Georgia House of Representatives - 1995/1996 Sessions

HB 116 - Firefighters; amend provisions

Page Numbers - 1/ 2/ 3/ 4

Code Sections - 25-4-8

1. Twiggs  8th


House Comm: PubS       /                Senate Comm: PubS       /               
House Vote: Yeas 101   Nays 3           Senate Vote: Yeas 44  Nays 0            
              ----------------------------------------                          
               House          Action         Senate                             
              ----------------------------------------                          
              1/9/95   Read 1st Time         3/1/95                             
              1/10/95  Read 2nd Time         3/8/95                             
              2/2/95   Favorably Reported    3/7/95                             
              2/28/95  Read 3rd Time         3/14/95                            
              2/28/95  Passed/Adopted        3/14/95                            
                       Comm/Floor Amend/Sub  FA                                 
              3/15/95  Amend/Sub Disagreed To                                   
                       Recedes               3/17/95                            
              3/29/95  Sent to Governor                                         
              4/7/95   Signed by Governor                                       
              257      Act/Veto Number                                          
              7/1/95   Effective Date                                           
              ----------------------------------------                          
Rules Suspended to Introduce                                                    
                                                                                
Code Sections amended: 25-4-8                                                   


HB 116                                            LC 10 0975






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Chapter 4 of Title 25 of the Official Code of
  1- 2  Georgia Annotated, relating to firefighter standards and
  1- 3  training, so as to change the provisions relating to
  1- 4  qualifications of firefighters generally; to provide for the
  1- 5  fingerprinting of persons employed as firefighters and for a
  1- 6  search of criminal records; to change certain provisions
  1- 7  relating to minimum physical fitness requirements; to
  1- 8  provide for the meanings of the terms "felony,"
  1- 9  "conviction," and "conviction data"; to provide procedures
  1-10  for obtaining criminal history information; to provide for
  1-11  the duties of local and state law enforcement agencies; to
  1-12  provide for duties of the Georgia Crime Information Center;
  1-13  to provide for the dissemination of certain conviction data;
  1-14  to provide that certain information is privileged; to
  1-15  provide for the maintenance of records; to provide for
  1-16  related matters; to repeal conflicting laws; and for other
  1-17  purposes.

  1-18       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-19  Chapter 4 of Title 25 of the Official Code of Georgia
  1-20  Annotated, relating to firefighter standards and training,
  1-21  is amended by striking in its entirety Code Section 25-4-8,
  1-22  relating to qualifications of firefighters generally, and
  1-23  inserting in lieu thereof a new Code Section 25-4-8 to read
  1-24  as follows:

  1-25    "25-4-8. (Index)

  1-26    (a) Except as provided in Code Section 25-4-12, any person
  1-27    employed or certified as a firefighter shall:

  1-28      (1) Be at least 18 years of age;

  1-29      (2) Not have been convicted of a felony in any
  1-30      jurisdiction or of a crime which if committed in this
  1-31      state would constitute a felony under the laws of this
  1-32      state within ten years prior to employment, provided



                                 -1- (Index)

                                                  LC 10 0975

  2- 1      that a person who has been convicted of a felony more
  2- 2      than five but less than ten years prior to employment
  2- 3      may be certified and employed as a firefighter when the
  2- 4      person has:

  2- 5        (A) Successfully completed a training program
  2- 6        following the Georgia Fire Academy curriculum and
  2- 7        sponsored by the Department of Corrections;

  2- 8        (B) Earned and possesses a first class firefighter
  2- 9        diploma;

  2-10        (C) Been recommended to a fire department by the
  2-11        proper authorities at the institution at which the
  2-12        training program was undertaken; and

  2-13        (D) Met all other requirements as set forth in this
  2-14        chapter.

  2-15      The council shall be the final authority with respect to
  2-16      authorizing employment and certification of a person who
  2-17      has been convicted of a felony more than five but less
  2-18      than ten years prior to seeking employment when the
  2-19      person is seeking employment as a firefighter for any
  2-20      municipal, county, or state fire department which
  2-21      employs three or more firefighters who work a minimum of
  2-22      40 hours per week and has the responsibility of
  2-23      preventing and suppressing fires, protecting life and
  2-24      property, and enforcing municipal, county, and state
  2-25      codes, as well as enforcing any law pertaining to the
  2-26      prevention and control of fires;

  2-27      (3) Have a good moral character as determined by
  2-28      investigation under procedure approved by the council;

  2-29      (4) Be fingerprinted and a search made of local, state,
  2-30      and national fingerprint files to disclose any criminal
  2-31      record;

  2-32      (4) (5) Be in good physical condition as determined by a
  2-33      medical examination as approved by the council; and
  2-34      successfully pass the minimum physical agility
  2-35      requirements as established by the council; and

  2-36      (5) Successfully pass the minimum physical fitness
  2-37      requirements of Sections 2-3.1 through 2-3.6 of the
  2-38      'Firefighter Professional Qualifications' (1981) adopted
  2-39      May, 1981, and published by the National Fire Protection
  2-40      Association; and




                                 -2- (Index)

                                                  LC 10 0975

  3- 1      (6) Possess or achieve within 12 months after employment
  3- 2      a high school diploma or a general education development
  3- 3      equivalency.

  3- 4    (b) For the purposes of paragraph (2) of subsection (a) of
  3- 5    this Code section, a person shall be deemed to have been
  3- 6    convicted of a crime if such person shall have pleaded
  3- 7    guilty to a charge thereof before a court or federal
  3- 8    magistrate or shall have been found guilty thereof by the
  3- 9    decision or judgment of a court or federal magistrate or
  3-10    by the verdict of a jury, irrespective of the
  3-11    pronouncement of sentence or the suspension thereof,
  3-12    unless such plea of guilty or such decision, judgment, or
  3-13    verdict shall have been set aside, reversed, or otherwise
  3-14    abrogated by lawful judicial process or unless the person
  3-15    convicted of the crime shall have received a pardon
  3-16    therefor from the President of the United States or the
  3-17    governor or other pardoning authority in the jurisdiction
  3-18    where the conviction was had or shall have received a
  3-19    certificate of good conduct granted by the State Board of
  3-20    Pardons and Paroles pursuant to the provisions of law to
  3-21    remove a disability under law because of such conviction.

  3-22      (c)(1) For the purposes of making determinations
  3-23      relating to eligibility under paragraph (2) of
  3-24      subsection (a) of this Code section, a local fire
  3-25      department shall provide information relative to
  3-26      prospective employees to the local law enforcement
  3-27      agency and a state fire department shall provide
  3-28      information relative to prospective employees to a state
  3-29      law enforcement agency.  Such local or state law
  3-30      enforcement agency shall be authorized to obtain
  3-31      conviction data with respect to such prospective
  3-32      employees of a local or state fire department as
  3-33      authorized in this subsection.  The local or state law
  3-34      enforcement agency shall submit to the Georgia Crime
  3-35      Information Center two complete sets of fingerprints of
  3-36      the applicant for appointment or employment, the
  3-37      required records search fees, and such other information
  3-38      as may be required.  Upon receipt thereof, the Georgia
  3-39      Crime Information Center shall promptly transmit one set
  3-40      of fingerprints to the Federal Bureau of Investigation
  3-41      for a search of bureau records and an appropriate report
  3-42      and shall retain the other set and promptly conduct a
  3-43      search of its own records and records to which it has
  3-44      access.  The Georgia Crime Information Center shall
  3-45      notify the local or state law enforcement agency in


                                 -3- (Index)

                                                  LC 10 0975

  4- 1      writing of any derogatory finding, including, but not
  4- 2      limited to, any conviction data regarding the
  4- 3      fingerprint records check or if there is no such
  4- 4      finding.  All conviction data received by the local or
  4- 5      state law enforcement agency shall not be a public
  4- 6      record, shall be privileged, and shall not be disclosed
  4- 7      to any other person or agency except as provided in this
  4- 8      subsection and except to any person or agency which
  4- 9      otherwise has a legal right to inspect the employment
  4-10      file.  All such records shall be maintained by the local
  4-11      or state law enforcement agency pursuant to laws
  4-12      regarding such records and the rules and regulations of
  4-13      the Federal Bureau of Investigation and the Georgia
  4-14      Crime Information Center, as applicable.  As used in
  4-15      this subsection, 'conviction data' means a record of a
  4-16      finding or verdict of guilty or plea of guilty or plea
  4-17      of nolo contendere with regard to any crime, regardless
  4-18      of whether an appeal of the conviction has been sought.

  4-19      (2) The local or state law enforcement agency shall
  4-20      provide to the chief of the fire department which
  4-21      requested information on an applicant any criminal data
  4-22      indicating that the applicant was convicted of a felony.
  4-23      Such information may be provided to the council.  The
  4-24      provisions of paragraph (1) of this subsection relating
  4-25      to privileged information and records of conviction data
  4-26      shall apply to any information provided by a law
  4-27      enforcement agency to a fire department."

                         SECTION 2.

  4-28   All laws and parts of laws in conflict with this Act are
  4-29  repealed.

















                                 -4- (Index)