Georgia House of Representatives - 1995/1996 Sessions

HB 115 - Law enforcement; complaints against officers; processing

Page Numbers - 1/ 2

Code Sections - 35-11-1/ 35-11-2/ 35-11-3

1. Twiggs  8th


House Comm: PubS       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/9/95   Read 1st Time                                                                
              1/10/95  Read 2nd Time                                                                
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Rules Suspended to Introduce                                                                        
                                                                                                    
Code Sections amended: 35-11-1, 35-11-2, 35-11-3                                                    


HB 115                                             LC 9 7933






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Title 35 of the Official Code of Georgia Annotated,
  1- 2  relating to law enforcement officers and agencies, so as to
  1- 3  provide for the establishment of professional criteria for
  1- 4  the receipt and processing of complaints against law
  1- 5  enforcement officers; to define certain terms; to repeal
  1- 6  conflicting laws; and for other purposes.

  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 8  Title 35 of the Official Code of Georgia Annotated, relating
  1- 9  to law enforcement officers and agencies, is amended by
  1-10  adding at the end thereof a new Chapter 11 to read as
  1-11  follows:

                        "CHAPTER 11

  1-12    35-11-1. (Index)

  1-13    As used in this chapter, the term:

  1-14      (1) 'Agency' means a law enforcement agency or other
  1-15      agency of any county, municipality, or other political
  1-16      subdivision of the state which employs law enforcement
  1-17      officers, except that such term shall not include a
  1-18      sheriff's office of any county.

  1-19      (2) 'Law enforcement officer' or 'officer' means any
  1-20      peace officer as defined in paragraph (8) of Code
  1-21      Section 35-8-2 who is certified by the Georgia Peace
  1-22      Officer Standards and Training Council, except that such
  1-23      term shall not include any sheriff or deputy sheriff in
  1-24      any county of this state.

  1-25    35-11-2. (Index)

  1-26    Each agency shall establish minimum procedures to ensure
  1-27    that any officer is afforded due process of law prior to
  1-28    the imposition of any disciplinary action against said
  1-29    officer.  Such procedures shall include, as a minimum, the
  1-30    right to notice and a hearing before a fair and impartial


                                 -1- (Index)

                                                   LC 9 7933

  2- 1    board or hearing officer, the right to be represented, at
  2- 2    the expense of said officer, and the right to confront any
  2- 3    witnesses testifying against said officer.

  2- 4    35-11-3. (Index)

  2- 5    Law enforcement agencies currently using an established
  2- 6    merit system, agency review board, civilian complaint
  2- 7    board, personnel board, or other means of providing due
  2- 8    process are exempt from this chapter."

                         SECTION 2.

  2- 9  All laws and parts of laws in conflict with this Act are
  2-10  repealed.



































                                 -2- (Index)