliance with the certification provisions of this Code section.
5. Jail officers or juvenile correctional officers exempt from the certification provisions of this Code section are required to register with the council. The registration shall remain in effect for the period of time said person is employed as a jail officer or as a juvenile correctional officer.
6. Any registration granted in this Code section shall not become invalid upon termination of employment or appointment as a jail officer or juvenile correctional officer if subsequent employment or appointment as a jail officer or juvenile correctional officer is commenced within 12 months of such prior termination as a jail officer or a juvenile correctional officer.
7. Any jail officer or juvenile correctional officer exempted from mandatory compliance with this Code section may choose to be certified under this Code section. If so, the council shall have the authority to recognize instruction received by such jail officer or juvenile correctional officer as equivalent to all or part of the instruction required for certification under this Code section. (Code 1981, § 35-8-24 , enacted by Ga. L. 1995, p. 880, § 2; Ga. L. 2008, p. 237, § 3/SB 373.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1998, "January 1, 1999," was substituted for "the effective date of this Act" in paragraphs (a)(1) and (a)(2), subsection (b), and subsection (d).

35-8-25. Training and certification of bomb technicians, explosive ordnance disposal technicians, and animal handlers; intergovernmental assistance agreements.

1. 1. Any person who is employed by an agency or authority of this state or an agency or authority of a political subdivision of this state as a bomb technician, explosive ordnance disposal technician, handler of an animal trained to detect explosives, or any person who is assigned to such duties shall be required to complete successfully a training program prescribed by the council which shall consist of an initial training program, an apprenticeship, and annual recertification.
   2. The council is authorized to award a distinctive device to any person certified as an explosive ordnance disposal technician or as a handler of an animal trained to detect explosives upon completion of the initial training program and apprenticeship period. The council may also establish and award distinctive devices for certified explosive ordnance disposal technicians who qualify as senior or master explosive ordnance disposal technicians. Such devices may be worn on any law enforcement officer's or fire official's uniform.
2. 1. The head of any agency which employs one or more certified bomb technicians, explosive ordnance disposal technicians, handlers of animals trained to detect explosives, or emergency medical technicians or emergency medical professionals who provide medical support of explosive ordnance disposal operations may establish a mutual aid agreement with any other agency for the purpose of assisting with the detection, rendering safe, and disposal of destructive devices as such term is defined by Code Section 16-7-80. Any such mutual aid agreement shall be subject to approval of the governing authority of such agency.
   2. A political subdivision which is aided pursuant to this subsection shall reimburse the political subdivision providing the aid for any loss or damage to equipment other than fair wear and tear and shall pay any expenses incurred in the operation and maintenance of such equipment; provided, however, that no such claim shall be allowed unless, within 60 days after the same is sustained or incurred, the political subdivision providing the aid provides to the chief financial officer of the political subdivision receiving the aid an itemized notice of the claim made under oath. The political subdivision which received the aid shall also pay and reimburse the political subdivision furnishing the aid for any overtime compensation paid to any employee furnished under this Code section during the time of the rendering of the aid and shall defray the actual traveling and maintenance expenses of any employee while such employee was engaged in rendering the aid. Such reimbursement shall include any amounts paid or due for compensation due to personal injury or death while such employee was engaged in rendering the aid.
   3. Unless otherwise expressly provided by its terms, a mutual aid agreement established pursuant to this subsection shall not be construed as superseding or amending any mutual aid agreement adopted pursuant to Chapter 6 of Title 25, Chapter 69 of Title 36, or Chapter 3 of Title 38 which applies to emergencies involving explosives or destructive devices.
3. 1. Whenever a bomb technician, explosive ordnance disposal technician, handler of an animal trained to detect explosive devices, or an emergency medical technician or emergency medical professional who provides medical support of explosive ordnance disposal operations employed by an agency or authority of local government provides assistance at the request of a state agency or authority, such person shall be considered an employee of this state for the purposes of Code Section 50-21-22, paragraph (3) of Code Section 34-9-1, and Code Section 45-9-3. Such person shall also be entitled to reimbursement by the requesting agency or authority for actual expenses incurred in the same manner as other employees of the agency or authority.
   2. A state agency or authority receiving assistance from an agency or authority of a local government shall reimburse such political subdivision for any loss or damage, other than fair wear and tear, to any equipment owned by such political subdivision. No claim for the loss, damage, or expense shall be allowed unless, within 60 days after the same is sustained or incurred, the local government submits an itemized notice of the claim under oath to the fiscal officer of the state agency or authority.
   3. A state agency or authority which receives aid from a local government shall also pay and reimburse such political subdivision for any overtime compensation paid to an employee furnished under this Code section during the time of the rendering of the aid. Such reimbursement shall include any amounts paid or due for compensation due to personal injury or death while such employee was engaged in rendering the aid.
4. An employee of a political subdivision or agency or authority thereof who is engaged in the rendering of outside aid pursuant to a mutual aid agreement adopted pursuant to this Code section shall have the same powers, duties, rights, privileges, and immunities as if such employee was engaged in the performing of his or her duties in the political subdivisions in which he or she is normally employed.
5. Any other provision of law to the contrary notwithstanding, any records, books, or documents, as such terms are defined by subsection (e) of Code Section 45-11-1 , which are prepared for use in any training program conducted pursuant to the provisions of this Code section and any rules or regulations relating to such training which contain or may disclose techniques and procedures for the manufacture or rendering safe of any destructive device, as such term is defined by Code Section 16-7-80 , or would disclose guidelines for law enforcement investigations or prosecutions of violations of the laws of this state or of the United States relating to destructive devices, explosives, or chemical, biological, or nuclear materials shall not be subject to public disclosure pursuant to Article 5 of Chapter 11 of Title 9 or Chapter 16 of Title 17 or Article 4 of Chapter 18 of Title 50 unless the request for disclosure is served on the Attorney General as provided by Code Section 9-10-2 and a judge of the superior court finds that such disclosure is required to prevent a manifest injustice and that the information is not available from any other source. Any such order requiring disclosure shall impose such restrictions on access or copying of the material as will ensure that such material is not disclosed beyond that required to preserve the rights of the parties. Any order requiring disclosure of such material may be appealed by the district attorney of the circuit in which such order is entered or by the Attorney General. (Code 1981, § 35-8-25 , enacted by Ga. L. 1996, p. 416, § 10; Ga. L. 1997, p. 160, § 1.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1996, "paragraph (3) of Code Section 34-9-1" was substituted for "subsection (3) of Code Section 34-9-1" in paragraph (c)(1).

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 179 (1997). For review of 1996 damage to and intrusion upon property legislation, see 13 Ga. St. U.L. Rev. 108 (1996).

35-8-26. (For effective date, see note.) TASER and electronic control weapons; requirements for use; establishment of policies; training.

1. This Code section shall be known and may be cited as the "TASER and Electronic Control Weapons Act."
2. 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.
3. 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.
4. (For effective date, see note.) 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.
5. 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.
6. (For effective date, see note.) The Georgia Public Safety Training Center shall provide council approved training to peace officers for the use of electronic control weapons and similar devices. (Code 1981, § 35-8-26 , enacted by Ga. L. 2006, p. 666, § 1/HB 1019.)

Delayed effective date. - Ga. L. 2006, p. 666, § 2, not codified by the General Assembly, provides: "This Act shall become effective on January 1, 2007, excepting that provisions applying to council certification and provisions for training offered by the Georgia Public Safety Training Center shall become effective six months after the effective date of an appropriations Act containing a specific appropriation to fund certification by the council and training by the center." Funds were not appropriated at the 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, or 2018 sessions of the General Assembly.

Effective date. - This Code section became effective January 1, 2007, except for subsections (d) and (f). For effective date of these subsections, see the delayed effective date note.

35-8-27. Training requirements for school resource officers.

1. 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.
2. 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. (Code 1981, § 35-8-27 , enacted by Ga. L. 2017, p. 673, § 1-2/SB 149.)

Effective date. - This Code section became effective July 1, 2017.

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.

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.

(Ga. L. 1943, p. 595, § 1.)

Cross references. - Emergency powers of Governor, §§ 38-3-22 , 38-3-51 , 45-12-29 et seq.

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.

(Ga. L. 1943, p. 595, § 2.)

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.

(Ga. L. 1943, p. 595, § 4; Ga. L. 1993, p. 91, § 35.)

35-9-5. Issuance of certificate of appointment; effect of certificate.

1. 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.
2. 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.

   (Ga. L. 1943, p. 595, § 3; Ga. L. 1993, p. 91, § 35.)

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.

(Ga. L. 1943, p. 595, § 4; Ga. L. 1993, p. 91, § 35.)

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.

(Ga. L. 1943, p. 595, § 6.)

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.

(Ga. L. 1943, p. 595, § 6; Ga. L. 1993, p. 91, § 35.)

35-9-9. Powers and duties generally; wearing of special badge; reporting of change of address.

1. 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.
2. When on duty, a special policeman shall wear a metallic badge upon which shall be inscribed the words "special policeman."
3. 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.

   (Ga. L. 1943, p. 595, § 5; Ga. L. 1993, p. 91, § 35.)

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.

(Ga. L. 1943, p. 595, § 9; Ga. L. 1993, p. 91, § 35.)

35-9-11. Termination and revocation of appointment.

1. The appointment of any special policeman under Code Sections 35-9-2 through 35-9-10, this Code section, and Code Section 35-9-12 shall terminate and his authority thereunder shall cease whenever the governor of the state requesting his appointment shall file a notice in the office of the appointing authority, in such form as the latter may prescribe, to the effect that his services are no longer required.
2. The appointing authority shall also have power, on its own motion at any time and for any reason or cause deemed sufficient by the appointing authority, to revoke the appointment of any special policeman by filing a revocation thereof in its office and mailing a notice of such filing to the governor of the state requesting his appointment and also to the person whose appointment is revoked at his address as it appears in the application for appointment or the latest statement thereof on file.

   (Ga. L. 1943, p. 595, § 8; Ga. L. 1993, p. 91, § 35.)

35-9-12. Immunity of state from liability for acts or omissions.

Neither this state nor any political subdivision of this state nor any department, officer, board, bureau, or other agency of either the state or any political subdivision thereof shall be liable or accountable in any way for or on account of the appointment of any special policeman or for or on account of any act or omission on the part of any special policeman in connection with his powers and duties under Code Sections 35-9-2 through 35-9-11 and this Code section.

(Ga. L. 1943, p. 595, § 7; Ga. L. 1993, p. 91, § 35.)

35-9-13. Governor authorized to apply to other states for appointment of special policemen; liability for compensation; effect of proceedings upon provision of normal police protection by other state.

1. The Governor of this state is authorized, in his discretion, to make application to the governor of any other state for the appointment of special policemen for the additional protection of any property situated wholly or partly in such other state, which property is owned by this state or any subdivision thereof or in which this state or any subdivision thereof has any interest.
2. This state or the subdivision thereof owning or having an interest in the property for the protection of which any such special policeman is appointed shall be liable for the compensation and expenses of such policeman and shall have full power and authority to provide or otherwise arrange for the payment of such compensation and expenses.
3. Nothing contained in this Code section shall be construed to relieve the state or the political subdivision thereof in which such property is wholly or partly located from providing such normal police protection as it ordinarily and customarily provides for other property situated therein.

   (Ga. L. 1943, p. 595, § 10.)

35-9-14. Exercise of powers by person knowing of revocation of appointment; effect of filing and mailing of notice of revocation of appointment.

Any person knowing of the revocation of his appointment as a special policeman or having in any manner received notice thereof who exercises or attempts to exercise any of the powers of a special policeman under Code Sections 35-9-2 through 35-9-12 shall be guilty of a misdemeanor. The filing and mailing of the notice of revocation of the appointment as provided in Code Section 35-9-11 shall be presumptive evidence that the person whose appointment was revoked knew of the revocation.

(Ga. L. 1943, p. 595, § 8.)

35-9-15. Appointment of law enforcement officer of United States or any state as officer of this state.

1. On request of the sheriff or the chief or director of a law enforcement agency of this state or of any political subdivision thereof, and with the consent of the employee concerned, a law enforcement officer of the United States or any of the several states may be appointed as a law enforcement officer of this state for the purpose of providing mutual assistance in the enforcement of the laws of this state or of the United States. A law enforcement officer who is appointed pursuant to this Code section shall be considered a law enforcement officer of the appointing agency and shall have the same powers, duties, privileges, and immunities as a law enforcement officer employed by the appointing agency.
2. Any such appointment shall be in writing, signed by the sheriff or the chief or director of the appointing agency, and shall specify the powers, duties, and responsibilities of the employee so appointed. Such appointment shall be at the pleasure of the sheriff or the chief or director of the appointing law enforcement agency. The appointment shall terminate if the person appointed ceases to be employed by an agency of the United States or of the several states. A copy of the appointment shall be filed in the executive office of the appointing agency.
3. In lieu of any other oath prescribed by the laws of this state, a law enforcement officer appointed pursuant to this Code section shall take an oath to support and defend the Constitution of this state and to execute well and faithfully the laws of this state during the term of such appointment.
4. As used in this Code section, the term "law enforcement agency" includes, but is not limited to, any sheriff 's office, municipal police department, county police department, prosecuting attorney's office, or any agency of the state or a political subdivision of this state whose employees are authorized to enforce the laws of this state.
5. The following laws shall not apply to law enforcement officers appointed pursuant to this Code section:
   1. Code Section 45-2-1 , relating to persons ineligible to hold civil office; and
   2. Chapter 8 of this title, known as the "Georgia Peace Officer Standards and Training Act." (Ga. L. 1982, p. 1089, § 1; Code 1981, § 35-9-15 , enacted by Ga. L. 1982, p. 1089, § 4; Ga. L. 2012, p. 775, § 35/HB 942.)

The 2012 amendment, effective May 1, 2012, part of an Act to revise, modernize, and correct the Code, substituted "Chapter 8 of this title," for "Chapter 8 of Title 35," in paragraph (e)(2).

35-10-1. Short title.

This chapter shall be known and may be cited as the "Municipal and County Police Departments' Nomenclature Act of 1996."

(Code 1981, § 35-10-1 , enacted by Ga. L. 1996, p. 445, § 1.)

35-10-2. Declaration of public purpose.

It is declared to be contrary to the health, safety, and public welfare of the people of this state for any individual or organization to act in a manner which would mislead the public into believing that a member of the public is dealing with any municipal or county police department or with a member thereof when in fact the individual or organization is not the municipal or county police department or a member thereof. Furthermore, the municipal or county police department, which has provided quality law enforcement services to the citizens of this state, has established a name for excellence in its field. This name should be protected for the department, its members, and the citizens of this state. Therefore, no person or organization should be allowed to use any municipal or county police department's name or any term used to identify the department or its members without the expressed permission of the local governing authority. The provisions of this chapter are in furtherance of the promotion of this policy.

(Code 1981, § 35-10-2 , enacted by Ga. L. 1996, p. 445, § 1.)

35-10-3. Definitions.

As used in this chapter, the term:

1. "Badge" means any official badge used in the past or present by members of municipal or county police departments.
2. "Chief of police" means the chief of police for any municipal or county police department.
3. "Department" means any municipal or county police department.
4. "Director of public safety" means the director of public safety for any municipal or county police department.
5. "Emblem" means any official patch or other emblem worn currently or formerly or used by the department to identify the department or its employees.
6. "Local governing authority" means, with respect to a county, the governing authority of the county and, with respect to a municipality, the governing authority of the municipality.
7. "Person" means any person, corporation, organization, or political subdivision of this state.
8. "Willful violator" means any person who knowingly violates the provisions of this chapter. Any person who violates this chapter after being advised in writing by the local governing authority that such person's activity is in violation of this chapter shall be considered a willful violator and shall be considered in willful violation of this chapter. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and in willful violation of this chapter, unless upon learning of the violation he or she immediately terminates the agency or other relationship with such violator. (Code 1981, § 35-10-3 , enacted by Ga. L. 1996, p. 445, § 1.)

35-10-4. Prohibition against use of nomenclature pertaining to particular police department in connection with solicitation, advertisement, publication, or production.

Whoever, except with the express written permission of the local governing authority, knowingly uses words pertaining to a particular municipal or county police department in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production in a manner reasonably calculated to convey the impression that such solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the department shall be in violation of this chapter.

(Code 1981, § 35-10-4 , enacted by Ga. L. 1996, p. 445, § 1.)

35-10-5. Prohibition against use of symbols pertaining to particular police department in connection with solicitation, advertisement, publication, or production.

Any person who uses or displays any current or historical symbol, including any emblem, seal, or badge, used by the department in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production in a manner reasonably calculated to convey the impression that such solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the department without written permission from the local governing authority shall be in violation of this chapter.

(Code 1981, § 35-10-5 , enacted by Ga. L. 1996, p. 445, § 1.)

35-10-6. Procedure for obtaining permission to use nomenclature or symbols; discretion of local governing body.

Any person wishing permission to use the nomenclature or a symbol of a department may submit a written request for such permission to the chief of police or director of public safety. Within 15 calendar days after receipt of the request, the chief of police or director of public safety shall send a notice with his or her recommendation to the local governing authority stating whether the person may use the requested nomenclature or symbol. Within 30 calendar days after receipt of a recommendation from the chief of police or director of public safety, the local governing authority shall send a notice to the requesting party of their decision on whether or not the person may use the requested nomenclature or symbol. If the local governing authority does not respond within the 30 day time period, then the request is presumed to have been approved. The grant of permission under Code Section 35-10-4 or 35-10-5 shall be in the discretion of the local governing authority under such conditions as the local governing authority may impose.

(Code 1981, § 35-10-6 , enacted by Ga. L. 1996, p. 445, § 1; Ga. L. 1999, p. 81, § 35.)

35-10-7. Injunctions against violations.

Whenever there shall be an actual or threatened violation of Code Section 35-10-4 or 35-10-5, the local governing authority shall have the right to apply to the superior court of the county of residence of the violator for an injunction to restrain the violation.

(Code 1981, § 35-10-7 , enacted by Ga. L. 1996, p. 445, § 1.)

35-10-8. Criminal penalties.

In addition to any other relief or sanction for a violation of Code Section 35-10-4 or 35-10-5, where the violation is willful, the local governing authority shall be entitled to collect a civil penalty in the amount of $500.00 for each violation. Further, when there is a finding of willful violation, the local governing authority shall be entitled to recover reasonable attorney's fees for bringing any action against the violator. The local governing authority shall be entitled to seek civil sanctions in the superior court in the county of residence of the violator.

(Code 1981, § 35-10-8 , enacted by Ga. L. 1996, p. 445, § 1.)

35-10-9. Actions for civil damages.

Any person who has given money or any other item of value to another person due in part to such person's use of department nomenclature or symbols in violation of this chapter may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees.

(Code 1981, § 35-10-9 , enacted by Ga. L. 1996, p. 445, § 1.)

35-10-10. Criminal penalties.

Any person who violates the provisions of this chapter shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 or more than $5,000.00 or to imprisonment for not less than one or more than five years, or both. Each violation shall constitute a separate offense.

(Code 1981, § 35-10-10 , enacted by Ga. L. 1996, p. 445, § 1.)

35-10-11. Name required on vehicles used to enforce traffic laws.

No law enforcement agency shall enforce the traffic laws of this state or any traffic ordinances with any name of law enforcement authority on its vehicles other than the name of the applicable county or municipality or the state.

(Code 1981, § 35-10-11 , enacted by Ga. L. 1996, p. 445, § 1.)